Basic information
Outline of the system
Decree-Law 68/2005, of 31 October 2005, which describes Cape Verde’s Licensing Regime, was revised to bring it in conformity with the WTO “Agreement on Procedures on the Matter of Importation Licensing”.
The revised legislation takes the following operations in consideration:
- Imports that are subject to automatic licensing; and
- Imports subject to non-automatic licensing
- Imports that are totally exempt from licensing;
According to Decree-Law 68/2005, all imported goods are subject to automatic licensing except goods that require sanitary/phytosanitary control, or security control (handguns, explosives and the like), or mandatory restrictions, required by law. These goods are subject to a non-automatic license regime.
The automatic licensing becomes effective upon presentation of a Customs Declaration to Customs.
Product coverage
There are three licensing systems in Cape Verde:
- For imports subject to automatic license;
- For imports subject to non-automatic license;
- For imports exempt from licensing.
All other goods are subject to automatic licensing, except goods subject to sanitary, phytosanitary and security control and goods subject to mandatory restrictions defined by law, which are subject to a non-automatic license.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing system does not restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
The systems applies equally to all goods, regardless of the country or countries where they originate.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The previous licensing legislation, Decree-Law 51/2003 of 24 November 2003 was replaced by Decree-Law 68/2005 of 31 October 2005. The new legislation is in conformity with the WTO Agreement on Import Licensing Procedures.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
The licensing system can only be altered by law.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
No information or form is required for automatic licenses.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
It depends on the type of products being imported. If the product is subject to the automatic license regime, the license is issued automatically.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There is no limitation.
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Import licenses are automatic except for the exceptional cases referred to under non-automatic regime.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Cape Verde’s law does not foresee any circumstances under which applicants may be denied a license.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
There is no limitation.
What documents are required upon actual importation?
Invoices, bill of lading, certificate of origin and certificate of quality.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
There is no period of validity for automatic licenses.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
No, the importer must authorize the banking authorities to transfer the money in payment of Customs duties.
Is a licence required as a condition to obtaining foreign exchange?
No, a license is not a condition to obtain foreign exchange.
Is foreign exchange always available to cover licences issued?
No, but in exceptional cases the Central Bank may have restrictions on foreign exchange balance of payments.
What formalities must be fulfilled for obtaining the foreign exchange?
The importer must present his/her commercial documents including the Customs declaration and authorize the bank to make payment.