Certain imported goods
- Document symbol
- G/LIC/N/3/CYP/3
- Original language
- English
- Published on
- 12/04/2002
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.
Most goods can be imported into Cyprus without the need of an import licence. However, for certain imported goods listed in "Products", an importer needs to apply for an import licence to the competent Authority. In Cyprus this Authority is the Department of Trade of the Ministry of Commerce, Industry and Tourism.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import licence is required for the importation of the products listed in "Products".
Q3. The system applies to goods originating in and coming from which countries?
The system applies in a uniform way to all countries. Importers are free to import from any source except from countries against which UN Security Council trade sanctions are in force.
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?
Licensing is mainly intended to take into account considerations such as sanitary requirements, health, safety, national security, environmental factors and other factors pursuant to GATT Articles XX and XXI.
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?
The licensing system is administered, by the Department of Trade of the Ministry of Commerce, Industry and Tourism, based on the Imports Regulation Law 49 of 1962 and its Amendments 7 of 1967, 39(1) and 82(1) of 1994.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Products subject to licensing are designated through Orders by the Minister of Commerce, Industry and Tourism, issued under the above-mentioned legislation. The Orders are published in the Official Gazette of the Republic.
Is it possible for the government to abolish the system without legislative approval?
Products can be subtracted from or added to the list only by means of an official Decision.
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)?
In accordance with the Regulations in force, an importer must obtain a licence before the placing of orders abroad.
Q7.b. Can a licence be granted immediately on request?
A licence is normally granted on request. In some cases, a time period of up to five working days is needed.
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 fixed time limits during which applications and/or importation may 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?
In principle, one Authority only deals with licence applications.
Must the applications be passed on to other organs for visa, note or approval?
In some cases other Authorities additionally require certain certificates.
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?
Are the reasons for any refusal given to applicants?
The reason for a possible refusal to issue a licence is stated on the application itself, which is then returned to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?
In cases where licence is refused, the applicant has the right to appeal to the Court of Justice.
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 permanent resident of the Republic of Cyprus or Organization to which the right of conducting business in the Republic has been granted by the Authorities is eligible to import and to be granted an import licence.
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 in applications includes the name, address, telephone, fax and telex number of the applicant as well as the registration number of the company concerned, if a company is involved, or the social security number of the applicant. Additionally, details of the goods to be imported are required which include a description of the goods, their tariff classification as well as the quantity and value of goods. The applicant also has to fill in details relating to the country of origin/ shipment of the goods to be imported.
What documents is the importer required to supply with the application?
The importer is required to submit the application in triplicate, together with a proforma invoice also in triplicate.
Q11. What documents are required upon actual importation?
Upon actual importation the importer has to present to the Customs Authorities the following documents: the import licence, the actual invoice, the bill of lading, the delivery order, the Euro I Certificate if the origin of the goods is from the European Community countries and any other documents from other Governmental bodies if 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 of three Cyprus Pounds for every clearance of goods upon importation where the goods are subject to an 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 for issuing licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
An import licence is valid for a period of one year from the date of issue. A licence cannot be renewed, but it can be replaced with a new one.
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?
Conditions aimed at safeguarding health, security, environmental and other such reasons may be imposed on licences in relation to the goods being imported.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
In so far as the Ministry of Commerce, Industry and Tourism is concerned, there are no other administrative procedures 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?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
However, for imports requiring a licence, the import licence must be presented to the bank if any facilities (e.g. letter of credit) are to be granted.
What formalities must be fulfilled for obtaining the foreign exchange?
Any other requirements are subject to the Exchange Control Law of the Central Bank of Cyprus.