Import Licensing Notification Portal

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.

Government licensing control was introduced in 1987, and administered by the MCIT and PE.
The power to bring goods under licence control rests with the Minister of Finance.

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

Oil lubricants

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

No discrimination on country of origin.

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?

No. Licences are issued to anyone who wants to import lubricating oil, and for the quantity requested. No. The removal of licence control is awaiting the Court decision

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?

Government of Fiji Gazette or Legal Notice

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

No.

Is it possible for the government to abolish the system without legislative approval?

Yes, subject to the legal proceeding of the Court decision. Removal of licence control will be effected through a legal notice approved by Cabinet.

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):

See answers 6.1-6.11

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?

Information is published in Legal Notice. Government of Fiji Gazette. Not applicable. Not restricted. Amount applied for. Reapply to MCIT and PE.

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?

No quotas. Licences are automatically granted, irrespective of the volume or source.

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.)

Lubricating oil, any kind of lubricating oil. A copy is sent to Customs as a form of Customs Control. Quotas - not applicable. No, because it is not restricted to any particular source.

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?

As and when applications are received, licences are granted.

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

One day.

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

Licences are effective from the date of issue.

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?

Yes. MCIT and PE. No. No.

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?

First come, first served.

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?

No. Yes.

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?

Not available.

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

No.

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)?

Generally two weeks before goods arrive.

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

Yes, importers can apply for licences after goods have arrived. However, this is not encouraged.

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.

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?

MCIT and PE.

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?

Certain circumstances - for example, the business must be registered locally and legitimate.

Are the reasons for any refusal given to applicants?

The reasons for refusal are not given to the applicant.

If so, to what bodies and under what procedures?

They can reapply to MCIT and PE. Current procedures allow them to reapply to the Ministry.

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?

Is there a system of registration of persons or firms permitted to engage in importation?

No - but firms register with the Registrar of Companies.

What persons or firms are eligible to apply for a licence?

Individual persons cannot apply.

Is there a registration fee?

No licence fee.

Is there a published list of authorized importers?

There is no published list of authorized importers.

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?

Particulars of applicant - name of company, amount, value and country of importation.

What documents is the importer required to supply with the application?

None - just a simple letter.

Q11. What documents are required upon actual importation?

Import licence, Customs clearance, Bill of Sale.

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?

Not for import licence but for Customs, application for import of still is to be made to Comptroller of Customs by letter, with technical details for the still. A fee of $F11 is chargeable for each licence. Import of still is subject to import licence at Item 5 to Schedule 5 of the Customs
(Prohibited Import/Export) Regulations 1986. A standard fee of $F5 per entry is chargeable on all import or export entries.

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.

N/A

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

Three months. Yes - by reapplying to MCIT and PE.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No.

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?

No

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

As stated in Reply 12, for Customs, application for import is to be made to the Comptroller of Customs by letter, with technical details for the still.

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?

Yes.

Is a licence required as a condition to obtaining foreign exchange?

No.

Is foreign exchange always available to cover licences issued?

Depends on whether the company has funds.

What formalities must be fulfilled for obtaining the foreign exchange?

Commercial banks have certain forms that need to be filled in and proof of funds needs to
be provided.