Fish and fish products
- Document symbol
- G/LIC/N/3/BWA/1
- Original language
- English
- Published on
- 06/07/2021
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 Ministry of Agricultural Development and Food Security through Department of Veterinary Services is coordinating the issuance of Import permits. There are procedures outlined by the ministry with regard for issuance of animal and animal product Import permits and this include fish and fish products. The purpose of the procedure is to guide import control officer in issuance of permits in order to prevent the introduction, establishment and spread of exotic and/or trans boundary diseases which can jeopardize the country's access to international markets.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The system is maintained to cover products for both the aquatic and terrestrial organisms.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods (fish) originating from a myriad number of countries in Europe, Asia, Africa, North and South America.
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 license system procedure is intended to regulate the quantity of the fish and fish products that enter into the country.
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?
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 processing of an import permit is done on receipt of an application by importer and the process is prompt. This includes verification of fish product health status of the exporting country using WAHID (World Animal Health Information Database) and issuing a permit upon verification.
Q7.b. Can a licence be granted immediately on request?
The permit can be granted instantly on request. The processing is done instantly on the receipt of the application.
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.
The permit is issued throughout 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 importation of fish and fish products the application is done through the Department of Animal Production, which is then passed to the Department of Veterinary Services for the approval and alternatively for the issuance of the import permit.
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?
If the applicant obliged to all the terms and conditions stipulated with regard to the issuance of import permit, no application would be refused.
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, firms and institutions are eligible to apply for the permit regardless of the system. Any applicant both new and old importers have the opportunity to apply for the permit. Each applicant is issued with a single permit upon verification and receipt of payment.
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?
What information is required in applications?
The information required is: Applicant name, Postal Address, Contact number, Quantity of the products, Name and address of consignor.
What documents is the importer required to supply with the application?
And the documents required during the application is valid National Identity Card (Omang) or Passport for non-citizens.
Q11. What documents are required upon actual importation?
Upon actual importation the importer is required to have Valid Passport and Valid Import Permit.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The permit fee is P150 per applicant.
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.
To be issued with the import permit the applicant should pay the permit fee immediately on receipt of an application.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of the permit is 30 days, and it cannot be extended unless an applicant applies for a new permit.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
If an importer decides not to use the permit, no penalty is incurred.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The permit is not transferable.
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?
The permit issued by Department of Animal Production in relation to import of fish products is only valid when the importer also has a veterinary permit, and this applies to both products subject to quantitative restriction and vice versa.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The are no other administrative procedures.