Basic information
Outline of the system
Authorization is required to import ionizing radiation sources (radioactive sources and ionizing radiation generating equipment). This provides a means of controlling the sources entering the country and ensuring that the use to which they will be put is proper and safe. Authorization is also required to import nuclear materials and significant components so as to verify that they are being imported for peaceful and authorized purposes, in accordance with the safeguards regime for such materials.
Licences are granted to domestic or foreign legal persons based or represented in the Republic of Cuba.
Product coverage
The following products are subject to non-automatic import licensing procedures:
Ionizing radiation source: Anything that produces ionizing radiation and might cause exposure to such radiation (radioactive sources and ionizing radiation generating equipment);
Nuclear material: Uranium containing the mixture of isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any of the foregoing in the form of metal, alloy, chemical compound, or concentrate. Plutonium 239; uranium 233; uranium enriched in the isotopes 235 or 233; and any material containing one or more of the foregoing;
Significant components: Equipment or components for nuclear installations or those of the type used in such installations, specially designed or developed for the treatment, utilization or production of nuclear material.
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
In this case, licensing is not intended to restrict the quantity of imports; its purpose is to assess the radioactive sources or ionizing radiation emitting equipment which enter the country in terms of radioactivity related risks, bearing in mind that justification for the import of these goods hinges on the use to be made of them in Cuba and the safety requirements to be met during use. With regard to nuclear material or significant components, transfer authorization is required in order to control the nuclear material imported into the country, both quantitatively and qualitatively, ensuring that it is destined for peaceful use, and preventing any unauthorized use, waste or movement, in accordance with the safeguards agreements concluded between the Republic of Cuba and the IAEA.
These procedures are in conformity with the Code of Conduct on the Safety and Security of Radioactive Sources and supplementary Guidance on the Import and Export of Radioactive Sources, of the International Atomic Energy Agency (IAEA), and with the nuclear non-proliferation commitments under the treaties on non-proliferation and prohibition of nuclear weapons in Latin America and the Caribbean.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
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-Law No. 207 of 14 February 2000 on the use of nuclear energy. CITMA Resolution No. 334 of 29 December 2011 "Regulations governing the Notification and Authorization of Practices and Activities associated with the Use of Ionizing Radiation Sources";
CITMA Resolution No. 62/96 of 12 July 1996 "Regulations governing the Accounting and Control of Nuclear Materials".
Import licensing is mandatory. The legislation specifies the products that are subject to licensing in each case.
The granting of licences is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave the designation of products subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is not 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?
Importers must be registered in the National Register for Exporters and Importers of the Chamber of Commerce of the Republic of Cuba.
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
Directorate of Nuclear Safety, ORSA
Address
Telephone
(+53) 72023166
Fax
Contact officer
Director: Rosbell Bosch Robaina
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications for licences to import ionizing radiation sources must be submitted by the legal representative of the interested entity, using the form contained in Annex 2 to CITMA Resolution No. 334/2011. The application form must be signed by the legal representative, stamped by the entity, and include information such as the name and address of the requesting entity, the name and surname of the entity's legal representative, and the type of authorization requested.
- Legal document certifying that the entity is authorized to import;
- Tariff heading(s);
- Details of the sources to be imported, pursuant to Annex 7 to CITMA Resolution No. 334/2011, which specifies the information to be submitted, such as the name of the radioactive source and whether or not it is sealed, or in the case of ionizing radiation generating equipment, details that include the following: source activity and category, radionuclide activity, source serial number, equipment model, use and voltage, and type of radiation emitted;
- Entity for which the imported source is destined, including: name, legal domicile, fax number, e-mail address, and consent to receive the source;
- Expected date of arrival in national territory;
- Entity responsible for transportation of the source to the receiving entity (except for radiation generating equipment);
- Air or maritime terminal at which the source is expected to arrive;
- In the case of sealed sources, certification of leak tightness testing in accordance with ISO 9978 or another internationally recognized standard;
- Certification of special form radioactive material under current regulations on the transport of radioactive material;
- In the case of ionizing radiation emitting equipment, detailed information on the equipment's safety characteristics, provided by the manufacturer, and certification from the regulatory authority in the country of origin concerning the approval of the design;
- Production certificate for sealed sources;
- Certification of ISO 2919 classification of the source;
- Package design approval certificate for the transportation of Type B packages in accordance with the regulations in force on the transport of radioactive material.
What documents is the importer required to supply with the application?
Applications to transfer nuclear material or significant components must be submitted using the forms contained in Annexes 2 and 4 to CITMA Resolution No. 62/1996, as appropriate.
Window of submission of an application
How far in advance of importation must application for a licence be made?
The specific technical authorizations to carry out import operations must be granted by a competent authority and be obtained prior to the signing of the relevant contract. Where this is not possible, they must always be obtained before the start of the commercial operation (defined as the date of shipment of the goods), according to the level of risk and nature of each individual case. Under current legislation, an import licence must be obtained from ORSA prior to the introduction of ionizing radiation sources into 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 an application for a licence may be made.
Issuing the license
Can a licence be granted immediately on request?
Given that an assessment is required, a licence can never be granted immediately.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
It is provided that ORSA must respond to a licence application within 30 working days of its receipt.
For the transfer of nuclear material or significant components, applications must be submitted 90 days before the scheduled date of importation.
Which administrative body is responsible for approving application of licences?
ORSA is the sole body responsible for considering licence applications.
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 other conditions are attached to the issuing of these licences. The licence holder must adhere to the licensing requirements.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no charge for the authorization to transfer nuclear materials or significant components.
What is the amount of the fee or charge?
A fee of CUP 4,110 is charged for the issuing of an import licence, as laid down in Resolution No. 58/2020 of the Director-General of ORSA. A fee of CUP 30,312 is charged to foreign legal persons.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement.
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?
Under Article 20 of CITMA Resolution No. 334/2011, an application for a licence to import ionizing radiation sources may be rejected on the following grounds:
- the documents provided by the applicant are incomplete or have not been prepared in accordance with the requirements of CITMA Resolution No. 334/2011;
- the application has not been signed by the entity's legal representative;
- the documents and information are confusing, incomplete or contradictory;
- the activity for which authorization is requested is not justified for the purposes of radiological protection;
- the applicant does not meet the regulatory and safety requirements for conducting the activity.
Authorization to transfer nuclear material or significant components is not granted unless the requesting entity is authorized to use such material or components.
Are the reasons for any refusal given to applicants?
The CNSN notifies the requesting entity in writing of the rejection of the application for a licence to import ionizing radiation sources and attaches the report setting out the grounds for the decision.
Have applicants a right of appeal in the event of refusal to issue a licence?
Appeal to the Director-General of ORSA against the decision rejecting the application lies within 10 working days of the date of notification of the decision.
If so, to what bodies and under what procedures?
Appeal to the Director-General of ORSA against the decision rejecting the application lies within 10 working days of the date of notification of the decision.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Applicants for licences to import ionizing radiation sources must submit the following documents and information:
- legal document certifying that the entity is authorized to import;
- tariff heading(s);
- details of the sources to be imported, pursuant to Annex 7 to CITMA Resolution No. 334/2011, which specifies the information to be submitted, such as the name of the radioactive source and whether or not it is sealed, or in the case of ionizing radiation generating equipment, details that include the following: source activity and category, radionuclide activity, source serial number, equipment model, use and voltage, and type of radiation emitted;
- entity for which the imported source is destined, including: name, legal domicile, fax number, e-mail address, and consent to receive the source;
- expected date of arrival in national territory;
- entity responsible for transportation of the source to the receiving entity (except for radiation generating equipment);
- air or maritime terminal at which the source is expected to arrive;
- in the case of sealed sources, certification of leak tightness testing in accordance with ISO 9978 or another internationally recognized standard;
- certification of special form radioactive material under current regulations on the transport of radioactive material;
- in the case of ionizing radiation emitting equipment, detailed information on the equipment's safety characteristics, provided by the manufacturer, and certification from the regulatory authority in the country of origin concerning the approval of the design;
- production certificate for sealed sources;
- certification of ISO 2919 classification of the source;
- package design approval certificate for the transportation of Type B packages in accordance with the regulations in force on the transport of radioactive material.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other procedures are required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of an import licence is specified by the CNSN on a case by case basis according to the prevailing circumstances. When an import licence expires, a new one must be requested, which will have a new period of validity.
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 a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licences 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.