Basic information
Outline of the system
Parts or derivatives (specimens) are included, as specified under CITES.
Species: Any species, subspecies or geographically separate population.
Specimen: Any animal or plant, dead or living, and any readily recognizable part or derivative thereof.
Import permits for all species listed in the Annexes to Ministry of Science, Technology and the Environment (CITMA) Resolution No. 160/2011 "Regulations for the control and protection of species of special significance for biological diversity in the country".
Import permits or certificates for species included in the three Appendices to CITES.
The permits are granted to domestic or foreign natural persons and legal persons.
Product coverage
Products subject to non-automatic import licensing procedures for species of special significance are listed in Appendix 1.
Products subject to non-automatic import licensing procedures for endangered species of wild flora and fauna protected under CITES are listed in Appendix 2.
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
In this case, licensing is not intended to restrict the quantity of imports; its purpose is to ensure that trade does not threaten the survival of the regulated species. Its aim is to ensure that the fauna and flora are not subject to unsustainable exploitation through international trade.
Questions for products under restriction as to the quantity or value of imports
Not applicable
The system applies to products originating from which country?
The system applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Law No. 81/97 on the environment;
- Resolution No. 87/97 "Regulations for the fulfilment of the commitments undertaken by the Republic of Cuba under the Convention on International Trade in Endangered Species of Wild Fauna and Flora";
- Resolution No. 160/2011 "Regulations for the control and protection of species of special significance for biological diversity in the country".
Import licensing is mandatory; there is a list detailing all protected species of special significance and, for species protected under CITES, the Appendices approved by the Conference of the Parties to the Convention (which are updated every two to three years) are adopted under domestic legislation. The Appendices sometimes include entire groups, such as primates or cetaceans, and subspecies or geographically isolated populations of a species. With respect to plants, it is specified that parts or products of plants (seeds, timber, whole plants, oils, etc.) are subject to regulation.
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. It is an internationally accepted system that requires both parties (importer and exporter) to comply with an international instrument.
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
Office for Environmental Regulation and Safety (ORSA)
Address
Telephone
(+53) 72023281 and (+53) 72023255
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?
Interested parties must submit an original, signed application containing the following information:
- The particulars of the applicant;
- The reason for the application;
- The particulars of the recipient, where appropriate;
- Scientific or common name, or both where appropriate, of the animal or plant;
- Description of the part or derivative, where appropriate;
- Appraisal or certification proving the value of the specimen being traded;
- Identification number or marks, age and sex, where appropriate.
- For living or preserved specimens:
- Number of specimens;
- Proof that the specimen in question, as well as its parts or derivatives, were legally obtained;
- Place of origin, indicating whether it comes from the wild, has been reproduced in captivity or has been bred artificially;
- Date and place of the activity, including the port or airport to be used;
- Guarantees and conditions of transport;
- Any other relevant information.
A template application is included in Appendix 3.
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?
For species of special significance, applications for an environmental licence must be submitted to the relevant authority at least 30 working days prior to the date when the licence is intended to be used.
For the species listed in Appendix I of CITES, applications must also be submitted at least 30 working days prior to importation.
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 may be made.
Issuing the license
Can a licence be granted immediately on request?
Licences cannot be granted immediately.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
For the species listed in Appendix II of CITES, the licence or certificate can be issued after importation, upon presentation of the export licence issued by the regulatory authority of the country of origin.
For the species listed in Appendix III of CITES, the import licence can be issued after importation, provided that the export licence of the country of origin is presented.
The regulatory authority may establish simplified procedures for applying for and issuing the relevant permits for non-commercial exchanges, loans and donations of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material between scientific institutions or other institutions that have been authorized owing to their activities.
Which administrative body is responsible for approving application of licences?
ORSA is the only institution in the country authorized to review and assess applications (with the assistance of experts from legally appointed competent scientific bodies).
Must the applications be passed on to other organs for visa, note or approval?
The importer does not have to approach any other administrative body.
Are there any other conditions attached to the issue of a licence?
The issuing of a licence is subject to the conditions laid down in the legislation on biological safety.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
The fee for the import licence is laid down Resolution No. 58/2020 of the Director-General of ORSA
Is there any deposit or advance payment required associated with the issue of licences?
No.
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?
Applications for permits may be refused if the information therein is not approved.
Are the reasons for any refusal given to applicants?
The applicant must be notified of this decision in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants have the right to appeal
If so, to what bodies and under what procedures?
Applicants have the right to appeal a refusal before the Director-General of ORSA within 10 working days of the date of notification of the decision.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Depending on the nature of the case, the following documents may also be required:
- CITES permit issued by the country of origin/destination;
- Sworn declaration;
- Photos of the specimen;
- Copy of the commercial invoice.
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?
Authorization is valid for a period of six months. While the permit is valid, interested parties may request an extension for another six months or, if it has already expired, they may apply for a new licence.
In all cases, the request for an extension or a new licence must be duly substantiated with an explanation as to why the authorized activity did not take place within the prescribed period.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Penalties are imposed only if importation takes place without biological safety authorization or after the licence expiry date.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits 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