Basic information
Outline of the system
A licence from the Ministry of Defence under the Weapons and Explosives Law of 12 June 1939, which establishes that the weapons, ammunition, equipment and tools mentioned therein may not be imported into the country except by the National Government, under rules to be established. Explosives may only be imported with express authorization from the Ministry of Defence.
Product coverage
The import licensing system for weapons and explosives applies to a total of 74 national subheadings (see Products).
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
Import licences are intended to safeguard State security by controlling trade in weapons, ammunition and war materiel, and other articles and materials to supply the armed forces.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
Import licences are issued without discrimination as to the country of origin of the goods.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Obtaining an import licence is a statutory requirement.
The legal basis for the system is:
- Official Gazette No. 5039, extraordinary edition of 9 February 1996, publishing Decree 989 of 20 December of 1995, the Customs Tariff.
- Official Gazette No. 19900 of 12 June 1939, publishing the Weapons and Explosives Law.
- Official Gazette No. 20107 of 13 February 1940, publishing the Regulations in respect of the Weapons and Explosives Law.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The executive branch is empowered to abolish the system without legislative approval and to designate products to be subjected to licensing.
Is it possible for the government to abolish the system without legislative approval?
The executive branch is empowered to abolish the system without legislative approval and to designate products to be subjected to licensing.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for import licences.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The application form for import licences for weapons and explosives should identify the legal representative of the firm registered with the Weapons Directorate of the Armed Forces (DARFA), the customs entry point of the goods and the supplier and give a description of the materials to be imported (see Annex 6).
Annex 6.pdfWhat documents is the importer required to supply with the application?
The importer must also provide a copy of the firm’s trade register, a safety certificate issued by the fire brigade, a list of employees working in the firm, a certificate that it has been inspected, a list of products used and chemical information on the product to be imported.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for import licences should be made 21 working days in advance of the date of import, which is the minimum time required for processing.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the time of year.
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Article 86 of the Organic Law on Customs requires that goods comply with the customs regulations in effect on the date of their arrival at the primary zone and the importer is required to present all the necessary documentation.
Which administrative body is responsible for approving application of licences?
The Weapons Directorate of the Armed Forces of the Ministry of Defence is the administrative organ responsible for considering licence applications.
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.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Importers are required to pay revenue stamps equivalent to 60 tax units for registration, 30 tax units for renewal and 30 tax units for inspection.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required for the issue of import licences.
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?
Are the reasons for any refusal given to applicants?
In the event a licence is refused, the importer is notified of the reasons for the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative Procedures.
If so, to what bodies and under what procedures?
In the event a licence is refused, the importer may appeal for reconsideration of the administrative decision through regular or jurisdictional channels, as established in the Organic Law on Administrative Procedures.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the time of year.
What documents are required upon actual importation?
The importer is required to present the licence to import weapons and explosives at the time the imports are made.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licences for weapons and explosives are valid for three months and may be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties.
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?
In Venezuela, the currency is freely convertible. There are no restrictions on access to foreign exchange.