Alcohol
- Document symbol
- G/LIC/N/3/JPN/22
- Original language
- English
- Published on
- 04/09/2023
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.
An importer who intends to import alcohol (which contains alcohol of 90 per cent by vol. or higher (HS No. 2207.10)) for the purpose of test, research or analysis shall obtain the approval of the METI for each import.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
An importer who intends to import alcohol (which contains alcohol of 90 per cent by vol. or higher (HS No. 2207.10)) for the purpose of test, research or analysis shall obtain the approval of the METI for each import.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to products 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?
This system does not regulate the volume or value of imports. However, the quantity must be appropriate judging from the purpose of its use.
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 METI gives approval in accordance with Article 17 of the Alcohol Business Law. The system does not leave any administrative discretion to designate which products are subject to the law. Legislation is necessary to abolish the licensing system.
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?
An application shall be submitted in accordance with application form No. 17 of the Alcohol Business Law, which was published in the Official Gazette dated 5 October 2000.
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?
There is no import quota.
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.)
A quota system is not applicable.
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?
A quota system is not applicable.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
The process of application is carried out within two 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?
Importers may declare import any time after they obtain import approval in accordance with Alcohol Business Law.
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?
Approval is given only by the METI.
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?
There is no import quota.
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 is no import quota.
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?
There is no import quota.
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)?
An importer shall apply for import approval, taking into account the time, which usually takes two weeks.
Q7.b. Can a licence be granted immediately on request?
It usually takes two weeks to obtain an import approval. It cannot be granted immediately on 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 is no limitation.
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?
An importer has to approach only the METI.
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?
No application shall be refused if an application complies with the ordinary criteria of application procedures. In case that an application for a licence is refused, reasons for the refusal should be explained to the applicant. The applicant can also request for examination to the METI in accordance with the Administrative Appeal Law.
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 restriction.
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?
Application for the import approval shall be submitted to the METI in accordance with the application form No.17 of enforcement regulation of the Alcohol Business Law
Q11. What documents are required upon actual importation?
A valid certificate of import approval issued by the METI is required upon an actual arrival.
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?
The import approval should be given to every conduct of import for the purpose of test, research or analysis. Therefore, importers of alcohol shall obtain approval of the METI for each shipment and such approval is valid only for each occasion of import, and there is no term of validity.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a part of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences may not be transferred.
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?
In principle, there are no other conditions attached to the issue of a licence
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?
There are no foreign exchange controls.