Hazardous Substances
- Document symbol
- G/LIC/N/3/MAC/27
- Original language
- English
- Published on
- 19/12/2024
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 import and export of hazardous substances to and from Macao, China are regulated by Administrative Regulation No. 28/2003, as amended by Administrative Regulation No. 27/2023, which provides that Fire Services Bureau is responsible for managing and issuing import licences for certain hazardous substances.
The Fire Services Bureau is responsible for issuing import licences for the hazardous substances given in Group H of Table B in the Annex of Chief Executive's Decision No. 110/2023, as supplemented to Table B in Annex II of Chief Executive's Decision No. 209/2021.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import licensing system covers all the goods listed in Group H of Table B in the Annex of Chief Executive's Decision No. 110/2023, as supplemented to Table B in Annex II of Chief Executive's Decision No. 209/2021.
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies to the above-mentioned goods originating from all countries and territories outside Macao, China.
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 purpose of the import licensing system is to ensure public safety and enhance the management and monitoring of the above-mentioned hazardous substances in Macao, China.
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 import licensing system is statutorily provided under Law No. 7/2003 as amended by Law No. 3/2016 and Law No. 12/2022, Administrative Regulation No. 28/2003 as amended by Administrative Regulation No. 27/2023, and Chief Executive's Decision No. 209/2021 as amended by Chief Executive's Decision No. 110/2023, for the issuance of licences for the import of the relevant goods. The legislation does not leave designation of products to be subjected to licensing to administrative discretion. Legislative approval or Chief Executive's Decision is required before any changes are made to the existing system.
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)?
An application for an import licence must be submitted at least three working days prior to importation.
Q7.b. Can a licence be granted immediately on request?
No. A licence cannot be granted immediately on 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.
There is no limitation as to the period of the year during which application for licence and/or importation may be submitted.
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?
Fire Services Bureau is the sole administrative organ responsible for issuing licences for import of the above-mentioned goods.
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 an import licence will not be refused if the ordinary criteria are met. When an application for an import licence is refused, the reasons for refusal are always given to the applicant, who has the right to file a judicial appeal, according to Law No. 7/2003.
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 natural or legal persons, who comply with Article 11 of Law No. 7/2003 as amended by Law No. 3/2016, are eligible to apply for licences.
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?
Import Licence Form (as attached in Annex C) under External Trade Law, Supplementary Information Sheet for Import and Export Licences issued by Fire Services Bureau, Hazardous Substances Safety Data Sheet, Registration for Controlled External Trade Operations and, if any, other supporting documents (such as letter of entrustment, declaration, etc). If the goods are the hazardous substances listed in Chief Executive's Decision No. 109/2023, a Transhipment Activity Licence is also required.
Q11. What documents are required upon actual importation?
Only valid import licences have to be presented upon actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No administrative fee is charged for the issuance of import licences.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A licence is valid for 20 days from the day of issuance, though the licensing entity may specify the expiration date on the licence. There is no procedure in the system to extend the validity of a licence.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of an import licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licences are non-transferable and non-negotiable.
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?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other administrative procedures are required prior to importation.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
There is no foreign exchange control.