Outline of the system
Under Directive No. 1 assessment of the technical suitability of non-traditional products and construction systems, and under Directive No. 2 certification the conformity of traditional construction products and systems. The technical suitability document (DITEC) is the official document issued for a construction product or system once it has successfully undergone the evaluation process.
The aim is to ensure that constructions designed and built in national territory do not compromise the safety of human beings, animals, property or the environment, or other aspects of society in general. To this end, constructions must meet certain requirements that can reliably ensure an adequate level of safety.
The DITEC can only be granted for the following non-traditional construction products and systems (new products or the new use of a traditional product):
- Industrially manufactured products and systems.
- Perfectly identifiable products and systems.
- Products and systems intended for a specific and unequivocal use.
For the purposes of these regulations, "non-traditional" shall be understood to mean products and systems which, having not been used sufficiently in practice by the time the application is filed, are not covered by Cuban rules or regulations that make it possible to verify whether they meet key requirements.
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
There is no restriction as to the quantity or value of imports. Licensing seeks to contribute to Cuba's policy on electricity saving.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
This procedure applies to goods from any country in the world.
Expected duration of licensing procedure
Is the licensing statutorily required?
Ministry of Construction Resolution No.933 of 1999. Licensing is mandatory for all entities that import the products or systems described above.
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?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
The DITEC is available to producers, importers and traders of the products and systems concerned.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Submission of an application
Administrative body(ies) for submission of an application
What information is required in applications?
Applications shall be made in writing and must contain the express commitment to respect the obligations deriving from the regulations, particularly as regards any necessary controls, sampling, testing or experiments carried out in the factory or laboratory, or on the work site. Applications must be accompanied by the following information:
- Name and identification of the product or system.
- Name and distinctive mark of the manufacturer.
- Main characteristics of the product or system that determine its suitability for use (in accordance with essential requirements).
- Packing, packaging, labelling and marking requirements.
- Handling, transportation and storage requirements.
- Rules on maintenance and repair.
- Technical information regarding usage.
- Results of tests conducted by accredited entities and of in-factory testing, which should at least cover aspects relating to the essential construction requirements.
- Documents concerning the relevant quality system.
- Characteristics of production, processing and manufacturing control centres.
- References to use in works that are completed or under construction.
- Certificates issued by authorized institutions and any other information considered useful.
Where a DITEC is requested for a product or system produced in various factories, the report shall indicate any fundamental differences that may exist in the manufacturing characteristics of the various establishments. Where deemed necessary, a specific report shall be requested for each production centre.
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?
Prior to signing the contract of sale with the supplier.
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.
Issuing the license
Can a licence be granted immediately on request?
No, an evaluation will be conducted by the Technical Centre for the Development of Construction Materials. Other institutions may be contracted if necessary. This work includes visits to production centres and construction sites, testing, user surveys, the preparation of a preliminary draft of the technical suitability document (DITEC), and consideration of the opinions of the rapporteur and the committee of experts.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Prior to signing the contract of sale with the supplier.
Which administrative body is responsible for approving application of licences?
Consideration of applications is effected solely by the authority in charge.
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?
Fees and other administrative charges
Is there any licensing fee or administrative charge?
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue 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?
The DITEC may be provisionally suspended or invalidated where:
- the product or system is defective;
- the holder does not comply with the regulations or meet the conditions established in the DITEC;
- the original text is misused;
- the holder promotes or agrees to the use of the product or system for a purpose other than that for which the DITEC was granted;
- other products are marketed under the DITEC.
Are the reasons for any refusal given to applicants?
If any of the above-mentioned circumstances are detected in the use and circulation of the DITEC, the Directorate of Standardization will, with a view to the temporary suspension or invalidation of the document, notify the holder of the infringements observed and request that he present his case within 30 days.
Any decision to suspend or invalidate the DITEC will be made known to the parties concerned.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Are there any limitations as to the period of year during which importation may be made?
There are no limitations.
What documents are required upon actual importation?
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The DITEC is valid for five years, unless the relevant file specifies a different period of time or the object of the DITEC has been provided for in domestic standards or regulations during this period. The DITEC can be invalidated, reviewed or renewed where there are grounds for doing so. The renewal of the DITEC must be requested six months before its validity expires, by following the same application procedure.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
In the event of the transfer of the property or right concerned, the use of the DITEC will require authorization from the Directorate of Standardization.
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?