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Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/431/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
3.41.
The authorities note that the import licensing system is applied for monitoring, security, health, and environmental purposes, as well as protection of public morals, and that there are no quantitative restrictions. Licences are considered on a case‑by‑case basis. Import authorization for applications must be granted in advance of importation. Licences are processed within one to two working days (down from three to five working days in 2015), but can be granted within a shorter time‑limit. Applications for goods that arrive owing to inadvertency may be facilitated depending on the particular circumstance. A licence can be granted immediately on request depending on the circumstance and/or the type of good. There are no periodic limits with regard to the time of year during which an import licence application may be submitted for authorization or a good may be imported. The authorities state that the legislation does not generally leave the designation of products subject to automatic licensing to administrative discretion. Non-automatic licences are subjected to administrative discretion.
3.49.
For the importation of jet skis or wave runners, licences are only granted for replacements, as their overall number is capped. A letter of application and a certificate of registration or a permit for operating the jet ski or wave runner must be provided.
3.48.
Commercial importers of meat and animal products must pay an annual fee of BBD 500. Non‑commercial importers of animals and animal products must pay a fee of BBD 25 per consignment (BBD 5 for beneficial insects).
3.47.
Special requirements apply for the importation of certain products. The importation of dairy products and meat and meat products requires approval of the source country by the Veterinary Services department; this stamp must be affixed to the import licence verifying that the source is an approved one. For the importation of fireworks, handcuffs, chemshield, mace, and similar products, a letter from the Defence and Security Division of the Prime Minister's Office granting approval to import must be provided. The importation of used or reconditioned vehicles by dealers is also subject to specific rules. To be granted a licence, vehicles must be right-hand drive, not more than four years old, with less than 50,000 km, structurally and mechanically sound, and in generally good condition.[68] Additionally, a guarantee for at least six months or 6,000 km must accompany each imported vehicle. The vehicle must also be accompanied by a certificate of roadworthiness from an authorized agent in the country of origin and it must be fitted with new tyres.
3.46.
Since 2019, import licence applications and related documentation have been submitted and processed through the ASYCUDA World customs portal. There is no licensing fee or administrative charge, nor is there any deposit or advanced payment associated with the issuance of the import licence. Licences are not required as a condition to obtain foreign exchange for goods to be imported.
3.45.
Under the Miscellaneous Controls (Importation and Exportation of Goods) (Prohibition) (Radioactive Materials) Regulations, 2004 (LRO 2005 C12), a licence is required to import radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds, as well as mixtures and residues containing these products. Import licences are also imposed under SPS-related legislation (see below).
3.44.
Import licences are valid for a period of up to three months, and can be extended without the issuance of a new licence. There are no penalties for the non-utilization of an import licence. Import licences are not transferable between importers. There are no administrative charges levied and no additional documentary requirements.
3.43.
An application for an import licence is normally granted if it meets ordinary criteria. In the event of refusal to issue a licence, the applicant will be informed of the reasons for the refusal. Applicants have the right to appeal to the Director of the Department of Commerce and Consumer Affairs, the Permanent Secretary, or the Minister. Applicants are also entitled to request the Barbados Chamber of Commerce and Industry and/or the Barbados Manufacturers Association to mediate on their behalf; they may also seek redress in Civil Court. No licences have been refused since 2015.
3.42.
In some cases, and depending on the type of imported good, the consideration of import licence applications is effected by a number of administrative bodies. Applications for meat and meat products must be reviewed by the Veterinary Services of the Ministry of Agriculture and Food and Nutritional Security before issuance by the Ministry of Energy and Business Development.
3.40.
The authorities stated that the different application of automatic licensing to CARICOM and non‑CARICOM countries reflects different monitoring requirements. Licences are non‑automatic for imports where concerns relate to health and safety, public morals and security, namely: fireworks; chemshield; mace; handcuffs (of plastic or metal); ratchet and spring-loaded knives; radioactive materials; and jet skis and wave runners. For other products subject to licensing, licences are automatic.
3.39.
The import licensing regime is governed by the Miscellaneous Controls Act, Cap. 329, of 1985, the Miscellaneous Controls (General Open Import Licence) Regulations of 2014, and the Miscellaneous Controls (Importation and Exportation of Goods) (Prohibition) (Radioactive Materials) Regulations, 2004. The Miscellaneous Controls (General Open Import Licence) Regulations of 2014 contains two schedules listing goods for which licences must be obtained: the First Schedule applies to imports originating outside CARICOM countries, and the Third Schedule applies to goods originating within CARICOM (Table 3.6). The authorities indicate that a revised list is under elaboration, with 11‑digit product codes. Legislative approval is required in order to remove products from, or to add products to, these schedules; the list has been reduced several times during the period under review: no new products have been added and several products have been removed, including a number of oils (e.g. olive oil and palm and colza oils), pasta, biscuits, nuts, doors and frames, paper, bars and rods, accumulators, powdered laundry detergent, dishwashing liquids, and liquid bleaches.
3.38.
The list of prohibited and restricted items is included in the First Schedule to the Customs (List of Prohibited and Restricted Imports and Exports) Order, 2009. Import prohibitions apply to counterfeit coins, food unfit for human consumption, indecent or obscene articles, infected cattle, prepared opium, fictitious stamps, toy guns, fresh fruits and vegetables not accompanied by a phytosanitary certificate, ozone-depleting substances (HS Ex 29.03), and goods banned by any other law of Barbados.
B. Exportación prohibiciones y restricciones
3.59.
Barbados applies various export prohibitions and restrictions, which are included in the List of Prohibited and Restricted Exports of the Customs Act, as amended by the Customs (List of Prohibited and Restricted Imports and Exports) Order, 2009 (Statutory Instrument (S.I.) 2009 No. 127) and the Customs (List of Prohibited and Restricted Imports and Exports) (Amendment) Order, 2010 (S.I. 2010 No. 114).
3.64.
Other products requiring an export licence include black coral, tortoiseshell (S.I. 2004 No. 2); and radioactive chemical elements (S.I. 2004 No. 158). These restrictions are generally maintained for the implementation of international agreements. Export licences are obtained from the Director of Commerce in the Ministry of Industry, Innovation, Science and Technology. These licences are not automatic and apply irrespective of destination.
3.63.
In practice, the following items are restricted for public morals and safety reasons, and hence their exportation requires a licence: fireworks (HS Ex 36.04); chemshield (Ex 38.23); "mace" and similar products (Ex 38.23); handcuffs of plastic (Ex 39.26); handcuffs of iron or steel (Ex 73.26); ratchet knives, spring‑loaded knives; flick knives (Ex 82.11); and jet skis/wave runners (Ex 89.03).
3.62.
All animals and animal products must be accompanied by a health certificate when exported. Furthermore, goods listed in the Third Schedule of the Miscellaneous Controls Act, 1985 could, in principle, be subject to export licences. The goods listed include tortoiseshell, sugar cane plants, various vegetables, rice, flour, peanuts, pasta, Portland cement, crude and other than crude petroleum oils, soap, sewing machines, certain furniture, and coin‑operated betting machines. However, the exportation of most of these products is not restricted and the number of products subject to export restrictions is in practice more limited, mostly for public morals and safety reasons.
3.61.
Goods listed in part II of the Second Schedule are restricted exports; they include other ozone-depleting substances under HS heading Ex 29.03, as well as substances or chemicals under tariff heading Ex 38.24, mainly refrigerant blends capable of depleting the ozone layer.
3.60.
Prohibited goods are listed in part I of the Second Schedule of the Customs Act. They include substances or chemicals listed under HS heading Ex 29.03, namely halons and other ozone‑depleting substances.
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