Nuclear and radioactive materials
- Document symbol
- G/LIC/N/3/GEO/9
- Original language
- English
- Published on
- 03/02/2022
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.
Under the Law of Georgia on Nuclear and Radiation Safety, it is forbidden to conduct nuclear and radiation activity without authorization granted by the Regulatory Body – LEPL Agency of Nuclear and Radiation Safety (ANRS) under the state supervision of the Ministry of Environmental Protection and Agriculture of Georgia. The same Law determines the "authorization" to include license and permission. Under the Law of Georgia on Licenses and Permits "import of radioactive materials, raw materials, from which nuclear materials can be obtained or produced, equipment containing radioactive substances, nuclear technologies and know-how, as well as export, import and transit of radioactive sources" is subject to permission, not a license.
The permit is as the right to perform a one-time act within the license of nuclear and radiation activity and is valid for maximum of one year. The only exception is the act related to the radiopharmaceuticals for medical purposes – in this case, the permit may be granted for performing repeated/several acts, but the time limit of one year remains applicable.
The permit on import may be granted to the licensees holding the license on the following activities:
- production, possession, temporary retention, use and sale of radioactive materials;
- using of a source of ionizing radiation for medical (therapeutic) purposes;
- using of radioactive substances (radiopharmaceuticals) for medical diagnosis;
- using of radioactive substances (radiopharmaceuticals) for medical treatment;
- using of a generator of ionizing radiation and/or radioactive substances for delivery of service;
- using of a source of ionizing radiation for industrial purposes;
- using of a source of ionizing radiation for research and education purposes.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Permit ANRS is statutorily determined to grant, covers:
- Radioactive materials;
- Raw materials, from which nuclear materials can be obtained or produced;
- Equipment containing radioactive substances;
- Nuclear technologies and know-how;
- Radioactive sources.
The system is the same for each product enlisted above.
Q3. The system applies to goods originating in and coming from which countries?
There is no restriction regarding countries under the legislation under the Law of Georgia on Nuclear and Radiation Safety and the Law of Georgia on Licenses and Permits.
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?
Considering the type of goods, there is no interest in restricting the quantity and/or value. Georgian legislation complies with the International Atomic Energy Agency standards, principles and guides and there are no such recommendations as to restrict for any reason. However, since every activity related to the nuclear and radiation field shall be justified before the commencement, the applicants are obliged to give the reasons/grounds of the act they are intending to conduct. Justification means that the benefits outweigh the potential harm.
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?
There are two main laws that regulate permission granting process:
- Law of Georgia on Nuclear and Radiation Safety;
- Law of Georgia on Licenses and Permits.
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?
However, for the purposes of following the administrative procedures, ANRS is also obliged to meet the requirements provided for by the General Administrative Code of Georgia. Since those laws are adopted by the Parliament of Georgia, the Government does not enjoy the right to abolish and/or amend them in any form. Additionally, there is no discretion upon ANRS and/or any member of the executive authorities in this process.
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)?
How far in advance of importation must application for a licence be made?
There is no such time range for applying, however, the applicant shall take into consideration that ANRS is allowed to make a decision on granting or not the permit up to 20 days period of time.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
There is no such time range for applying, however, the applicant shall take into consideration that ANRS is allowed to make a decision on granting or not the permit up to 20 days period of time. Apart from this general rule, under the Ordinance of the Government of Georgia, the applicant is allowed to apply for the shorter period of time amid paying additional fees. In particular, there are options of 3 or 10 calendar days.
Q7.b. Can a licence be granted immediately on request?
There is no such statutory mechanism as immediate decision on request. The shortest period of time is 3 calendar days.
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, there are no such limitations.
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?
For nuclear materials, import permit is issued for – "import and export of radioactive materials, raw materials, from which a nuclear material can be obtained or produced, equipment containing radioactive substances, nuclear technologies or know-how, as well as export, import and transit of radioactive sources;" by the LEPL- Agency of Nuclear and Radiation Safety of the Ministry of Environmental Protection and Agriculture.
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?
The reasons of refusal are strictly provided for by the Law of Georgia on License and Permits which are binding for ANRS to obey. Those reasons are as follows (Article 27):
A permit issuer shall not issue a permit if:
(a) the application and attached documents submitted by a permit applicant do not meet the requirements set by law, and the permit applicant fails to carry out corrective measures within the period defined by an administrative body;
(b) a permit applicant does not meet the permit conditions defined by law or by a local self-government representative body under law;
(c) a permit applicant has been deprived of the right to carry out an activity in the respective permitted area under a valid court judgment of guilty.'
Are the reasons for any refusal given to applicants?
ANRS is obliged to give the reasons of refusal.
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 same Law gives the right to the applicant to appeal the decision of the permit issuer on refusing the permit before higher administrative organ (Ministry of Environmental Protection and Agriculture of Georgia, in case of ANRS decisions) or courts.
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?
Yes, they are, since those permits are granted within the license already held by the applicant.
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?
The License of Nuclear and Radiation Activity -
(a) License of nuclear and radiation activity issued to the importer;
(b) information on the specifications of the radioactive materials to be transported and of the protective containers;
(c) ensuring the safety and physical protection of radioactive materials during transportation.
In case of import of nuclear material additionally the following conditions must be considered:
(a) fulfilment of the international obligations under Nuclear Non-proliferation Safeguards for nuclear materials to be received;
(b) transportation of nuclear materials in accordance with the international obligations under Nuclear Non-proliferation Safeguards.
Q11. What documents are required upon actual importation?
The importer shall present the permit from ANRS and invoice to the customs officer.
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?
40 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.
Is there any deposit or advance payment required associated with the issue of licences?
The documents submitted in order to get the permit from ANRS shall be accompanied with the proof of payment.
Is it refundable?
It is refundable in cases strictly determined under the Law of Georgia on License and Permit Fees. If the applicant applies for the accelerated procedure described above, the Ordinance of the Government of Georgia also enshrines provisions on refund.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity of a permit is one year. There is no such mechanism as extension. The applicant shall submit new request/application on granting another permit.
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?
Permit cannot be transferred between the importers, since it is granted to the specific importer with the indication of its credentials and other details.
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.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No. The permit-holder is obliged to give a notice in ten days after import has been conducted.
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 shall be paid only in national currency.