Basic information
Outline of the system
A licence is required to import substances that have the potential to deplete the ozone layer (otherwise known as ozone-depleting substances or ODS), and products, equipment and technologies that use these substances. The purpose of this requirement is to ensure that emissions and the use of these substances at national level are maintained at the levels and within the ranges that are authorized under international commitments.
Product coverage
Any substance listed in the Annexes to CITMA Resolution No. 127/2012.
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 intended to restrict the quantity of imports through the use of a nationally established maximum quota for each substance, with a view to progressively reducing the substances in question until they are totally eliminated, in compliance with Cuba's obligations as a signatory to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.
Questions for products under restriction as to the quantity or value of imports
See Answers 6.1-6.11.
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?
Law No.81 on the environment, Article 12(g) and (i); and CITMA Resolution No 116/2005. Import licensing is mandatory. The legislation specifies the substances covered by this licensing system. 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?
The importation and exportation of the substances in question and products, equipment and technologies that use these substances must be authorized by the Ministry of Foreign Trade by means of a resolution defining the substance type or group.
What persons or firms are eligible to apply for a licence?
Any legal person intending to import or export the substances in question must be registered in the National Register of Exporters and Importers of the Chamber of Commerce of Cuba.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Office for Environmental Regulation and Safety (ORSA)
Address
Telephone
(+53) 72024601
Fax
Contact officer
Director: Juan Bautista Sosa Marín
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Form issued by the authority.
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?
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.
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 such limitations.
Issuing the license
Can a licence be granted immediately on request?
Licences cannot be extended. A new licence may be requested, within the same calendar year, if all of the anticipated amount is not imported.
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?
Environmental licences are granted solely by the ORSA.
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?
Yes
What is the amount of the fee or charge?
A fee of CUP 280 is charged for the issuing of an import licence. There is no charge for the authorization for equipment and technologies that are free from ozone depleting substances.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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?
An application for an import licence may be refused if any of the requirements set forth in the legislation are not met.
Are the reasons for any refusal given to applicants?
The applicant is notified in writing of the grounds for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
No appeal lies from a refusal.
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 such limitations.
What documents are required upon actual importation?
The relevant licence must be presented to Customs.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other procedures.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licences are valid for the year in progress. They cannot be extended.
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?
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.
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?
Quota size is determined on a yearly basis (calendar year). Quotas cannot be carried over from one year to the next, and they remain in effect only for the period of validity of the import licence (until 31 December of the year in question). Import licences are valid for only one shipment. If the anticipated amount is too large for a single shipment, a new licence must be requested for the excess within the same calendar year.
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?
Importing entities are required to keep a permanent inventory of imports of these substances and their destinations. In July and December each year, they must notify the Technical Ozone Office, by means of an official communication signed by their most senior executive, of all imports and sales of ozone-depleting substances, and products, equipment, and technologies containing such substances. Every three months, the Customs General of the Republic notifies promptly to ORSA the data relating to actual imports into Cuba of all regulated and controlled ozone-depleting substances, and products, equipment and technologies. The environmental authority (CICA) is free to order a state environmental inspection to monitor compliance with the requirements set out in the licences granted.
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)
Applications must be submitted in the year for which the quota is assigned, in any period of the year, 60 working days before the scheduled shipment date. Licences remain valid until 31 December of the year in which they are granted.
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?
Import licences are granted within a maximum period of 30 working days.
What are the minimum and maximum lengths of time for processing applications?
Upon receiving the application, ORSA reviews the documentation supplied and determines within a period of five working days following receipt whether or not to issue the environmental licence. The period for issuing a licence concludes within 30 working days as from the date of acceptance of the application by ORSA. Within that period, ORSA informs the applicant in writing whether the licence has been awarded or refused.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Applications are submitted to ORSA, which is based at the CITMA. It is not necessary to approach any other administrative body.
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?
Applications are always submitted by the importer and must specify the entities the substances are for and the quantities of substance to be imported for each of those entities, in accordance with the amounts allocated in advance by ORSA (HCFCs). The CNSQ allocates these amounts on the basis of the requests that the entities have made, and the overall amount that the country can allow without affecting its international phase out commitments.
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?
Applications are examined and, once approved in the same order, they are notified, thus ensuring that any importer to which a quota has been allocated can apply for the necessary licence.
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?
Not applicable.
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?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Not applicable.