WORLD TRADE  
ORGANIZATION  G/LIC/N/3/CPV/1 
30 October 2009 
 (09-5399) 
Committee on Import Licensing Original:   English 
  
 
  
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
1 
 
Notification under Arti cle 7.3 of the Agreement on Impo rt Licensing Procedures for 2008  
 
CAPE VERDE 
 
  The following communication, dated 26 October 2009, is being circulated at the request of the delegation from Cape Verde.  
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Outline of system
 
 
1. Decree-Law 68/2005, of 31 October 2005, wh ich 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; and 
- Imports subject to non-automatic licensing - Imports that are totally exempt from licensing;    According to Decree-Law 68/2005, all imported goods are subject to automatic licensing except goods that require sanitary/phytosanitary cont rol, or security control (handguns, explosives and 
the like), or mandatory restrictions, required by law.  These goods are subject to a non-automatic 
license regime.   The automatic licensing becomes effective upo n presentation of a Customs Declaration to 
Customs. 
 
 The importation request for the goods subject to  non-automatic license require 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 license takes effect within  a maximum of 21 days, counting from the date 
the Customs Declaration is presented to the competent authorities. In unusual and exceptional 
circumstances (such as military arms or security reasons) it may be impossible to grant a non-automatic license within the 21 days period. In  those limited situations, the 21 days period is 
suspended.  
                                                     
 
1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/CPV/1 
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   Under the revised regime, the following ar e exempt from any kind of licensing: 
 - Importation of goods without co mmercial value, under the term s 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, reimportation in the 
state, reexportation 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 destin ed for their exclusive use. 
 
 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.  
Purposes and Coverage of Licensing
 
 
2. There are three licensing systems in Cape Verde:  - For imports subject to automatic license; - For imports subject to non-automatic license; 
- For imports exempt from licensing. 
 
 The goods exempt from licensing consist of : 
 (a) Goods without commercial valu e, under the terms that will be defined in ordinance of the 
government member responsible for the area of foreign trade. 
 
(b) Goods involved in active and passive impr ovement operations, of temporary importation, 
reimportation in the state, reexportation and transit. 
 (c) Goods subject to the special customs re gimes in the modalities of franc stores, bonded 
warehouses, franc deposit and special customs storage. 
 (d) Industrialized goods destined for cons umption in the area of congresses, fairs and 
international expositions and assimilated events. 
 (e) Goods destined for the provisionment of ships and aircrafts, under the terms of the applicable 
legislation. 
 (f) Goods apprehended, abandoned, found at sea or stranded by it or salvaged from shipwreck 
and sold at auction. 
 
(g) Goods that do not require expenditure of cu rrency, property of air and maritime navigation 
companies and destined fo r their exclusive use. 
  G/LIC/N/3/CPV/1 
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   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 license.  3. The systems applies equally to  all goods, regardless of the country or countries where they 
originate. 
 4. The licensing system does not restrict the quantity or value of imports. However, the non-automatic license protects human, animal and pl ant health, the eco-system, and safeguards the 
national security.  
 
5. The previous licensing legislation, Decree- Law 51/2003 of 24 November 2003 was replaced 
by Decree-Law 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 license 
be issued to goods subject to manda tory restrictions defined by law.  The licensing system can only be 
altered by law. 
 
Procedures
 
 
6.  For products under restriction as to the quan tity or value of imports (whether applicable 
globally or to a limited number of countries or whether established bilaterally or unilaterally): 
 
I.  The Cape Verde licensing system is not intended to nor does it restrict the quantity or value of 
imports but is to ensure human, animal and plan t health, protect the eco-system, safeguard the 
national security.  All issues pertaining to the li censing regime are published in the applicable 
Cape Verde legislation. 
 
II. 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 cate gory are issued for each importation and are 
valid for the period requested by the importer.  This license 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. Non- automatic licenses are issued only by request 
of the importer, after verification that the im porter meets the establis hed legal requisites. 
Import and export operations ar e unencumbered for the importers  and exporters, credentialed 
as such under the terms of the law.  
 
III. The Cape Verde licensing system imposes no quotas, and it is not intended to, nor does it 
restrict the quantity or value of imports, and the import and export operations are unencumbered.   
 IV. The Cape Verde licensing system imposes no quotas.  
V. The Cape Verde licensing system imposes no quotas hence no applications are required. 
 VI. Under the Cape Verde licensing system, import and export operations are unencumbered.  
The importer is free to initiate import a nd export operations at its discretion. 
 
VII. No.  Import licenses are automatic save for the exceptional cases referred to above. 
 VIII. Import licenses are automatic save fo r the exceptional cases referred to above. 
 IX. The Cape Verde licensing system fore sees no quotas or restraint arrangements. G/LIC/N/3/CPV/1 
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  X. The provisions indicated in this number do not  apply in Cape Verde.  Cape Verde’s import 
and export operations are completely liberalized. 
 XI. Cape Verde’s legislation does not require an y kind of licensing for export operations and does 
not foresee any situation, regardless of the type of products.  
 
7.  Where there is no quantitative limit on im portation of a product or on imports from a 
particular country:  (a) It depends on the type of products being impor ted.  If the product is subject to the automatic 
license regime, the license is issued automa tically.  If the product is subject to a 
non-automatic license regime, the law requires th at the license be issued within a maximum 
of 21 days.  
 (b) Yes, if the product is not subject to a non-automatic license. 
 
(c) There is no limitation.  (d) Import licenses are automatic except for the exceptional cases referred to above. 
 8. Cape Verde’s law does not foresee any circum stances under which applicants may be denied 
a license. Denials of non-automatic licenses may be a ppealed juridically in conformity with the law. 
 
Eligibility of Importers to Apply for Licence
 
 
9.(a)  Yes.   
 
(b) Yes.   
Documentational and Other Requirements for Application for Licence
 
 
10. No information or form is required for automatic licenses. 
 
11. Invoices, bill of lading, certificate of origin and certificate of quality.  12. No.   
13. No. 
 
Conditions of Licensing
 
 
14. There is no period of validity for automatic licen ses. The law does not fix a validity period for 
non-automatic licenses such as sanitary-phytosanitary . Licenses for this category are issued for each 
importation and are valid for the period requested by the importer. This license 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 meets 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.  
 15. No.   16. No.   G/LIC/N/3/CPV/1 
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  17(a) No. 
 (b) No.  
Other Procedural Requirements
 
 
18. No.   19.(a) No, the importer must authorize the banking au thorities to transfer the money in payment of 
Customs duties. 
 
(b) No, a license is not a condition to obtain foreign exchange.  (c) No, but in exceptional cases the Central Bank may have restrictions on foreign exchange 
balance of payments. 
 
(d) The importer must present his/her commercia l documents including the Customs declaration 
and authorize the bank to make payment.  
  
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