Basic information
Outline of the system
At present, Paraguay has import licences administered by the Under Secretariat for Trade in the Ministry of Industry and Trade (MIC); by the National Food and Nutrition Institute (INAN), the National Health Monitoring Directorate (DINAVISA) and the Central Laboratory of the Ministry of Public Health and Social Welfare; the National Plant and Seed Quality and Health Service (SENAVE); the National Animal Quality and Health Service (SENACSA); and the Environment Secretariat (SEAM). They may be of two kinds: automatic and non automatic. The former, as the name implies, are those that are granted subject to the sole requirement of completion of the necessary applications.
These automatic import licences are approved in all cases in which they comply with the legal requirements and are consistent with the provisions of Article 2 of the Agreement on Import Licensing Procedures of the World Trade Organization (WTO).
Product coverage
SILISAO applies to the following equipment and/or products: air conditioning systems of all kinds; air conditioning systems for vehicles (external); domestic refrigerators; freezers; refrigerated equipment for preserving and displaying products; heat pumps; cooling units for refrigeration; polyols; polyurethanes; and condensers, evaporators and compressors that use refrigerants.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Import quota allocation
Products under restriction as to the quantity or value of imports
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
In the case of SEAM for all the countries that have ratified the Vienna Convention, the Montreal Convention and amendments, and the Basel Convention.
Expected duration of licensing procedure
Up to ten (10) working days.
Legal requirements
Is the licensing statutorily required?
Decree No.3980/99 enacting the regulation on substances that deplete the ozone layer and the use of alternative technologies; Law No.294/93 on environmental impact assessment; SEAM Resolution No.581/2010 establishing procedures for issuing prior import licences for substances that deplete the ozone; Law No.61/92 approving and ratifying the Vienna Convention for the Protection of the Ozone Layer; SEAM Resolution No.854/2010 establishing measures for controlling the equipment and/or products that contain and/or use substances that deplete the ozone layer and/or alternative substances; SEAM Resolution No.906/2010 establishing the issuing of electronic authorizations for the importation of substances that deplete the ozone layer, and products and/or equipment that contain or use such substances, through the Single Window for Imports (VUI) procedural management system; Law No.2.889/06 approving the amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer; Law No.2.333/04 approving the Stockholm Convention on Persistent Organic Pollutants; Decree No.12.685/08 Regulations on Substances that Deplete the Ozone Layer and the Use of Alternative Technologies; Law No.1.507/99 approving the Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer adopted in Copenhagen and Canada.
Yes, licensing is mandatory for a specified universe of goods.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation stipulates that the designation of the products to be subjected to licensing is left to the discretion of the relevant administration.
Is it possible for the government to abolish the system without legislative approval?
The executive branch does not need to obtain legislative approval in order to abolish these licensing systems. Except in those cases in which the licences are established by international agreements or national laws.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
All persons and enterprises are entitled to register. Yes, they are eligible, provided they are enrolled in the corresponding register.
What persons or firms are eligible to apply for a licence?
All importers are eligible to apply for licences, the only requirement being that they be enrolled as such in the register of importers of the National Customs Directorate and in the registers of importers of the respective organs previously mentioned.
Is there a registration fee?
Yes, there is a registration fee.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Secretaría del Ambiente, SEAM (Environment Secretariat)
Address
Madame Lynch N° 3500
Telephone
+595 21 615-803/6
Fax
+595 21 615-803/6
Contact officer
Mr Gustavo Rodríguez; Ms Daniela Cardozo
Submission of an application
Administrative body(ies) for submission of an application
Secretaría del Ambiente, SEAM (Environment Secretariat)
Dirección General de Control de la Calidad Ambiental (Directorate-General for Environmental Quality Control)
Documentation requirements
What information is required in applications?
The information required in import licence applications is indicated on the respective application forms. (See annexes to the resolutions in force.)
What documents is the importer required to supply with the application?
In the case of substances (ODS and alternative refrigerants): bill of lading, commercial invoice and MSDS of the substance to be imported.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Licence applications can be submitted on any working day preceding the date of import clearance.
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 licence applications can be made.
Issuing the license
Can a licence be granted immediately on request?
If, for various reasons, the product has not arrived within the time stipulated and an application has been submitted, then yes an extension can be granted, provided a request is made.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
If all the requirements for granting a licence are met, a licence may be issued within a shorter time-limit.
Which administrative body is responsible for approving application of licences?
The administrative organs are those mentioned in the previous replies.
Must the applications be passed on to other organs for visa, note or approval?
Products generally require approval and registration by more than one administrative organ.
Are there any other conditions attached to the issue of a licence?
There are no conditions other than those mentioned attached to the issue of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
What is the amount of the fee or charge?
In all cases the amounts are periodically updated.
Is there any deposit or advance payment required associated with the issue of licences?
The issuing of an import licence is not associated with the lodging of any deposit or advance payment.
Amount or rate?
The issuing of an import licence is not associated with the lodging of any deposit or advance payment.
Is it refundable?
The issuing of an import licence is not associated with the lodging of any deposit or advance payment.
What is the period of retention?
The issuing of an import licence is not associated with the lodging of any deposit or advance payment.
What is the purpose of this requirement?
The issuing of an import licence is not associated with the lodging of any deposit or advance payment.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
There are no reasons for refusal other than those that derive from failure to comply with the requirements and in all cases the interested party is notified so that the errors observed can be rectified.
In the case of ODS, a licence application may be refused if the information provided by the importer does not correspond with the results of analyses carried out on samples of the goods.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
In all cases of refusal, administrative proceedings may be intiated.
If so, to what bodies and under what procedures?
Where a licence is denied by the SEAM, an application for reconsideration may be made to that organ.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Each law or regulation specifies the necessary documents. In all cases, in addition to the import licence or authorization, the documents needed for import clearance are required.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no requirements other than those mentioned above.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
For ODS, the import licence is valid for four months; Environmental Safety Certificate: 20 days and Sodium Tripolyphosphate Free Certificate: 30 days.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Once an import licence has been issued, there is no penalty for total or partial non utilization.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are non transferable and only issued to the holders themselves or authorized persons or agents duly accredited as such.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The foreign exchange market is free.
Is a licence required as a condition to obtaining foreign exchange?
The foreign exchange market is free.
Is foreign exchange always available to cover licences issued?
The foreign exchange market is free.
What formalities must be fulfilled for obtaining the foreign exchange?
The foreign exchange market is free.
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?
The allocation of quotas and the overall amount are established in the regulations, they are determined in accordance with the relative participation of each importer, a margin being left for new importers and in special cases for emergency situations.
In the case of SEAM, information concerning the allocation of quotas and on the formalities for submitting licence applications is published on the SEAM web page where ODS are concerned. The amount of the overall import quota, the quantity for allocation, the quantity assigned to importers who may not have obtained an individual quota, the quantity reserved for exceptional cases, the importers to whom individual quotas have been assigned and the corresponding amounts are also published.
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 quotas for substances controlled by the Vienna Convention and the Montreal Protocol are determined on a yearly basis.
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)
Licences are allotted to all the importers enrolled with the National Customs Directorate and in the respective registers of the Ministry of Industry and Trade, the Ministry of Public Health and Social Welfare (DINAVISA) and the Environment Secretariat (SEAM).
Certificates are issued for presentation together with the rest of the documentation required at the time of clearance of the goods.
Quotas cannot be accumulated. The information is available at the request of the interested parties.
Moreover, in the case of ODS the names of importers to whom licences have been allocated on the basis of IPIC (Informal Prior Informed Consent) can be made known to other governments.
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 are submitted for each import operation. Licences are allocated to anyone interested in importing goods mentioned in the reply in paragraph 2 of this document. Quantities allocated but not used are not added to quotas for a succeeding period.
What are the minimum and maximum lengths of time for processing applications?
Automatic and non automatic licences are issued within the time limits stipulated in the Agreement.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
For ODS, the import licence is valid for four months; Environmental Safety Certificate: 20 days and Sodium Tripolyphosphate Free Certificate: 30 days. In the case of CITES the period of validity is six months for importation, exportation and re exportation.
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?
The administrative organs are those mentioned in the previous replies. Products generally require approval and registration by more than one administrative organ.
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 criterion of chronological order of submission of the applications is used for processing all import licences. There are no limits on the quantity of licences per importer, except insofar as the products are subject to an overall quota or forecast.
In the case of SEAM, the overall import quota for ODS is distributed as follows:
- Eighty per cent for allocation in individual quotas;
- ten per cent to meet the needs of importers who may not have obtained an individual import quota; and
- ten per cent for exceptional cases.
To determine the amounts of the individual quotas corresponding to each of the interested parties who have applied, SEAM will take into account the amount requested and the average of the imports, with respect to the ODS for which a quota is requested, effected by each applicant in the three calendar years prior to submission of the application.
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. See item IV above. For controlled products an exporting country export permit is required.
In the case of SEAM, import licences are always required, irrespective of whether the country of origin issues export permits. The licences are not issued automatically.
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?
This mechanism is not used in the procedures for processing the licences previously mentioned.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.