Basic information
Outline of the system
Pursuant to Law No. 36 on Trade in and the Carrying and Possession of Weapons, Law No. 262 on Explosives and Other Similar Chemicals, and their implementing regulations, the Dominican Republic maintains a licensing and permit system to control the importation of and trade in firearms, ammunition, explosives and chemicals. The Ministry of the Armed Forces, through a specialized department, is responsible for administering controls on imports of such products.
Product coverage
Automatic licences are issued to armouries and to firms authorized to import explosives and chemicals
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 aim of the import licensing system is to prevent licences from being issued to persons who, by status or category, are legally prohibited from possessing or marketing firearms.
Questions for products under restriction as to the quantity or value of imports
Consult the websites of the Ministry of Foreign Affairs of the Dominican Republic, www.serex.gov.do; the Ministry of the Interior and Police, www.seip.gob.do; and the Ministry of the Armed Forces, www.fuerzasarmadas.mil.do.
The system applies to products originating from which country?
To all countries which manufacture these articles, except those which are not permitted by legislation to export or market such products
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
- Laws Nos. 138 and 36 on Trade in and the Carrying and Possession of Weapons;
- Law No. 262 on Explosives and Chemicals;
- Law No. 873, Organic Law of the Armed Forces.
The import licence application procedure is mandatory for weapons and explosives. Current legislation stipulates which items are subject to the import licensing regime.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The designation of the products to be imported is established by law.
Is it possible for the government to abolish the system without legislative approval?
Pursuant to Article 55.8 of the Constitution of the Dominican Republic, Law No. 138 amending Law No. 36 (Article 3), and Law No. 262 on Explosives, the Executive Branch has the authority 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?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions authorized under the corresponding legislation.
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
The Arms and Explosives Division of the Ministry of the Armed Forces (SEFA)
Documentation requirements
What information is required in applications?
Applications must include the following information:
(a) Applicant's names and family names, civil status, nationality, operating certificate, identity and electoral cards, registered office and domicile;
(b) quantity, make and other characteristics of the explosives;
(c) intended use of the explosives and place where they will be stored and used; and,
(d) description of commercial activity.
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?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Import licences for explosives are issued within a maximum of thirty (30) days.
Issuing the license
Can a licence be granted immediately on request?
Export licences are issued to armouries within a maximum period of five (5) days of receipt of the application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Import licences are issued on the basis of consumer needs on a first-come first-served basis under the conditions set out in the administrative provisions.
Which administrative body is responsible for approving application of licences?
The Ministry of the Armed Forces examines the applications and then forwards them to the Ministry of Foreign Affairs for visa and other international procedures and to the Directorate of National Strategic Intelligence of the Armed Forces for security and control procedures.
Must the applications be passed on to other organs for visa, note or approval?
There is no difficulty as regards issuing import licences since there are a number of firms in the Dominican Republic which import small calibre weapons and ammunition and several others which import explosives. The Ministry of the Armed Forces examines, controls and monitors such imports and the Ministry of the Interior and Police, through the Directorate of National Strategic Intelligence, monitors the operations and trade of these firms.
Are there any other conditions attached to the issue of a licence?
(a) The issue of a licence is not subject to any other conditions; the licence itself sets forth the terms and conditions for importation of the quotas.
(b) The issue of a licence is not subject to any other conditions.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The administrative charges for importation are governed by Customs regulations alone.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
The applicant must pay the internal tax related administrative charges in order to be able to use the licence; no further payments are required by the Ministry of Defence to grant, monitor or refuse authorization.
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?
There are no additional procedures.
Are the reasons for any refusal given to applicants?
Reasons for refusal are notified to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
There is no right of appeal against a decision to refuse 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?
What documents are required upon actual importation?
The following documents are required upon actual importation:
(a) Approved import licence application;
(b) certificate of origin; and,
(c) pro forma invoice.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other procedural requirements prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The import licence is valid for one year. It can be renewed upon request on the date of expiry; the firm requests due authorization for each order or quota.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty is imposed for non utilization of a licence; there is, however, a renewal obligation.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licences are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Authorized firms pay the exporting company for the imports using online banking, in accordance with international banking regulations and local legislation.