Basic information
Outline of the system
The Antigua and Barbuda licensing system is regulated by the External Trade (Import Restriction) Act, Cap 163, Volume IV of the Revised Laws of Antigua and Barbuda (1992) (Attachment I), Law Revision (Miscellaneous) (Amendments) (No. 2) Act 2000, Section 4 (Attachment II), Statutory Instruments 2001 No. 23 (Schedule I, Countries which are not Members of the WTO; Schedule II, Import prohibition from countries which are not Members of the Organization of Eastern Caribbean States (OECS) or the Caribbean Common Market (CARICOM); Schedule III, Import prohibition from countries which are not Members of the Organization of Eastern Caribbean States) (Attachment III), Statutory Instruments 1999 No. 42 (Chemicals Controlled by the Montreal Protocol) (Attachment IV) and Import License Procedure Bulletin (Attachment V) . The licensing system is administered by the Trade Division of the Ministry of Economic Development, Trade, Industry and Commerce.
Product coverage
Licences are automatic except for the non-automatic products listed below:
Caribbean Common Market (CARICOM) Treaty Obligations; Imports of animals, poultry, livestock and poultry products, plants and plant products, pesticides, drugs and antibiotics, firearms, fireworks, arms and ammunition and other products; Chemicals controlled by the Montreal Protocol
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
Automatic import licensing is for statistical purposes.
Questions for products under restriction as to the quantity or value of imports
There is no quantitative limit on importation of a product or on imports from a particular country.
The system applies to products originating from which country?
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing system is a statutory requirement.
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?
Authority exists to suspend specific items in the system, whenever it is determined that such action is appropriate. By law, notice of such action must be published in the Government Gazette.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licences.
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?
A sample application form (Application for licence to import) is available for reference in the Trade Division of the Ministry of Economic Development, Trade, Industry and Commerce.
Application for licence to import.pdfWhat 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?
There is no specific time-period as to when the licence application must be submitted. However a licence application must be submitted and approved before the commodity's arrival in the country.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which applications for licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
Under certain circumstances, a licence can be granted immediately upon 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?
An importer may have to approach more than one administrative organ in connection with a licence application.
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?
There are no conditions attached to the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge.
What is the amount of the fee or charge?
There is a ten cents per form charge for each licence form. A total of three licence forms is required.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of licences.
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?
None.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are not given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant has a right of appeal.
If so, to what bodies and under what procedures?
In the event of refusal to issue a licence, the applicant has a right of appeal to the Permanent Secretary and Ministers of the relevant Ministries.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which applications for licence and/or importation may be made.
What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence or a copy thereof.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A licence is valid in most cases for one month from the date of issue. The validity can be extended if the applicant so requests.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or any portion of it.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported to a maximum of EC$100,000.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition of obtaining foreign exchange.
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
Permission is required from the Ministry of Finance for foreign exchange exceeding EC$100,000. Foreign exchange is easily available from local banks and no particular formalities are needed.