World Trade Organization

Import Licensing Procedures

Ozone depleting substances

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.

The Ozone Depleting Substances (ODSs) Permit – the Import permit system is regulated by Georgian Law on Ambient Air Protection and Government Decree No. 266 (21 June 2016) establishing the list of substances subject to import permit and relevant accounting form. On 29 May 2018, Government Decree No. 272 Amended Decree No. 266. Amendment entered into force on 1 June 2018. The permit system is administered by the Ministry of Environmental Protection and Agriculture.

Purposes and Coverage of Licensing

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

The Ozone Depleting Substances (ODSs) Permit - Import, export, re-export and transit of ozone depleting substances (ODSs) are subject to permitting.

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

The system applies to goods originating in and coming from 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?

Permitting intended to restrict the quantity of imports of Hydrochlorofluorocarbons (HCFCs) and limit purposes of import of Methyl Bromide (from 2015 import of Methyl Bromide is allowed only for quarantine and pre-shipment uses).

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 Ambient Air Protection and subordinated by- law on ODSs import and export permitting system are the legislative bases under which the permitting is maintained.

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

Existing legislation does not leave designation of products to be subjected to licensing to administrative discretion.

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

It is not possible for the government (or the executive branch) to abolish the system without legislative approval.

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?

The Information relating to quotas, formalities of filing applications for permit, exceptions and derogations are published in the Government Gazette. In addition, information is disseminated by different media outlets.

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?

Quotas are determined and permits for import are issued on an annual 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.)

Permits are allotted to importers regardless of whether they are producers of like products. Unused allocations are not added to quotas for the next year. To ensure that quotas are allocated actually, an annual import quota parceling for HCFCs is defined by sub-law. Names of importers to whom permits have been allocated can be made known to governments and export promotion bodies of exporting countries upon request.

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 time of announcing the opening of quotas, a period of at least 42 days is allowed for the submission of applications for permits.

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

Applications for permits are processed within 2-3 weeks.

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

There is no time gap between the granting of permit and the date of opening of the period of importation. There are no exceptions or derogations from the licensing requirement established by the legislation.

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:

N/A

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)?

N/A

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

N/A

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.

N/A

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?

N/A

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?

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?

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?

Q11. What documents are required upon actual importation?

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

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?

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

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?

Other Procedural Requirements

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?