Chicken products
- Document symbol
- G/LIC/N/3/FJI/1
- Original language
- English
- Published on
- 16/04/1997
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.
Individuals of indigenous Fijian, Rotuman and part European descent write to the Ministry of Commerce, Industry, Trade and Public Enterprises (MCIT and PE) for an import licence. This Ministry assists applicants applying to mainland USA for the importing of chicken products.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Chicken products
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies only to products from mainland USA which have been approved by the USDA.
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?
Only 1,600 tonnes have been decided by Cabinet should be imported per year. This would give about 100 tonnes per province. This import licensing system only applies to chicken products. There is no importation of turkey products even though interest in diversifying has been expressed.
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?
Animals Importation Act (Chapter 159) [Amended] Legal Notice No. 41 - Animals Importation (Amendment) Regulation, 1996 (Section II); and the Customs Ordinances (Cap. 170).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Yes.
Is it possible for the government to abolish the system without legislative approval?
MCIT and PE can delay the system if an urgent need arises.
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):
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 the Fiji Times and the "Nai Lalakal" these are the English and Fijian newspapers. Overall amount is published on request. Not applicable. The maximum amount allocated is approximately 100 tonnes per applicant. No exceptions are made.
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?
Yearly. No. No.
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.)
Import licences are only for chicken products. Copy of approved application is made available to Customs and the Quarantine Department of Agriculture; the original is given to the applicant and a copy is kept by MCIT and PE. Unused allocations are not added to quotas for a succeeding period.
Names of importers to whom licences have been allocated are made known only to Customs and Agriculture. Confidentiality of business endeavours.
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?
From the beginning of the year - early January.
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?
Depends on the applicant's efficiency in obtaining the approved licence from MCIT and PE, and then applying to mainland USA for imports of chicken products.
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?
Only MCIT and PE is the administrative body which administers import licensing for chicken products. No. Required to be cited for formality purposes.
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. Maximum amount - 100 tonnes/province; however for allocations by the third quota of the year, if it is not used then it is given to any other interested applicant. Same allocation is made for new applicants. Yes.
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?
Only in the case of re-exports. 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?
This is a case of the Customs Department of both countries working together on this matter.
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
For chicken products that have exceeded the annual quota, these products cannot be sold but are held at the wharf for transit.
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)?
Applications must be made prior to importation.
Q7.b. Can a licence be granted immediately on request?
Yes.
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.
Yes if quotas are available. Beginning of 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?
Which administrative body is responsible for approving application of licences?
Yes - MCIT and PE
Must the applications be passed on to other organs for visa, note or approval?
Yes - MCIT and PE. No, just a copy for the records.
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?
An application for a licence may be refused: if there is no evidence of availability of funds
to finance - unable to raise capital.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants can, provided they get financing.
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?
Is there a system of registration of persons or firms permitted to engage in importation?
Not applicable.
What persons or firms are eligible to apply for a licence?
Individuals that belong to the Fijian, Rotuman and General Voters ethnic constituency can apply for import licences for chicken products.
Is there a registration fee?
There is no registration fee.
Is there a published list of authorized importers?
There is a published list of authorized importers.
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?
Applications are made by the individual letters written to the MCIT and PE by individual applicants. Other procedures/requirements for obtaining an import licence were set by MCIT and PE:
- provision of "Vola ni Kawa Bula" (registration of membership into indigenous Fijian family units) for indigenous applicants to determine allocation of quotas;
- other identification for other races (birth certificates, passports, etc.);
- redistribution of quota at the cut-off date etc.
Q11. What documents are required upon actual importation?
Bank guarantee/local market distribution. Import licences/Customs clearance.
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?
For Customs, application for import 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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
One year until 31 December of that year. No, applicants have to reapply.
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?
Chicken imports are subject to thorough inspection by the Quarantine Department.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No, but for Customs, application by letter is to be made to the Comptroller of Customs.
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?
Bank credit is given by the banks.
Is a licence required as a condition to obtaining foreign exchange?
Yes.