Refrigerators

Document symbol
G/LIC/N/3/TLS/1
Original language
English
Published on
18/11/2025

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.

Timor-Leste State Secretary for Environment is responsible to provide licenses for refrigerators.

All goods imported into Timor-Leste must comply with the rules established in the Customs Code (Decree-Law No.  14/2017 of 5 April 2017. This Code establishes all the rules from the arrival of the goods to the customs territory until their customs clearance, establishing all the necessary requirements regarding obtaining licenses

At the time of importation, the Directorate of the Customs Authority requires all commercial importers to demonstrate that they have a Timor-Leste Taxpayer Identification Number (TIN). Companies must prove they are incorporated. Importers are required to lodge their request to the Directorate of the Customs Authority to clear goods.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

According to the Government Decree-Law No. 36/2012 of 18 July 2012 on Control of Imports and Exports of Substances that Deplete the Ozone Layer, import licenses are applied to the following products: Gas, AC Equipment and Refrigerators.

Q3. The system applies to goods originating in and coming from which countries?

The system applies equally to all goods, regardless of the countries they originate from without discrimination. However, once Timor-Leste becomes full member of ASEAN in October 2025, Government Decree no. 9/2025 of 23 July, Procedures applicable to Preferential Rules of Origin regime under Free Trade Agreements (FTA) and other Trade Agreements will be effectively implemented.

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?

Sectoral import licenses are not intended to restrict the quantity and value of imports. However, any import prohibitions or restrictions are “dictated by reasons of morality and public safety, protection of health and life of humans and animals, preservation of plants and environment, protection of artistic, historical or archaeological heritage protection of industrial and commercial property” (as per Articles 138.3 and 175.2 of Decree-Law No. 14/2017 of 5 April 2017 on the Customs Code).  For instance, the prohibition under pharmaceutical products is intended to ensure the quality of products based on the WHO and FAO standards.

Thus, no alternative methods of accomplishing the purposes been considered.

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?

Import licensing is maintained and statutorily required under the Decree-Law No. 36/2012 of 18 July 2012 on Control of Imports and Exports of Substances that Deplete the Ozone Layer.

Thus, all the legislations above do not leave designation of products to be subjected to licensing to administrative discretion.

All the legislative abolishment and/or amendment of the existing import licensing systems can be done only through the legislative approval at the level of the Government or at the promulgation of the President of the Republic through the National Parliament.

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):

In Timor-Leste, the restriction as to the quantity or value of imports is applied only to the importation of refrigerators according to the State Secretary for Environment’s regulation in response to the decision taken at the Vienna Convention for the protection of the ozone layer, and the Montreal Protocol for the reduction of substances that deplete the ozone layer.

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?

Timor-Leste is aware of the negative impacts on health and the environment caused by the modification of the ozone layer, Timor-Leste ratified the Vienna Convention for the protection of ozone layer and the Montreal Protocol for the reduction of substances that deplete ozone layer.

In this context, it is necessary not only to implement the guidelines contained in the aforementioned international instruments in the domestic legal order, but to promote and encourage the adoption of measures to protect the ozone layer.

Therefore, Decree-Law No. 36/2012 of 18 July 2012 on Control of Imports and Exports of Substances that Deplete the Ozone Layer sets out information regarding the limit of importation for refrigerator substance.

In particular, according to Article 8 of this Decree-Law:

III. The Government department responsible for the area of environment issues an annual quota that sets the limit maximum allowable price for the import of hydrochlorofluorocarbons.

 

The annual quota limit is determined for each importer taking into account the history of the importer and the Article 11. 

As Timor-Leste is committed to gradually eliminate the use of Hydrochlorofluorocarbons by 2040 according to the decision set by Montreal Protocol statute. Thus, Article 11 on the Schedule for Phasing out Hydrochlorofluorocarbons of the same Decree-Law elaborates the following requirement:

The registration and the license granted for the import and export of hydrochlorofluorocarbons is issued by the competent authorities, with respect to the following schedule of commitment:

  •  From 1 January 2013 to 31 December 2014, annual consumption cannot exceed the average level of 2009 and consumption in 2010;
  • From 1 January 2015 to 31 December 2019, annual consumption cannot exceed 90% of the average level in 2009 and consumption in 2010;
  • From 1 January 2020 to 31 December 2024, annual consumption cannot exceed 65% of the average level in 2009 and consumption in 2010;
  • From 1 January 2025 to 31 December 2029, annual consumption cannot exceed 32.5% of the average level in 2009 and consumption in 2010;
  • From 1 January 2030 to 31 December 2039, total consumption for this period cannot exceed 2.5% of the average level for 2009 and consumption for 2010.

On 1 January 2040, complete elimination of hydrochlorofluorocarbon.

All the information regarding this legislation is officially published in a Government’s gazette through the following link: http://www.mj.gov.tl/jornal/?q=node/13. In addition, importers will also be notified by the State Secretary for Environment prior to the process of importation on the status of the quota.

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?

Accordingly, import licenses are issued for imports on a yearly basis as elaborated in Article 8.1 of the Decree-Law (above).

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.)

N/A

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?

Licenses may be applied for throughout the year.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

The maximum time for processing applications is three (3) working days with no applied fee. The system is also quite transparent.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

The date of opening of the period of importation is from 1 January until 31 December, thus, the process of importation can be made immediately once an import license has been obtained by importers.

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?

In this situation, the license application is affected by a single administrative organ, subject to the submission of the complete required documents to the competent authority under the State Secretary for Environment.

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?

As mentioned in Article 11 of Decree-Law No. 36/2012, the limitation of the license provided is according to the period set. Thus, should the demand reach its limits of importation, the responsible authority under the State Secretary for Environment will automatically reject any applicants trying to import the products classified under this quota. Thus, the system applies first come first served rule to all the applicants.

The system does not allocate a maximum amount per applicant neither it sets a specific provision for new importers.

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?

N/A

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?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

N/A

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)?

N/A

Q7.b. Can a licence be granted immediately on request?

N/A

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.

N/A

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?

N/A

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?

As mentioned in Article 11 of the same Decree-Law, the limitation of the license provided is according to the period set. Thus, should the demand reach its limits of importation, the responsible authority under the State Secretary for Environment will automatically reject any applicants trying to import the products classified under this quota. Thus, the system applies first come first served rule to all the applicants.

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 may be eligible to apply for licenses through SERVE prior to obtain sectoral licenses under non-automatic licenses.

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?

The Department of Ozone under the State Secretary for Environment is responsible to issue import license to the importers, where the companies need to submit prior documentations shall be submitted for approval prior to importation.

The documentations include:

  1. Certificate of Commercial Registry;
  2. License to exercise Economic Activities;
  3. Tax identification number;
  4. Identity (passport or National Electoral ID).

Once approved, the companies shall obtain a permit for importing these products. The procedure for obtaining an import permit takes a maximum of 3 days without any fee.

In this regard, there are no specific format for importation to be completed by importers, rather importers are required to complete the application procedures accordingly.

Q11. What documents are required upon actual importation?

Upon actual importation, the following documents should be attached to the application:

  • Copy of bill of lading, air-bill, or truck way-bill;
  • Invoice; and
  • Packing list.

In addition, supplementary documents should be attached according to the classification of products:

  • Copy of the receipt of payment for the vehicle purchase;
  • Copy of certificates in relation to health certificates (lab result);
  • Certification of pre-shipment inspection;
  • Certificate of Commercial Registration;
  • Copy of Contract of Buyers and Sellers;
  • Certificate of Manufacture Authorization;
  • Certificate of Types of Activities; and
  • Copy of Tax Identification Number (TIN).

At the actual importation, licence shall be presented to customs authorities for clearance procedures according to the ASYCUDA World System that has been adopted by Timor-Leste.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Business Registration Fee:

There are no fees applied to obtain a commercial license for low-risk activities and the license is non-renewal. However, there is a US$ 45.00 fee applies for medium and high-risk activities that is charged by SERVE, in addition to sectoral licensing fee based on the duration of licenses.

Sectoral license fees:

Additional fees to obtain sectoral licenses for non-automatic licenses are regulated according to legislations pertaining to each Ministries or Agencies providing sectoral licenses.

 Administrative Charge by the Customs Authority:

Administration charge on import or export processing is applied upon the release of products according to the Ministerial Diploma (General Directorate of Customs Authority) is $1 per each form sheet.

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 under the import licensing systems.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

Not specified.

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 a license or a portion 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.

However, there are some exceptions applied to the sectorial license under Downstream Activity, in which clearly stated under Article 12 of Decree-Law No. 1/2012 of 1 February 2012 on Downstream Sector, as follows:

Article 12

License Transfer

1. The transfer of a License to another company is only valid with prior written authorization from the ANP [now ANPM – National Authority for Petroleum and Minerals] and subject to the requirements established in paragraph 4 of Article 11.

 2. In the event of a merger or total acquisition of Licensee's shares by a third party, or even the partial acquisition of Licensee's shares by a third party, but whose acquisition implies transferring the effective control of Licensee to a third party, the ANPM must reassess the situation to assess whether Licensee maintains the necessary requirements to develop the Activities for which it is licensed. If deemed necessary, ANPM may require Licensee to implement corrective measures aimed at maintaining or re-establishing the referred requirements.

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?

N/A

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 for import licensing systems.

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?

N/A