Toothfish
- Document symbol
- G/LIC/N/3/HKG/27
- Original language
- English
- Published on
- 09/11/2023
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.
Import licences issued by the Agriculture, Fisheries and Conservation Department under the Conservation of Antarctic Marine Living Resources (Toothfish Catch Documentation Scheme) Regulation (Cap. 635A) are required for the import of toothfish items.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import of toothfish, including Antarctic toothfish (Dissostichus mawsoni) and Patagonian toothfish (Dissostichus eleginoides), is subject to licensing control. Import licences issued by the Agriculture, Fisheries and Conservation Department are required for the import of toothfish items, including live or dead toothfish, and any flesh or other part (whether raw, or in any way processed or preserved) of any toothfish.
Q3. The system applies to goods originating in and coming from which countries?
The import licensing requirements apply to toothfish items originating in and coming from all places outside HKSAR.
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?
The import licensing system is not intended to restrict the quantity or value of imports. It is a statutory requirement maintained under the Conservation of Antarctic Marine Living Resources (Toothfish Catch Documentation Scheme) Regulation (Cap. 635A) for the implementation of Conservation Measure 10-05 under the Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention) particularly for the tracking of harvested toothfish from the point of landing throughout the trade cycle with a view to protecting toothfish from illegal, unreported and unregulated fishing internationally.
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?
The Conservation of Antarctic Marine Living Resources Ordinance (Cap. 635) is the domestic legislation which gives effect to the CAMLR Convention. Under the Ordinance, the Conservation of Antarctic Marine Living Resources (Toothfish Catch Documentation Scheme) Regulation (Cap. 635A) has been made to provide the legal basis for maintaining the import licensing system. Any enactment or changes to the licensing regulation require 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):
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)?
Application for import licences should be lodged in advance of importation taking into account the processing time required by the Agriculture, Fisheries and Conservation Department, which is normally five working days after receipt of all necessary information and documents. (For applications submitted by post, an extra three to five working days may be required). The issue of a licence, however, is not automatic and shipment should not be effected unless and until a licence has been issued.
Q7.b. Can a licence be granted immediately on request?
Normally an import licence cannot be granted immediately upon request.
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 limitations as to the period of the year during which application for licence and/or importation may be made.
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?
Agriculture, Fisheries and Conservation Department is the sole authority to grant an import licence for toothfish items. Nevertheless, all applications for import licences must be supported by valid convention documents such as Dissostichus Export Document (DED) or Dissostichus Re-export Document (DRED) issued by the Export States in accordance with the CAMLR Convention.
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?
Licensing policy is based on the latest requirements of the relevant conservation measures under the CAMLR Convention. Normally an application for a licence will not be refused if the ordinary criteria are met. Reasons for refusal will be given to the applicant. Any applicant aggrieved by a decision of the Director of Agriculture, Fisheries and Conservation relating to refusal of an application, cancellation of a licence or attachment of any condition to a licence may appeal to the Administrative Appeals Board.
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?
Any person, company or institution can apply for a licence.
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 application form and the application guidelines which summarized the required information are available at https://www.afcd.gov.hk/english/fisheries/CCAMLR/TF_Lic/tf_lic_main.html.
Online application for Import Licence for Toothfish is also available through the Trade Single Window at https://www.tradesinglewindow.hk/portal/en/index.html.
Q11. What documents are required upon actual importation?
Import licence issued by the Agriculture, Fisheries and Conservation Department is required upon actual importation. The toothfish items being imported must also be covered by valid convention documents (e.g. DED or DRED) issued in accordance with the CAMLR Convention.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The application fee for an import licence is HK$375.
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 deposit or advance payment is required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A licence is normally valid for 180 days from the date of approval.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization. Any unused licence however should be returned on expiry.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licences are not transferable.
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?
Standard conditions, including the validity period, coverage of imported items and the requirements of inspection of the shipment by authorized officers, are applicable.
Other Procedural Requirements
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 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 banking authorities automatically provide foreign exchange for goods to be imported. No licence is required as a condition to obtaining foreign exchange.