Exporting from Cyprus: Overview | Practical Law

Exporting from Cyprus: Overview | Practical Law

A Q&A guide to exporting from Cyprus.

Exporting from Cyprus: Overview

Practical Law Country Q&A w-040-0350 (Approx. 10 pages)

Exporting from Cyprus: Overview

by Christina McCollum, Anastasios A Antoniou, and Ifigenia Iacovou, Antoniou McCollum & Co.
Law stated as at 01 Jul 2023Cyprus
A Q&A guide to exporting from Cyprus.
This Q&A provides a high-level overview of the key matters to consider when exporting from Cyprus, including recent trends affecting export regulations, export controls and requirements, trade sanctions, and foreign trade barriers.

Recent Trends

1. What are the recent trends affecting the regulation of exports and imposition of sanctions in your jurisdiction? Are there impending developments or proposals for reform affecting export control and sanctions regulations?
Cyprus is an EU member state and is predominantly a hub for acquisition and project financing, holding investments and assets worldwide, and establishing EU headquarters and alternative investment funds. Cyprus' strategic position as an investment and asset management centre is enhanced by more than 60 double tax treaties and benefits from the legal certainty conferred by its common law-based legal system.
The Cyprus shipping sector is a strong contributor to the economy. Cyprus hosts the largest ship management hub in the EU, its ship registry ranking third in the EU and tenth globally.
International trade is on the rise, solidifying Cyprus' position as a regional transactional hub. More than half of Cyprus' trade in goods is within the EU. Its main domestic export commodities are pharmaceuticals, photosensitive devices, and food products. Its three leading import partners are Greece, Israel, and the UK. Cyprus imports most of its machinery, chemical, vehicles, iron, and steel requirements. The discovery of hydrocarbons in Cyprus' exclusive economic zone is expected to decrease the island's dependence on energy imports and should enable it to export natural gas.
Cyprus affords investors with a reliable common law system and a regulatory environment that is fully compliant with the US Foreign Account Tax Compliance Act and rules and standards adopted by:
  • The EU.
  • The Financial Action Task Force on Money Laundering.
  • The Organisation for Economic Co-operation and Development (OECD).
  • The Financial Stability Forum.

Export Controls

2. What is the main legislation governing export regulations and controls in your jurisdiction?
Exports from Cyprus are mainly governed by:
  • The Imports and Exports of Controlled Goods and the Conduct of Controlled Activities Law of 2011 (Law 1(I)/2011).
  • Other EU regulations that govern exports of specific goods (such as dual-use items and hazardous chemicals).
The export procedure under Article 269 of the UCC is mandatory (subject to a few exceptions) for EU goods leaving the EU customs territory. All goods to be placed under the export procedure must be covered by a customs declaration. These goods must be subject to customs supervision from the time of acceptance of the declaration until they are taken out of the customs territory, are abandoned to the state concerned, are destroyed, or the customs declaration is invalidated.
3. What authority (or authorities) are responsible for administering and enforcing export regulations and controls in your jurisdiction?
The Customs and Excise Department of the Ministry of Finance (Customs Department) is responsible for enforcing export regulations and controls. The competent customs offices are those of the districts of Nicosia, Limassol, Larnaca, and Paphos.
4. Are certain categories of goods subject to non country-specific export controls?
The export of certain goods is prohibited. As a general rule, goods subject to an import prohibition cannot be exported. Imports of the following products (among others) are prohibited:
  • Weapons and firearms that are not permitted under the Firearms and Non-Firearms Law of 2004 (Law 113(I)/2004, as amended).
  • Flick and double-edged knives.
  • Narcotic drugs, psychotropic substances, and other controlled pharmaceuticals.
  • Counterfeit banknotes.
  • Automatic tobacco vending machines.
  • Certain goods used for illegal hunting.
  • Goods shipped or originating from countries or areas subject to an embargo under decisions of the UN Security Council or the EU (such as Crimea and Russia).
The export of certain goods is subject to specific restrictions and controls, including export licensing or certification requirements, depending on the nature and use of the goods. These goods include:
  • Arms, military equipment, and dual-use items.
  • Certain items that can be used for the imposition of capital punishment, torture, or other cruel, inhuman, or degrading treatment or punishment.
  • Waste (dangerous and non-dangerous).
  • Cultural property.
An export licence may also be required for the export of textile and steel products.
5. What is the procedure for applying for an export licence if one is required?
Export licences are issued by the Export Licencing Section of the Ministry of Energy, Commerce and Industry.
Applications for export authorisations/licences must be submitted to the Minister of Energy, Commerce and Industry on a prescribed form, depending on the type of licence required. The application must include all necessary and relevant documents, including commercial documents (sales contract, order confirmation, invoice, technical specifications, and so on). The applicant must also promptly provide any information or documents deemed necessary by the Minister.
The Minister may also require an application to include:
  • An International Import Certificate or End-User Certificate.
  • A solemn declaration by the applicant that they will provide the Minister, within a specified time from the date of export, evidence, duly verified by the authorities of the country of destination, certifying that the controlled item has reached the declared country of destination (post-shipment control).
  • A solemn declaration by the applicant that the destination of the controlled item will not change.
  • When the applicant or any person involved in the transaction is a legal entity, a certificate of incorporation and a list of shareholders, partners, members, and directors.
Following examination of the application, the Minister can accept or reject the application, or issue the licence subject to specific conditions.
6. Can the administering authority's denial of an export licence be challenged?
Decisions of Cyprus public authorities are administrative executive acts subject to judicial review under Article 146 of the Constitution of the Republic of Cyprus. An aggrieved party having a legitimate interest and seeking to annul the decision of a public authority can file an administrative recourse application with the Administrative Court.
7. What are the consequences of non-compliance with export controls in your jurisdiction?
Non-compliance with export restrictions under EU law can constitute a criminal offence under the Criminal Code, punishable by either a monetary fine or a maximum of two years' imprisonment.
The Customs Code sets out a series of customs offences and the relevant penalties. Relevant offences include the following:
  • Any person involved in a fraudulent evasion of customs duties, including on behalf of another person, is guilty of a criminal offence punishable by a fine of up to three times the value of the goods or imprisonment for up to five years, or both.
  • The provision of false information under customs legislation is a criminal offence punishable by a fine of up to EUR85,000 or imprisonment for up to five years, or both.
  • Any person who omits, refuses, or neglects to pay the Director of the Customs Department, within ten days following receipt of a notice, any amount of duty payable under customs legislation or any charges or interest imposed in accordance with the Customs Code, is guilty of a criminal offence punishable by a fine of up to EUR10,000 or imprisonment for up to two years, or both.
  • A person failing to comply with prohibitions or restrictions under customs or other legislation is guilty of a criminal offence punishable by a fine of up to EUR10,000 or imprisonment for up to five years, or both.
  • Unless otherwise provided under the Customs Code, any person in breach of other customs regulations is guilty of a criminal offence punishable by a fine of up to EUR10,000 or imprisonment for up to three years, or both.
If a legal entity committed the offence, its directors are also liable for the offence and corresponding penalties.
In addition, specific sanctions apply for non-compliance with the requirements of the Imports and Exports of Controlled Goods and the Conduct of Controlled Activities Law of 2011 (Law 1(I)/2011)). A person is guilty of a criminal offence punishable by a fine of up to EUR100,000 or imprisonment for up to three years, or both, if they:
  • Export or attempt to export a controlled good in breach of any export prohibition or restriction.
  • Breach the conditions of their licence or submit false information to obtain a licence.
  • Hide, destroy, or forge information, data, or other documents, or provide false or inaccurate information.
  • Refuse to provide information, data, or other documents in the context of an investigation.
Regardless of whether a person has exported or attempted to export a controlled good in breach of any export prohibition, a person omitting to present an export licence is guilty of a criminal offence punishable by a fine of up to EUR7,000 or imprisonment for up to one year, or both.
8. Is there a procedure to file a voluntary self-disclosure of a violation to limit penalty exposure?
There is no procedure to file a voluntary self-disclosure of a violation under Cyprus law.
9. Can the administering authority's imposition of a penalty be challenged?
The Customs Code sets out an internal review procedure. A request for review of a decision of the Customs Department can be filed with the Director of the Department. An intra-department hierarchical review of a decision is also available under certain laws that provide for the imposition of export prohibitions or restrictions.
Decisions of Cyprus public authorities are administrative executive acts subject to judicial review under Article 146 of the Constitution of the Republic of Cyprus. An aggrieved party having a legitimate interest and seeking to annul the decision of a public authority can file an administrative recourse application with the Administrative Court.
10. What types of restricted/denied party lists does the administering authority maintain?

Sanctions

11. What is the main legislation governing sanctions in your jurisdiction?
Cyprus is bound by EU legislative instruments enacted under Article 215 of the Treaty on the Functioning of the European Union (TFEU), and decisions adopted in the framework of the Common Foreign and Security Policy that impose trade restrictions on third countries. Cyprus must support the EU's external and security policy actively and unreservedly, and comply with corresponding EU actions.
Sanctions and restrictive measures applicable under EU law and implemented by Cyprus are published in the Official Journal of the EU and can be accessed on the website of the EU's External Action Service.
Sanctions of the UN Security Council adopted in resolutions passed under Chapter VII of the Charter of the United Nations (UN Charter) are binding on all UN member states. Cyprus implements binding UN Security Council resolutions through the relevant decisions and regulations of the European Council.
12. What authority (or authorities) are responsible for administering and enforcing sanctions in your jurisdiction?
The Customs Department is responsible for enforcing sanctions in Cyprus.
The Financial Sector Sanctions Enforcement Unit of the Ministry of Finance is responsible for examining petitions to conduct financial transactions affected by UN and EU sanctions.
13. What are the different types of sanctions that can be implemented by your jurisdiction?
Under Chapter VII of the UN Charter, the Security Council can take action to maintain or restore international peace and security. Sanctions include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations (Article 41, Chapter VII, UN Charter). The EU implements UN sanctions.
The EU implements two main types of sanctions:
  • Sectoral embargoes that target products because of their strategic nature.
  • Asset freezes and prohibitions to trade with persons specifically named in periodically updated lists (see Question 19).
The EU Sanctions Map provides comprehensive details of all EU sanctions regimes and the corresponding legal acts.
14. What is the procedure for applying for a licence to conduct an otherwise sanctioned transaction?
See Question 5 for information on the procedure to obtain licences for the export of controlled items.
To obtain a licence to conduct a transaction that would otherwise be prohibited by UN or EU sanctions, a person must submit a petition (in the prescribed form) to the Financial Sector Sanctions Enforcement Unit of the Ministry of Finance.
15. Can the administering authority's denial of a licence be challenged?
Decisions of Cyprus public authorities are administrative executive acts subject to judicial review under Article 146 of the Constitution of the Republic of Cyprus. An aggrieved party having a legitimate interest and seeking to annul the decision of a public authority can file an administrative recourse application with the Administrative Court.
16. What are the consequences of non-compliance with sanctions in your jurisdiction?
17. Is there a procedure to file a voluntary self-disclosure of a violation to limit penalty exposure?
There is no procedure to file a voluntary self-disclosure of a violation under Cyprus law.
18. Can the administering authority's imposition of a penalty be challenged?
Decisions of Cyprus public authorities are administrative executive acts subject to judicial review under Article 146 of the Constitution of the Republic of Cyprus. An aggrieved party having a legitimate interest and seeking to annul the decision of a public authority can file an administrative recourse application with the Administrative Court.
19. What types of restricted/denied party lists does the administering authority maintain?
The EU maintains:
For more information, see the EU Sanctions Map.

Foreign Trade Barriers

20. Is there a procedure for local exporters to request that the government takes action against foreign trade barriers that are inconsistent with WTO rules or other trade agreements?
Any trader can complain to the Government of Cyprus against foreign trade barriers that are contrary to the WTO or other trade agreements, whether concluded by Cyprus or the EU.
Additionally, the Trade Barriers Regulation ((EU) 2015/1843) sets out the procedure to request the initiation of a multilateral action against violations of international trade rules, primarily WTO law. Any EU enterprise or association, or any natural or legal person acting on behalf of an EU industry, can lodge a complaint if they consider that they have suffered injury as a result of obstacles to trade that have an effect on the EU market, asking the European Commission to initiate an examination procedure. Member states can also ask the European Commission to initiate this procedure. Following the examination procedure, the European Commission may seek to settle the dispute through bilateral contacts or by initiating dispute settlement proceedings.

Contributor Profiles

Christina McCollum, Partner

Antoniou McCollum & Co.

T +357 22053 333
F +357 22053 330
E [email protected]
W www.amc.law
Professional qualifications. Solicitor, England and Wales; Member of the Law Society of England and Wales; Advocate, Cyprus; Member of the Cyprus Bar Association
Areas of practice. Commercial transactions; corporate law; data protection; contract law.
Non-professional qualifications. LLB (Hons), UCL (University College London); LPC, College of Law, Moorgate (London)

Anastasios A Antoniou, Partner

Antoniou McCollum & Co.

T +357 22053 333
F +357 22053 330
E [email protected]
W www.amc.law
Professional qualifications. Advocate, Cyprus; Member of the Cyprus Bar Association
Areas of practice. Regulatory; competition law; commercial litigation; investment arbitration.
Non-professional qualifications. London School of Economics; Kingston University
Languages. English, Spanish, Greek
Professional associations/memberships. Cyprus Bar Association; European Competition Lawyers Forum.

Ifigenia Iacovou, Senior Associate

Antoniou McCollum & Co.

T +357 22053 333
F +357 22053 330
E [email protected]
W www.amc.law
Professional qualifications. Advocate, Cyprus
Areas of practice. Regulatory; competition law; customs law; administrative law.
Non-professional qualifications. LLB (Hons), University of Surrey; LLM in Commercial and Corporate Law, Queen Mary University of London; Diploma in International Commercial Arbitration (DipICArb), Queen Mary University of London
Languages. English, Greek
Professional associations/memberships. Cyprus Bar Association.