Basic information
Outline of the system
Import licences (non automatic licences) are required for the importation of refrigerant substances in all forms and for all purposes. Such substances are controlled by the Montreal Protocol with the aim of securing the elimination of chlorofluorocarbons (CFCs).
Authorizations are granted to all natural or legal persons that produce, export, import and use substances which deplete the ozone layer.
Product coverage
CFC substances to which the licensing system applies:
Trichlorofluoromethane (CFC 11)
Dichlorodifluoromethane (CFC 12)
Chlorotrifluoromethane (CFC 13)
Pentachlorofluoroethane (CFC 111)
Tetrachlorodifluoroethane (CFC 112)
Trichlorotrifluoroethane (CFC 113)
Dichlorotetrafluoroethane (CFC 114)
Chloropentafluoroethane (CFC 115)
Tetrachloromethane (Carbon Tetrachloride)
1, 1, 1 Trichloroethane (Methyl Chloroform)
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 licences are intended to reduce and eventually eliminate CFC consumption in accordance with the following schedule:
Dominican Republic: Plan to Reduce Consumption of
Ozone Depleting Substances (CFC 11, CFC 12)
Permitted Annual Import Quotas, 2000 2010 (metric tonnes)
YEAR CFC-11 CFC-12
2000 156 377
2001 140 339
2002 124 302
2003 109 264
2004 93 226
2005 78 188
2006 62 152
2007 46 113
2008 31 75
2009 15 38
2010 0 0
No alternative measures were considered. The elimination plan was based solely on the system described in this document.
Questions for products under restriction as to the quantity or value of imports
With regard to imports of CFCs, the Dominican Republic has a timetable for reducing and eliminating imports, limiting quantities for each type of CFC refrigerant each year until the goal of zero imports is obtained from 2010 onwards, an undertaking shared by all developing countries of the world.
The system applies to products originating from which country?
The system applies to all countries of the world with which the Dominican Republic has trade relations and which adhere to the Montreal Protocol.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The legal basis is Decree 356 99 together with the Regulation on Reducing the Consumption of Substances that Deplete the Ozone Layer. Licensing for the importation of ozone depleting substances is statutorily required in the Dominican Republic.
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?
From the date of publication of the Regulations on Reducing the Consumption of Substances that Deplete the Ozone Layer, published in Decree No. 356-99, no new producer enterprises that import ozone depleting substances will be included in the Ministry of the Environment's register of importers.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
The register in question will continue to include the names of firms listed therein prior to the date of publication of the Regulations, their names being as follows:
1. AutoRefricentro M & B, CxA
2. Central de Refrigeración, C.X.A
3. Fábrica de Refrigeradores Comerciales, CxA
4. Freeze it Dominicana, s.a.
5. Freezer y Botelleros Continental
6. Friger del Caribe
7. Friomaster c. por a.
8. Metalgas
9. Petroquímicos Automotrices, S.A
10. Pochy Ieromazzo, S.A,
11. Reefer services, s.a.
12. Rafael Refojos y Asoc.
13. REFRIPARTES, C.X.A
14. Romaca, c. por a.
15. Suministradora Industrial, C.X.A
16. Respuestos C&h
17. Refrimport Mota
18. Frio Aire
19. LUKASTA
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
Ministry of the Environment of the Dominican Republic
Documentation requirements
What information is required in applications?
Registered firms interested in continuing to import the above mentioned substances, whether in pure or mixed form, must apply in writing for the corresponding authorization from the Ministry of the Environment and Natural Resources.
Sustancias agotadoras del ozono.pdfWhat documents is the importer required to supply with the application?
In order to have its import application processed, the firm must submit the following:
(a) Import application duly signed by the legal representative of the firm.
(b) The application must be supported by deductions of previous imports, duly certified by the Directorate General of Customs.
(c) Letter of prior consent from the competent authority in the country of consignment, as established in the Montreal Protocol, or export licence issued by that authority.
(d) Name, trade name or corporate title of the importer.
(e) Quantity, in kilograms, of the ozone depleting substance to be imported.
(f) Country of origin of the ozone depleting substance.
(g) Company of origin of the ozone depleting substance.
(h) Name of the border entry point to the country.
(i) Date on which the importation is to be effected.
(j) Any other information which the Ministry deems appropriate.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications must be made before importation and are processed within the next five working days following the date of receipt of the application containing all the required information, otherwise not until all the information has been supplied.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Available quotas or amounts for refrigerant imports are valid only for the current year. It is not possible to carry over quota amounts from previous years or make advance use of quantities for future years; this is because the Dominican Republic, as a member of the Montreal Protocol, is required each year to communicate its statistics on consumption of these substances, and the country's consumption is measured on the basis of imports, which may not exceed the annual limits permitted under the provisions of the Montreal Protocol.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
For imports arriving at the port of entry without the corresponding authorization, the latter is granted if they are within the permitted quantities; otherwise the surplus or non permitted quantities are seized and the firm incurs an administrative penalty from the Ministry of the Environment and Natural Resources.
Which administrative body is responsible for approving application of licences?
The Dominican Republic's Ozone Programme, which comes under the Ministry of the Environment and Natural Resources, has sole responsibility for processing applications for imports of refrigerants.
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 issue of a licence. The issue of an import authorization is not subject to any other conditions.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The Ministry of the Environment, through the National Ozone Programme, is the body responsible for granting an inward clearance licence for any of the substances listed in Articles 1 and 2 of the Regulations on Reducing the Consumption of Substances that Deplete the Ozone Layer.
Subject to analysis of the product in relation to the Montreal Protocol and subject to prior payment by the importer, as stipulated by the Ministry of the Environment and Natural Resources, by the importer, by way of contribution to the cost of eliminating the substance in accordance with the following table:
What is the amount of the fee or charge?
The Ministry of the Environment and Natural Resources, following analysis of the product in relation to the Montreal Protocol, shall determine the payment required by way of contribution to the cost of eliminating the substances in accordance with the following table:
- 4 per cent of the total CIF/FOB price in 1999
- 8 per cent of the total CIF/FOB price in 2000
- 12 per cent of the total CIF/FOB price in 2001
And so on successively, with a 4 per cent increase each year, as a means of discouraging use at the domestic level and facilitating the gradual introduction of substitutes (Decree No. 356 99, Article 3).
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 issue of an import licence. The licence is issued immediately upon payment of the total cost.
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 main reason for refusing authorization to import refrigerants is that no quota is available or that the quota available to the importing firm has been used up, or where the substance the firm seeks to import is not registered with the relevant office or there is inadequate technical information to permit identification and classification of the substance.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
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?
Available quotas or amounts for refrigerant imports are valid only for the current year. It is not possible to carry over quota amounts from previous years or make advance use of quantities for future years; this is because the Dominican Republic, as a member of the Montreal Protocol, is required each year to communicate its statistics on consumption of these substances, and the country's consumption is measured on the basis of imports, which may not exceed the annual limits permitted under the provisions of the Montreal Protocol.
What documents are required upon actual importation?
At the time of import, the form attached hereto, on the last page, must be submitted to the Directorate of Customs.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Imports are subject to environmental inspection and verification requirements in the port.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The date of the licence corresponds exactly to the date of arrival of the goods at the port; it is valid for 30 days from the date of issue.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalties are available or applied for non use of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licences are not transferable under any circumstances.
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?
Information on the limited quantities to be imported per CFC refrigerant per annum was published in an appendix to the General Regulations on the Use of Substances that Deplete the Ozone Layer.
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 quantity or volume of CFC refrigerant must be calculated on the basis of the quantity fixed as the baseline for the country, which is the product of the average quantities reported as consumed in the period 1995 1999, frozen from the year 2002 until 2010. These quantities must show a gradual decrease, the percentage of which will vary according to each country's individual undertakings under the Montreal Protocol.
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)
As regards products or refrigerants, the quotas are allocated for each type of refrigerant; in the case of the Dominican Republic, only control of reduction and elimination of three types of CFC substances (R 12, R 502, R 11) is recorded; quotas are allocated as an average per type of refrigerant and the import authorizations are allocated for each importation applied for by registered firms and for a limited time, so that they are valid only for each individual importation and lose their validity after a certain time.
Any firm which has not imported the products within this period of validity must make a new application for authorization.
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?
Quotas and quantities are annual; they terminate on the last day of the last month of the year and give entitlement from the first day of the first month of the year; surplus quantities which have not been applied for within the period of validity may not be carried over to the following year. Applications are made according to the needs or the procurement programme drawn up by each firm, and according to the quantities coming within the limits which the country is permitted to import each year.
What are the minimum and maximum lengths of time for processing applications?
From the first day of January to the second half of December each year.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Not applicable, as authorizations are given within the period corresponding to each importation period, in this case within the current year.
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 for importing refrigerants are processed only by the Ozone Programme under the Ministry of the Environment and Natural Resources (SEMARENA), which is responsible for applying the Montreal Protocol at national level.
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?
The total quantities which the country is permitted to import each year are administered by the Ozone Programme, which at the same time controls the registration system for importers and distributors of these substances at national level. The amounts (percentages) of CFC refrigerant making up the import total are allocated by the project office to each firm in proportion to the average imports reported and registered in previous years, and are granted as and when applications are received; where a quota is available for a firm which does not intend to use it, it may be distributed among other registered importers for their use.
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 Dominican Republic envisages a corresponding measure within the existing legal framework for the importation of ozone depleting substances.
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?
Import permits and authorizations are granted under the procedures laid down in the current Regulations on the Use of Ozone Depleting Substances.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
In addition to the three CFCs referred to earlier and included in the annual CFC quotas, this system of authorizations comprises all refrigerants in general, the quantities of which are not, however, restricted. The only imports authorized on condition that they are not marketed inside the country are those granted to transnational or domestic firms operating under the Temporary Import Rules, and solely for the firm's use; such authorizations are granted only for non CFC substances.