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.

The Georgian Law on the Georgian "Red List" and "Red Data Book", based on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), requires the import permit issued by the Ministry of Environmental Protection and Agriculture for the import of the wild- taken specimens of the species included in the Appendix I of the Convention. The Ministry also issues the certificate for introduction from the sea for the specimens harvested in the marine areas beyond the national jurisdictions.
At the same time, CITES permit/certificate issued by the CITES Management Authority of the exporting/re- exporting country is required for all specimens of species listed in the Appendices of the Convention.

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

The permit/certificate issued by the CITES Management Authority

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

This system applies universally, to 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?

In case of the import permits for the wild-taken Appendix I species, the main purpose is to prove that the import is not undertaken for primarily commercial purposes. The quantities are defined by the CITES Management Authorities of the exporting/re-exporting countries.
For the certificate for the introduction from the sea, the quantities are defined, based on the scientific assessment, so that the quantities imported are not detrimental for the survival of the species concerned.

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 Georgian Law on the Georgian "Red List" and "Red Data Book", based on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

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

Only the Parliament of Georgia is authorized to abolish the law.

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?

In case of imports from other countries, the limits are defined by those countries themselves. For the introduction from the sea, the limits are defined by the Scientific Authority. However, in practice we have never had an application for this permit.

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.)

For the introduction from the sea (imports from beyond the national jurisdictions): quantities set for each permit. For imports from the countries: defined by respective countries. Sometimes, the countries set annual export quotas, which is later indicated on the actual permits we are receiving.

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?

CITES permits are issued for single export/import/re-export/introduction from the sea. It is not possible to use same permit twice. Also, where annual quotas are set, it is not possible to carry unused quota for the next year.

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

20 working days are allocated for issuing the CITES permits in Georgia. This number varies in different countries.

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 export/re-export permits are valid for 6 months. Permits for introduction from the Sea are valid for 12 months.

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?

The Ministry of Environmental Protection and Agriculture is the Management Authority in Georgia. At the same time, as mentioned, specimens of the CITES listed species are imported based on the permits issued by the management authorities of respective countries. The list of Management Authorities is uploaded on the CITES web-site. However, we do not have information on the procedures how they are issuing the permits and certificates.

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?

In case of import permits for wild-taken specimens of Appendix I CITES species, all permits are issued if the trade is not commercial. The quotas and limits are set and shared by the exporting countries. For the introduction from the sea, all permits are judged on a case-by-case basis.

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?

There are no quotas.

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?

MEPA has direct communication with the CITES management Authority of exporting country.

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 conditions exist.

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?

There is no limit how far in advance the permits should be obtained.

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

In case of arriving without the CITES permit, the import is illegal. The importer may apply for the retrospective permit, but the decision on issuing such a permit lies with the CITES Management Authority of the exporting country, in consultation with us and if all relevant conditions are satisfied.

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

The import permits for the specimens of wild-taken Appendix I species cannot be granted immediately, since this process involves obtaining the advice from the Scientific Authority. We do not have information about other countries, whether it is possible to get CITES permit immediately. However, we assume that this may only be possible only for re-exports, when the advice of the Scientific Authority is not required.

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.

All CITES permits used for import of the specimens are checked by the Customs Department of Georgia. The department verifies that quantities imported fall within the amounts indicated on the permits.

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?

All CITES permits used for import of the specimens are checked by the Customs Department of Georgia. The department verifies that quantities imported fall within the amounts indicated on the permits.

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?

Generally, the CITES permits are refused, if the specimens are not legally obtained or such harvest is detrimental for the survival of the species concerned. The application may also be refused if some of the necessary documents are missing.

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.

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?

For the import of the specimens of wild- taken Appendix I species or introduction from the sea there is no sample form for the application. The applicant should indicate the species, quantity, area of harvest, name and contact details of the importer, as well as information about the intended use. The applicant should also submit information on conditions how the live animals will be kept.

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

The receipt of payment of the permitting fee.

Q11. What documents are required upon actual importation?

The Original of the Permit, endorsed by the customs department of the exporting/re-exporting country.

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?

Licensing fee

What is the amount of the fee or charge?

50 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.

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

The Export/re export CITES permits are issued for six months, permits for import and introduction from the sea are issued for 12 months. New permits can be issued to replace unused permits.

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?

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?

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

The Permit fees are always paid in GEL; exchange is always available in the banks. Other fees associated to this permit are not applicable.

Endangered species

Outline of Systems

Purposes and Coverage of Licensing