Jamaica Member profile
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Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/457/Rev.1
A. Import prohibitions and restrictions and import licensing
3.36.
Banned products are listed in the Trade Act, 1955 (Article 8) and the Customs Act, 1941; however, import prohibitions are also stipulated under other acts (Box 3.1). Prohibitions, restrictions, or licences may be imposed to safeguard the health and safety of humans and animals, the environment, and national security, or to comply with international conventions. In addition, under the Customs Act, the Minister may impose absolute import (export) prohibitions or impose import (export) restrictions for a specific period of time from (to) a particular origin (Articles 37 and 39-42) (Box 3.1). The Minister is not allowed to impose any such measures for goods that are regulated by the following Acts: the Sugar Industry Control Act, the Agricultural Produce Act, the Agricultural Marketing Act, the Coconut Industry Control Act, the Coffee Industry Regulation Act, the Cocoa Industry Board Act, and the Banana Board Act. Source: Customs Act, 1941, as amended; JAC, Prohibited Items. Viewed at: https://www.jacustoms.gov.jm/service/prohibited-items; MAFM, Non-Commercial/Personal Imports of Animal, Animal Products and Animal Related Products through the Airport, Seaport and Courier Services. Viewed at: https://moa.gov.jm/content/non-commercialpersonal-imports-animal-animal-products-and-animal-related-products-through-1#:~:text=Proof%20of%20country%20of%20origin, time%20as%20disease%20situations%20change.&text=The%20importation%20of%20honey%20and%20by%2Dproducts%20thereof%20is%20strictly%20prohibited; and information provided by the authorities.
3.37.
The import licensing regime is regulated by the Trade Act, 1955 and the Customs Act, 1941. During the period under review, Jamaica's import licensing regime does not seem to have been modified[117], however, Jamaica periodically reviews the list of items requiring import licences/permits, to remove items where justifiable.[118] The system continues to apply to goods from all origins/trading partners and is not intended to restrict the quantity or value of imports; it is an administrative mechanism intended to monitor imports that that may have a negative impact on the environment, and on Jamaica's social or economic conditions. A licence may be revoked on grounds of public interest.[119]
3.38.
The list of products subject to licensing has not changed substantially since the last Review. It seems that the only changes relate to other plant parts for perfume and pharmaceutical purposes (e.g. cannabis and coca leaf (HS 1211.90.90); cannabis resin (HS 1301.90.90); sulphuric acid for chemical analysis (HS 2807.00.10); and vegetable saps and extracts (HS1302.10)) and gambling games (HS 9504.30.00), which do not require a licence issued by the Trade Board Limited/Jamaica Trade Board (TBL) anymore, but continue to require a drug permit from the Ministry of Health and Wellness, and an approval from the Betting, Gaming, and Lotteries Commission, respectively. Most products are subject to automatic import licences, except for those that require permits/certificates from different regulatory agencies. Most licences are issued by the TBL, which, in certain cases, is assisted by other line ministries or agencies.[120] Import licences are granted for a fee (Table 3.1).
3.39.
Jamaica only maintains quantitative restrictions on imports or exports to comply with its obligations under multilateral agreements; for instance, the Multilateral Environmental Agreements (Montreal Protocol) as they relate to the importation of chlorofluorocarbons (CFCs) ended.[121] In addition, no quantitative restrictions on imports or exports currently exist under the portfolio responsibilities of the TBL.[122]
B. Export prohibitions and restrictions
3.52.
Export prohibitions continue to be maintained for health and safety; national security; and moral, environmental, and cultural heritage considerations, or to comply with international conventions, such as CITES and the Montreal Protocol. The Trade Act, 1955 allows for the imposition of absolute export prohibition or of export requirements.[129] In addition, under the Customs Act, 1941, the Minister in charge of the portfolio may prohibit exports or impose restrictions for a specific period of time to a particular destination (Articles 37 and 39-42). The authority in charge of issuing export licences is in most cases the TBL, while export permits are issued by line ministries. However, the authorities note that there is no specific distinction between an export permit and an export licence; the term "export permit" is used to describe the approval document provided. Export licences are granted at a fee (Table 3.1 and Table A3. 3). During the period under review, some export licences were removed.
3.53.
Jamaica maintains an export quota for conch (HS 0508.00) under the Endangered Species (Protection, Conservation and Regulation of Trade) Act, as well as an export health certificate and an export licence to manage the allocation of the quota that is in place during the conch season as published in the Gazette (Conch (Export Levy) (Special Provision) Act of 2015, Section 3A).[130] Jamaica does not seem to maintain any other export quotas or quantitative restrictions.
3.54.
The exploitation of conch, especially Queen Conch, is regulated due to heavy poaching and IUU fisheries. During 2019 and 2020, exploitation was forbidden and in 2021 Jamaica "reopened and put in place strict no-harvesting zones, and a quota of 300 metric tonnes was established. Of which, 30 metric tonnes are for the local trade, and the rest (270 metric tonnes) were allocated to industrial queen conch fisheries for exports".[131] In the context of this Review, the authorities note that this is in keeping with sound fishery management principles. Trade data provided by the authorities indicate that, since 2018, Jamaica has not exported conch (HS 0508.00), and the value of conch exports in 2016 and 2017 was insignificant.
WTO's environmental database (EDB)
The EDB contains environment-related measures that may qualify as QRs and therefore should be notified under the QR Decision.