Basic information
Outline of the system
The Antigua and Barbuda licensing system is regulated by the External Trade (Import Restriction) Act, Cap 163, Volume IV of the Revised Laws of Antigua and Barbuda (1992) (Attachment I), Law Revision (Miscellaneous) (Amendments) (No. 2) Act 2000, Section 4 (Attachment II), Statutory Instruments 2001 No. 23 (Schedule I, Countries which are not Members of the WTO; Schedule II, Import prohibition from countries which are not Members of the Organization of Eastern Caribbean States (OECS) or the Caribbean Common Market (CARICOM); Schedule III, Import prohibition from countries which are not Members of the Organization of Eastern Caribbean States) (Attachment III), Statutory Instruments 1999 No. 42 (Chemicals Controlled by the Montreal Protocol) (Attachment IV) and Import License Procedure Bulletin (Attachment V) . The licensing system is administered by the Trade Division of the Ministry of Economic Development, Trade, Industry and Commerce.
Product coverage
Licences are non-automatic listed below:
Caribbean Common Market (CARICOM) Treaty Obligations; Imports of animals, poultry, livestock and poultry products, plants and plant products, pesticides, drugs and antibiotics, firearms, fireworks, arms and ammunition and other products; Chemicals controlled by the Montreal Protocol
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
Automatic import licensing is for statistical purposes. Non-automatic import licensing is for the purpose of administering import restrictions maintained pursuant to the Caribbean Common Market, The External Trade (Import Restriction) Act, Cap. 163, Volume IV of the Revised Laws of Antigua and Barbuda (1992), Statutory Instruments 2001, No. 23 (Schedule I), Caribbean Community (CARICOM) Treaty Obligations Schedules II and III of Statutory Instruments 1995, No. 13, and Statutory Instruments 1999, No. 42 (chemicals controlled by the Montreal Protocol).
Questions for products under restriction as to the quantity or value of imports
For products under restriction: See Answers 6.1-6.11.
The system applies to products originating from which country?
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing system is a statutory requirement.
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?
Authority exists to suspend specific items in the system, whenever it is determined that such action is appropriate. By law, notice of such action must be published in the Government Gazette.
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 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?
A sample application form (Application for licence to import) is available for reference in the Trade Division of the Ministry of Economic Development, Trade, Industry and Commerce.
Application for licence to import.pdfWhat documents is the importer required to supply with the application?
An importer is required to submit the following documents with the application: Import prohibition is applied on certain products, generally for health, security, moral or environmental reasons. Imports of animals, poultry, livestock and poultry products are required to conform with the Animal Health Legislation (Cap. 110). They must be accompanied by certificates from the Ministry of Agriculture of the exporting country. In addition inspection in Antigua is undertaken by the Veterinary Clinic of the Ministry of Agriculture. Imports of plants and plant products are required to conform with the Plant Health Legislation (Cap. 102). Imports of pesticides require a licence from the Pesticide Control Board prior to importation and in accordance with Act No. 15 of 1973 and Statutory Instrument No. 46 of 1981. Imports of drugs and antibiotics require a licence from the Minister of Health under the Dangerous Drugs Order (Caps. 225 and 222), and Statutory Instruments Nos. 46 of 1981 and 18 of 1989. Firearms, fireworks, arms and ammunition require a licence from the Commissioner of Police prior to importation in accordance with Act No. 18 (Cap. 310) of 1975.
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
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
Which administrative body is responsible for approving application of licences?
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?
There are no conditions attached to the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge.
What is the amount of the fee or charge?
There is a ten cents per form charge for each licence form. A total of three licence forms is required.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of 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?
None.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are not given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant has a right of appeal.
If so, to what bodies and under what procedures?
In the event of refusal to issue a licence, the applicant has a right of appeal to the Permanent Secretary and Ministers of the relevant Ministries.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence or a copy thereof.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A licence is valid in most cases for one month from the date of issue. The validity can be extended if the applicant so requests.
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 any portion of it.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
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 to a maximum of EC$100,000.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition of obtaining foreign exchange.
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
Permission is required from the Ministry of Finance for foreign exchange exceeding EC$100,000. Foreign exchange is easily available from local banks and no particular formalities are needed.
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?
Information relating to quotas, formalities of filing applications for licences, exceptions and derogations is published in the Government Gazette.
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?
Quotas are determined on an annual basis.
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)
Licences are allotted to importers who are not producers of like products. Regulations do require licensees to utilise a specific percentage of licences issued. Licensees are not required to surrender unused amounts. Unused amounts are then reallocated to other eligible importers. The list of importers to whom licences have been allocated is not published in the Government Gazette, but is forwarded to the Customs Department.
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?
There is no specified period from the time of announcing the opening of quotas to submission of applications for licences.
What are the minimum and maximum lengths of time for processing applications?
Applications for licences are processed within 24 hours. Most applications are processed within four hours.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Import licences in most cases are granted within 24 hours of submission of application.
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?
In most cases licence applications are considered by one administrative body. However, imports of animals, poultry, livestock and poultry products are required to conform with the Animal Health Legislation (Cap. 110). They must be accompanied by certificates from the Ministry of Agriculture of the exporting country. In addition inspection in Antigua is undertaken by the Veterinary Clinic of the Ministry of Agriculture. Imports of plants and plant products are required to conform with the Plant Health Legislation (Cap. 102). Imports of pesticides require a licence from the Pesticide Control Board prior to importation and in accordance with Act No. 15 of 1973 and Statutory Instruments No. 46 of 1981. Imports of drugs and antibiotics require a licence from the Minister of Health under the Dangerous Drugs Order (Caps. 225 and 222), and Statutory Instruments Nos. 46 of 1981 and 18 of 1989. Firearms, fireworks, arms and ammunition require a licence from the Commissioner of Police prior to importation in accordance with Act No. 18 (Cap. 310) of 1975.
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?
Licences are issued mainly on the basis of past performance. A portion of the quota is allocated to new importers. Applications are examined on receipt.
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?
There are no bilateral quotas or export restraint arrangements. Export permits from exporting countries are not required.
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?
Export permits from exporting countries are not required.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No licences are issued on condition that goods should be exported and not sold in the domestic market.