Substances which deplete the ozone layer, specified hazardous wastes, wastes, chemical weapons goods (Import Approval Items)
- 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.
The METI shall designate and publish a list of items of goods for which import approval must be obtained, to comply with Article 3 of the Import Trade Control Order. A person wishing to import an item published in the above-mentioned list shall be subject to import approval for imports provided for in Article 4.
The list of items shall be made public by the METI in the Official Gazette, the Official Bulletin of Economy, Trade and Industry and International Trade Bulletin.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Approvals are required for:
(1) Controlled substances listed in Annexes A, B, C, Group I, Group II, Group III, D, E of the Montreal Protocol on Substances that Deplete the Ozone Layer coming from non-members of the Montreal Protocol on Substances that Deplete the Ozone Layer.
(2) Specified hazardous wastes in item 1 of Section 2 of the Law for the Control of the Export and Import of Specified Hazardous Wastes and Other Wastes.
(3) Wastes in item 1 of Section 2 of the Waste Management and Public Cleansing Law (except for wastes produced from ship or aircraft navigation in Article 4.2 and for a person who enters Japan carrying wastes) .
(4) Specified products in item 3 of Section 2 of the Law on the Prohibition of Chemical Weapons and Regulation.
(5) The chemical substances specified in item 5 of Section 2 of the Law on the Prohibition of Chemical Weapons and Regulation.
Q3. The system applies to goods originating in and coming from which countries?
(1) The approval system applies to paragraph 2(1) with regard to that coming from all countries excluding members of the Montreal Protocol on Substances that Deplete the Ozone Layer.
(2) The approval system applies to paragraphs 2(2) to 2(4) with regard to that coming from all countries.
(3) The approval system applies to paragraph 2(5) with regard to that coming from all countries excluding members of the Chemical Weapons Convention.
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 approval system is not intended to restrict the quantity or value of imports. It exists to perform the functions of the Montreal Protocol on Substances that Deplete the Ozone Layer, the Basel Convention on the Control of Movements of Hazardous Wastes and Their Disposal, Waste Disposal and the Public Cleansing Law, the Law on the Prohibition of Chemical Weapons and the Regulation of Specific Chemicals.
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 approval system is a statutory requirement of Article 4.1(2) of the Import Trade Control Order. Legislation leaves the designation of products subject to licensing up to administrative discretion. It is possible for the Government 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:
No quantitative limit on the importation of a product.
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)?
The items subject to import approval cannot be imported without a certificate of import approval. An importer shall apply for import approval, in advance of importation, taking into consideration around two weeks of the processing time.
Q7.b. Can a licence be granted immediately on request?
Examination needs sufficient time, therefore, an approval 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.
Importers may apply for import approval in any time of the year.
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?
Applications for import approval are considered only by 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 the standard criteria (e.g. the period of application, the eligibility of application, the documentation for application) comply with the procedures; however, in principle, approval shall not be given to the items listed in 2.(1) and 2.(5).
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?
All persons, firm or institution which fulfils the legal requirements are equally eligible to apply for and obtain import approval.
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?
An application and state of reason for import license should be submitted to the METI.
Q11. What documents are required upon actual importation?
A current certificate of import approval by the METI is required upon actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge for a permit.
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 in connection with the issuance of permits.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A license is valid for six months from the date of issue. The METI may designate a validity term different from this or extend the validity as required by certain circumstances.
An applicant has to approach customs bureau in the case of an application for extension of less than two months in total of validity, and in the case of more than two months in total, to the METI.
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 portion 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.