International Standards

Curaçao is located in the Caribbean Sea. Due to its geographical location, Curaçao has been traditionally used as the commercial base between Latin America, Europe and the United States. The country is the largest of the five islands that form the former Netherlands Antilles. Through its constitutional ties with the Netherlands, Curaçao enjoys preferential treatment with the European Union. The island is known for its excellent natural harbor and its political stability. Curaçao, being a small part of our globe offers many opportunities for multinational trade.  The Government of Curaçao has established a number of trade regulations which has to be respected by every importer or exporter. 

TAXES

Curaçao's trade has traditionally been dominated by oil and oil products. Main imports include food, machinery, transportation equipment and consumer goods. 

Excise tax duties are levied on beer, cigarettes, spirits and gasoline. For pharmaceuticals, pesticides, narcotics and psychotropic drugs, there are different import regulations. Live animals, meat and meat products are officially inspected and admitted to the market only after approval. 

The importers have to pay the following taxes before importing the following products on the Curaçao's market:

Duty Rate of  9%:

- motor vehicles (with exception of motor vehicles used for public); 

- transportation and motor vehicles used by police, firefighters and ambulance);

- yachts and recreational and sporting boats; 

- food prepared and suitable for immediate consumption;

- soft drinks with exception of fruit juices;

- alcoholic beverages;

- tobacco products;

- digital equipment for the storage of films, games and similar data;

- mobile phones and other means for communication;

- weapons and ammunition, fireworks.

REQUIRED DOCUMENTATION

The following documentation is required for goods imported into Curaçao:

- Commercial Invoice; 

- Bill of Lading;

- Phytosanitary or health certificate where required;

- Customs Declaration.

LABELING AND PACKAGING REQUIREMENTS

Labeling requirements are based on European laws. However, Curaçao accepts the international food labels and for the most part does not restrict international products because of labeling issues. There are no special requirements for sample–size products or institutional packed product for the food service sector. 

The following information is generally required:

- Name and brand of product;

- Country of origin; 

- Name and address of the manufacturer;

- List of ingredients (including salt) and additives; 

- Nutrition and caloric value; 

- Allergenic ingredients and allergenic processing aids (gluten, soybean, peanuts, etc); 

- Net weight/volume (metric system); 

- Expiration date/shelf life; 

- Shelf life (if the product has a shelf life of less than three months, it must include the day/month/ year of expiration); 

- Products containing GMO s must be labeled accordingly.

Curaçao has no major regulations dealing with food packaging that restrict trade of international products in any way. The Food Act simply specifies that packaging for food products must not be harmful to humans. 

TRADEMARK LAW

The Bureau of Intellectual Property of Curaçao (formerly of the Netherlands Antilles) is the agency which enables right holders to exercise their intellectual property rights in both Curaçao and Sint Maarten in accordance with national and international standards. The Bureau carries out the National Trademark Ordinance (National Gazette 1996, No. 188) and the National Trademark Decree (National Gazette 2000, No. 147). Trademark registration, which is voluntary, is a rather simple procedure and is normally carried out by an agent authorized by the Bureau. Registration affords trademark protection for a 10 year period and is renewable, upon request, for periods of 10 years. To carry out a search of registered trademarks and to obtain a list of authorized agents and registration fees, the international companies can contact the Bureau.

Registrable trademarks 

As trademarks may be registered words, including personal names, drawings, prints, seals, letters, numerals, shapes of goods or their packaging and all other signs that may serve to distinguish the goods or services of an enterprise, provided they are not excluded from protection and registration by law. Shapes determined by the nature of the goods, that influence the actual value of the goods, or that yield a result in the industrial field, cannot be regarded as trademarks. 

Trademarks of imported goods may be registered in relation to goods which are going to be placed on the local market. 

Non registrable trademarks 

The following trademarks are not registrable: 

1. trademarks that lack any distinctive character; 

2. trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin or time of production of the goods or of rendering of the services, or which have become customary in a current language of Curaçao, being Papiamentu, Dutch, English and Spanish, or in the bona fide and established practices of the trade in Curaçao; 

3. trademarks being contrary to morality or public order irrespective of the use that is made thereof; 

4. trademarks consisting of or containing without authorization by the competent authorities, armorial bearings, flags or any other state emblems of any of the countries which are party to the Paris Convention, or official signs and hallmarks indicating control and warranty adopted by those countries, provided the trademark is intended to be used for goods identical or similar to those in respect of which control and warranty is indicated, or any imitation of these from a heraldic point of view; 

5. trademarks consisting of or containing without authorization by the competent authorities, armorial bearings, flags, other emblems, abbreviations and names of international intergovernmental organizations of which one or more countries which are party to the Paris Convention are members, or any imitation thereof from a heraldic point of view;

6. trademarks of which the registration is applied for in respect of goods or services for which the use thereof could lead to deceit of the public. 

IMPORT PROCEDURE

Customs clearance is normally handled by a Customs broker. Upon presentation of normal import documentation, the shipment is reviewed and if accepted it is entered into the Customs Department electronic system. Import documentation is accepted in Dutch and Papiamento, as well as in English and Spanish. However, the Customs declaration must be in Dutch. Duty is paid directly to the Customs Department. For disputed or rejected product, there is a formal appeal process which allows the importer to make an appeal directly with Customs. The length of time for clearance depends on various factors, such as, the number of container ships arriving at the same time, how quickly they can be unloaded and when they are transported to the importer. Perishable goods have priority and usually are cleared within one day. Dry goods can be cleared within 2 days.

CONTACTS

Curaçao Chamber of Commerce and Industry 

Kaya Junior Salas 

1 P.O.Box 10 CURAÇAO, NETHERLANDS ANTILLES 

Tel: (5999) 461-1451/3918 

Fax: (5999) 461-5652 

Email: businessinfo@curacao-chamber.an  

Website: www.curacao-chamber.an  

Customs Office 

Sha Capriles Kade z/n 

CURAÇAO,NETHERLANDS ANTILLES 

Tel: (599-9) 434-5300 

Fax: (599-9) 461-6557 

E-mail: duanena@curinfo.an