Replies
to Questionnaire on Import Licensing Procedures[1]
Notification under Article
7.3 of the Agreement on Import Licensing Procedures (2024)
Cabo Verde
The following communication, dated
22 June 2024, is being circulated at the request of the delegation of
Cabo Verde.
_______________
Outline of system
1. Pursuant
to Article 3 of Decree‑Law No. 68/2005 of 31 October, the import
regime in Cabo Verde is composed of three systems: (1) imports exempt from
licensing; (2) imports subject to automatic licensing; and (3) imports subject
to non‑automatic licensing. As a general rule, products are subject to
automatic licensing.
Currently, all import licences are
requested via the online Foreign Trade Permit (TCE) system (the electronic
import licence management platform).
Registration with the
National Directorate of Industry, Trade and Energy (DNICE) of the Ministry of
Industry, Trade and Energy, or its regional delegations, is the only
requirement for access to the electronic platform (TCE‑online). Once
registered, importers or their representatives can apply for an import licence
directly from their place of business or via a number of websites. The system
is also connected directly to chambers of commerce, customs brokers and
commercial banks (for payment-related issues).
Purposes and coverage of licensing
2. Pursuant
to Chapter II of Decree‑Law No. 68/2005 of 31 October, products are
subject to the following import regimes (see table below):
|
Licensing
system
|
Product
coverage
|
Article of the
Decree‑Law
|
|
Exempt from licensing
|
(a) Non‑commercial
goods, as defined in the ordinance of the government member responsible for
the area of foreign trade;
(b) Products
for inward and outward processing, temporary admission, re‑export and re‑import
in transit;
(c) Goods
subject to special customs procedures such as duty‑free stores, bonded
warehouses, duty‑free warehouses and special customs warehouses.
|
Article 4
|
|
|
(d) Goods
destined for consumption in developed areas used for international
conferences, fairs, exhibitions and similar events;
(e) Imports
of goods destined for supplying ships and aircraft, in accordance with the
applicable legislation;
(f) Goods
that have been seized, abandoned, found at sea or recovered, appropriated and
sold at auction;
(g) Goods imported
without any foreign currency expenditure, owned by the aircraft operators or
shipping companies and for the exclusive use thereof.
|
|
|
Automatic licensing
|
All goods are
subject to automatic approval, except those defined in paragraph 2
(Article 5.2)
|
Article 5.1
|
|
Non‑automatic
licensing
|
(a) Goods
subject to phytosanitary and sanitary controls;
(b) Goods placed
under conditions to be defined by legislation.
|
Article 5.2
|
3. Licensing applies to goods of all
origins, without distinction.
4. Licensing is not
intended to restrict either the quantity or the value of imports. The purpose
of the import regime is to check in advance that importers meet all the legal
requirements to import.
5. The import licensing
system is maintained under Chapter II of Decree‑Law No. 68/2005 of
31 October 2005 on the Legal Regime for Foreign Trade, and is
administered in accordance with Ordinance No. 3/2004 of
26 January 2004 establishing the Foreign Trade Permit (TCE).
Procedures
6.
Cabo Verde does not apply quantitative restrictions.
7.(a) The process for applying for a licence can
be initiated as soon as the documents that are to accompany the goods are ready.
(b) Provided the requirements specified in the legislation are
met, authorization can be granted immediately. The time frames are consistent
with Articles 2 and 3 of the Agreement on Import Licensing Procedures.
(c) Applications for import licences can be made and goods
imported at any time of the year.
(d) All import licence applications are considered by the DNICE or
its regional delegations. Since the launch of TCE‑online, importers or their
representatives enter the relevant information into the TCE‑online platform.
This information is then sent to and examined by the DNICE or its regional
delegations. In cases where specific documentation is required, in accordance
with current legislation, the documents in question must be attached to the TCE
application.
8. Licence applications may be refused if they do not fulfil the
requirements of the applicable legislation.
Eligibility
of importers to apply for licence
9. Importers must hold a
valid importer's licence (administrative authorization) issued by the Chamber
of Commerce.
Documentational
and other requirements for application for licence
10. Applicants are required
to complete the TCE form.
11. For imports of products subject to non‑automatic licensing,
depending on the type of product, a document is required in accordance with the
sectoral legislation. For imports of goods subject to automatic licensing, only
the commercial invoice is required. For products exempted from import
licensing, importers only need to present the procedure-related documents to
the customs service.
12. There is no licensing fee or administrative charge. Once
registered, importers may apply for licences via TCE‑online directly from their
place of business or via organizations registered for that purpose.
13. There is no deposit or advanced payment associated with the issue
of import licences.
Conditions
of licensing
14. A licence is valid for a period of six months and can be
extended if necessary (for example, when payment has not been made within the
valid period).
15. No penalty is imposed
for the non‑utilization of a licence or portion of a licence.
16. Issued licenses are not transferable.
17. Any economic operator wishing to carry out a commercial
activity, including foreign trade, must first obtain administrative
authorization from the Chamber of Commerce (wholesale trade; import/export and
commercial agents) or the Municipal Chamber (retail trade). The conditions for
obtaining administrative authorization are laid down in Decree‑Law No. 69/2005
governing the trade regime. Foreign nationals are not prohibited from engaging
in any commercial activity, but must present a foreign resident's card.
Other
procedural requirements
18. Imports are not subject
to any other administrative procedures.
19. There are no hindrances to obtaining foreign exchange from the
banking authorities for goods to be imported. Legislative Decree No. 3/2018
of 22 June regulates the legal regime for foreign economic and financial
operations and foreign exchange operations in the national territory. https://www.bcv.cv/pt/O%20Banco/Sectores/Documents/2018/LeiCambial_bo_22‑06‑2018_42_un1.pdf.
__________
[1]See document _G/LIC/3, Annex, for questionnaire.