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Examen de politique commerciale
Dernier examen de politique commerciale (Rapport du Secrétariat de l'OMC): WT/TPR/S/363/Rev.1
A. Prohibitions et restrictions à l'importation et licences d'importation
3.35.
Imports of products that may affect human, animal or plant health need a sanitary or phytosanitary import permit identifying Bolivia's plant and animal health requirements for the import of plants, plant products, animals and their by‑products. The sanitary permit is verified when the goods arrive in the country and, if the goods satisfy the requirements prescribed in the permit, it is endorsed. An animal health or phytosanitary permit is issued before the goods are loaded and is required in order to issue the certificate. A certificate for plant or animal products and foods has to be obtained prior to customs clearance and must be valid at the time the customs declaration is submitted. Within a period not exceeding ten working days from the date of receiving the application, the National Agricultural Health and Food Safety Service (SENASAG) certifies that the goods being cleared at the Customs meet the phytosanitary and animal health requirements and are therefore not harmful to human or animal health or life, or prejudicial to the protection of plants and the environment, whichever applies. The products requiring certificates are live animals and plant products and chemicals (Chart 3.3). Some products (72 ten‑digit HS tariff lines), for example, food preparations, require both prior authorization and a certificate.
3.34.
For some products, when the requirement to obtain prior authorization was imposed, the tariff was also raised.[150] According to the authorities, such measures are used to monitor trade and restructure the domestic market.
3.33.
The prior authorization, issued by the competent national authority, must be valid at the time the goods enter Bolivian territory; if not, the goods will be confiscated. The procedure and criteria for obtaining prior authorization vary depending on the institution responsible for granting it (Table 3.6).[149]
3.32.
Other products require prior authorization before they can be imported.[144] Imports of goods of 719 ten‑digit HS tariff lines necessitated prior authorization in 2017 (Chart 3.3). Prior authorization, like an import prohibition, is customarily used to protect human and animal health or life, or to protect plants and conserve exhaustible natural resources, or to protect security.[145] According to the authorities, prior authorization is also used to monitor the volume of imports. In line with the Economic and Social Development Plan 2016-2020, however, prior authorization can also be used to protect industry.[146] The authorities have indicated that in practice this does not occur. Prior authorizations (or licences) may be automatic[147] or non‑automatic.[148]
3.31.
The import regime prescribes prohibitions on the import of goods which affect human and animal life or health, or are prejudicial to the protection of plants, morality, the environment, the security of the State and the nation's financial system (Article 85 of the General Customs Law). Currently (2017), prohibitions apply to 33 ten‑digit HS tariff lines. The following imports are prohibited: radioactive residues; halogenated derivatives of hydrocarbons; arms, ammunition and explosives; worn clothing and some types of vehicle and motor vehicle, those using liquefied gas and used motor vehicles over one year old (HS 87.03), motor vehicles over three years old for the transport of more than ten persons (HS 87.02) and special‑purpose motor vehicles over five years old (HS 87.05) (Table 3.5).[143] Source: WTO Secretariat.
B. Prohibitions et restrictions à l'exportation
3.72.
Export permits are also required for some types of liquid hydrocarbons (Table 3.10). The National Hydrocarbons Agency (ANH), after verifying the surpluses, grants the export permits. It may reject an export application if supplies are short or there is a risk of supply shortages on the domestic market, or for reasons of national security or because the application is not consistent with sectoral plans and policies. If there are shortages or the risk of shortages of liquid hydrocarbons on the domestic market, the ANH may suspend any export permit and notify the suspension to the State oil and gas company Yacimientos Petrolferos Fiscales Bolivianos (YPFB) and the ANB.[170] The Customs is responsible for detecting the exit of goods which do not meet export requirements; the Customs Administration then seizes the goods.
3.75.
Export permits and certificates also serve to regulate trade in products in accordance with provisions in the international treaties or conventions signed by Bolivia, for example: the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction; the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade; the Montreal Protocol on Ozone‑Depleting Substances; the Single Convention on Narcotic Drugs, 1961; and the Convention on Psychotropic Substances, including all the amendments introduced by the Commission on Narcotic Drugs.
3.74.
Exporters of minerals and metals must be registered with the National Registration and Control Service for the Marketing of Minerals and Metals (SENARECOM), a department of the MMM, which keeps a register. Moreover, the MMM provides that a single form for mineral exports (M-03) is required for the export of certain minerals and must be endorsed by SENARECOM (Table A3.4). A mining identification number (NIM) has to be obtained by exporters of minerals and metals before the export document can be processed and received.[172]
3.73.
Bolivia bans the export of some hydrocarbons such as: components needed to produce kerosene, jet fuel and diesel oil; and liquid hydrocarbons obtained by mixing oil of plant origin with diesel oil (biodiesel).[171]
3.63.
The State guarantees free export of goods in general, except for those that affect public health, security, protection of fauna and flora or the Nation's cultural, historical and archaeological heritage.[157] The Customs may seize any goods whose export is prohibited.
3.71.
An export licence is required to export sugar cane and its main products or by‑products, which is also issued by the MDPyEP (Table 3.9). Licences, like the CAIPJ, are only issued once it has been determined that surpluses remain after the domestic market has been supplied and, in the case of sugar, that the mandatory buffer stock, equivalent to two months of domestic consumption, has been built up. The Ministry issues the export licences.[169]
3.70.
Bolivia uses other instruments in addition to the CAIPJ to regulate the export of other products, for example, export licences and permits.
3.69.
During the review period, price bands were introduced for some products that are also subject to export restrictions, such as soya beans[166] and rice.[167] The domestic market price is set below the export price. Moreover, for some products such as soya by‑products, domestic prices have been set according to the requirements of domestic supply since 2011. The domestic price rises as sales to the domestic market increase, which could become a disincentive to exporting.[168]
3.68.
For products subject to quotas, these are allocated as the CAIPJs are issued. The CAIPJ indicates the volume that may be exported; once the quota has been filled or the exportable surplus has run out, no more CAIPJs are issued.
3.67.
The Customs requires the CAIPJ before authorizing the export of any product subject to a quota.[163] Export quotas vary depending on domestic needs. The export quota for yellow maize, sorghum and soya beans increases in line with surplus production. In some cases, once the quota has been eliminated, a CAIPJ is no longer required in order to export the product. For example, in 2016, with the aim of boosting exports of some types of bovine meat, fresh or chilled (HS 02.01) or frozen (HS 02.02), these products were temporarily exempted from the CAIPJ as a prior export requirement.[164] Likewise, in 2016, the CAIPJ for sorghum exports was also eliminated.[165]
3.66.
In 2008, the CAIPJ started to be used as a prior requirement for the export of basic food products that are sensitive in terms of the population's food security (Table 3.8).[161] The CAIPJ is necessary to verify whether there is an exportable surplus in the country. The MDPyEP issues the CAIPJ on the basis of the technical reports from the Ministry of Rural Development and Lands (MDRyT) verifying domestic supply at a fair price.[162] If there is a domestic supply shortfall, no CAIPJs are issued so as to restrict exports of the product. This occurred in 2012 for sunflower seed and its by‑products.
3.65.
As indicated, Article 318 of the Constitution provides that the State is to guarantee a sufficient supply of goods and services to adequately cover basic domestic needs and to strengthen export capacity. In order to meet this objective, the export of "food products sensitive in terms of food security" may be regulated after verifying whether there are sufficient supplies on the domestic market. Therefore, when it is deemed that domestic production of a particular product is not sufficient to meet domestic demand, export of the product may be prohibited or suspended temporarily[159], or quotas or other requirements prior to export may be imposed. After it has been verified that there are sufficient supplies for the domestic market at a fair price, the export restrictions may be suspended.[160] Consequently, export restrictions are constantly changing, according to the authorities in line with market needs (Table 3.7). The Government imposes or eliminates export prohibitions or quotas on the basis of the technical reports prepared by the various Ministries as applicable.
3.64.
For a period of ten years from 2009 the export of "bolivianite" has been banned, whether in its rough state, hammered, sawn and/or preformed. This gem stone can only be exported if it has been cut.[158]
Base de données sur l'environnement de l'OMC (BDE)
La BDE contient des mesures relatives à l'environnement qui peuvent être considérées comme des RQ et qui devraient donc être notifiées au titre de la Décision sur les restrictions quantitatives.
Voir les mesures relatives à l'environnement prise par le Membre