NICARAGUA

                       Based on information collected up to October 2002
 

1    TARIFF MEASURES

Structure of the tariff schedule

As of 1993 Nicaragua's customs tariff has been based increasingly on the CACM tariff system (SAC) which is based on the Harmonized  Commodity Description and Coding System. Nicaragua's customs tariff consists of a nine-tier tariff structure (zero, 5%, 10%, 15%, 20%, 30%, 50%, 55% and 190%).  This structure remains subject to Nicaragua's autonomous tariff cut plan and CACM commitments. The joint tariff system divided into three parts allows for some differences between the national tariffs of its members; thus, 
- Part I consists of 94% of tariff lines establishing a four-tier common tariff, with minima and maxima of 5% and 20%; 
- Part II (4% of tariff lines) comprises mainly agricultural items (bovine meat, yellow maize, vegetable oil, glucose, cigarettes, dyes, starch residues, school items, paper, raw materials for medicines, pharmaceuticals) with differential rates, which are intended to be harmonized; and 
- Part III  (2% of tariff lines) consists of products of major fiscal revenue interest to member governments. In the case of Nicaragua, Part III encompasses items such as raw materials for the production of soft drinks, spirits and liquors, mineral fuels, petroleum and its derivatives, bitumen and asphalt, electricity, pearls, artificial precious stones, radio-telephony apparatus in kits, amplifiers, several tapes of motor vehicles, motorcyles, tanks, watches, arms and ammunition, and works of art. 

Tariff Publications

Under the Secretaria Permanente del Tratado General de Integracion Economica Centroamericana (SIECA), the Sistema Arancelario Centroamericano (SAC) has been published on 1 of April 1993. 

11 Tariff Rates

All tariffs are ad valorem, and are assessed on the c.i.f. value of imports. High ad valorem rates are set on the importation of poultry legs and thighs at 190%, poultry meat and edible offal at 50%, and sugar at 55%. A temporary protection tariff ranging between 5% and 10% is also levied on several items, primarily on goods that are also produced in Nicaragua. 

12 MFN Rates

With Decree 51-2001 of May 2001, tariff on many finished goods have been raised from 10 to 15%, whereas Article 1 of this decree has established a 15% import tax on a list of 1,257 finished goods, Article 2 has kept the regular import duty on intermediate goods produced in Central America at 5%, pending future decisions of the Central American Ministers for integration.  Article 3 has modified the regular import duty for whole chicken, cut parts and breasts to 30%, and chicken thighs, and legs to 170%;  mineral water, soft drinks, alcoholic beverages, cigars and cigarettes to 15%.  Consequently to these tariff increases, the temporary protective tariff for capital and intermediate goods is being eliminated by the government, although some finished goods will continue to be levied at 5%.

13 Bound Rates

Nicaragua's commitments in the Uruguay Round are being phased in progressively since 1 of January 1995. For industrial goods final binding levels came into force on 1 January 1999, while for  agricultural items these are to become effective on 1 January 2004. In the Uruguay Round Schedule the following rates are set: 60% for (bovine, pork, and poultry/fowls (whole) meat, dried, dried beans, maize and flour thereof, rice and flour thereof, sorghum, soyabean oil, palm oil, and cottonseed oil. 75% for milk and cream, buttermilk, yoghurt, butter, cheese, beer, rhum, tobacco and items thereof. 100% and 200% for poultry cuts and offal chilled, poultry/fowl cuts and offal frozen. For manufactured items rates are 60% on matches, knitted or crocheted fabrics without elastomeric/fibre, articles of apparel and clothing, used or worn  rags, footwear, motor vehicles, motorcycles, trailers and semi-trailers. 70% Portland and hydraulic cements. 75% on jute and other textile bast fibres, artificial staple fibres, and 100% on woven fabrics of jute or other textile bast fibres, sacks and bags for packing goods. 

14 Tariff Quota Rates

Tariff quotas affect certain agricultural product categories at in quota bound rates of 40% and 60% which apply essentially on bovine and poultry meat, milk, milk cream, buttermilk, dried beans, maize, rice, sorghum, soyabean oil, palm oil, cotton-seed oil and sugar. Tariff quotas are to increase by about 67% by the year 2004. 

16 Reduced or Suspended Rates

The autonomous tariff cut plan initiated in 1997 and to be fully applied by July 2004 and CACM commitments allowed the setting of 55% tariff on sugar, duty-free entry on cement since 1998, and tariff cuts on new tyres from 10% to 5% as of July 1999. Other reductions are scheduled for dried beans and white maize from 25% to 10% as of July 2000, rice from 30% to 10% depending on the type as from July 2004;  yellow maize and sorghum from 15% to 10% as from July 2000; poultry whole or cut and breasts from 60%  to 10% as from July 2000 and poultry legs and thighs from 200% to 100% as from July 2002. CACM-related changes (Part I of the Joint tariff) have allowed Nicaragua to reduce autonomously maximum tariff levels  for finished consumer goods from 15% to 10% as from July 1999. In addition import duties on motor vehicles in tariff line 8703 have been set at a single rate of 10% except for ambulances and hearse set at 5%.

Furthermore, Nicaragua's scheme for the concessional entry of imports revised in 1997 includes at present duty free import for the following goods: raw materials, intermediary goods and capital goods for the agriculture, livestock, and fisheries sector, and small-sized handicraft firms; crude or partially refined or reconstituted oil and certain oil derivatives; machinery, raw materials, components, packaging materials; import relating to the construction of hotels and entertainment centres; orthopaedic appliances, medicaments, and vaccines for human use as well as inputs and raw materials relating to their production; material, equipment, furniture, ustensils, and machinery for the construction and operation of hospital centres and their annexes; material related to the activities of certain educational and public interest institutions (fire brigade, Red Cross); paper, machinery and equipment for the mass media (press, broadcasting); books, newspapers, magazines, school and scientific material; machinery and equipment, asphalt, and vehicles purchased by the authorities for construction, maintenance, and cleaning of the road network; short-term entry of laptop computers, business samples, professional equipment, and exhibit materials.

An amendment to the Ley de Justicia Tributaria (Tax Justice Act) voted by the National Assembly in April 2000 established tax exemptions for: non-governmental organizations with non-profit activities; import, luxury and sales taxes exemptions for hospital investments; reduction of the tax levied on vehicules based on engine size, aliviating discriminatory tariff treatment against bigger American cars and their similar Japanese; exemption of crude or partially-refined petroleum from import, sales and temporary  protective tariffs; and elimination of import taxes on capital goods, intermediate goods, and raw materials destined for the agricultural sector, small handicraft, fishing and acquaculture industries. 

Temporary duty free treatment is extended to items such as machinery, raw materials, components, and packaging materials; to firms located in approved free zones that import unfinished products for processing before being re-exported; and registered foreign investors allowed to re-export equipment and machinery.
In addition special procedures apply for the short-term entry of certain goods such as laptop computers, business samples, professional equipment and exhibit materials.

17.1 Introduction of a 35% levy on goods from Honduras and Colombia by Law No. 325; this levy is calculated on the basis of the sum of the c.i.f. value plus existing tariffs.
19.1 On 26 May 1961, Nicaragua become member of the General Treaty on Central American Integration (Tratado General de Integracion Economica Centroamericana) which established the Central American Common Market (CACM). The treaty which entered into force in 1961 was amended by the Protocol to the General Treaty on Central American Economic Integration, known, as the Guatemala protocol in 1993. The order participating members are Costa Rica, El Salvador, Guatemala and Honduras. From the outset of the ratification of the General Treaty, a free trade in all products originating in the Member States was established between the five, with a few exceptions listed in Annex A of the Treaty, essentially roasted coffee, alcoholic beverages and petroleum products which are subject to customs duties, while the rest are subject to import controls through Resolution No. 24-96 (COMRIEDRE IV) of 22 May 1996 as amended by Resolution 18-98 (COMIECO-VI) of 24 February 1998. Therefore as a party to the CACM treaty, Nicaragua grants duty-free treatment to most goods from other members, i.e. Costa Rica, El Salvador, Guatemala, and Honduras. 
19.2 Nicaragua belongs to the Association of Caribbean States (Asociacion de Estados del Caribe) established on 23 June 1993. Its objective is to settle a framework for flexible co-operation on issues such as economic integration trade, investment, transport, communications, science and technology and environmental protection. Apart from Caribbean island states, the Association comprises Colombia, El Salvador, Honduras, Mexico, Suriname and Venezuela. 

On 12 February 1993, Nicaragua together with Costa Rica, Honduras, El Salvador and Guatemala, signed in Caracas, Venezuela, with the presidents of the "Group of Three" member countries i.e. Colombia, Mexico and Venezuela, a framework agreement applicable as of  30 June 1993, for the establishment of a free zone in the sub-region. 
The Agreement provides for the elimiation of import duties on most products originating from member countries; import duties on most products will be eliminated within one to three years with respect to Central American products and within five to ten years for Colombian and Venezuelan products. Tariff reductions between Mexico and Central American countries will be agreed on a bilateral basis. The Declaration of Caracas, lays the foundation for a free trade zone between the Group of Three, Central America and the Caribbean.  A free-trade agreement signed on 16 April 1998 by Nicaragua, El Salvador, Costa Rica, Guatemala and Honduras with the Dominican Republic, came into force on 15 October 2001.

In December 1994, Nicaragua participated in the Summit of the Americas at which, heads of state from all coutries in the western hemisphere (except Cuba) agreed on a programme for a Free Trade Area for the Americas (FTAA) by the year 2005. 

After a meeting of deputy foreign ministers of Central America and Chile on 17 August 1998 in Santiago during the 2nd summit of the Americas held in Santiago, on 18 October 1999 in Guatemala City, the presidents of Nicaragua, El Salvador, Costa Rica, Guatemala, Honduras and Chili signed the definitive text of the free trade agreement between Chile and the Central America.

Nicaragua and other 23 countries from Central America and the Caribbean area, benefit from the CBI, the Caribbean Basin Initiative, a US programme, in force since 1984, it grants total exemption from import tariffs until 2008 for a wide range of goods originating in the CBI area, with the exception of the following goods: clothing and textiles (for which exists a special programme guaranteeing access to the american market for clothes made in the CBI); canned tuna, petroleum and petroleum products, footwear excepted disposable articles and shoe parts, some leather rubber and plastic gloves, certain leather garments, clocks and clock parts.

Relations between the CBI countries and the United States of America have been strengthened with the signature by President Clinton on 2 October 2000, of the Caribbean Basin Trade Partnership Act (CBTPA) which grants the countries of the Caribbean Basin, beneficial tariff rates and quotas in the USA, to textiles and apparel products assembled from U.S. fabrics excluded from the programme.

Nicaragua and the other Central American governments and Mexico signed in January 1991, the Tuxtla Gutiérrey Declaration with a view to establishing a free trade area. In August 1992, the same countries signed a Multilateral framework Agreement for a Trade Liberalization Programme. 

Nicaragua and other CACM parties signed a free trade agreement with the Dominican Republic in 1988. In addition Nicaragua with other CACM members are negotiating a trade agreement with the MERCOSUR i.e. Argentina, Brazil, Paraguay, Uruguay and associate members Bolivia and Chile. 

19.3 A free trade agreement is in force between Nicaragua and Mexico. Under the agreement, Mexico has eliminated duties and expanded quotas on goods imported from Nicaragua, while Nicaragua agreed to provide reciprocal treatment beginning in 2000. 

Nicaragua and Honduras are negotiating the establishement of a customs union by 2002. 

Nicaragua signed a co-operation agreement with the European Union in 1985, providing for mutual most-favoured-nation treatment, Economic cooperation, and increased European aid and Investment. 
A Free and Preferential Trade Agreement has been signed by Nicaragua and Colombia on 2 of March 1984.
Nicaragua-Panama Free and Preferential Trade Agreement was signed on 26 of July 1973.

2     PARA-TARIFF MEASURES
  

21 The following tariff increases are applied as of January 2002 on: yellow corn from 15% to 30%, paddy (with husk) rice from 20% to 35%; husked rice and semi-milled rice from 30% to 45%; and sorghum from 15% to 30%.
22.2 A fiscal stamp duty of 5% is levied on imported goods. 
22.9 The Temporary protection tariff (Arancel Temporal de Protection-ATP) consists of a variable surcharge levied on 780 imported tariff items by Resolution No. 3-93 (CE-IEX), adopted by the Council of ministers, and based on Transitory Article V of the Guatemala Protocol, giving Nicaragua permission to apply an ATP. The ATP was established in July 1994. 

When goods are classified at a higher rate of duty than is correct, a fine equivalent to 5% of the difference in customs duties will be applied; when goods are underclassified, a fine equivalent to 25% of the difference in customs duties will be applied. If the weight declared is lower than the actual weight by 10 percent or more, a fine will be levied equivalent to 25% of the difference in duties based on the correct and incorrect weight. 

Law No. 325 introducing taxes on goods and services coming from and originating in Honduras and Colombia, imposes a 35 per cent levy calculated on the basis of the sum of the c.i.f. value plus existing tariffs, on goods and services from those countries. 
A Municipal Tax is levied at the rate of 1% since 2000.


        Internal Taxes Levied on Imports
  

23.1 The General sales tax, Impuesto General al Valor (IGV) has been introduced in 1984, it is levied at a general rate of 15% since 4 June 1997, by Law 257. The IGV is calculated on the c.i.f. value plus all entry-related duties and fees; on domestic goods it is assessed on the total of the invoice value and other taxes. A reduced rate of 5% applies to grey cement. The following goods are exempt from the payment of the IGV: basic consumer goods such as live animals and fish, salt, eggs, meat in different forms, cane sugar, oil for human consumption, cereals and flours thereof, traditional types of bread of maize, sorghum, millet; rice, dried beans, soap, coffee, milk, gas, matches, toilet paper, some agricultural products of Article of Law 257; electricity up to 150kWh; medicaments and vaccines for human use as well as inputs and raw materials relating to their production; medical and surgical equipment, used furniture, animal feed, items for veterinary use, insecticides, fertilizers, seeds. 
23.2 A Specific Consumption Tax (IEC), or Impuesto Economico de Consumo, i.e. a consumption/luxury tax is calculated for domestically produced goods on the manufacture's price, and for imported goods on the C.I.F. value, except for alcoholic beverages and tobacco products, in which case the IEC is assessed on the price charged to the retailer.  It is applied since 1994 and is charged at rates ranging from 4% for certain types of motor vehicles to 100% for fuels.
Cars with large engines (greater than 4000cc) face an IEC tax of 25%, while vehicles with smaller engines are charged between 0% and 3%.
The tax affects mainly non-essential items including certain food items and preparations, textile items, footwear, transport equipment and parts. Exempt from the IEC are raw materials, intermediate goods, and capital goods necessary for the production process, as well as fuels used for electricity generation.  The IEC on domestically produced items is assessed on the producer price. 
The Tax Justice Law modified in April 2000 by the National Assembly has reduced nominal luxury taxes (IEC), bringing the levy of alcoholic beverages between 34 to 43%, cigars and cigarettes to 40%; the IEC on soft drinks to be levied at 9%, rum and liquor to 25%, and beers to 32%.
24 Tariffs and import taxes for most used goods are determined by the Customs according to reference price which can be higher than normal.

3     PRICE CONTROL MEASURES
  

31.1 A price band mechanism is in force since January 2002 for imports of yellow corn, paddy (with husk) rice, husked rice, semi-milled rice, rice mixed with broken, and sorghum.  The price ban mechanism aims at protecting domestic producers and consumers from world prices instability, and to expand regional trade.
34.2 Anti-dumping investigation against imports of corrugated iron or steel rods for construction from Costa Rica was initiated in July 1998 by MIFIC Resolution 001/98, published on 6 November 1998.
34.3 By Resolution No. 004/99 of 26 April 1999 the following price undertaking have been established at US$17.50 per pack of hard sweets (50x70), lolipops (50x38) and "vaquita de leche" sweets (50x60) all originating from Honduras.


4     FINANCE MEASURES
  

42 The exchange rate that consisted of the official exchange rate and the legal parallel exchange market, has been replaced by the new currency "cordoba nuevo".
41.9 Deposits equalling the tariffs and duties, made with Nicaraguan Customs (Direccion General de Aduanas), are returned to the importers within six months of entry, when the following items leave the country: laptop computers, business samples, professional equipment and exhibit materials.  In addition registered foreign investors are allowed to repatriate capital as their equipment and machinery.
43.2 Exchange transactions require approval from the central bank on the basis of priority criteria established in accordance with the sources of foreign exchange. Hence importers using their own foreign currency accounts are not required to obtain central bank approval or to reveal the sources of their funds. 
45 Payments for imports from outside the Central American region must be effected in the official foreign exchange market through the Central bank, and commercial banks. Transactions not eligible for official foreign exchange may be conducted through an authorized foreign currency account or with currencies acquired from exchange houses. 


5     AUTOMATIC LICENSING MEASURES
 
  

52.7 As of 1996, imports of cane sugar of CACM origin, wheat flour from El Salvador and Guatemala, ethyl alcohol from El Salvador and Costa Rica have been subject to surveillance by CACM Ministerial Resolution 24-96 (COMRIEDRE IV) of 22 May 1996, and in accordance with Annex A to the General Treaty on Central American Economic Integration. 


6     AUTOMATIC LICENSING MEASURES
 
  

61.1 The following goods are not included in the list of the Free Trade Agreement: unroasted coffee (0901.1), sugar (17.01),  (1701.11.00, 1701.91.00, and 1701.99.00);  petroleum products: (27.10, 27.12, 27.13 and 27.15). 

Therefore they are subject to import control measures and customs duty payment by acuerdo No. 348-96 of 30 August 1996. 

61.51/52 Importers effecting payments with currency obtained through the official market must be licensed by the Ministry of Economic and Development. The license requirement is waived for importers who use their own foreign currency accounts or who obtain foreign exchange in the free market. 
61.6 Permit is required for the importation of sugar.
61.71 A prior authorization is required from the Ministry of Health to import foodstuff and medicines.
61.74 The Ministry of Agriculture and the Ministry of Natural Resources regulate the importation of agricultural chemicals. 
61.78 Prior authorization from the Ministry of Government is necessary for the importation of firearms and explosives. 


       Prohibitions
  

63.71 Imports of animals, meat, milk, and milk products from Belgium are prohibited for reasons of foot-and-mouth disease. 
63.72 Imports of animals, meat, milk, and milk products from Belgium are prohibited for reasons of foot-and-mouth disease. 


8     TECHNICAL MEASURES 
 
  

81 There are no standards in place for manufactured and processed products. Only standards issued by the Central American Institute of Industrial Research and Technology are used as guidelines as well as standards issued by the ISO and the Codex Alimentarius. At present compulsory standards affect salt, sugar and flour. 
81.1 Registration requirements apply to the import of the following goods. medicinal products or pharmaceutical specialities with specific registered names for human or veterinary use; hygienic products with preventive or curative properties; spirits, wines, and other products containing alcohol; foodstuffs and beverages; dietetic products for preventing or curing nutritional deficiencies; cosmetic, perfumes, and other toilet articles; insecticides  and disinfectants for domestic use. 
Technical standard establishing requirement for pasteurized whole milk by relevant document NTON 03 034-00.
Nicaraguan Mandatory Technical Standard 03 0037-01 for Flour fortified with Iron.
81.11 Importation of all foodstuffs and beverages, including spirits, wines, and other products containing alcohol must be accompanied by a free sale certificate, samples of the product as it will be placed on sale, and additional sets of labels. The free sale certificate must show that the product complies with sanitary requirements for foodstuffs and beverages and that results of analysis are satisfactory. 
81.12 Each shipment of animals or animal products must be accompanied by a general certificate from a veterinary official of the country of origin. Specific health certificates are required for imports of live animals including pets.
81.13 Special imports requirement for plants, seeds and their packing materials; phytosanitary certificates may be required for fresh fruits and vegetables, plants and seeds.
81.14 Used sacks, empty or containing merchandise required a certificate of fumigation issued by the appropriate authorities of the country of origin. 
Nicaraguan Mandatory Technical Standard 05011-01 for the Environmental Control of Sanitary Landfills for Harmless Solid Waste, establishes the general and specific criteria, as well as the environmental and technical specifications and parameters, for the location, design, operation, maintenance and closure of facilities for the disposal of harmless solid waste in sanitary landfills.
81.3 Pharmaceutical products, mouthwashes and similar preparations should indicate their mode of use i.e. for use in mouth, internal or external use; labels on poisonous substances including insecticides and pesticides should bear the word "veneno" (poison), the name of substance or substances, and a skull and crossbones.   The label of goods must indicate the following information: Product orign, contents, price, weight, production and expiration dates, proper use and risk information.  In addition all information must be written in Spanish;  English for the Atlantic coast area, or the local indigenous language.
Record 005-99 of the Agreements and Resolutions of the National Committee on Standardization and Quality, lays down the requirements for the labelling of prepackaged foods for human consumption, whether produced domestically or abroad.
81.5 Entry inspection requirement for used/refurbished equipment to determine the age of the wear of the equipment.
81.6 With a consumer protection law enacted in 1995, labels must indicate the product's origin, contents, price, weight, production date, and expiration date. All information on the label must be in spanish.