RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/25 
16 May 2007 
 
 (07-2015) 
Working Party on the 
Accession of Cape Verde Original:   English 
 
 
 
ACCESSION OF CAPE VERDE 
 
Questionnaire on Import Licensing Procedures  
 
 
 The following submission, dated 11 May 2007, is  being circulated at the request of the 
Delegation of the Republic of Cape Verde.   
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 WT/ACC/CPV/25 
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  I. OUTLINE OF SYSTEMS 
1. Give a brief description of each licensing sy stem as a whole and, with respect to each, 
reply to the following questions as relevant, placing all of the material with respect to a 
given system in sequence together, and using cross references as appropriate when elements which have already been descri bed are also present in another system. 
Answer:
 
Decree-Law No. 68/2005, of 31 October 2005, whic h describes Cape Verde's Licensing Regime, was 
revised to bring it in conformity with the WTO "Agreement on Procedures on the Matter of 
Importation Licensing".  
The revised legislation takes the following operations in consideration: 
- Imports that are subject to automatic licensing;  
- Imports subject to non-automatic licensing; and 
- Imports that are totally exempt from licensing. 
According to Decree-Law No. 68/2005, all importe d goods are subject to automatic licensing except 
goods that require sanitary/phytosanitary control, or  security control (handguns, explosives and the 
like), or mandatory restrictions, required by law.  These goods are subject to a non-automatic licence 
regime. 
The automatic licensing becomes effective upon presen tation of a Customs Declaration to Customs. 
The importation request for the goods subject to non-automatic licence re quire a certificate of 
compliance issued by the sanitary/p hytosanitary authorities or security control authorities, or other 
applicable competent authorities, depending on the nature of the goods in question. 
The non-automatic licence takes effect within a maximum of 21 days, counting from the date the 
Customs Declaration is presented to the comp etent authorities. In unusual and exceptional 
circumstances (such as military arms or security reasons) it may be impossible to grant a non-automatic licence within the 21 days period. In those limited situations, the 21 days period is 
suspended. 
Under the revised regime, the following ar e exempt from any kind of licensing: 
- Importation of goods without comme rcial value, under the terms that will be defined in 
ordinance of the government member responsible for the area of foreign trade; 
- Active and passive improvement operations, of temporary importation, re-importation in the 
state, re-exportation and transit; 
- Importations of goods subject to the special cu stoms regimes in the modalities of franc stores, 
bonded warehouses, franc deposit and special customs storage; 
- Industrialized goods, destined for consum ption in the area of congresses, fairs and 
international expositions and assimilated events; 
- Importation of goods destined for the provisionmen t of ships and aircrafts, under the terms of 
the applicable legislation;  
- Goods apprehended, abandoned, found at sea or stranded by it or salvaged from shipwreck 
and sold at auction; 
- Importation of goods without expenditure of currency, property of air and maritime 
navigation companies and destined for their exclusive use; and  WT/ACC/CPV/25 
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  - Export operations in Cape Verde are exempt fro m licensing, under the terms of Article 9 of 
law No. 92/IV/93, of 15 December 1993. 
II. PURPOSES AND COVERAGE OF LICENSING 
1. Identify each licensing system maintain ed and state what products, appropriately 
grouped, are covered. 
Answer:  
There are three licensing systems in Cape Verde: - For Imports subject to automatic licence; 
- For imports subject to non-automatic licence; and 
- For Imports exempt from licensing. 
The goods exempt from licensing consist of: 
- Goods without commercial value,  under the terms that will be defined in ordinance of the 
government member responsible for the area of foreign trade; 
- Goods involved in active and passive improve ment operations, of temporary importation, 
re-importation in the state, re-exportation and transit; 
- Goods subject to the special customs regimes in the modalities of franc stores, bonded 
warehouses, franc deposit and special customs storage; 
- Industrialized goods, destined for consum ption in the area of congresses, fairs and 
international expositions and assimilated events; 
- Goods destined for the provisionment of ships a nd aircrafts, under the terms of the applicable 
legislation; 
- Goods apprehended, abandoned, found at sea or stranded by it or salvaged from shipwreck 
and sold at auction; 
- Goods that do not require expenditure of curre ncy, property of air and maritime navigation 
companies and destined for their exclusive use; and 
- All other goods are subject to automatic licensing, except goods subject to sanitary, 
phytosanitary and security control and goods subject  to mandatory restrictions defined by law, 
which are subject to a non-automatic licence. 
2. The system applies to goods originat ing in and coming from which countries? 
Answer:
 
The systems applies equally to all goods, regardless of the country or countries where they originate. 
3. Is the licensing intended to restrict the quantit y or value of imports, and if not, what are 
its purposes?  Have alternative methods of accomplishing the purposes been considered 
and if so which?  Why have they not been adopted? 
Answer:  
The licensing system does not restrict the quantity or  value of imports.  However, the non-automatic 
licence protects human, animal and plant health, the eco-system, and safeguards the national security.  
4. Cite the law, regulation and/or admini strative order under which the licensing is 
maintained.  Is the licensing statutorily required?  Does the legislation leave designation WT/ACC/CPV/25 
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  of products to be subjected to licensing to administrative discretion?  Is it possible for 
the government (or the executive branch) to  abolish the system without legislative 
approval? 
Answer:
 
The previous licensing legislation, Decree-Law No. 51/2003 of 24 November 2003 was replaced by 
Decree-Law No. 68/2005 of 31 October 2005.  The new legislation is in conformity with the WTO 
Agreement on Import Licensing Procedures.  The new legislation requires that a non-automatic 
licence be issued to goods subject to mandatory rest rictions defined by law.  The licensing system can 
only be altered by law. 
III. PROCEDURES 
1. For products under restriction as to the quantity or value of imports (whether 
applicable globally or to a limited number of countries or whether established bilaterally or unilaterally): 
(a) Is information published, and where, concernin g allocation of quotas and formalities of 
filing applications for licences?  If not, ho w is it brought to the attention of possible 
importers?  Of governments and export pr omotion bodies of exporting countries and 
their trade representatives?  Is the overall am ount published?  The amount allocated to 
goods from each country?  The maximum amount  allocated to each importer?  How to 
request any exceptions or derogations  from the licensing requirement? 
Answer:
 
The Cape Verde licensing system is not intended to no r does it restrict the quantity or value of imports 
but is to ensure human, animal and plant health , protect the eco-system, safeguard the national 
security.  All issues pertaining to the licensing regime are published in the applicable Cape Verde legislation. 
(b) How is the size of the quotas determined:  on a yearly, six-monthly or quarterly basis?  
Are there cases where the size of quota is dete rmined on a yearly basis but licences are 
issued for imports on a six-monthly or quarterly basis?  In the latter case, is it necessary 
for importers to apply for fresh licence on a six-monthly or quarterly basis? 
Answer:
 
The Cape Verde licensing system imposes no quotas, and it is not intended to restrict the quantity or 
value of imports.  The law does not fix a validity period for sanitary/phytosanitary non-automatic licenses. Licenses for this category are issued fo r each importation and are valid for the period 
requested by the importer.  This licence category cannot  be extended.  In the case of arms or security 
products licenses are issued for 90 days and excepti onally they can be extended for an additional 
60 days. Non-automatic licenses are issued only by request of the importer, after verification that the importer meets the established legal requisites. Im port and export operations  are unencumbered for 
the importers and exporters, credentialed as such under the terms of the law.  
(c) Are licences allotted for certain goods part ly or only to domestic producers of like 
goods?  What steps are taken to ensure that  licences allocated are actually used for 
imports?  Are unused allocations added to  quotas for a succeeding period?  Are the 
names of importers to whom licences have been allocated made known to governments  WT/ACC/CPV/25 
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  and export promotion bodies of exporting countries upon request?  If not, for what 
reason?  (Indicate products to which replies relate.) 
Answer:  
The Cape Verde licensing system imposes no quotas, a nd it is not intended to, nor does it restrict the 
quantity or value of imports, and the import and export operations are unencumbered.   
(d) From the time of announcing the opening of quotas, as indicated in I above, what is the 
period of time allowed for the subm ission of applications for licences? 
Answer:  
The Cape Verde licensing system imposes no quotas. 
(e) What are the minimum and maximum leng ths of time for processing applications? 
Answer:  
The Cape Verde licensing system imposes no quotas hence no applications are required. 
(f) How much time remains, at a minimum, betw een the granting of licences and the date of 
opening of the period of importation? 
Answer:  
Under the Cape Verde licensing system, import a nd export operations are unencumbered.  The 
importer is free to initiate import and export operations at its discretion. 
(g) Is consideration of licence applications effected by a single administrative organ?  Or 
must the application be passed on to other organs for visa, note or approval?  If so, which?  Does the importer have to approach more than one administrative organ?  
Answer:
 
No.  Import licenses are automatic save fo r the exceptional cases referred to above. 
(h) If the demand for licences cannot be fully sati sfied, on what basis is the allocation to 
applicants made?  First come, first served?  Past performance?  Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined?  What 
provision is made for new importers?  Are a pplications examined simultaneously or on 
receipt? 
Answer:
 
Import licenses are automatic save for th e exceptional cases referred to above. 
(i) In the case of bilateral quotas or export  restraint arrangements where export permits 
are issued by exporting countries, are import  licences also required?  If so, are licences 
issued automatically? 
Answer:  
The Cape Verde licensing system forese es no quotas or restraint arrangements. WT/ACC/CPV/25 
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  (j) In cases where imports are allowed on the ba sis of export permits only, how is the 
importing country informed of the effect given by the exporting countries to the understanding between the two countries? 
Answer:
 
The provisions indicated in this number do not apply in Cape Verde.  Cape Verde's import and export 
operations are completely liberalized. 
(k) Are there products for which licences are issued on condition that goods should be 
exported and not sold in the domestic market? 
Answer:  
Cape Verde's legislation does not require any kind  of licensing for export operations and does not 
foresee any situation, regardless of the type of products.  
2. Where there is no quantitative limit on im portation of a product or on imports from a 
particular country: 
(a) How far in advance of importation must a pplication for a licence be made?  Can licences 
be obtained within a shorter time limit or for goods arriving at the port without a 
licence (for example, owing to inadvertency)? 
Answer:  
It depends on the type of products being imported.  If the product is subject to the automatic licence 
regime, the licence is issued automatically.  If the product is subject to a non-automatic licence 
regime, the law requires that the licence be issued within a maximum of 21 days.  
(b) Can a licence be granted immediately on request? 
Answer:  
Yes, if the product is not subject to a non-automatic licence. 
(c) Are there any limitations as to the period  of the year during which application for 
licence and/or importation may be made?  If so, explain. 
Answer:  
There is no limitation. 
(d) Is consideration of licence applications effected by a single administrative organ?  Or 
must the application be passed on to other organs for visa, note or approval?  If so, which?  Does the importer have to approach more than one administrative organ? 
Answer:
 
Import licenses are automatic except for th e exceptional cases referred to above. 
3. Under what circumstances may an application for a licence be refused other than failure 
to meet the ordinary criteria?  Are the reasons  for any refusal given to the applicant?   WT/ACC/CPV/25 
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  Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to 
what bodies and under what procedures? 
Answer:  
Cape Verde's law does not foresee any circumstances under which applicants may be denied a licence. 
Denials of non-automatic licenses may be appealed  juridically in conformity with the law. 
IV. ELIGIBILITY OF IMPORTS TO APPLY FOR LICENCE 1. Are all persons, firms and institutions eligible to apply for licences:  (a) under restrictive licensing systems?  (b) under non-restrictive systems?  If not, is there a system of registration of persons or firms permitted to engage in 
importation?  What persons or firms are e ligible?  Is there a registration fee?  Is there a 
published list of authorized importers? 
Answer:
 
 (a) Yes.   (b) No. VI. DOCUMENTATION AND OTHER REQUIREMENTS FOR APPLICATION FOR 
LICENCE 
1. What information is required in applicatio ns?  Submit a sample form.  What documents 
is the importer required to supply with the application? 
Answer:
 
No information or form is required for automatic licenses. 2. What documents are required upon actual importation? 
Answer:
 
Invoices, bill of lading, certificate of origin and certificate of quality. 
3. Is there any licensing fee or administrative charge?  If so, what is the amount of the fee 
or charge? 
Answer:  
No.  
4. Is there any deposit or advance payment requirement associated with the issue of 
licences?  If so, state the amount or rate, wh ether it is refundable, the period of retention 
and the purpose of the requirement. WT/ACC/CPV/25 
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  Answer:
 
No. 
VII. CONDITIONS OF LICENSING 
1. What is the period of validity of a licence?  Can the validity of a licence be extended?  
How? 
Answer:  
There is no period of validity for automatic license s.  The law does not fix a validity period for non-
automatic licenses such as sanita ry/phytosanitary.  Licenses for th is category are issued for each 
importation and are valid for the period requested by the importer.  This licence category cannot be 
extended. In the case of arms or security products  licenses are issued for 90 days and exceptionally 
they can be extended for an additional 60 days. No n-automatic licenses are issu ed only by request of 
the importer, after verification that the importer me ets the established legal requisites.  Import and 
export operations are unencumbered for the importe rs and exporters, credentialed as such under the 
terms of the law.  
2. Is there any penalty for the non-utilizatio n of a licence or a portion of a licence? 
Answer:  
No.  
3. Are licences transferable between importers?  If so, are any limitations or conditions 
attached to such transfer? 
Answer:  
No.  4. Are any other conditions attached to the issue of a licence:  (a) for products subject to quantitative restriction?  (b) for products not subject to quantitative restriction? 
Answer:
 
 (a) No. 
 (b) No. 
VIII. OTHER PROCEDURAL REQUIREMENTS 
1. Are there any other administrative procedu res, apart from import licensing and similar 
administrative procedures, required prior to importation? 
Answer:  
No.   WT/ACC/CPV/25 
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  2. Is foreign exchange automatically provided by the banking authorities for goods to be 
imported?  Is a licence required as a condition to obtaining foreign exchange?  Is foreign 
exchange always available to cover licences i ssued?  What formalities must be fulfilled 
for obtaining the foreign exchange? 
Answer:  
No, the importer must authorize the banking authori ties to transfer the money in payment of Customs 
duties. 
No, a licence is not a condition to obtain foreign exchange. No, but in exceptional cases the Central Bank may have  restrictions on foreign exchange balance of 
payments. 
The importer must present his/her commercial documents including the Customs declaration and 
authorize the bank to make payment.  
 
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