Ships, boats and floating structures
- Document symbol
- G/LIC/N/3/ISL/3
- Original language
- English
- Published on
- 28/10/2004
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.
All ships, boats and floating structures, which are imported to Iceland, have to be approved by the Icelandic Maritime Administration, hereinafter referred to as “IMA”. The approval is made by inspections of vessels, their documents and in some cases approval of their drawings prior to import and registration. All ships, boats and floating structures of 6 meters in length and over shall be registered. The right to register a ship, a boat or a floating structure is limited to Icelandic citizens or companies with a legal residence in Iceland. This right also applies to citizens of the EEA Member States. Ships, boats and floating structures used for fishing may only be registered by persons who are Icelandic citizens and have legal residence in Iceland and companies registered in Iceland, which are fully in the ownership of Icelandic citizens with legal residence in Iceland.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
No licensing system, as such, is maintained. With regard to import of ships, boats and floating structures, the importer applies to IMA for a permission to import. After a survey of drawings and other documents and an inspection on board the importer is either granted the permission or rejected.
Q3. The system applies to goods originating in and coming from which countries?
The regulations apply to importation 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?
The purpose is to maintain a certain standard of safety and pollution prevention of Icelandic ships, boats and floating structures. No alternative methods have been considered with regard to import licensing.
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?
Act no. 47/2003 on control of ships applies to import of ships, boats and floating structures. The licensing is statutory required. The legislation does not leave the designation of products to be subjected to licensing to administrative description. 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):
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)?
In Iceland there are no regulation specifying a maximum or minimum time limit for an application.
Q7.b. Can a licence be granted immediately on request?
No, see replies 1 and 2.
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.
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?
Customs Authorities must approve the importation of ships, boats and floating structures as other importation of any goods into the country. If the ship or the boat is designed for fishing within the Icelandic 200-mile fishing limit, the ship must obtain a fishing quota either through purchase or rent. The Ministry for Fisheries has to approve the transfer of the quota to the ship or the boat.
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?
None. The reason for refusal shall be given to the applicant. The applicant has the right to appeal. In case of IMA, the applicant has the right to appeal to the Ministry of Transport and Communication according to Act. No. 47/2003. The applicant also has the right to appeal to the 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?
There is no system for registration of persons or firms permitted to engage in importation. For persons or firms eligible see reply 1. There is a registration fee. There is no published list of authorised importers.
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 importer must submit to the IMA, drawings and other documents related to safety, labour matters and pollution prevention. There is no specific form for an application.
Q11. What documents are required upon actual importation?
The buyer must submit to the IMA the Bill of Sale and, if applicable, a document confirming that the ship, the boat or the floating structure has been deleted from the former registry.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Yes. The amount depends on the type of the type of the ship, the boat or the floating structure and ranges from USD 50 to USD 120. In addition, the buyer has to pay a special survey fee which depends on the costs involved. Finally the buyer has to pay a stamp fee of 0.4% of the price of the ship, the boat or the floating structure.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
There is no maximum period of validity of import licences specified. However, if the time from the issue of licence to the actual registration is abnormally long, another survey might be required.
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?
See reply 1.
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?
See reply 1.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
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?
Yes. No. Yes. An application form with the name and ID number of the applicant has to be filled out at the exchange. Foreign exchange is available without any restrictions at all.