Non-Automatic products
- Document symbol
- G/LIC/N/3/BGR/3
- Original language
- English
- Published on
- 25/10/2006
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 importation of certain products into Bulgaria is subject to non-automatic import licensing.
Non-automatic licences are required for the importation of some products with a view to protect human, animal and plant health and life; to monitor trade in arms and munitions; and to fulfill the obligations of Bulgaria pursuant to international treaties. The licence is granted within five days after the submission of the application to the respective administrative body which is in charge of issuing of a licence.
Import licensing procedures are administered by a limited number of administrative bodies and are not related to quantity.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
See the list of products subject to import licensing.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to imports of 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 imports. The importation of certain products into Bulgaria is subject to licensing in compliance with international commitments undertaken by Bulgaria, when Bulgarian legislation requires such a regime for sanitary, national security or other considerations pursuant to GATT 1994 Articles XX and XXI or for monitoring purposes.
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 maintained under Regulation of the Council of Ministers No. 233 of 8 November 2000 on the foreign trade regime of Bulgaria, published in the State Gazette No.93 of 2000 and the amendments to that Regulation, published in the State Gazette No. 58 of 2001 and No. 112 of 2001. The list of products subject to import licensing and the administrative bodies responsible for the administration of the import licensing procedures are determined by the Council of Ministers and are given in the relevant annexes to Regulation of the Council of Ministers No. 233 / 2000.
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 application for a licence must be made prior to importation.
Q7.b. Can a licence be granted immediately on request?
Licences can 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.
No limitations.
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?
In all cases the consideration of licence applications is effected by a single administrative body, which is competent to issue a licence according to the type of the imported 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?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
If a non-automatic licence application is refused the applicant shall on request be given the reason therefor.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicants have the right of appeal.
If so, to what bodies and under what procedures?
The applicants have the right of appeal, in the event of refusal to issue a licence, under the general terms and conditions laid down in the Law on Administrative Procedure.
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?
Any natural person or legal entity registered in accordance with the Trade Law is eligible to apply for a licence in writing.
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?
Information required on application:
- the name and address of the seller;
- the name and address of the buyer;
- the name and address of the end user;
- contract number;
- description of the goods, HS code, unit, quantity, unit price, value in foreign and national currency;
- country of origin;
- country of destination;
- terms of delivery;
- date of delivery;
- terms of payment;
- date of payment;
- exchange rate.
What documents is the importer required to supply with the application?
Importers are required to supply with the application the following documents:
commercial and tax registration certificates, unified identity code (code under BULSTAT), and documents necessary to certify the data in the import licensing application form, such as commercial contract, proforma invoice, quality certificate etc. In some cases, where it is defined by law to have a licence for trade or production of certain products, this licence is also required. On the importation of polycarbonates a contract with the end-user is required. On the importation of matrices for the production of compact discs a registration of the rights for reproduction and distribution is required.
In some cases, defined by a regulation of the respective administrative body, which is competent to issue the licence, documents certifying the fulfillment of the conditions under which the transaction is allowed may be also be required.
Q11. What documents are required upon actual importation?
Upon actual importation the importer has to present to the customs’ authorities the following documents: pro forma invoice, transport documents, specifications, customs declaration, certificate of origin, import licence and any other documents as deemed necessary.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is a licensing fee necessary to cover the administrative expenses for processing of documents.
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 licences.
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 automatic and non-automatic import licences is up to three months from the date of issuance. The validity can be extended upon request.
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 licence or a portion of it.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences 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?
None.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation apart from veterinary, phytosanitary and quality regulations.
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?
The foreign exchange necessary to pay for licensed imports are made available to licence holders on the same basis as to importers of goods not requiring import licences.