Equipment requiring use of Ozone depleting substances

Basic information

1

Outline of the system

The Import Licensing System is regulated by the Import and Export Control Regulations 1941, which is scheduled as part of the Trade Ordinance No. 19 of 1958.

In 1989 Trinidad and Tobago acceded to the Vienna Convention for the Protection of the Ozone layer and the Montreal Protocol on substances that deplete the ozone layer. A country programme for the Phase Out of Ozone Depleting Substances was prepared in 1996 and has been implemented. This country met the 1st July 1999 deadline for the freeze on the consumption of Chlorofluorocarbons (CFC's) at levels of average imports for 1995 and 1997. A Terminal Phase Out Management Plan for the Phase Out of Chlorofluorocarbons (CFC's) was implemented in 2004 which led to the phase out of imports of CFC's as at 31 December 2007. This country continues to monitor the imports of CFC's using the Licensing regime in conjunction with the Customs and Excise Division through the National Ozone Unit. Using the existing licensing system, this country will be beginning the phase out of hydrochlorofluorocarbons in 2013. Authority exists to suspend the system whenever it is determined that such action is appropriate. Notice to such action is published in the Trinidad and Tobago Gazette.

Complete Phase out was achieved as at 31st December 2007. Phase out of Halons – Halon 1211, Halon 1301, Halon 2402 – Annex A – group 11 effective 1st January 2002. No quotas are considered. Alternative products are used. Phase out of Methyl Bromide - Annex E - is effective 1st January 2002. Quota set at level of average imports for 1995 – 1998. Quota issued to only one (1) importer.

2

Product coverage

Equipment requiring the use of Ozone Depleting substances (ODS): except those using R11, R12, R113, R114, R115, Halon 1211, 1321, 2402
• Compressors and their parts Used refrigerating equipment;
• Dehumidifiers;
• Air conditioning machines and their parts for domestic and commercial use, as well as Auto air conditioning unit and their parts for new or used vehicles – whether mounted or not;
• Refrigerators, freezers and other;
• Refrigerating or freezing Equipment, heat pumps and their Parts for domestic and commercial use;
• Portable fire extinguisher and their parts.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Montreal Protocol

5

Products under restriction as to the quantity or value of imports

6

Questions for products under restriction as to the quantity or value of imports

See replies 6.1-6.11

7

The system applies to products originating from which country?

The system applies to goods originating in and coming from all countries

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

All persons, firms and institutions are eligible to apply for Licences.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

17

Address

18

Telephone

19

Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Environmental Management Authority

Documentation requirements

24

What information is required in applications?

A Sample form can be downloaded

Sample Application Form.pdf
25

What documents is the importer required to supply with the application?

An importer is required to submit the following documents with the application:
- Covering letter explaining need for the imported item- non automatic licences.
- Personal identification.
- Board of Inland Revenue Certificate.
- Registration of business.
- Proforma Invoice of goods if available.

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Issuing the license

28

Can a licence be granted immediately on request?

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

30

Which administrative body is responsible for approving application of licences?

31

Must the applications be passed on to other organs for visa, note or approval?

32

Are there any other conditions attached to the issue of a licence?

No

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

No

34

What is the amount of the fee or charge?

Prior to 17 July 2000 an import licence fee of $11.00 was applicable. Effective 17 July 2000 this fee is no longer applicable.

35

Is there any deposit or advance payment required associated with the issue of licences?

There is no deposit of advance payment requirement associated with the issue of licences.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

41

Are the reasons for any refusal given to applicants?

42

Have applicants a right of appeal in the event of refusal to issue a licence?

If the Ministry's policy does not allow the reasons for refusal are written on the application form, the applicant has a right to appeal to a higher authority

43

If so, to what bodies and under what procedures?

Permanent Secretary or Minister

Importation

44

Are there any limitations as to the period of year during which importation may be made?

45

What documents are required upon actual importation?

Upon actual importation, an importer is required to submit the Customs copy of the approved Import Licence to the Customs and Excise Division.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

A Licence is valid to the end of the year in which it was issued unless otherwise stated. The validity can be extended if the applicant so request, however extension is not automatic.

48

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 a portion of it.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences are not transferable between importers.

Foreign Exchange

50

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.

51

Is a licence required as a condition to obtaining foreign exchange?

No Licence is required as a condition for obtaining foreign exchange.

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?

Import documents must be provided to the banking authorities.

The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)

6.1

Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

In accordance with the dictates of the Montreal Protocol the Government of Trinidad and Tobago agreed to implement the phase out on the consumption of Chlorofluorocarbons (CFC's). CFC's 11, 12,113,114,115 at the level of average imports for 1995-1997, effective 1st July 1999.

6.2

Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?

A quota system was implemented that accommodated only those importers whose history records showed that they imported CFC's during the period 1995 -1997.

6.3

Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)

Quotas are issued to only eight (8) importers.

6.4

From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

6.5

What are the minimum and maximum lengths of time for processing applications?

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

6.7

Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

6.8

If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

6.9

In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

6.10

In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

6.11

Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?