Basic information
Outline of the system
Licences are required to import the materials subject to quarantine listed in Decree-Law No. 153 (regulated items).
Licences are granted to companies, unions and other State organizations, State bodies and agencies, budgeted entities, joint ventures, and commercial corporations legally established in national territory, and to national or foreign natural or legal persons expressly authorized by law to engage in international trade in goods and registered in the National Register of Exporters and Importers of the Chamber of Commerce of Cuba. This procedure is in conformity with the International Plant Protection Convention (IPPC) under the FAO.
Product coverage
Import licences are granted for materials subject to quarantine (regulated items) that do not represent a danger to Cuban agriculture, in particular those intended for sowing, and fresh fruits and vegetables originating in areas free of fruit flies. This includes materials relating to those materials subject to quarantine (regulated items), for any use.
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 not intended to restrict the quantity of imports, rather to prevent the introduction of pests.
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 subject to quarantine (regulated items) from any country in the world.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Decree-Law No. 153, Articles 3(2), 18(a), 25 and 30; and Ministry of Agriculture Resolution No. 435 of 1994. Phytosanitary import licensing is mandatory and the legislation establishes which products are subject to these procedures.
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?
Parliamentary approval would be required to abolish the current system.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Importers must be registered in the National Register for Exporters and Importers of the Chamber of Commerce of the Republic of Cuba.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Directorate of Plant Health, Ministry of Agriculture (MINAG)
Address
Telephone
(+53)7879-4805/7878-4976
Fax
Contact officer
Director: Gilberto Hilario Díaz López
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The importer must complete the application form included in Annex III.
Anexo III - Formulario de solicitud de permiso fitosanitario.pdfWhat 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?
Article 8 of Resolution No. 435/94 provides that import licences must be requested 60 days prior to shipment of the goods from their country of origin.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applications for licences may be made during any period of the year. The period during which importation is authorized, however, is specified on the licence granted.
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
The approval or rejection of the application is notified within 30 days of the date on which it was submitted, although this period may vary under certain circumstances. If goods arrive in the country without a permit or a licence, Decree No. 169/1992 on infringements will be applied.
Which administrative body is responsible for approving application of licences?
Pursuant to Decree-Law No. 190/99 on biological safety for exotic plants, the interested party must first present the licence granted by the National Centre for Biological Safety (CSB), the Centre for Environmental Management and Inspection, or the Institute of Ecology and Systematics, to the National Centre for Plant Health (CNSV).
Must the applications be passed on to other organs for visa, note or approval?
Pursuant to Decree-Law No. 190/99 on biological safety for exotic plants, the interested party must first present the licence granted by the National Centre for Biological Safety (CSB), the Centre for Environmental Management and Inspection, or the Institute of Ecology and Systematics, to the National Centre for Plant Health (CNSV).
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?
All licences granted must be paid for.
What is the amount of the fee or charge?
The fee is determined beforehand in the services contract between the importer and the CNSV in accordance with the rate established in Ministry of Agriculture Resolution No. 2669/2005.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment requirement is associated with the issuing 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?
Licence applications may be refused if a pest risk analysis shows that the product to be imported represents a danger to the country.
Are the reasons for any refusal given to applicants?
The interested party is notified of this and informed of the technical considerations relating to 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?
Applications for licences may be made during any period of the year. The period during which importation is authorized, however, is specified on the licence granted.
What documents are required upon actual importation?
The importer or its representative must be in possession of an import licence and the certificates specified therein.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Other procedural requirements
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A licence is valid for up to one year. Validity may be extended by following the same procedure as for the previous application. It speeds formalities up to provide the number of the previous phytosanitary licence.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, licences 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.