WORLD TRADE  
ORGANIZATION  G/LIC/N/3/ECU/3 
12 October 2009 
 (09-4965) 
Committee on Import Licensing Original:   Spanish 
  
 
REPLIES TO THE QUESTIONNAIRE ON 
IMPORT LICENSING PROCEDURES
1 
 
Notification under Article 7.3 of the Agreement  
on Import Licensing Procedures  
 
ECUADOR 
   The following communication, dated 8 October 2009, is being circulated at the request of the 
delegation of Ecuador. 
 
_______________ 
 
 
I. PLANT HEALTH LAW 
Outline of systems
 
1. Plants, plant products and regulated articles a ppearing in Annex I of Resolution 465 of the 
Foreign Trade and Investment Council (COMEXI) require a Phytosanitary Import Permit (PFI), 
which contains the phytosanitary requirements to  be met by the exporting country prior to the 
shipment of such products. 
Purposes and coverage of licensing  
2. Under Articles 4 and 5 of the Plant Health Law and its Regulations, natu ral or legal persons 
wishing to import plants (live plants and part s thereof, including seeds and germplasm), plant 
products (manufactured and non-manufactured produc ts of plant origin, including grains) and 
regulated articles (any plant, plant product, storag e place, packaging, conveyance, container, soil and 
any other organism, object or material capable of ha rbouring or spreading pests) appearing in Annex I 
of COMEXI Resolution 465, available at http://www.comexi.gov.ec/resoluciones2008.shtml , must 
first obtain a PFI. 
 The procedure for obtaining phytosanitary impor t permits for products of plant origin is 
automatic, provided the phytosanitary requirement s can be found in Annex 1 of AGROCALIDAD 
Resolution 011, published in Official Register 118 of 22 April 2009, and in the updates published on 
the website (http://www.agrocalidad.g ov.ec).  Where there are no phytosanitary requirements for a 
product from a new origin, the user is informed that  a Pest Risk Analysis (PRA) must be performed 
prior to importation.  3. The system of phytosanitary import permits app lies to all plants, plant products and regulated 
articles from all countries. 
                                                     
 
1 See G/LIC/3, Annex for the questionnaire. G/LIC/N/3/ECU/3 
Page 2  
 
  4. The PFI requirement does not restrict the quantity or value of imports, but rather, it protects 
the country against the introduction and/or spread of quarantine pests. 
5. The PFI is governed by the Plant Health La w and its Regulations.  The administrative 
procedure is based on Resolutions 011 and 014, published in the Official Register and on the 
AGROCALIDAD website (www.agrocalidad.gov.ec). 
 Designation of products that require a PFI is  not left to the discretion of AGROCALIDAD. 
  The national government, through COMEXI, may determine or modify the list of products 
requiring a PFI prior to the submission of the technical report.  Procedures
 
6. AGROCALIDAD does not apply restrictions as to quantity or value of imports of plants, 
plant products and regulated articles from other countries. 
7. (a) The PFI must be obtained prior to the shipment of the product.  Applications are submitted to 
the appropriate office at the Ministry of Agricu lture, Livestock, Aquaculture and Fisheries of 
Ecuador, and must be addressed to AGROCALID AD, the agency responsible for conducting 
the technical analysis of the product to be im ported and for issuing the PFI or rejecting the 
product within a maximum limit of ten working days. 
(b) A PFI cannot be granted earlier than mentioned in the previous paragraph. 
(c) There are no limitations as to the period of the year during which an application for a PFI may 
be made. 
(d) No, all of the import applications for produc ts of plant origin are sent to AGROCALIDAD 
through the Ministry of Agriculture, Li vestock, Aquaculture and Fisheries. 
8. The PFI may be refused if the plants, plant products and regulated articles present, or could 
present, a risk of introducing and/or spreading pests in  the territory of Ecuador.  It can also be refused 
if the product to be imported does not meet phytosanitary requirements established through a PRA. 
 The importer is informed of the refusal, and as st ated in the Plant Health Law, its Regulations, 
and Resolution 003 (Guidelines for Conducti ng a PRA), there is no appeal procedure. 
Eligibility of importers to apply for licence  
9. (a) Not applicable. 
(b) Before importing any plants, plant products or regulated articles, the natural or legal person in 
question must register as an importer with AGROCALIDAD, as stipulated in Resolution 054, 
published in Official Register 470 of 19 November  2008.  There is a fee for the registration of 
importers of plants, plant products and regulated articles whic h is established in 
Resolution 054.  The official list of import ers registered with AGROCALIDAD can be found 
on the website:  www.agrocalidad.gov.ec. 
  G/LIC/N/3/ECU/3 
 Page 3 
 
 
  Documentational and other require ments for application for licence  
10. The application for a PFI must be submitted in writing, signed and dated by the applicant, and 
must contain the following information: 
 (a) Name and address of the importer; 
 (b) Description of the product to be imported; 
 (c) Quantity of the product to be imported; 
 (d) Name and address of exporter;  (e) Country of origin of the product to be imported;  (f) Name of the port of entry and exit of the product to be imported; 
 (g) Means of transport of the product; 
 (h) Use to be made of the product. 
  The above must be accompanied by:  a copy of the order form, a copy of the pro forma invoice, a copy of the customs document, and proof of payment to AGROCALIDAD of the officially established fees (see paragraph 12). 
 
11. Upon importation, the following documentation is required:  the PFI, the importer registration 
certificate issued by the AGROCAL IDAD, the phytosanitary export certificate issued by the national 
phytosanitary protection organization of the country of origin, a certificate of origin for the product, and a certificate of treatment of the product wher e necessary.  These documents are examined during 
the phytosanitary inspection which takes place upon entry of the product into the country. 
12. The charges for importation are based on the AGROCALIDAD schedule of fees 
(Resolution 001), published in Official Register 331 of 10 May 2004. 
13. The issue of a PFI is not subject to any deposit or advance payment.  However, as stipulated 
in the AGROCALIDAD schedule of fees (Resolution 00 1), full payment in advance is required to 
obtain a PFI. 
Conditions of licensing
 
14. PFIs are valid for a period of three months (90 days), as stipulated in CAN Resolution 240 
and AGROCALIDAD Resolutions 011 and 014.  They are valid for only one shipment, and in case of 
expiry, the importer may ask, 48 hours in advance, for an extension of 30 days.  If the PFI is not utilized during the stipulated time, the importer must apply for a new one. 
15. There is no penalty for total or partial non-utilization of a PFI. 
16. PFIs are not transferable between importers. 
17. The issue of the licence is not subject to any other conditions. 
Other procedural requirements
 
18. AGROCALIDAD does not require any administrative procedures other than those set forth in 
Resolutions 011 and 014. 
19. Not applicable. G/LIC/N/3/ECU/3 
Page 4  
 
  II. NARCOTIC DRUGS, PSYCHOTROPIC SUBS TANCES, THEIR PRECURSORS AND 
SPECIFIC CHEMICALS (CONTROLLED SUBSTANCES) 
Outline of systems
 
1. The importation into Ecuador of narcotic drugs , psychotropic substances, precursors, specific 
chemicals and medicines containing such substances  (hereinafter "controlled substances") appearing 
in Annex 1 of COMEXI Resolution 450 is subject to an import licence prior to shipment under the 
Codified Law on Narcotic Drugs and Psychotropic  Substances and the re levant United Nations 
conventions. 
Purposes and coverage of licensing  
2. Persons wishing to import controlled substa nces (morphine, fentanyl, benzodiazepine, 
hydrochloric acid, sodium hydroxide) and medicine s containing them listed in the annexes to the 
Codified Law on Narcotic Drugs and Psychotropi c Substances and in COMEXI Resolution 450, 
regulated by the National Council for the Control of Narcotic Drugs and Psychotropic Substances 
(CONSEP), must be registered with the said agency and must obtain import authorization on a case-by-case basis.  Resolution 450 can be found at http://www.comexi.gov.ec/resoluciones2008.shtml
. 
3. The system applies to all controlled substan ces, whatever country they may come from. 
4. The purpose of this system is to reduce the di version of controlled substances to a minimum 
and ensure the availability of narcotic drugs and psychotropic substances for medical use. 
 The import licensing process restricts the quantity of controlled substances imported on the 
basis of annual quotas assigned to each registered na tural or legal person, also taking account of the 
estimates for narcotic drugs and psychotropic substa nces established by the International Narcotics 
Control Board (INCB). 
 5. Codified Law on Narcotic Drugs and Psychotr opic Substances, its Implementing Regulations, 
Law and Regulations Governing Controlled Substa nces and Medicines Containing such Substances, 
and United Nations agreements to which Ecuador is a party (indica tion of a website or publication 
where the legislation in question can be consu lted is suggested, although it is not mandatory.) 
 Import licensing is a statutory requirement for all natural and legal persons importing 
controlled substances.   The executive branch does not have the power to abolish the system – that power lies with the 
legislative branch. 
 
Procedures
 
6.I The INCB's confirmed annual estimates of re quirements of narcotic drugs and psychotropic 
substances are published on CONSEP's website  (www.consep.gov.ec) and the annual quotas 
assigned by CONSEP to registered importers are known to each of the entities concerned. 
 
II. The size of the quotas is determined on the basis of the INCB's estimates and historical 
consumption recorded by each entity in CONSEP's system of monthly reports. 
 III. Authorizations to import controlled substan ces and medicines containing such substances are 
allotted exclusively to importers registered with CONSEP who have an annual quota for the 
substance to be imported.  These authorizations  are required for each shipment of imports:   G/LIC/N/3/ECU/3 
 Page 5 
 
 
  the importer must file an application through the Interactive Foreign Trade System (SICE) 
which will direct it physically to CONSEP.  The arrival of the goods must be notified 72 
hours in advance for inspection purposes. 
 IV. Although quotas are allocated annually, appli cations for licences can be filed at any time 
during the year, depending on each entity's quota availability. 
 V. Import licences are issued within 15 working da ys after the application has been entered into 
the SICE. 
 
VI. Import licences granted by CONSEP authorize immediate importation. 
 VII. All applications for the importation of cont rolled substances and medicines containing such 
substances are examined by CONSEP. 
 
VIII. Import applications are examined in the order in which they are received by CONSEP. 
 IX. Under Ecuadorian law and the United Nations Conventions of 1 961 and 1971, narcotic drugs, 
psychotropic substances and medicines contai ning such substances also require export 
licences issued by the co mpetent authorities in the exporting country. 
 
X. Not applicable. 
 XI. Not applicable.  7. Not applicable. 
8. Applications for a licence are refused when  the annual quota granted to each entity by 
CONSEP is exceeded:  the interested party is inform ed of this circumstance and may apply for a quota 
extension.  The importer must have available quota shares for the requested shipment.  Importers that 
require a greater annual volume must negotiate th e expansion of the quota, providing technical 
justification for their request. 
Eligibility of importers to apply for licence
 
9. All natural or legal persons registered with C ONSEP as importers are eligible to apply for an 
import permit subject to a fee calculated on the basi s of the f.o.b. value according to the following 
table: 
f.o.b. value Fee in US$ 
0 – 3,000 30 
3,001 – 5,000 45 
5,001 – 10,000 70 
10,001 – 50,000 150 
50,001 – 100,000 220 
Más de 100,001 280 
 
Documentation and other requireme nts for application for licence  
10. The SICE licence application must contain the following information: 
 (a) Tariff subheading; 
 (b) quantity to be imported:  unit, weight and f.o.b. value; G/LIC/N/3/ECU/3 
Page 6  
 
   (c) country of origin; 
 (d) port-country of shipment;  (e) port-country of destination;  (f) name of the supplier/exporter;  (g) name of the shipper; 
 (h) transport route; 
 (i) name or business name of the importer;  (j) importer's single tax payer identification number (RUC).  11. The importer must submit a written application accompanied by the SICE import licence 
application, the order form, a copy of the C ONSEP payment invoice and, in the case of narcotic 
drugs, psychotropic substances, precursors and/or me dicines containing such substances, a copy of the 
health registration. 
12. A fee is paid for registration, annual renewal,  and for each import application on the basis of 
the f.o.b. price. 
13. No. 
Conditions of licensing
 
14. 180 days.  Extension is not possible. 
15. No, but the importer is required to notify the non-utilization. 
16. No. 
17. (a) No. 
(b) No. 
 
Other procedural requirements  
18. No. 
19. No. 
__________