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.

Types of licenses and permits and the rules applicable thereof are provided for in the law of Georgia on "Licenses and Permits";
Service fees applicable for the processing of permit applications and the amounts therefore as well as timeframes for issuance are provided for in the law of Georgia on "License and Permit Fees"
The basis for movement control and policy measures of the dual-use goods is prescribed under the law of Georgia on "the Control of Military and Dual-Use Goods"
Rules governing the application procedures (including required documentation) and issuance of permits for dual-use goods is provided for in the Governmental Decree No. 372 (from 9 June 2014) "on the Definitions of Control Measures of Military and Dual Use Products"

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

The list of dual-use goods subject to control is provided for in the Georgian Governmental Decree No. 394 (from 13 June 2014) on the Approval of Lists of Military and Dual Use Items. The list has been elaborated in accordance to the list provided for in the Council Regulation - (ЕС) No. 428/2009.
Permit for provision of brokerage services with regards to import, export, transit and technical assistance on dual-use goods is issued by the Customs Department of the LEPL- Revenue Service of the Ministry of Finance of Georgia.
Dual-use goods permits are issued via a unified electronic permit and licensing system in electronic form. Application and accompanying documentation is lodged with the Customs department via GRS web-page (https://www.rs.ge/). The service fee for issuance of dual-use goods permit amounts to 30 Laris (In accordance to the law of Georgia on "License and Permit Fees"
Furthermore, the law of Georgia on the "Prevention of Diseases Caused by a Deficiency of Iodine, other Micronutrients and Vitamins" aims to create a more favourable conditions for the prevention of diseases caused by a deficiency of iodine and of other micronutrients and vitamins.

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

The licensing systems currently in use do not have provisions for goods specifying them by nature of their origin except for cases when issuance of permits/licenses is pursuant to ensuring of adequate level of safety and security as applicable. Accordingly, import permits for dual-use goods is issued on the provision that the exporting country is not subject to sanctions by the UN Security Council.

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 systems do not aim to restrict the quantity or value of imports but only to ensure the safety and security as well as public health on national level as well as overall security of the supply chain of products. The system for permits on dual- use goods aims to curb proliferation of WMDs while maintaining relevant security standards.

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?

All relevant regulations are cited in the answer to the question N2.

Does the legislation leave designation of products to be subject to licensing to administrative discretion? Is it possible for the government to abolish the system without legislative approval?

At the same time please note that control measures are regulated on the basis of law and Government/administrative agencies may not amend or revoke these without the involvement of the legislative authority.

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):

Please 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?

No restrictions are maintained for the quantity and/or value of imports moreover the existing licensing provisions do not provide for specific rules regarding the origin of goods subject to regulations thereof. All information regarding the regulatory framework governing licenses and permits may be requested through an electronic request lodged with the Revenue Service. Additionally, all legislative acts are publicly available on the webpage of the Legislative Herald of Georgia (official journal) at https://matsne.gov.ge/;
Information regarding control measures applicable to dual-use goods may be found at: https://www.rs.ge/LegalEntityNonTariffControl-en?cat=2&tab=1;
Dedicated webpage of the Ministry of Defense of Georgia: https://exportcontrol.mod.gov.ge/pages/database

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 licensing quotas are maintained. For dual-use goods permits have the validity of 12 month period.

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.)

No licensing quotas are maintained. Licensing is not subject to origin of products. Depending on the nature of goods license might be required for sale of goods on the domestic market but these procedures fall outside the scope of the Revenue Service operational framework. The Revenue Service is responsible for ensuring the appropriate licenses are presented when importing goods, subject to licensing requirements, at the border. Registry of the licenses is public in accordance with Article 36 of the law of Georgia on "Licenses and Permits"
At the same time information may be exchanged on the basis of agreements aimed at exchange of information and cooperation, where such scheme might be necessary for the purposes of private information protection.

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?

No licensing quotas are maintained.

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

If the required information is provided fully the Customs department shall issue the permit for dual-use goods no later than 20 days after the application has been lodged.

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

The importation may be carried out within the validity period of the permit (12) month, while for non-iodized salt the importation should be carried out at any time during the effective period of the contract on the basis of which the permit had been issued.

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?

Depending on the nature of goods (firearms, dual-use goods) it is possible to need approval of more than one governmental agency. In these cases the importer needs to apply with single administration with required approval procedures coordinated internally within the relevant structures:
For dual-use goods, permit application is considered by Customs department on the basis of an approval issued by a Standing Committee on Military-Technical Matters of the Ministry of Defense of Georgia.

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?

No licensing quotas are maintained for dual-use goods.

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?

Export license issued by the exporting country does not waive the import permit/license requirements for dual-use goods. The procedures are followed as is without any automatic component thereof.

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?

Currently no such system is maintained. All relevant formalities and information regarding the procedures are freely available both on the Revenue Service official website as well as on the websites of all relevant agencies and the Legislative Herald of Georgia.

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 such regulation exists.

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)?

How far in advance of importation must application for a licence be made?

Legislation does not provide for specific provisions governing the advance application for permits and/or license.

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

The application should be lodged in reasonable timeframe considering the period required for issuance of permits/license as described above. If the license/permits are not presented at the time of importation the importer may be given a three day period to preset the required permit/license. This period may be expanded further if required.

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

These type of arrangement is currently not available in the relevant regulatory framework. However permit for dual- use goods is issued within hours of receiving a dully completed application with relevant accompanying documents.

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 such limitations applicable.

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?

Depending on the nature of goods (firearms, dual-use goods) it is possible to need approval of more than one governmental agency. In this cases the importer needs to apply with single administration with required approval procedures coordinated internally within the relevant structures

Must the applications be passed on to other organs for visa, note or approval?

For dual-use goods, permit application is considered by Customs department on the basis of an approval issued by a Standing Committee on Military-Technical Matters of the Ministry of Defense of Georgia.

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?

Application is granted on the compliance with the requirements as set-out in the relevant regulatory framework.

Are the reasons for any refusal given to applicants?

If the application does not meet the relevant requirements or importation of specified goods is in breach of relevant legislative framework, the license/permit will be denied with relevant information provided 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?

The applicant is always able to appeal any decision in upper administrative authority and/or in court.

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 (Natural or legal). Firms and organizations are entitled to apply for licenses/permits.

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?

Find below the link for the application for import of Dual-use items:
https://eservices.rs.ge/ServiceRequestNew.aspx?p=559
The application shall be accompanied by:
- Proof of payment for permit fee;
- The original transaction/document evidencing the permit action, or certified copy thereof;
- Description of technical features of goods;
- Positive recommendation of the permanent Commission of Military-Technical Issues of the Ministry of Defense of Georgia

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

Documents necessary to determine the circumstances relevant to the case, at the request of the permit issuer.

Q11. What documents are required upon actual importation?

It is mandatory to submit a contract and transport documents.

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?

Fee for obtaining Dual-use items import permit

What is the amount of the fee or charge?

30 GEL

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 requirement for deposit or advanced payment.

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

The permit is valid for the period specified in it. If the permit does not specify a term, is assumed that the permit is valid for the 12 months after the issue. Extension of the permit is not defined by legislation.

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

No penalty for non-utilization of a license.

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

The transfer of a permit to another person is not defined by legislation.

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 quantitative restrictions on the import of any kind of dual-use goods

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 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?

Foreign exchange licensing is outside of GRS competence and is regulated within the National Banks scope of operations.

Dual-use goods

Outline of Systems

Purposes and Coverage of Licensing