Basic information
Outline of the system
Plants, plant products and regulated articles appearing in Annex I of Resolution 465 of the Foreign Trade and Investment Council (COMEXI) require a Phytosanitary Import Permit (PFI), which contains the phytosanitary requirements to be met by the exporting country prior to the shipment of such products.
Product coverage
Under Articles 4 and 5 of the Plant Health Law and its Regulations, natural or legal persons wishing to import plants (live plants and parts thereof, including seeds and germplasm), plant products (manufactured and non-manufactured products of plant origin, including grains) and regulated articles (any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests) appearing in Annex I of COMEXI Resolution 465, available at http://www.comexi.gov.ec/resoluciones2008.shtml, must first obtain a PFI.
The procedure for obtaining phytosanitary import permits for products of plant origin is automatic, provided the phytosanitary requirements can be found in Annex 1 of AGROCALIDAD Resolution 011, published in Official Register 118 of 22 April 2009, and in the updates published on the website (http://www.agrocalidad.gov.ec). Where there are no phytosanitary requirements for a product from a new origin, the user is informed that a Pest Risk Analysis (PRA) must be performed prior to importation.
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 PFI requirement does not restrict the quantity or value of imports, but rather, it protects the country against the introduction and/or spread of quarantine pests.
Questions for products under restriction as to the quantity or value of imports
AGROCALIDAD does not apply restrictions as to quantity or value of imports of plants, plant products and regulated articles from other countries.
The system applies to products originating from which country?
The system of phytosanitary import permits applies to all plants, plant products and regulated articles from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The PFI is governed by the Plant Health Law and its Regulations. The administrative procedure is based on Resolutions 011 and 014, published in the Official Register and on the AGROCALIDAD website (www.agrocalidad.gov.ec).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Designation of products that require a PFI is not left to the discretion of AGROCALIDAD.
Is it possible for the government to abolish the system without legislative approval?
The national government, through COMEXI, may determine or modify the list of products requiring a PFI prior to the submission of the technical report.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Before importing any plants, plant products or regulated articles, the natural or legal person in question must register as an importer with AGROCALIDAD, as stipulated in Resolution 054, published in Official Register 470 of 19 November 2008.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
There is a fee for the registration of importers of plants, plant products and regulated articles which is established in Resolution 054.
Is there a published list of authorized importers?
The official list of importers registered with AGROCALIDAD can be found on the website: www.agrocalidad.gov.ec.
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 for a PFI must be submitted in writing, signed and dated by the applicant, and must contain the following information:
(a) Name and address of the importer;
(b) Description of the product to be imported;
(c) Quantity of the product to be imported;
(d) Name and address of exporter;
(e) Country of origin of the product to be imported;
(f) Name of the port of entry and exit of the product to be imported;
(g) Means of transport of the product;
(h) Use to be made of the product.
What documents is the importer required to supply with the application?
A copy of the order form, a copy of the pro forma invoice, a copy of the customs document, and proof of payment to AGROCALIDAD of the officially established fees (see paragraph 12).
Window of submission of an application
How far in advance of importation must application for a licence be made?
The PFI must be obtained prior to the shipment of the product. Applications are submitted to the appropriate office at the Ministry of Agriculture, Livestock, Aquaculture and Fisheries of Ecuador, and must be addressed to AGROCALIDAD, the agency responsible for conducting the technical analysis of the product to be imported and for issuing the PFI or rejecting the product within a maximum limit of ten working days.
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 period of the year during which an application for a PFI may be made.
Issuing the license
Can a licence be granted immediately on request?
A PFI cannot be granted earlier than mentioned in the previous paragraph.
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?
All of the import applications for products of plant origin are sent to AGROCALIDAD through the Ministry of Agriculture, Livestock, Aquaculture and Fisheries.
Must the applications be passed on to other organs for visa, note or approval?
No.
Are there any other conditions attached to the issue of a licence?
The issue of the licence is not subject to any other conditions.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The charges for importation are based on the AGROCALIDAD schedule of fees (Resolution 001), published in Official Register 331 of 10 May 2004.
Is there any deposit or advance payment required associated with the issue of licences?
The issue of a PFI is not subject to any deposit or advance payment. However, as stipulated in the AGROCALIDAD schedule of fees (Resolution 001), full payment in advance is required to obtain a PFI.
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?
The PFI may be refused if the plants, plant products and regulated articles present, or could present, a risk of introducing and/or spreading pests in the territory of Ecuador. It can also be refused if the product to be imported does not meet phytosanitary requirements established through a PRA.
Are the reasons for any refusal given to applicants?
The importer is informed of the refusal
Have applicants a right of appeal in the event of refusal to issue a licence?
As stated in the Plant Health Law, its Regulations, and Resolution 003 (Guidelines for Conducting a PRA), there is no appeal procedure
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 limitations as to the period of the year during which an application for a PFI may be made.
What documents are required upon actual importation?
Upon importation, the following documentation is required: the PFI, the importer registration certificate issued by the AGROCALIDAD, the phytosanitary export certificate issued by the national phytosanitary protection organization of the country of origin, a certificate of origin for the product, and a certificate of treatment of the product where necessary. These documents are examined during the phytosanitary inspection which takes place upon entry of the product into the country.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
AGROCALIDAD does not require any administrative procedures other than those set forth in Resolutions 011 and 014.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
PFIs are valid for a period of three months (90 days), as stipulated in CAN Resolution 240 and AGROCALIDAD Resolutions 011 and 014. They are valid for only one shipment, and in case of expiry, the importer may ask, 48 hours in advance, for an extension of 30 days. If the PFI is not utilized during the stipulated time, the importer must apply for a new one.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for total or partial non-utilization of a PFI.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
PFIs are not transferable between importers.
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.