Venezuela, Bolivarian Republic of Member profile
No notifications submitted by Venezuela, Bolivarian Republic of
Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/108
A. Import prohibitions and restrictions and import licensing
58.
Venezuela prohibits certain imports in order to protect the life and health of people and animals, to preserve plant life, and to protect public morals, the environment or the countrys essential security interests. In this context, importation of a number of agricultural products from countries where certain pests and diseases are prevalent is also restricted or prohibited. Venezuela also bans the import of used vehicles or obsolete models for private use, along with worn clothing and second-hand tyres.[15]
59.
The ban on importing automobiles with used engines and chassis (except for public transport vehicles or taxis), is covered by Resolution 0001 of 2 January 1995, which has been in force since 4 January of that year, and was included in Complementary Note 1 of Chapter 87 of the Customs Tariff. The resolution states that the prohibition is intended to lay regulatory foundations for the functioning and development of the national automotive industry.
60.
Matches (NANDINA 3605.00.00) may not be imported, except from certain Andean Community countries, in which case which they are subject to Legal Regime 2 (imports defined as reserved for the national executive). The ban on importing retreaded or used tyres and worn clothing is covered by Decree 989 of 28 December 1995 and its amendments.[16] An exception is made in the case of tyres imported from Andean Community countries, subject to Legal Regime 2; this does not cover imports of apparel articles, for which the ban extends also to imports from other Andean Community countries.
61.
Products subject to import restriction require import licences. Currently, these take the form of permits or prior authorization for environmental, health and safety reasons, regardless of the country of origin (see Table III.2). Licences are granted by the Ministry responsible for the product in question. Table III.2 Prior import permits, 2002 Source: Information obtained from the Venezuelan authorities and the LAIA database, at http://www.aladi.org/NSFALADI/SITIO.NSF/INICIO.
62.
In order to control the importation of ozone-layer-depleting substances, the Ministry of the Environment and Natural Renewable Resources (MARNR) maintains an import permit regime applicable to a total of 57 tariff subheadings. The volume to be imported up to the end of 2004 was determined on the basis of average import levels between 1995 and 1997; this volume will be reduced by 50 per cent in 2005, 80 per cent in 2007 and 100 per cent in 2010. Permits are valid for six months. Only firms included in the registry of importers of ozone-layer-depleting substances can apply for these licences.
63.
Imports of certain foodstuffs, medicines and active ingredients, require a permit from the Ministry of Health and Social Development (MSDS), pursuant to Decree 989 of 28 December 1995 and subsequent amendments. This import regime covers a total of 301 tariff subheadings. Import permits are valid for four months. An MSDS permit is required to import narcotic substances, along with their by-products and salts, covering a total of 23 subheadings. A prior permit from the MPC is also required to import a number of chemical products that could be used as precursors for drug manufacture.
64.
In April 2002, Venezuela notified the WTO Committee on Import Licensing that it was introducing import licences for scrap material from the clothing industry (national subheadings 6310.10.00.10). The procedure for obtaining licences is set out in Joint Resolution 855 of the Ministry of Finance and 977 of the Ministry of Production and Trade, published in Official Gazette, Ordinary edition No. 37.376 of 31 January 2002. Licences are granted by the MPC within 21 working days from the date of application; they are valid for six months and are neither renewable nor transferable. They can only be used to import the authorized volume, which must arrive in a single shipment and pass through a single customs office. The measure is designed to ensure that imports of scrap material from the clothing industry, meeting specified characteristics, are used exclusively for the manufacture of yarn.[17]
65.
Apart from licences and permits, there are also registration requirements (see Table III.2). For example, importers of ozone-layer-depleting substances (except aerosols), and of wild fauna and flora, must be registered with the MARNR.
66.
In addition to the permits mentioned above, certain agricultural products subject to import quotas under the WTO Agreement on Agriculture require non-automatic import licences, for in-quota imports only. Venezuela notified the WTO of products subject to import licences through documents G/LIC/N/2/VEN/1 of 7 March 2000, G/LIC/N/2/VEN/2 of 27 February 2001, and G/LIC/N/2/VEN/3 of 12 March 2002. The restrictions maintained by Venezuela for health, safety and other reasons were also notified through document G/LIC/N/3/VEN/1 of 27 May 2002. Some members of the Committee on Import Licensing have noted that the communications submitted by Venezuela thus far relate exclusively to tariff quotas negotiated on agriculture and livestock products during the Uruguay Round, and that the licensing requirements maintained by Venezuela for health, safety and other purposes have not been notified.[18]
67.
Until late 2001, the Directorate General for Agricultural Marketing of the MPC was responsible for granting non-automatic import licences on products subject to tariff quotas; but this function has now been transferred to the Ministry of Agriculture and Land (MAT).[19] The current licensing system has been in place since November 1999.[20] Import licences are valid for three months, and can only be renewed if, on expiry, they have not been used for reasons outside the importers control. The authorities have pointed out that the regime has been administered in a flexible manner, with licences being extended to guarantee supply to the domestic market and fulfilment of Venezuelas minimum access commitments in the WTO. Applications for licences must be made within 21 working days from the date when the government issues an official public notice inviting them to apply for them.
68.
Licences are granted to established importers with a record of two years previous imports, and also to new importers. The tariff subheading, beneficiary and quota volume are specified in each case. Established importers receive 90 per cent of the tariff quota, with the remaining 10 per cent being reserved for new importers. When applying for a licence, established importers have to submit to the MAT a monthly list of imports actually realized, indicating volume and value, together with the invoice on the most recent import, also indicating the volume and value of the merchandise in question. The importer must indicate the amount of the allocated quota that remains unused, which is then reincorporated into the quota to be reassigned. There are no restrictions in terms of minimum or maximum import volumes for the award of licences. Information on the allocation of licences can be found on the MPC website.[21]
B. Export prohibitions and restrictions
134.
Prior authorization and verification of the destination are required for exports of products listed in the Montreal Protocol on Substances that Deplete the Ozone Layer, in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
135.
In May 2000, as a member of the Association of Coffee-Producing Countries (ACPC), Venezuela agreed, under an ACPC retention plan, to withhold from the market 20 per cent by volume of its coffee exports from October of the same year for a minimum period of two years in order to engineer a rise in the price.[48] In October 2001, the ACPC abandoned the plan as prices had not responded in the way it had expected.[49] The authorities point out that this is not of major significance as far as Venezuela is concerned since it has only a very small share of the international coffee market.
136.
As Venezuela is a member of OPEC, its oil production is determined by the Government. This applies to production for both the domestic market and the international market. The authorities point out that the aim of this policy is to preserve a non-renewable natural resource and stabilize a market notable for its volatility.
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.