Basic information
Outline of the system
Cuba is party to the Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic Substances, 1971, and the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. By virtue of the implementation of the international trade control related provisions of these Conventions, in Cuba imports and exports of narcotic drugs, psychotropic substances, precursors and basic chemicals are subject to an import licensing system which is supplemented by a planning system covering medical, scientific and other legitimate needs, and a group of administrative measures aimed at preventing the possible diversion of these substances towards unlawful channels at any stage of their transit.
All national entities (legal persons) operating with these substances are entered in a central register at the Control Unit for Narcotic Drugs, Psychotropic Substances and Other Similar Substances, which is the drug control department of the National Directorate of Medicines and Medical Technologies. These entities must comply with the following requirements: be entered in the Register of Importers and Exporters of the Chamber of Commerce of Cuba and the Central Register of the Customs General of the Republic, be legally constituted, with a corporate purpose covering import and/or export activities, and be registered with the Ministry of Foreign Trade and Foreign Investment; and the substances with which they operate must be included in the list of goods approved for the entity.
Product coverage
- Narcotic drugs regulated by the Single Convention on Narcotic Drugs, 1961; - sychotropic substances regulated by the Convention on Psychotropic Substances, 1971; - precursors and basic chemicals regulated by the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
Purposes of licensing: To comply with the obligations deriving from the above-mentioned international conventions, to prevent the diversion of these substances from their lawful circulation channels, and to ensure that medical and scientific needs are met.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
Licensing is not intended to restrict the quantity or value of imports. Limits on quantities for import are consistent with the estimates system established by the international treaties in which all member States participate. The estimates system is administered by the International Narcotics Control Board (INCB) and aims to meet legitimate needs for these substances while preventing illicit trafficking and diversion from lawful international trade channels.
The estimates system administered by the United Nations INCB works well and obtains excellent results, and therefore does not affect imports: on the contrary, it contributes to orderly import activity at international level.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
The import licensing system is applied on the basis of the above-mentioned classification to goods from all countries without exception.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Ministerial Resolution No.58 of 1967 "Standards and Procedures for the Control of Narcotic Drugs", in accordance with the provisions of the Single Convention on Narcotic Drugs, 1961.
Ministerial Resolution No.72 of 1990, which implements the provisions of the Convention on Psychotropic Substances, 1971.
Ministerial Resolution No.67 of 1996 "Regulations for the Control of Precursors and Basic or Essential Chemicals", which implements the provisions of the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
Import licensing is mandatory and is governed by specific legislation.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Importers must be entered in the Central Register for Importers and Exporters at the Control Unit for Narcotic Drugs, Psychotropic Substances and Other Similar Substances of the MINSAP.
What persons or firms are eligible to apply for a licence?
Any legal entity may register provided that it is already registered in the National Register of Importers and Exporters of the Chamber of Commerce of Cuba and the Central Customs Register of the Customs General of the Republic.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
National Directorate of Medicines and Medical Technologies, MINSAP
Address
Telephone
(+53) 78319366; 78383393; 78383395
Fax
Contact officer
Director: Mailin Beltrán Delgado
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications for import licences must contain the following information:
- name and legal domicile of the importer and exporter;
- the entity's registration number in the National Register for the Monitoring of Controlled Substances;
- telephone number, fax number and e-mail address of the importer and exporter;
- generic name of the narcotic drug, psychotropic substance or substance with similar effect;
- International Nonproprietary Name (INN), if any;
- Harmonized system code;
- quantity of product with measurement units expressed in letters and numbers;
- product description: presentation, packaging, pharmaceutical form and dose of the product in the case of pharmaceutical preparations;
- international sales contract number, where appropriate;
- declaration as to the use and final destination of the substance, identifying the client or the user of the substance;
- in the case of imports of pharmaceutical preparations, the registration number issued by the Centre for State Control of Medicinal Product Quality;
- anticipated date of arrival of goods in the case of imports or anticipated date of departure in the case of exports;
- authorized customs points where the goods declaration will be presented upon arrival in or departure from the country. In the case of exports, the customs entry point in the importing country must be stated;
- date of application;
- signature of the director or manager of the requesting entity and official stamp;
- in the case of exports, the import permit issued by the importing country's competent national authority for drug control must also be presented.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications must be submitted at least 15 days before the imports arrive in the country.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Yes, it can, provided that the request is duly justified and the established requirements have been met.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Consideration of import licence applications is effected solely by the Control Unit for Narcotic Drugs, Psychotropic Substances and Other Similar Substances of the MINSAP, which is registered with the United Nations as the competent national authority for the purpose of the implementation of the above mentioned international treaties in respect of the monitoring and control of drugs for medical and scientific use and chemical precursors.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No other conditions are attached to the issue of a licence, unless an official investigation or official supervision is required.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Not applicable.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An import licence application may be refused if it is shown to fall short of the established legal formalities and technical requirements, or if there is any indication of a risk to the country.
Are the reasons for any refusal given to applicants?
Wherever possible, the applicant is directly notified of the reasons for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
Not applicable.
What documents are required upon actual importation?
The export permit issued by the exporting country's competent national authority for drug control.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other administrative procedures are required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licences are valid from the date on which they are issued until 31 December of each year. They cannot be extended. In the event of expiry, a new application must be submitted.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties for the non-utilization of a licence or a portion of licence, or if the licence expires or is suspended, as a licence is required for each individual transaction, i.e. each time goods cross the border.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licences are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.
The following questions are only 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)
Where is information on allocation and formalities for licences published? Is the overall amount 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?
Once officially registered, the importer is automatically notified of the formalities to be completed when submitting an application for an import licence, and of the statutory rules and procedures.
Information relating to the approved estimates for the country is officially published by the INCB and distributed to each country in printed form. It is also available on the INCB website. Once the estimates are known, the quotas are allocated and the importers so informed as of January each year.
There are no exceptions or derogations from the licensing requirement. Anyone operating with the above-mentioned substances is required to obtain an import licence.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined 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 a fresh licence on a six-monthly or quarterly basis?
Import quota size is determined on a yearly basis. The approved quotas are officially published by the INCB. Licences are valid from their date of issue until 31 December each year.
Are licences allocated for certain goods partly 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 names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
In the case of the above-mentioned substances which we are responsible for controlling, their final destination and end use must be stated each time an import licence is requested. There are also various levels of State supervision which make it possible to ascertain the lawfulness of such transactions.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
At any time of the year, although it is recommended that import licence applications be submitted, preferably, during the first, second and third quarters of the year.
What are the minimum and maximum lengths of time for processing applications?
The processing period for import licence applications is 15 working days as of the date when the application is submitted.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Not applicable. This depends on the period of time established by the exporting country's competent authority for the granting of the export licence once the corresponding import licence has been received.
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?
Consideration of import licence applications is effected by the Control Unit for Narcotic Drugs, Psychotropic Substances and Other Similar Substances of the MINSAP, which is registered with the United Nations as the competent national authority for the purposes of the implementation of the above mentioned international treaties regarding the monitoring and control of drugs for medical and scientific use and chemical precursors. Where there is any suspicion of illegal activities and a more in-depth investigation is required, the competent authorities are notified so that the applications can be examined by the National Counter Narcotics Directorate of the Ministry of the Interior.
If the demand for licences cannot be fully satisfied, 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 applications examined simultaneously or on receipt?
All applications are dealt with on a first-come, first-served basis and in accordance with established priorities. New importers are directly incorporated into the control system and are issued licences once they have met the established legal requirements.
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?
This is not applicable in the case of narcotic drugs, psychotropic substances and precursors. The licensing system applies to imports and exports alike and is mandatory both for the countries in which the goods originate and for those for which the goods are destined, in accordance with the requirements of the above-mentioned conventions.
In cases where imports are allocated on the basis 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?
Under the above-mentioned treaties, export permits must be endorsed by the competent national authority of the importing country and subsequently returned to the competent national authority of the exporting country. Cuba is also party to the pre export notification mechanism, which is applied to products classified as precursors and basic chemicals.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Not applicable.