Basic information
Outline of the system
Licence from the Ministry of the Environment and Renewable Natural Resources (MARNR). Through its ratification of the Montreal Protocol in 1987, Venezuela undertook to eliminate substances that are harmful to the ozone layer, such as chlorofluorocarbons and other substances that permit more ultraviolet rays to reach the earth, causing skin cancer and other health problems. The import licences issued by the Ministry of the Environment are intended to control importation of substances that deplete the ozone layer, in the terms established in the Montreal Protocol.
Product coverage
The system of import licensing for substances that deplete the ozone layer applies to a set of 57 tariff subheadings (see Products).
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
Import licences are intended to ensure the conservation, protection and maintenance of the ozone layer to benefit the quality of life.
Questions for products under restriction as to the quantity or value of imports
See Answers 6.1-6.11.
The system applies to products originating from which country?
Import licences are issued without discrimination as to the country of origin of the goods.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Obtaining an import licence is a statutory requirement.
The legal basis for the system is:
- Official Gazette No. 5039, extraordinary edition of 9 February 1996, publishing Decree 989 of 20 December 1995, the Customs Tariff.
- Official Gazette No. 31004 of 16 June 1976, publishing the Organic Law on the Environment.
- Official Gazette No. 34010 of 19 July 1988, publishing the Vienna Convention for the Protection of the Ozone Layer.
- Official Gazette No. 34134 of 11 January 1989, publishing the Montreal Protocol on Substances that Deplete the Ozone Layer.
- Official Gazette No. 5293, extraordinary edition of 13 August 1999, publishing Decree 3220 “Standards for Reducing the Consumption of Substances that Deplete the Ozone Layer”.
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?
The executive branch is empowered to abolish the system without legislative approval but may not designate products subjected to licensing requirements.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
No.
What persons or firms are eligible to apply for a licence?
Only firms included in the Register of Importers of Ozone-Depleting Substances may apply for licences, as established in Article 4 of Decree 3220.
Is there a registration fee?
Is there a published list of authorized importers?
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?
Applications to import ozone-depleting substances require information about the applicant, information about the import, such as the tariff code and product identification, and the name of the company that will process the goods (see Annex 3).
Annex 3.pdfWhat documents is the importer required to supply with the application?
In addition, the importer is required to present copies of forms A, B and C that certify the amount imported, the date of the most recent licence and a letter of consent from the competent authority in the country of consignment, as established in the Montreal Protocol or, failing that, an export licence issued by that authority.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
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?
There is no fee or administrative charge for issuing licences.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required for issuing import 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?
Are the reasons for any refusal given to applicants?
In the event a licence is refused, the importer is notified of the reasons for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative Procedures.
If so, to what bodies and under what procedures?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative Procedures.
Importation
Are there any limitations as to the period of year during which importation may be made?
Not applicable.
What documents are required upon actual importation?
The importer is required to present the import licence for ozone-depleting substances at the time the imports are made.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licences are only valid for the semiannual period stipulated for the imports and are not renewable.
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?
Licences are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
In Venezuela, the currency is freely convertible. There are no restrictions on access to foreign exchange.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
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?
Decree 3220 on Standards for Reducing the Consumption of Substances that Deplete the Ozone Layer published in Official Gazette No. 5293, extraordinary edition of 13 August 1999, establishes the maximum amounts (expressed in kilograms) that may be imported until 2010 for each ozone-depleting substance used as raw material. The amounts are based on average imports of each substance between 1995 and 1997. The decree also establishes the formalities for applying for import licences. Determination of the permissible aggregate amount in kilograms for imports of ozone-depleting substances is independent of the country of origin of the goods. There are no exceptions to the licensing requirement.
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 aggregate volume was determined on the basis of imports made between 1995 and 1997. Imports between 1 January 1999 and 31 December 2004 may not exceed this value. On 1 January 2005, the amount will be reduced by 50 per cent, on 1 January 2007 it will be reduced by 80 per cent and on 1 January 2010 by 100 per cent. Licences are valid for six months, i.e. they expire on 30 June and 31 December each year.
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)
To ensure that the licences are used, interested parties are required to verify the volumes of restricted substances that have already been imported, which information will be used to determine the basis for the quota to be allocated for the next period. Unused allocations are added to the importer’s quota. Information on the administration of this system is presented through the mechanisms for assessment and examination of measures established in the Montreal Protocol.
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?
Applications for import licences should be presented prior to the end of each semiannual period.
What are the minimum and maximum lengths of time for processing applications?
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Once a licence has been issued, the importer may proceed with the imports, keeping in mind that the licence is valid for six months.
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?
Yes. The Directorate of Air Quality of the Ministry of the Environment and Renewable Natural Resources considers licence applications.
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?
Applications for import licences are considered after the deadline for submission expires and not upon receipt. Licences are allocated to companies registered prior to the entry into force of Decree 3220 that made imports between 1995 and 1997. Average imports are used as the basis for establishing the amounts allocated, with reductions in subsequent periods as indicated in the response to question 6. II.
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?
Not applicable.
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?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Not applicable.