Basic information
Outline of the system
This administrative procedure seeks to ascertain that the personal protective equipment used by workers complies with the technical requirements set forth in the national and international rules in force.
The purpose of the procedure is to assess, approve and register personal protective equipment on the basis of an examination of the technical documentation, a physical examination of the equipment and its marking in accordance with the applicable standards, and certain tests when the country has the competent laboratories.
Based on the examination, a technical authorization is issued certifying that the equipment satisfies the requirements, and stating the category and period of validity of the authorization.
Product coverage
The goods covered by this system are personal protective equipment, meaning devices or items worn by workers to protect them against one or more risks to their safety or health at their work station, and the parts, components or interchangeable accessories needed to ensure their proper functioning and used exclusively therewith, including:
- protective headgear for motorcycle, motorbike and moped riders and equipment for underwater work (diving), essential to many economic activities even if they are not used exclusively by workers;
- personal protective equipment acquired in connection with different technology projects, for example protective clothing that comes with refrigerating equipment, protective devices for welding equipment, etc. to test their protective characteristics;
- surgical gloves and lead aprons for x-ray exposure used in public health.
The following are not included:
Protective equipment designed exclusively for use by the armed forces, fire services, sporting activities, public transport (ships and aircraft), and rescue activities. However, other personal protective equipment used in such activities, but not designed exclusively for such use, are subject to registration. These include:
- respirators used by the fire services;
- motorcycle helmets and goggles used for sporting activities.
While the importation of equipment that has been donated is not subject to technical authorization, it must nevertheless undergo the relevant technical analysis before it can be used.
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 procedure seeks to ensure compliance with the protective requirements of the equipment marketed in the country for use by workers, and is in no way intended to restrict the quantity of imports. The process is efficient enough to avoid any unnecessary delays that could impede the marketing of the equipment.
The analysis method used is essentially documentary. Tests could possibly also be conducted to achieve the desired result, but the necessary laboratories are not always available.
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?
The basic laws or regulations that provide the legal basis for the procedure are:
Paragraph 2.2 of Agreement 8332 of 23 March 2018, which states that "the functions of the MTSS include proposing, directing and controlling policies in the areas of occupational protection, safety and hygiene and checking the protective characteristics of personal protective equipment".
Article 36 of the Basic Regulations of the MTSS, adopted on 10 January 2015 by Resolution No. 2 of the President of the Council of State and the Council of Ministers, Army General Raúl Castro Ruz, which states that the functions of the Centre shall be to register and approve personal protective equipment produced or marketed in the country.
Article 141 of Law No. 116 containing the Labour Code, which stipulates that "it is the duty of the Ministry of Labour and Social Security (MTSS) to propose general policy on labour protection and safety and to approve personal protective equipment that is produced or imported" in order to regulate this process.
MTSS Resolution No. 7 of February 2013, which specifies that the Centre for the Certification of Personal Protective Equipment is responsible for organizing and implementing, as appropriate, all activities relating to the validation of equipment of this type to be distributed and used by workers in Cuba.
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?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
MTSS Resolution No.7 of 2013 provides that legal personality to engage in registration procedures is vested in importers, producers and marketers of personal protective equipment; and in any entities that use such equipment and are authorized to import them for their own use, such as joint ventures, provided that they submit the evidence required to that end and satisfy the other requirements.
What persons or firms are eligible to apply for a licence?
MTSS Resolution No.7 of 2013 provides that legal personality to engage in registration procedures is vested in importers, producers and marketers of personal protective equipment; and in any entities that use such equipment and are authorized to import them for their own use, such as joint ventures, provided that they submit the evidence required to that end and satisfy the other requirements.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Ministry of Labour and Social Security (MTSS)/Centre for the Certification of Personal Protective Items and Equipment (CCEPP)
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?
For registration of the entity:
- the information requested in Form 1 delivered by the authority;
For registration and approval of the equipment:
- the information listed in Form 2 (attached)
What documents is the importer required to supply with the application?
For registration of the entity:
- for foreign commercial branches, a copy of the trading licence issued by the Chamber of Commerce of the Republic of Cuba and the list of equipment must be attached;
- for entities operating from abroad, a copy of the articles of association of the entity in its country of origin, notarized by the Consulate of Cuba in that country or at an international notary's office in Cuba;
- Cuban producers or trading entities must attach a copy of the MINCIN Central Commercial Registration to their application.
For registration and approval of the equipment:
- declaration of conformity by the equipment's manufacturer;
- approval certificate issued by an accredited independent laboratory in the country of origin or a third country;
- technical fact sheet on the equipment;
- physical sample of the equipment with minimum marking for the purposes of identification (trademark, model and reference number).
Window of submission of an application
How far in advance of importation must application for a licence be made?
Not limited in time. The time available to the licence holder to perform these procedures depends on how promptly the application is submitted and on whether the relevant documentation and samples are delivered on time and in due form.
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 of that kind.
Issuing the license
Can a licence be granted immediately on request?
Certification is not possible unless accompanied by the relevant analysis. The process may, however, be quicker for renewals of previously registered and approved equipment.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not limited in time. The time available to the licence holder to perform these procedures depends on how promptly the application is submitted and on whether the relevant documentation and samples are delivered on time and in due form.
Which administrative body is responsible for approving application of licences?
There is only one administrative body.
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?
What is the amount of the fee or charge?
The tariffs payable for the service are set out in Ministry of Finance and Prices Resolutions No.P 4 of 2001 and No.P83 of 2005.
Is there any deposit or advance payment required associated with the issue of licences?
There are no requirements of this kind.
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 registration may be refused where:
- the equipment in question is not the workers' personal protective equipment under the criteria referred to above;
- the documents or samples delivered by the applicant do not satisfy the requirements or when there are discrepancies between them;
- the documentation presented is shown to have been subject to fraud or alteration.
Are the reasons for any refusal given to applicants?
The applicant is notified of the report in such cases.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant may appeal to the next highest level of the MTSS as stipulated in the contract concluded between the parties.
If so, to what bodies and under what procedures?
The applicant may appeal to the next highest level of the MTSS as stipulated in the contract concluded between the parties.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations of that kind.
What documents are required upon actual importation?
The technical report attesting to its approval.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of registration certificates for equipment depends on the category of the equipment, as follows:
- Equipment in Category I: 5 years;
- Equipment in Category II: 4 years;
- Equipment in Category III: 3 years.
Upon expiry of the above period, the holder may renew the registration certificate once only.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties or charges of this kind.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The rights conferred upon a licence holder by the registration of equipment are not transferable unless the change is to the name of the commercial entity and evidence is produced to that end.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There is no provision for mechanisms of this kind.