Basic information
Outline of the system
Decree-Law 68/2005, of 31 October 2005, which describes Cape Verde’s Licensing Regime, was revised to bring it in conformity with the WTO “Agreement on Procedures on the Matter of Importation Licensing”.
The revised legislation takes the following operations in consideration:
- Imports that are subject to automatic licensing; and
- Imports subject to non-automatic licensing
- Imports that are totally exempt from licensing;
According to Decree-Law 68/2005, all imported goods are subject to automatic licensing except goods that require sanitary/phytosanitary control, or security control (handguns, explosives and the like), or mandatory restrictions, required by law. These goods are subject to a non-automatic license regime.
The importation request for the goods subject to non-automatic license require a certificate of
compliance issued by the sanitary/phytosanitary authorities or security control authorities, or other
applicable competent authorities, depending on the nature of the goods in question.
The non-automatic license takes effect within a maximum of 21 days, counting from the date the Customs Declaration is presented to the competent authorities. In unusual and exceptional circumstances (such as military arms or security reasons) it may be impossible to grant a non-automatic license within the 21 days period. In those limited situations, the 21 days period is suspended.
Product coverage
There are three licensing systems in Cape Verde:
- For imports subject to automatic license;
- For imports subject to non-automatic license;
- For imports exempt from licensing.
All other goods are subject to automatic licensing, except goods subject to sanitary, phytosanitary and security control and goods subject to mandatory restrictions defined by law, which are subject to a non-automatic license.
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 non-automatic license protects human, animal and plant health, the eco-system, and safeguards the national security.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
The systems applies equally to all goods, regardless of the country or countries where they originate.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The previous licensing legislation, Decree-Law 51/2003 of 24 November 2003 was replaced by Decree-Law 68/2005 of 31 October 2005. The new legislation is in conformity with the WTO Agreement on Import Licensing Procedures.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The new legislation requires that a non-automatic licence be issued to goods subject to mandatory restrictions defined by law.
Is it possible for the government to abolish the system without legislative approval?
The licensing system can only be altered by law.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes.
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
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?
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?
It depends on the type of products being imported. If the product is subject to a non-automatic license regime, the law requires that the license be issued within a maximum of 21 days.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There is no limitation.
Issuing the license
Can a licence be granted immediately on request?
Yes, if the product is not subject to a non-automatic license.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Import licenses are automatic except for the exceptional cases referred to above.
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.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No.
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?
Cape Verde’s law does not foresee any circumstances under which applicants may be denied a license.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Denials of non-automatic licenses may be appealed juridically in conformity with the law.
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 is no limitation.
What documents are required upon actual importation?
Invoices, bill of lading, certificate of origin and certificate of quality.
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?
The law does not fix a validity period for non-automatic licenses such as sanitary-phytosanitary. Licenses for this category are issued for each importation and are valid for the period requested by the importer. This license category cannot be extended. In the case of arms or security products licenses are issued for 90 days and exceptionally they can be extended for an additional 60 days. Non-automatic licenses are issued only by request of the importer, after verification that the importer meets the established legal requisites. Import and export operations are unencumbered for the importers and exporters, credentialed as such under the terms of the law.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
No, the importer must authorize the banking authorities to transfer the money in payment of Customs duties.
Is a licence required as a condition to obtaining foreign exchange?
No, a license is not a condition to obtain foreign exchange.
Is foreign exchange always available to cover licences issued?
No, but in exceptional cases the Central Bank may have restrictions on foreign exchange balance of payments.
What formalities must be fulfilled for obtaining the foreign exchange?
The importer must present his/her commercial documents including the Customs declaration and authorize the bank to make payment.
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)
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?
The Cape Verde licensing system is not intended to nor does it restrict the quantity or value of imports but is to ensure human, animal and plant health, protect the eco-system, safeguard the national security. All issues pertaining to the licensing regime are published in the applicable Cape Verde legislation.
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?
The Cape Verde licensing system imposes no quotas, and it is not intended to restrict the quantity or value of imports. The law does not fix a validity period for sanitary-phytosanitary non-automatic licenses. Licenses for this category are issued for each importation and are valid for the period requested by the importer. This license category cannot be extended. In the case of arms or security products licenses are issued for 90 days and exceptionally they can be extended for an additional 60 days. Non-automatic licenses are issued only by request of the importer, after verification that the importer meets the established legal requisites. Import and export operations are unencumbered for the importers and exporters, credentialed as such under the terms of the law.
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)
The Cape Verde licensing system imposes no quotas, and it is not intended to, nor does it restrict the quantity or value of imports, and the import and export operations are unencumbered.
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?
The Cape Verde licensing system imposes no quotas.
What are the minimum and maximum lengths of time for processing applications?
The Cape Verde licensing system imposes no quotas hence no applications are required.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Under the Cape Verde licensing system, import and export operations are unencumbered. The importer is free to initiate import and export operations at its discretion.
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?
No. Import licenses are automatic save for the exceptional cases referred to above.
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?
Import licenses are automatic save for the exceptional cases referred to above.
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?
The Cape Verde licensing system foresees no quotas or restraint arrangements.
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?
The provisions indicated in this number do not apply in Cape Verde. Cape Verde’s import and export operations are completely liberalized.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Cape Verde’s legislation does not require any kind of licensing for export operations and does not foresee any situation, regardless of the type of products.