Controlled chemical substances
- Document symbol
- G/LIC/N/3/MMR/1
- Original language
- English
- Published on
- 04/10/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The importer, who wants to import the controlled precursor chemicals, needs to get the recommendation letter from the Supervisory Committee for Controlled Precursor Chemical (SCCPC) under the Central Committee for Drug Abuse Control (CCDAC). Then, the importer shall apply the import license at the Department of Trade. The Department of Trade administers the approval of licensing or permit for all the imported products under the Export and Import Law (2012).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licensing system is required for the list in the tables of the United Nations Convention against Illicit Traffic in Narcotic rugs and Psychotropic Substances of 1988. In addition, the following controlled chemical substances shall be required to apply the license ("ex" indicated that only a part of the heading is covered):
| HS No. | Description of Goods |
|---|---|
| 2827.10 | Ammonium Chloride |
| 3102 | Ammonium Nitrate |
| 2939.30 | Caffeine |
| 2915 | Lead Acetate |
| 2921 | Methylamine/Methylamine Hydrochloride |
| 2915.29.10 | Sodium Acetate |
| 2837 | Sodium Cyanide |
| ex3301 | Safrole rich oil |
| 2918.12 | Tartaric Acid |
| 2812.17 | Thionyl Chloride |
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing is not intended to restrict the quantity or value of importation.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The licensing system is a statutory requirement of the rules on the supervision of Controlled Chemicals (2004), the Narcotic Drugs and Psychotropic Substances Law (1993), its amendment Law (2018) and the sub-section 4 (c), Sub-section 13 (b) under Export and Import Law (2012).
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The product cannot be imported without import license's approval. License cannot be obtained within a shorter time-limit and it may take 30 working days of processing time.
Q7.b. Can a licence be granted immediately on request?
The import license cannot be granted immediately upon request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Importers may apply for import approval in any time of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
For the application of license, there will be two administrative bodies: (1) Import recommendation from the Supervisory Committee for Controlled Precursor Chemical (SCCPC) and (2) Import License from the Department of Trade.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An application for a license may be refused if the requirements do not meet the ordinary criteria.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firm or institution which fulfils the legal requirements are equally eligible to apply import license. While importing the controlled precursor chemical, the importers must comply with the following:
- Pack the controlled precursor chemicals securely and label the package;
- Inform as early as possible to the SCCPC with any changes of the information; and
- Report immediately to the SCCPC for any damage, loss or undue shortage occurring during the shipment (en route).
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
An applicant shall apply the Import recommendation to the Supervisory Committee for Controlled Precursor Chemical (SCCPC) with the following documents;
- Applicant's company or organization;
- Copy of applicant's National ID or Passport;
- Type, Brand, amount, quantity, weight and name of precursor chemical meant for import;
- Manner of packaging and quantity of packages;
- Date of import, arrival date, name of customs port, customs aerodrome, border point of entry, the final destination of goods;
- Mode of transport such as vehicles, aircraft, train, and vessel to transport the controlled precursor chemicals;
- Name of foreign country, transit country, import date, name of customs port, customs aerodrome, and border point of entry;
- Payment system; and
- Numbers of importing time.
After receiving the approval of Import recommendation from the SCCPC, the importer shall apply the import license through trade net 2.0 online application systems of the Department of Trade under the Ministry of Commerce.
Q11. What documents are required upon actual importation?
The following documents are required upon actual importation;
- Recommendation letter issued by the SCCPC along with pre-shipment inspection certificate and purchase order or sale contract that submitted to the SCCPC;
- Import license or permit issued by DoT;
- Laboratory test result;
- Bill of lading (B/L);
- Packing List (P/L);
- Evidence of cash transfer;
- Value of goods; and
- Certificate of Country of Origin.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The license fee is 90,000 MMK for controlled chemical substances.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required in connection with the issue of licenses.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The Import licenses are valid for three months. Before the license expires, the importer can apply for an extension of the license with original and copy of import license/permit. The validity of license can be extended for two times; the first extension can valid for two months and the second one for one month.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilizing of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
In principle, there is no other condition attached to the issue of a license.