Nicaragua - U.S. Export ControlsNicaragua - U.S. Export Controls
Food and Beverages
The Ministry of Health Food Inspection Office issues import permits for food and beverages. All imports of non-processed food must be registered with the Ministry of Agriculture’s Agricultural Health and Sanitation Office. If a product is imported in bulk and packaged in Nicaragua, a phytosanitary or sanitary certificate is required from the country of origin and the Nicaraguan Ministry of Health Food Inspection Office. For sugar, the Ministry of Development, Industry, and Trade issues import licenses.
Medicines and Cosmetics
The Ministry of Health Pharmaceutical Office issues import permits for medicines, cosmetics and hygiene products. Importers must present documentation demonstrating safety and effectiveness and pay fees to obtain a sanitary registration, as well as fees for laboratory analysis (this fee varies if the products are made in Nicaragua). To ascertain fee amounts, please contact the Ministry of Health.
For more information on registering a product or the documents required for importing pharmaceutical products, please contact:
Ministry of Health
Pharmaceutical Division
Complejo Nacional de Salud "Dra. Concepción Palacios" costado oeste, Colonia Primero de Mayo, Módulo 4, Managua
Tel: (505) 2289-4700
Fax: (505) 2289-4401
div-far@minsa.gob.ni
Laboratorio Nacional de Control de Calidad de Medicamentos
Donde fue la Pepsi 2 c. al Sur, 3 c. Abajo, Managua
Tel: (505) 2244-1925
lnccm-cndrminsa@hotmail.com
Agriculture and Livestock
Nicaragua’s agricultural import regulations are shared between the Nicaraguan Institute of Agricultural Protection and Health (IPSA) and the Nicaraguan Ministry of Health (MINSA). IPSA is responsible for the inspection of agricultural products at the borders and the regulation of animal feeds, agrochemicals and seeds, while MINSA regulates processed food products. A general requirement of Nicaragua’s import regulations is that the importer must have an import permit prior to the importation of any shipment. Processed foods and agrochemicals also require a sanitary register number from the Ministry of Health (MINSA) and/or the Nicaraguan Institute of Agricultural Protection and Health (IPSA). Good communication between the exporter and importer is essential for a successful commercial relationship.
Telecommunications
The Nicaraguan Telecommunications Regulator (TELCOR), established in 1982, regulates the telecommunications sector in Nicaragua and operates under the authority of the General Telecommunication and Postal Services Law. Passed in 1996, this constitutional provision established an institutional and legal framework and empowers TELCOR as an autonomous entity under the guidance of the Presidency to implement regulations and monitor compliance over telecommunications and postal services. One exception is the regulation of information technology which falls under the authority of Nicaraguan Council of Science and Technology (CONICYT), which reports to the Minister Advisor to the President Omar Halleslevens, and the Telecommunications Investment Fund (FITEL). TELCOR issues import permits for radio communication equipment, cable television installation equipment, telephone switchboard equipment, and commercial radio broadcast equipment.
Containers for Liquefied and Compressed Gasses
The Fire Department, Fire Prevention Office, issues import permits for new and used cylinders or containers for liquefied or other compressed gases.
Firearms
The National Police, Firearms and Ammunition Office administers an import permit system for firearms, ammunition, and explosives under the Special Law for Control and Regulation of Firearms, Ammunition, Explosives, and Related Materials (amended 2006/591). With increase civic unrest, violence and government repression of protesters it is unlikely that new import permits are issued with any ease, as the government attempts to control the flow of firearms into the country.
The United States imposes export controls to protect national security interests and promote foreign policy objectives. The United States also participates in various multilateral export control regimes to prevent the proliferation of weapons of mass destruction and prevent destabilizing accumulations of conventional weapons and related material. The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) administers U.S. laws, regulations and policies governing the export and reexport of commodities, software, and technology (collectively “items”) falling under the jurisdiction of the Export Administration Regulations (EAR). The primary goal of BIS is to advance national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. BIS also enforces anti-boycott laws and coordinates with U.S. agencies and other countries on export control, nonproliferation and strategic trade issues.
BIS is responsible for implementing and enforcing the EAR, which regulate the export, reexport, and transfer (in-country) of items with commercial uses that can also be used in conventional arms, weapons of mass destruction, terrorist activities, or human rights abuses, and less sensitive military items.
BIS’s Export Administration (EA) reviews license applications for exports, reexports, transfers and deemed exports (technology transfers to foreign nationals in the United States) subject to the EAR. Through its Office of Exporter Services, EA provides information on BIS programs, conducts seminars on complying with the EAR, and provides guidance on licensing requirements and procedures. EA’s Office of Technology Evaluation (OTE) analyzes U.S. export data on items subject to the EAR, BIS license application data, and global trade information to assess data trends. OTE’s data portal provides excerpts from statistical reports, along with data sets to enable the public to perform analyses of exports and licensing on its own.
U.S. exporters should consult the EAR for information on how export license requirements may apply to the sale of their items. If necessary, a commodity classification request may be submitted in order to obtain BIS assistance in determining how an item is controlled (i.e., the item’s classification) and the applicable licensing policy. Exporters may also request a written advisory opinion from BIS about application of the EAR to a specific situation. Information on commodity classifications, advisory opinions, and export licenses can be obtained through the BIS website at www.bis.doc.gov or by contacting the Office of Exporter Services at the following numbers: Washington, D.C. Tel: (202) 482-4811 Fax: (202) 482-3322Western Regional Office Tel: (949) 660-0144 Fax: (949) 660-9347
Further information on export controls is available at: http://www.bis.doc.gov/licensing/exportingbasics.htm
BIS’s Export Enforcement (EE) is responsible for the enforcement of the EAR. BIS works closely with U.S. embassies, foreign governments, industry, and trade associations to ensure that exports from the United States are secure. In accordance with the EAR, BIS officials conduct site visits, also known as End-Use Checks (EUCs), globally with end-users, consignees, and/or other parties to transactions involving items subject to the EAR, to verify compliance.
An EUC is an on-site verification of a party to a transaction to determine whether it is a reliable recipient of U.S. items. EUCs are conducted as part of BIS’s licensing process, as well as its compliance program, to determine if items were exported in accordance with a valid BIS authorization or otherwise consistent with the EAR.
Specifically, an EUC verifies the bona fides of recipient(s) of items subject to the EAR, to include: confirming their legitimacy and reliability relating to the end use and end user; monitoring their compliance with license conditions; and ensuring such items are used and/or re-exported or transferred (in-country) in accordance with the EAR.
BIS officials rely on EUCs to safeguard items subject to the EAR from diversion to unauthorized end uses/users. The verification of a foreign party’s reliability facilitates future trade, including pursuant to BIS license reviews. If BIS is unable to verify the reliability of the company or is prevented from accomplishing an EUC, the company may receive, for example, more regulatory scrutiny during license reviews or be designated on BIS’s Unverified List or Entity List, as applicable.
BIS has developed a list of “red flags,” or warning signs, intended to discover possible violations of the EAR.
Also, BIS has “Know Your Customer” guidance.
BIS provides a variety of training sessions to U.S. exporters throughout the year. These sessions range from one to two day seminars and focus on the basics of exporting as well as more advanced topics. Check a current seminar schedule for a list of upcoming seminars.
BIS also provides online training.
The EAR does not regulate transactions involving all U.S. goods, services, and technologies. Other U.S. Government agencies regulate more specialized exports. For example, the U.S. Department of State’s Directorate of Defense Trade Controls has authority over defense articles and services. A list of other agencies involved in export control can be found on the BIS website or in Supplement No. 3 to Part 730 of the EAR.
The EAR is available on the BIS website and on the e-CFR (Electronic Code of Federal Regulations) website.
The Consolidated Screening List (CSL) is a list of parties for which the United States Government maintains restrictions on certain exports, reexports or transfers of items. The CSL consolidates a number of smaller lists of restricted parties that are maintained by a variety of U.S. Government agencies, including the Department of Commerce, as an aid to industry in conducting electronic screens of potential parties to regulated transactions. The CSL is available here: http://apps.export.gov/csl-search or https://developer.trade.gov/consolidated-screening-list.html.