Basic information
Outline of the system
Registration and a licence are required to import fertilizers to ensure that the use of these substances at national level is maintained at the levels and within the ranges that are authorized.
Product coverage
The following products are subject to mandatory registration with the Central Registration Authority for Fertilizers in order to enter and be used in Cuba: - chemical and/or mineral fertilizers; - organo-mineral fertilizers; - biological fertilizers; - organic fertilizers; - soil amendments; - stimulants.
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
Licensing is not intended to restrict the quantity and/or value of imports; rather, its purpose is to ensure control of the use in Cuba of substances that may be hazardous to life or have a pollutant effect on the environment.
Questions for products under restriction as to the quantity or value of imports
Not applicable as there are no restrictions as to quantity or value.
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
Legal requirements
Is the licensing statutorily required?
Decree No. 179/1993 "Protection, Use and Conservation of Soils and Infringements thereof", which lays down the parameters and obligations governing the use and conservation of Cuban soil; Ministry of Justice Resolution No. 7/2001 authorizing the establishment of the Central Registration Authority for Fertilizers; and Ministry of Agriculture Resolution No. 369/2019 implementing the Central Registration Authority for Fertilizers, which sets out the documents to be submitted with an application for registration, the statutory procedures to be followed and the assessments to be conducted by the Committee of Experts.
Registration is statutorily required under the legislative instruments referred to above.
The legislation that forms the legal framework for the control system provides that all products referred to in point 2 of this questionnaire are subject to licensing.
Since the legal basis is Decree No. 179/1993 "Protection, Use and Conservation of Soil and Infringements thereof", legislative approval must be obtained for its abolition.
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?
There is no restrictive licensing register for registration applications.
What persons or firms are eligible to apply for a licence?
Entities and institutions are eligible to apply subject to presentation of accreditation in Cuba by the appropriate bodies; natural persons are eligible to apply subject to presentation of a power confirming their accreditation by the entity they represent.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Department of Soil and Fertilizers, MINAG
Address
Telephone
(+53)7884 7642
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications must contain the following information:
- powers confirming the credentials of the person applying for registration;
- an official application form (the original and one copy);
- technical information about the commercial product;
- draft labelling;
- list of countries where the product is authorized indicating the registration number and recommended uses;
- product patent, where appropriate;
- a sample of the product commensurate with the quantities required for the tests and trials that will be conducted.
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?
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.
Issuing the license
Can a licence be granted immediately on request?
No, the process must run its full course before registration is possible.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
There are no minimum or maximum time limits; the time taken to process an application for a fertilizer before registration in the Central Register varies depending on how complex the fertilizer in question is. The potential dangers that a fertilizer poses to life and the environment are assessed by field tests and trials.
Which administrative body is responsible for approving application of licences?
The importer only has to approach the Central Registration Authority for Fertilizers.
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?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no set fee or charge.
What is the amount of the fee or charge?
The amount charged depends on product type and the analyses and tests conducted on it in light of its features. The amount charged is based on the official price list drawn up for such activities.
Is there any deposit or advance payment required associated with the issue of licences?
The issue of a licence is subject to payment of the analyses and tests conducted.
Amount or rate?
The amount charged is not refundable and is based on the criteria referred to in point 12 above.
Is it refundable?
The amount charged is not refundable and is based on the criteria referred to in point 12 above.
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?
There are no circumstances other than those described above under which a licence application may be refused.
Are the reasons for any refusal given to applicants?
The applicant is always informed of the reasons for any refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
No appeal is possible because the decision is the opinion of a committee of experts composed of trained specialists representing a range of bodies.
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 are no limitations as to the period of the year.
What documents are required upon actual importation?
Documents attesting to approval and registration with the Central Registration Authority for Fertilizers.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
As far as Cuba is concerned, those laid down in relation to registration with the Central Registration Authority for Fertilizers.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licences do not expire provided that the composition and formulation of the fertilizer remain the same as when the licence application was made.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
The penalties are those provided for in Decree No.179/1993 "Protection, Use and Conservation of the Soil and Contraventions Thereof".
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
They are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.