MONTREAL PROTOCOL [CH.216A – 1

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

MONTREAL PROTOCOL (IMPORT/EXPORT LICENSING SYSTEM OF CONTROLLED

SUBSTANCES) REGULATIONS

MONTREAL PROTOCOL LIST OF AUTHORISED PAGES 1 - 32 LRO 1/2010

ARRANGEMENT OF SECTIONS

SECTION

1. Citation. 2. Interpretation. 3. Prohibition of importation of controlled substances in certain

items. 4. Prohibition of importation of certain vehicles. 5. Registration of importers or exporters of a controlled

substance. 6. Issuance of a licence. 7. Revocation of a licence. 8. Appeals. 9. Shipment of controlled substances. 10. Labelling of containers. 11. Record keeping and reporting. 12. Power of Comptroller of Customs. 13. Illegal imports. 14. Offences.

[CH.216A – 2 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL (IMPORT/EXPORT LICENSING SYSTEM OF CONTROLLED

SUBSTANCES) REGULATIONS

(SECTION 10) [Commencement – 16th October, 2008]

1. These Regulations may be cited as the Montreal Protocol (Import/Export Licensing System of Controlled Substances) Regulations.

2. In these Regulations — “a controlled substance” means a substance

listed in Annex A, B, C or E of the Montreal Protocol and listed in the Second Schedule;

“Director” means the Director of the Department of Environmental Health Services;

“Minister” means the Minister responsible for Environmental Control;

“the Montreal Protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer.

3. (1) No person shall import any of the following items containing a controlled substance found in Annex A and Group I of Annex B in the Second Schedule —

(a) domestic, commercial and industrial refrigerators, freezers, air-conditioning systems, de- humidifiers, water coolers, ice-machines and heat pumps;

(b) low and high pressure centrifugal chillers; (c) fixed and portable fire extinguishers; (d) rigid and flexible foam insulation including

insulation boards, panels and pipe covers; (e) flexible furniture or vehicular foams; (f) automobile, tractor and truck airconditioning units

(whether incorporated in vehicles or not); (g) refrigerated containers; and (h) pre-polymers.

S.I. 77/2008

Citation.

Interpretation.

Second Schedule.

Prohibition of importation of controlled substances in certain items.

Second Schedule.

MONTREAL PROTOCOL [CH.216A – 3

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(2) Paragraph (1) shall not apply to any air carrier containing a fixed or portable fire extinguisher for the purpose of fire fighting on an aircraft.

(3) No person shall import a compressed can containing a controlled substance without a valid licence.

4. (1) No person shall import a new or used vehicle that contains an air-conditioning system with a controlled substance.

(2) Any person who imports a new or used vehicle that does not contain an air-conditioning system shall not knowingly permit a new or used airconditioning system to be installed with a controlled substance.

(3) For the purposes of this regulation “vehicle” means a motor vehicle or vessel; “vessel” means any ship or boat and any description of vessel in navigation.

5. (1) No person shall — (a) import or export for retail or wholesale purposes

a controlled substance; or (b) sell or service any container or equipment that

contains, a controlled substance, unless that person is registered with the NOU in accordance with Form 1A or Form 1B of the First Schedule.

(2) For the purposes of these Regulations, a controlled substance is contained in any one of the following forms —

(a) pure and mixed controlled substances; (b) all isomers of the controlled substance except for

1, 1, 2 trichloromethane; (c) virgin, used, recycled and reclaimed controlled

substances; (d) jointly packed with any other product or

equipment.

(3) A person who registers under paragraph (1) shall —

(a) provide information on all previous imports or exports of each controlled substance from the date of the commencement of these Regulations to the present year with any supporting documents in accordance with Forms 2, 3 & 4 of the First Schedule;

Prohibition of importation of certain vehicles.

Registration of importers or exporters of a controlled substance.

Form 1A or 1B First Schedule.

Forms 2, 3 & 4 of First Schedule.

[CH.216A – 4 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) state the purpose for which the controlled substance is imported or exported;

(c) state the chemical composition of any mixture that contains a controlled substance by weight;

(d) submit the name of the agent or broker who is authorized to act on the importer's or exporter's behalf; and

(e) produce evidence of participation in — (i) the United Nations Environment Programme

Recovery and Recycling Workshop or Good Practices in Refrigeration Training Workshop; or

(ii) approved refrigeration management course with The Bahamas Technical and Vocational Institute.

(4) The NOU shall give a decision on the registration of every importer and exporter in accordance with Form 5 of the First Schedule.

6. (1) Any registered person who is desirous of importing or exporting a controlled substance specified in the Second Schedule shall make application to the Minister for a licence in accordance with Form 6 of the First Schedule.

(2) No person shall import any controlled substance from or export such substance to a country that is not a party to the Montreal Protocol as listed in the Fourth Schedule.

(3) The Minister may on the recommendation of the NOU grant a licence as prescribed in Form 7 of the First Schedule on the payment of the prescribed fee set out in the Third Schedule and subject to any conditions that the Minister thinks fit.

(4) Every licence granted under paragraph (3) is valid for the year in which it is issued and expires on the 31st day of December of that year.

(5) The Minister may renew a licence upon application no later than the 31st day of October in accordance with Form 6 of the First Schedule and on payment of the prescribed fee, acting on the recommendation of the NOU.

Form 5 of First Schedule.

Issuance of a licence.

Second Schedule. Form 6 of First Schedule.

Fourth Schedule.

Form 7 of First Schedule.

Third Schedule.

MONTREAL PROTOCOL [CH.216A – 5

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(6) Where an importer or exporter of controlled substances does not intend to import or export for a given year, that importer or exporter shall —

(a) notify the NOU in writing; and (b) pay a minimum fee of twenty-five dollars.

(7) The Minister shall issue to every person granted a licence a Licence Booklet which shall —

(a) have recorded on it the total quota of controlled substances permitted by that licensee for a given year;

(b) contain the total amount of controlled substances imported in or exported from The Bahamas in respect of every shipment; and

(c) maintain a balance of the quota available after each shipment.

(8) A person desirous of increasing a stipulated quota may apply in writing to the NOU within six months of the date of the grant of the licence.

(9) Notwithstanding paragraph (7), the Minister may —

(a) on the recommendation of the NOU increase any given quota stipulated in a licence; or

(b) where he finds it necessary so to do, decrease any given quota stipulated in a Licence Booklet based on the country's consumption of controlled substances for a given year.

7. (1) The Minister may, on the recommendation of the NOU revoke a licence if a licensee —

(a) exceeds a quota stipulated in the licence; (b) imports or exports a controlled substance not

authorized by the licence; (c) breaches any of the provisions of these

Regulations.

(2) The Minister on the recommendation of the NOU shall notify a licensee in writing within seven days of his reasons for revoking the licence.

(3) A controlled substance imported or exported in contravention of these Regulations shall be detained by the customs department.

Revocation of a licence.

[CH.216A – 6 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

(4) Where a controlled substance has been detained under paragraph (3), the Comptroller of Customs shall request the Director to assign an officer of the Department of Environmental Health Services to —

(a) dispose of the substance as directed by the Minister on the recommendations of the NOU and without causing pollution of the environment or harm to human health or to the health of animals or plants or otherwise;

(b) remove or cause to be removed the substance from The Bahamas at the expense of the importer; or

(c) condemn the substance.

8. (1) A licensee may appeal a decision made under regulation 7(1) to the Minister for review of the decision.

(2) Where the Minister upholds the decision of the NOU, the licensee may appeal the decision to the Supreme Court.

9. (1) A licensee who imports or exports a shipment that contains a controlled substance shall —

(a) make a request to the NOU for clearance of the goods as specified in Part A of Form 9 of the First Schedule;

(b) obtain approval for the shipment from the NOU as specified in Part B of Form 9 of the First Schedule; and

(c) produce to a customs officer at the port of entry or departure detailed documentation of the shipment in compliance with regulations made pursuant to the Customs Management Act and in Part B of Form 9 of the First Schedule.

(2) An authorized agent acting on behalf of a licensee must produce to the customs officer written authorization by the licensee permitting that agent to clear a shipment.

(3) Where any shipment in-transit — (a) containing controlled substances; or (b) carrying equipment containing controlled

substances, stops at a port of entry in The Bahamas, that shipment shall not remain in The Bahamas for a period exceeding thirty days

Appeals.

Shipment of controlled substances.

Form 9, First Schedule.

Form 9, First Schedule.

Ch.293. Form 9, First Schedule.

MONTREAL PROTOCOL [CH.216A – 7

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

unless the necessary authorization is granted for an extension by the relevant authority.

(4) Where a shipment exceeds the maximum period referred to in paragraph (3), the importer shall be required to pay to the Department of Customs a retention fee of fifty dollars per day unless the whole or part of such fee has been waived by the Minister responsible for revenue.

10. (1) A person that imports or exports a container, pallet or similar storage item containing a controlled substance shall ensure that such container, cylinder or other similar storage item is properly labeled with the name, address and licence number of the importer.

(2) Every container, pallet or similar storage item shall also have clearly marked on it in English —

(a) the content of the controlled substance including the chemical formula;

(b) a customs harmonized system of tariffs code number; and

(c) if the controlled substance is a mixture, the chemical composition of the mixture, along with the percentage of each chemical by weight.

11. (1) Every licensee shall keep accurate records of all imports and exports of controlled substances by that licensee for a minimum period of five years.

(2) Every licensee shall produce to the NOU before the 31st day of December in every year an annual report stating —

(a) the actual quantities of controlled substances imported or exported;

(b) the actual quantities of controlled substances sold; and

(c) the name and certification card number of all purchasers of any container, pallet or similar storage item containing a controlled substance and the intended use of that item.

(3) No person shall be granted a renewed licence if that person fails to comply with this regulation.

12. (1) The Comptroller of Customs shall cause a customs officer —

(a) to make such examination and investigation as

Labelling of containers.

Record keeping and reporting.

Power of Comptroller of Customs.

[CH.216A – 8 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

may in any circumstances be necessary; (b) to take such measurements and photographs and

make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (a);

(c) to take samples of any articles or substances found in or on any premises which he has power to enter;

(d) in the case of any article or substance found in or on any premises which he has power to enter being an article or a controlled substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health or to the health of animals or plants, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);

(e) in the case of any article or substance as is mentioned in paragraph (c), to be seized and detained for so long as is necessary for all or any of the following purposes, namely to — (i) examine it and do to it anything which he has

power to do under that paragraph; (ii) ensure that it is not tampered with before his

examination of it is completed; (iii) ensure that it is available for use as evidence

in any proceedings for an offence under regulation 14;

(f) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (a) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorized person may allow to be present) such questions as the authorized person thinks fit to ask and to sign a declaration of the truth of his answers;

MONTREAL PROTOCOL [CH.216A – 9

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(g) to require the production of, or where the information is recorded in computerized form, the furnishing of extracts from, any records which it is necessary for him to see for the purpose of any examination or investigation under paragraph (a) and to inspect and take copies of, or of any entry in, the records, provided that the customs officer is accompanied by a person authorized by the Director and a member of the NOU.

(2) Where a customs officer suspects that a person is attempting to import or export a controlled substance under a misrepresented harmonized system of tariffs, that officer shall —

(a) inform the NOU of his suspicions; and (b) where that officer is satisfied that an offence has

been committed, immediately report the matter to the police.

(3) The Comptroller of Customs shall cause a monthly report to be prepared stipulating —

(a) the names of all persons importing or exporting controlled substances and the quantities imported;

(b) the location or port of entry; and (c) the chemical name(s) of the controlled substance.

13. Where controlled substances are imported into The Bahamas illegally —

(a) such substances shall — (i) be stored at a place directed by the Minister

on the recommendation of the NOU; or (ii) be sold to an importer registered with the

NOU, which will be calculated as a part of that importer's authorized quota; and

(b) the equipment in which the controlled substances were imported shall be retrofitted before release.

14. Any person who — (a) imports or exports a controlled substance without

authorization; (b) knowingly supplies information that is false in

material particular for obtaining a licence under these Regulations;

Illegal imports.

Offences.

[CH.216A – 10 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

(c) intentionally obstructs a customs officer in the exercise of his powers under these Regulations;

(d) contravenes, or causes or permits another person to contravene any of these Regulations,

commits an offence.

MONTREAL PROTOCOL [CH.216A – 11

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 12 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 13

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 14 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 15

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 16 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 17

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 18 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 19

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 20 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 21

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 22 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 23

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 24 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 25

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 26 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 27

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 28 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

Where a range of ODPs is indicated, the highest value in that range shall be used for the purposes of the Protocol. The ODPs listed as a single value have been determined from calculations based on laboratory measurements. Those listed as a range are based on estimates and are less certain. The range pertains to an isomeric group. The upper value is the estimate of the ODP of the isomer with the highest ODP, and the lower value is the estimate of the ODP of the isomer with the lowest ODP. This identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the Protocol.

MONTREAL PROTOCOL [CH.216A – 29

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 30 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010

MONTREAL PROTOCOL [CH.216A – 31

LRO 1/2010 STATUTE LAW OF THE BAHAMAS

[CH.216A – 32 MONTREAL PROTOCOL

STATUTE LAW OF THE BAHAMAS LRO 1/2010