Basic information
Outline of the system
Licence from the Ministry of Production and Trade, Directorate-General of Industrial Sectors. This system controls imports of new scraps from the clothing industry (tariff subheading 6310.10.00.10), for the recovery of textile fibres to be unravelled for use in the manufacture of yarn. Licences are not transferable and may only be used to import the volume authorized, which must arrive in a single shipment, at a single customs office.
Product coverage
The system applies to tariff subheading 6310.10.00.10 (see Products).
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
The system is designed to ensure that the goods are used exclusively for the recovery of textile fibres by unravelling for use in the manufacture of yarn. There are no restrictions on the volume or value of imported goods.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
Import licences are issued without discrimination as to the country of origin of the goods.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Obtaining an import licence is a statutory requirement.
The legal basis for the system is:
- Official Gazette No. 5039, extraordinary edition of 9 February 1996, publishing Decree 989 of 20 December 1995, the Customs Tariff.
- Official Gazette No. 37376 of 31 January 2002, publishing Joint Resolution No, 855 of the Ministry of Finance and No. 977 of the Ministry of Production and Trade, which partly amends Decree No. 989 of 20 December 1995 promulgating the Customs Tariff, in the terms specified therein.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The executive is empowered to abolish the licensing system without legislative approval and to designate products to be subjected to licensing.
Is it possible for the government to abolish the system without legislative approval?
The executive is empowered to abolish the licensing system without legislative approval and to designate products to be subjected to licensing.
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 import 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?
The application form for licences to import scraps from the clothing industry requires information on the importer, country of origin of the goods, customs entry point, trade description of the product, tariff code, unit, quantity and weight of the goods to be imported (see Annex 8).
Annex 8.pdfWhat documents is the importer required to supply with the application?
The importer is required to attach the following to the import licence: certification or authorization, on official company notepaper, the original being duly stamped and signed by the legal representative, with the name of the person authorized to take out the licence; record of most recent import operation, indicating volume and value of goods (attaching copies of the relevant import declarations – forms A, B and C); and the pro forma invoice.
In addition, companies applying for an import licence for the first time are required to supply a copy of the trade register of the company, and a sworn statement describing the intended use of the scraps.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for import licences should be made 21 working days in advance of the date of import, which is the minimum time required for processing.
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 time of year.
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Article 86 of the Organic Law on Customs requires that goods comply with the customs regulations in effect on the date of their arrival at the primary zone and the importer is required to present all the necessary documentation.
Which administrative body is responsible for approving application of licences?
The Directorate-General of Industrial Sectors of the Ministry of Production and Trade is the organ 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?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Importers are required to pay a revenue stamp of 15 tax units in accordance with Article 10 of the Revenue Stamp Law and Article 229 of the Tax Code.
Is there any deposit or advance payment required associated with the issue of licences?
There are no deposits or advance payments for issuing import 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?
Are the reasons for any refusal given to applicants?
In the event a licence is refused, the importer is notified of the reasons for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative Procedures.
If so, to what bodies and under what procedures?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative 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 time of year.
What documents are required upon actual importation?
The importer is required to present the import licence issued by the Directorate-General of Industrial Sectors of the Ministry of Production and Trade at the time the imports are made.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licences are valid for six months and may not be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties.
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?
In Venezuela, the currency is freely convertible. There are no restrictions on access to foreign exchange.