Certain goods used for torture or punishment
- Document symbol
- G/LIC/N/3/HRV/7
- Original language
- English
- Published on
- 02/10/2012
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.
As a rule, imports to the Republic of Croatia are free with the exception of those imports specified in the national legislation (products affecting public security and order, health, environment and cultural heritage). Products subject to import licensing are specified in the tariff headings and are imported under prior authorisation issued by the competent ministry or authorised body. The licensing system is legally regulated by:
- the Trade Act, Article 49 (OG No. 87 on 25 July 2008) and its amendments (OG No. 116 on 11 October 2008, No. 76 on 1 July 2009 and No. 114 on 7 October 2011);
- the Regulation Specifying Goods Subject to Export and Import Licences (OG No. 77 on 19 June 2010) and its amendments (OG No. 146 on 16 December 2011 and No. 25 on 28 February 2012);
- the Regulation concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OG No. 142 on 9 December) and its amendments (OG No. 51 on 4 May 2012).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Licences are issued to comply with international agreements, for national security purposes, protection of life and health of humans, animals and plants, the environment and of exhaustible natural resources of the Republic of Croatia, as well as to protect the public morals.
The approval of imports of certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment is issued by the new State Office for Trade Policy. State Office for Trade Policy was established on the basis of the Act on the Organisation and Competence of the Ministries and other Central Government Administration Bodies (OG 150/2011 of 22 December 2011).
Q3. The system applies to goods originating in and coming from which countries?
The licensing regime applies equally to imports 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 system is not intended to restrict the quantity or value of imports but to protect national security, health, environment and cultural heritage and to fulfil the Republic of Croatia's commitments undertaken by the international agreements.
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?
Is the licensing statutorily required?
Import licensing system is regulated by the Trade Act, Article 49, published in the "Official Gazette" No. 87 on 25 July 2008 and the Amendments of Trade Act published in the "Official Gazette" No. 116 on 11 October 2008, No. 76 on 1 July 2009 and No. 114 on 7 October 2011.
Is it possible for the government to abolish the system without legislative approval?
The system of licensing can be abolished or changed by the Government without changing the Trade Act.
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)?
There is no fixed time-limit for submitting an application before importation
Q7.b. Can a licence be granted immediately on request?
A license cannot be granted immediately upon request. Prior review of the application is required; the licenses are issued within 30 days from the date on which the complete application was submitted
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 are no limitations as to the period of the year during which applications can be made
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?
Which administrative body is responsible for approving application of licences?
State Office for Trade Policy
Must the applications be passed on to other organs for visa, note or approval?
The importer does not have to approach more than one administrative organ.
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?
For non-agricultural products applications could only be rejected if the importer did not fulfil the conditions stipulated in international conventions for specific goods or did not meet standard criteria for the transportation of certain goods.
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 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?
What information is required in applications?
The application for import of certain products has to provide the following information:
1.Title and seat of the company, i.e. title and residence of natural person;
2.Company ID number, i.e. personal identity number for natural persons;
3.Title and seat of the end user with written Statement of End-Use for Goods;
4.Commercial description, quantity and value of the imported goods respectively;
5.Chemical description, structural formula and concentration for chemicals referred to in Annex III of Regulation;
6.Classification of nuclear material, nuclear content by weight, chemical and physical characteristics; radioactivity (Bq/kg);
7.CN Code;
8.Unit price;
9.Country of production;
10.Title and address of producer;
11.Exporting country;
12.Title and address of the exporting company and, importing company;
13.Import deadline.
What documents is the importer required to supply with the application?
The importer is also required to supply other documentation depending on the products imported (weapons, munitions) such as end-user statement, contract and the material safety data sheet.
Q11. What documents are required upon actual importation?
Upon actual importation the importer has to present to the customs authorities invoice, transport documents, specifications, customs declaration, certification of origin and import licence.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
For non-agricultural products an administrative fee of HRK 125.00 is charged for each import licence.
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.
There is no deposit or advance payment requirement regarding the issuance of licence except in case of import licenses for certain agricultural products.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
For non-agricultural products in most cases the import licence is valid for six months during which it has been granted. The validity of a licence could be extended upon request of the licence holder except for weapons and narcotics.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties for the non-utilization of a licence or a portion of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable to other 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?
There are no other conditions related to the issuance of a licence.
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.
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 issues are not applicable to import licensing.