Sugar Industry (Licence to Import Export Sugar) Regulations 2023 (S.I. No. 62 of 2023)

BELIZE: SUGAR INDUSTRY (LICENCE TO IMPORT/EXPORT SUGAR) REGULATIONS, 2023 ARRANGEMENT OF REGULATIONS PART I Preliminary 1. Citation. 2. Interpretation. PART II Application Procedure for a Licence 3. Application for licence. 4. Validity Period for licence. 5. Requirements for granting a licence. 6. Refusal to grant a licence. 7. Suspension or revocation of licence. 8. Right to appeal denial, suspension or revocation of licence. 9. Licence. PART III Licence Terms and Conditions 10. Period in which licensee shall become operational. 11. Requirement for a licence and a shipment permit. 12. Licence to be non-transferable. 13. Ceasing operations under a licence. 14. Change of ownership of a company. Sugar Industry 15. Display of licence. 16. Collection and distribution of proceeds, premiums and other benefits. 17. Licensee to obtain other permits from relevant authorities. 18. Inspection of premises. 19. Records to be kept. PART IV Shipment Permit Requirements 20. Shipment permit. 21. Requirements for granting a shipment permit. PART V Miscellaneous 22. Disclosure. 23. Request for additional information. PART VI Offense and Penalty 24. Offense and penalty. 25. Laying of information and complaint. PART VII Transition and Negative Resolution 26. Transition. 27. Negative Resolution. Schedule I. Schedule II. Schedule III. Sugar Industry No. 62] Sugar Industry 1 BELIZE: STATUTORY INSTRUMENT No. 62 of 2023 REGULATIONS made by the Sugar Industry Control Board, with the approval of the Minister responsible for Agriculture, in exercise of the powers conferred upon them by section 73 of the Sugar Industry Act, Chapter 283 of the Substantive Laws of Belize, Revised Edition 2020, and all other powers thereunto them enabling. (Gazetted 16th May, 2023). PART I Preliminary 1. These Regulations may be cited as the SUGAR INDUSTRY (LICENCE TO IMPORT/ EXPORT SUGAR) REGULATIONS, 2023. 2. In these Regulations– “certified producer” means an association which has become certified by a certification body as producers who can sell certified sugar cane to a certified manufacturer; “certified sugar” means sugar that earns a premium or any other benefits when sold; “export” means taking out of Belize to a place outside of Belize; “import” means bringing into Belize from a place outside of Belize; Citation. Interpretation. 2 Sugar Industry [No. 62 “licence” means a licence granted by the Minister, or such person as may be appointed by him, to export or import sugar, ethanol or any other derivative of sugar cane; “licensee” means the holder of a licence issued by the Minister, or such person as may be appointed by him, to import or export sugar, ethanol or any other derivative of sugar cane; “Minister” means the Minister responsible for agriculture; “Ministry” means the Ministry responsible for agriculture; “operations” means importing sugar into or exporting sugar from Belize; “premium” means an extra amount of money paid for a product in addition to the payment for the cost of the product; and “shipment permit” means a permit granted by the Controller of Supplies which authorises a single transaction to import or export sugar, ethanol or any other derivative of sugar cane. PART II Application Procedure for a Licence 3.–(1) Any person who desires to import into or export from Belize any sugar, ethanol or any other derivative of sugar cane shall apply for a valid licence for that purpose from the Minister or such person as may be appointed by him. (2) An application for a licence to import sugar made in accordance with sub-regulation (1) shall be in form 1 of Schedule I. (3) An application for a licence to export sugar made in accordance with sub-regulation (1) shall be in form 2 of Schedule I. Application for licence. Schedule I. Schedule I. No. 62] Sugar Industry 3 Validity period for licence. (4) Any person who contravenes this regulation commits an offence and the sugar in connection with which the offence was committed shall be liable to be forfeited and shall be disposed of in such manner as the Minister, or such person as may be appointed by him, may direct. 4.–(1) A licence granted by the Minister, or such person as may be appointed by him, shall be valid for one calendar year. (2) An application for a licence to import or export sugar or any other derivative of sugar cane shall be made on or before November 30th of every calendar year. 5.–(1) The Minister, or such person as may be appointed by him, shall grant the licence if he is satisfied that– (a) the applicant is authorised and equipped to conduct operations for which the licence is being sought; (b) the applicant has disclosed copies of import or export contracts which indicate the specific purpose for which the licence is being applied for and which specifies the period within which operations are to take place; and (c) the applicant is a fit and proper person. (2) Where the applicant enters into a contract to sell certified sugar, the applicant shall also disclose, when making an application for a licence, a detailed report of– (a) the total amount of certified sugar or other derivatives of sugar cane contracted to be sold for each transaction of exporting sugar; and Requirements for granting a licence. 4 Sugar Industry [No. 62 (b) any premiums or benefits due to each certified producer according to the volume of production of sugar cane delivered by each certified producer. (3) In determining whether an applicant is a fit and proper person, the Minister, or such person as may be appointed by him, may consider– (a) the applicant’s history of compliance with laws relating to the importation or exportation of sugar or any other derivative of sugar cane; (b) that the applicant is in possession of a certificate of good standing from the Belize Companies and Corporate Affairs Registry; and (c) any other relevant factors the Minister considers. 6.–(1) The Minister, or such person as may be appointed by him, may refuse to grant a licence if he is satisfied that– (a) the applicant does not meet the requirements specified in regulation 5; or (b) that the applicant is not a fit and proper person to hold a licence. (2) The Minister, or such person as may be appointed by him, shall not grant a licence for the importation of sugar or any other derivative of sugar cane if the product is adequately supplied by a local producer. (3) Notwithstanding sub-regulation (2), the Minister, or such person as may be appointed by him, may grant a licence for the importation of sugar or any other derivative of sugar cane if the product being applied for is not adequately supplied by a local producer to meet the demands of local consumption. Refusal to grant a licence. No. 62] Sugar Industry 5 (4) Where the Minister, or such person as may be appointed by him, refuses to grant a licence, he shall notify the applicant, in writing, of the reasons for the refusal within ten working days of receipt of the application. 7.–(1) The Minister, or such person as may be appointed by him, may, by notice in writing to the licensee, suspend or revoke a licence if he is satisfied that– (a) the licensee has not complied with or is not complying with the terms and conditions set out in the provisions of these Regulations; (b) the licensee is not operating for the purposes for which the licence was granted; or (c) the licensee has ceased to operate. (2) A notice issued under this regulation shall specify– (a) the reasons for the suspension or revocation; (b) the date on which the revocation or suspension takes effect; and (c) in the case of suspension, the date on which, or the event in relation to which, the suspension may cease to have effect. (3) A person whose licence has been suspended or revoked in accordance with this regulation shall immediately surrender his licence to the Ministry, or to the relevant person appointed by the Minister, and in any event, not later than seven days from the date of receipt of the notice, whether or not the revocation or suspension is the subject of any appeal. 8.–(1) For the purposes of these Regulations, there shall be established an appeals tribunal which shall consist of– (a) the Director General of Foreign Trade; Suspension or revocation of licence. Right to appeal denial, suspension or revocation of licence. (b) the Labour Commissioner; and (c) the Chief Magistrate. (2) The Chief Magistrate shall be the chairperson of the appeals tribunal. (3) A person whose application for a licence has been denied in accordance with regulation 6 or whose licence has been suspended or revoked in accordance with regulation 7 may, in writing, appeal this decision to the appeals tribunal. (4) The appeals tribunal may prescribe rules for the procedure for hearing appeals made pursuant to sub-regulation (3). 9.–(1) The licence issued for the importation of sugar or any other derivative of sugar cane shall be in form 1 of Schedule II. (2) The licence issued for the exportation of sugar or any other derivative of sugar cane shall be in form 2 of Schedule II. PART III Licence Terms and Conditions 10.–(1) Where the Minister, or such person as may be appointed by him, grants a licence to import or export sugar or any other derivative of sugar cane, a licensee shall commence operations within four months of the date of the issuance of the licence. (2) The licensee shall inform the Ministry, or the relevant authority appointed by the Minister, in writing of when it commences such operations. 6 Sugar Industry [No. 62 Licence. Schedule II. Schedule II. Period in which licensee shall become operational. (3) A licensee who does not commence operations within the period specified in sub-regulation (1), shall request in writing to the Minister, or such person as may be appointed by him, an extension for up to two additional months prior to the expiration of the four-month period. 11. Where a licence is granted, the licensee shall apply and obtain, in addition to the licence, a shipment permit in accordance with regulation 20, for every importation or exportation shipment of sugar or any other derivative of sugar cane the licensee engages in within the one calendar year validity period of the licence. 12. A licence granted by the Minister, or such person as may be appointed by him, in accordance with these Regulations is non-transferable. 13.–(1) A licensee who intends to cease import or export operations shall inform the Minister in writing and specify the date on which such operations shall cease. (2) A licence to import or export sugar or any other derivative of sugar cane shall become void on the date the import or export operations ceases notwithstanding the validity period specified in regulation 4. 14.–(1) Where there is a change in the ownership of a company, any licence held by the company prior to the change of ownership shall become void immediately upon the change. (2) The company, under its new ownership, shall apply for the issue of a licence in accordance with regulation 3 and for a shipment permit in accordance with regulation 20 prior to commencing any import or export operations. 15. The licensee is required to display a copy of the licence in a conspicuous manner at the licensee’s principal place of business. No. 62] Sugar Industry 7 Licence to be non transferable. Ceasing operations under a licence. Requirement for a licence and a shipment permit. Change of ownership of a company. Display of licence. 16.–(1) Where the licensee enters into a contract to purchase or process certified sugar cane from a certified producer and to sell certified sugar or any derivative or by-product of sugar cane that earns a premium or any other benefits for the certified producer, the licensee shall– (a) collect all proceeds, premiums or other benefits from the total volume of certified sugar or any derivative or by-product sold to buyers; and (b) distribute any premiums or other benefits on a quarterly basis to certified producers to which premiums are due based on the respective volume of sugar cane delivered to the licensee by each certified producer. (2) The licensee may deduct any respective or applicable bank charges of the premium or other financial benefits from the amount being remitted to the respective certified producers. (3) Failure to pay the respective premium or benefit in accordance with this regulation shall result in an immediate revocation of a licence. 17. The licensee shall obtain permits and agreements from all relevant authorities, persons or entities for the use of their facilities and shall comply with all conditions and covenants stipulated by such authorities, persons or entities as agreed upon by all parties. 18.–(1) The Minister or any other person he may authorise, and the Chairperson or a representative of the Sugar Industry Control Board shall have the right to visit and inspect the licensee’s premises of manufacturing and import or export operations at any time during normal working hours for the purposes of ensuring compliance with the provisions of the Act or these Regulations. 8 Sugar Industry [No. 62 Licensee to obtain other permits from relevant authorities. Inspection of premises. Collection and distribution of proceeds, premiums and other benefits. (2) The Minister or any other person he may authorise, and the Chairperson or a representative of the Sugar Industry Control Board shall give notice in writing to the licensee of the intention to visit and inspect the licensee’s premises forty-eight hours prior to the visit. 19.–(1) Any person who imports or exports sugar or any other derivative of sugar cane shall at all times keep records showing particulars of acquisition, purchase or sale, and import or export of such sugar so as to enable any person authorised by the Minister to readily trace the importation or exportation of such sugar. (2) Failure to keep records under sub-regulation (1) shall be an offence under these Regulations. PART IV Shipment Permit Requirement 20.–(1) A licensee shall apply to the Controller of Supplies for a shipment permit for every shipment transaction of importing into or exporting from Belize any sugar, ethanol or any other derivative of sugar cane. (2) An application made in accordance with sub regulation (1) for a shipment permit to import sugar shall be submitted to the Controller of Supplies in form 1 of Schedule III. (3) An application made in accordance with sub regulation (1) for a shipment permit to export sugar shall be submitted to the Controller of Supplies in form 2 of Schedule III. (4) A shipment permit shall be valid only for the specific import or export transaction specified in the permit. Record to be kept. Shipment permit. Schedule III. No. 62] Sugar Industry 9 Schedule III. (5) A person or licensee who imports or exports sugar without first obtaining a shipment permit commits an offence. 21.–(1) The Controller of Supplies shall grant a shipment permit if he is satisfied that– (a) the applicant is in possession of a valid licence granted in accordance with regulation 3; and (b) the applicant has disclosed all import or export contracts and reports required under regulation 5. (2) The Controller of Supplies shall not grant a shipment permit for the importation of sugar or any other derivative of sugar cane if the product is adequately supplied by a local producer. (3) Notwithstanding sub-regulation (2), the Controller of Supplies may grant a shipment permit for the importation of sugar or any other derivative of sugar cane if the product being applied for is not adequately supplied by a local producer to meet the demands of local consumption. PART V Miscellaneous 22. Where sugar is being exported, the licensee shall disclose to the Sugar Industry Control Board and to the association or producer from which it receives sugar cane for processing into sugar for exportation, all copies of contracts between the licensee and its buyers for any product for which the licence and shipment permit is granted. 23.–(1) Where an application is made for a licence, the Minister, or such person as may be appointed by him, may request from another governmental body or department any Requirements for granting a Shipment Permit. 10 Sugar Industry [No. 62 Disclosure. Request for additional information. additional information necessary to consider the granting of a licence. (2) Where an application is made for a shipment permit, the Controller of Supplies may request from another governmental body or department any additional information necessary to consider the granting of a shipment permit. PART VI Offense and Penalty 24. Any person found acting in contravention of these Regulations shall be punishable on summary conviction by a fine not exceeding five thousand dollars, or by imprisonment not exceeding six months, or by both such fine and period of imprisonment, and in addition, by a fine of five hundred dollars for every day the offence continues. 25. Any information and complaint in respect of any contravention of any of these Regulations may be laid by a person duly authorised by the Minister. PART VII Transition and Negative Resolution 26. Any person engaged in the importation of sugar into Belize or the exportation of sugar from Belize before the commencement of these Regulations shall immediately upon commencement of these Regulations– (a) apply to the Minister, or such person he may appoint, for a licence for that purpose in accordance with regulation 3; and (b) apply to the Controller of Supplies for a shipment permit for every importation or No. 62] Sugar Industry 11 Offense and penalty. Laying of information and complaint. Transition. exportation transaction in accordance with regulation 20. 27. These Regulations shall be subject to negative resolution. Negative resolution. 12 Sugar Industry [No. 62 No. 62] Sugar Industry 13 Sugar Industry 11 SCHEDULE I [Regulation 3(2)(3)] FORM 1 APPLICATION FOR LICENCE TO IMPORT PLEASE PRINT CLEARLY DATE: TO: 1. Name of Applicant: 2. Registered Address: 3. Mailing Address: 4. Tax Identification Number: 5. Company Representative (Person responsible for all matters related with licensing) (a) Name: (b) Telephone: (c) Email: (d) Signature: 6. Product intended for import: Sugar Molasses Ethanol Other Derivative of Sugar Cane: (Specify) 7. Estimated frequency of importation: 8. Country of Origin: 9. Estimated quantity intended for import per year during licence period in Tonnes (by Product Category and Sub-Category): 14 Sugar Industry [No. 62 12 Sugar Industry 10. Quantity of item in stock for import at time of application (by product category and sub-category): 11. Ratio of item in stock to be imported during licence period as compared to item to be produced during licence period for import: 12. Provide details of import contracts for the period being applied for: Details of Import Contracts (per Product Category and Sub-category): Contract Details (list the parties) Product Category & Sub Category Contracted Quantity to be Imported During Licence Period Scheduled Import Period to Fulfill Contractual Obligation During Licence Period (i.e. the date of first import to date of final import) Port of Entry Country of Origin/Country of Manufacture 13. Documents provided in support (attach copies to the application): Company Registry Certification Certificate of Good Standing from the Belize Companies and Corporate Affairs Registry GST Certificate SKU List (List of items with descriptions as presented on invoices, entries, or packing list) 12 Sugar Industry 10. Quantity of item in stock for import at time of application (by product category and sub-category): 11. Ratio of item in stock to be imported during licence period as compared to item to be produced during licence period for import: 12. Provide details of import contracts for the period being applied for: Details of Import Contracts (per Product Category and Sub-category): Contract Details (list the parties) Product Category & Sub Category Contracted Quantity to be Imported During Licence Period Scheduled Import Period to Fulfill Contractual Obligation During Licence Period (i.e. the date of first import to date of final import) Port of Entry Country of Origin/Country of Manufacture 13. Documents provided in support (attach copies to the application): Company Registry Certification Certificate of Good Standing from the Belize Companies and Corporate Affairs Registry GST Certificate SKU List (List of items with descriptions as presented on invoices, entries, or packing list) No. 62] Sugar Industry 15 Sugar Industry 13 Import contracts Other (specify): Declaration: I/We, *, † at ‡ do declare that I/we am/are authorized by the Applicant to verify and sign this declaration on the Applicant’s behalf; and that, having reviewed this application, I/we am/are satisfied that the particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief. On behalf of the Applicant, I/we hereby indicate that the Applicant understands that any incorrect or false information furnished or any information deliberately omitted from this application may result in this application being rejected. Dated this day of , 20 Signature Signature Print Name: Print Name: Notes: 1. Quantities should be referred to: (a) For sugar of any kind, in tonnes; (b) For molasses, in tonnes; (c) For ethanol, in gallons/litres; and (d) For any other derivative, as required by the Ministry responsible for Agriculture. 2. An applicant may, no later than five (5) business days after submission of the application, withdraw or submit an amended version of the application. * Name(s) of authorized signatory/signatories † Occupation/Position(s) of authorized signatory/signatories at Applicant entity ‡ Name of Applicant entity 16 Sugar Industry [No. 6214 Sugar Industry For Official Use: Date: Application received by: Post: Signature: Approved Licence is valid from the day of , 20 , to the day of 20 . Denied (states reasons): No. 62] Sugar Industry 17 Sugar Industry 15 FORM 2 APPLICATION FOR LICENCE TO EXPORT PLEASE PRINT CLEARLY DATE: TO: 1. Name of Applicant: 2. Registered Address: 3. Mailing Address: 4. Tax Identification Number: 5. Company Representative (Person responsible for all matters related with licensing) (a) Name: (b) Telephone: (c) Email: (d) Signature: 6. Product intended for export: Sugar Molasses Ethanol Other Derivative of Sugar Cane: (Specify) 7. Estimated frequency of exportation: 8. Country of exportation : 9. Estimated quantity intended for export per year during licence period in Tonnes (by Product Category and Sub-Category): 18 Sugar Industry [No. 62 16 Sugar Industry 10. Quantity of item in stock for export at time of application (by product category and sub-category): 11. Ratio of item in stock to be exported during licence period as compared to item to be produced during licence period for export: 12. Provide details of export contracts for the period being applied for: Details of export Contracts (per Product Category and Sub-Category): Contract Details (list the parties) Product Category & Sub Category Contracted Quantity to be Exported During Licence Period Scheduled Export Period to Fulfill Contractual Obligation During Licence Period (i.e. the date of first Export to date of final Export) Port of Exit Destination Country and Port 13. Documents provided in support (attach copies to the application): Company Registry Certification Certificate of Good Standing from the Belize Companies and Corporate Affairs Registry GST Certificate SKU List (List of items with descriptions as presented on invoices, entries, or packing list) 16 Sugar Industry 10. Quantity of item in stock for export at time of application (by product category and sub-category): 11. Ratio of item in stock to be exported during licence period as compared to item to be produced during licence period for export: 12. Provide details of export contracts for the period being applied for: Details of export Contracts (per Product Category and Sub-Category): Contract Details (list the parties) Product Category & Sub Category Contracted Quantity to be Exported During Licence Period Scheduled Export Period to Fulfill Contractual Obligation During Licence Period (i.e. the date of first Export to date of final Export) Port of Exit Destination Country and Port 13. Documents provided in support (attach copies to the application): Company Registry Certification Certificate of Good Standing from the Belize Companies and Corporate Affairs Registry GST Certificate SKU List (List of items with descriptions as presented on invoices, entries, or packing list) No. 62] Sugar Industry 19 Sugar Industry 17 export contracts Projection of volume to be exported by category. Valid manufacturer’s licence (if applicable) Other (specify): Declaration: I/We, §, ** at †† do declare that I/we am/are authorized by the Applicant to verify and sign this declaration on the Applicant’s behalf; and that, having reviewed this application, I/we am/are satisfied that the particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief. On behalf of the Applicant, I/we hereby indicate that the Applicant understands that any incorrect or false information furnished, or any information deliberately omitted from this application may result in this application being rejected. Dated this day of , 20 Signature Signature Print Name: Print Name: Notes: 1. Quantities should be referred to: (a) For sugar of any kind, in tonnes; (b) For molasses, in tonnes; (c) For ethanol, in gallons/litres; and (d) For any other derivative, as required by the Ministry responsible for Agriculture. 2. If the exporter is a manufacturer of the item for which a licence to export is being sought through this application, a copy of a valid manufacturer’s licence should accompany this application. 3. An applicant may, no later than five (5) business days after submission of the application, withdraw or submit an amended version of the application. § Name(s) of authorized signatory/signatories ** Occupation/Position(s) of authorized signatory/signatories at Applicant entity †† Name of Applicant entity 18 Sugar Industry For Official Use: Date: Application received by: Post: Signature: Approved Licence is valid from the day of , 20 , to the day of 20 . Denied (states reasons): 20 Sugar Industry [No. 62 Sugar Industry 19 SCHEDULE II [Regulation 9(1)(2)] FORM 1 LICENCE TO IMPORT SUGAR Belize. No. of Licence ( ) By virtue of the authority vested in me, , the Minister responsible for Agriculture, under the Sugar Industry Act to issue licences for the importation of Sugar into Belize, is hereby granted a licence to import sugar, ethanol or other derivative of sugar cane by way of located at , Belize. This licence dated the day of 20 is hereby granted for the term of one calendar year, from 1st January 20 to 31st December 20 , and is subject to the terms and conditions set out in the Sugar Industry (Licence to Import/Export) Regulations and the Sugar Industry Act. –––––––––––––––––––––––––––––– Minister Responsible for Agriculture No. 62] Sugar Industry 21 20 Sugar Industry FORM 2 LICENCE TO EXPORT SUGAR Belize. No. of Licence ( ) By virtue of the authority vested in me, , the Minister responsible for Agriculture, under the Sugar Industry Act to issue licences for the exportation of Sugar from Belize, is hereby granted a licence to export sugar, ethanol or other derivative of sugar cane by way of located at , Belize. This licence dated the day of 20 is hereby granted for the term of one calendar year, from 1st January 20 to 31st December 20 , and is subject to the terms and conditions set out in the Sugar Industry (Licence to Import/Export) Regulations and the Sugar Industry Act. –––––––––––––––––––––––––––––– Minister Responsible for Agriculture 22 Sugar Industry [No. 62 Sugar Industry 21 SCHEDULE III [Regulation 20(2)(3)] FORM 1 Shipment Permit No. IMPORT SHIPMENT PERMIT Name of Importer: Address of Importer: Country of Origin: Mode of Transportation: Port of Entry: Value of Goods in BZE. $: Freight on Board (FOB) Cost Insurance and Freight (CIF) Signature of Importer PERMISSION IS HEREBY GRANTED FOR THE IMPORTATION OF TO On the following conditions: Description of Goods Quantity Estimated Value Mode of Transport This shipment permit is valid for days from the date of approval. This day of , 20 . Controller of Supplies No. 62] Sugar Industry 23 22 Sugar Industry FORM 2 Shipment Permit No. EXPORT SHIPMENT PERMIT Name of Exporter: Address of Exporter: Destination country: Mode of Transportation: Port of Exit: Value of Goods in BZE. $: FOB CIF Signature of Exporter PERMISSION IS HEREBY GRANTED FOR THE EXPORTATION OF FROM On the following conditions: Description of Goods Quantity Estimated Value Mode of Transport This shipment permit is valid for days from the date of approval. This day of , 20 . Controller of Supplies 24 Sugar Industry [No. 62 No. 62] Sugar Industry 25 MADE by the Sugar Industry Control Board this 12th day of May, 2023. (NAME) (CHAIRPERSON) APPROVED by the Minister responsible for the Sugar Industry this 13th day of May, 2023. JOSE ABELARDO MAI Agriculture, Food Security and Enterprise (Minister responsible for Sugar Industry) Printed in Belize by the Government Printer #1 Power Lane, Belmopan, Belize, C.A.