Substances which deplete the ozone layer, specified hazardous wastes, wastes, chemical weapons goods (Import Quota 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 Minister of Economy, Trade and Industry (hereinafter referred to as "METI") shall designate and publish a list of items of goods for which allocations of import quota are required in accordance with Article 3 of the Import Trade Control Order. Importers of the items set out in the list shall be approved by the METI to import them according to Article 4 of the Order. The approval of import shall not be granted until importers apply for and obtain allocations of import quota in accordance with Article 9 of the Order.
The list of import quota items shall be made public by the METI in the Official Gazette, the Official Bulletin of Economy, Trade and Industry and the 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 controlled substances listed in: Annex A, Group I (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose); Annex A, Group II (excluding Import approval items in Substances which Deplete the Ozone Layer, and those used as raw materials for producing other substances); Annex B (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose); Annex C, Group I (excluding Import approval items in Substances which Deplete the Ozone Layer and those used as raw materials for producing other substances); Annex C, Group II (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose); Annex C, Group III (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose ); Annex E (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances, those used for laboratory and analytical purpose and those used for the quarantine of the export or import of cargo); and Annex F (excluding Import approval items in Substances which Deplete the Ozon layer, those used as raw materials for producing other substances) of the Montreal Protocol on Substances that Deplete the Ozone Layer.
Q3. The system applies to goods originating in and coming from which countries?
The approval 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?
In principle, the permit system shall be intended to restrict the quantity of imports. The approval system shall function to perform the duty of the Montreal Protocol. A certificate for an import quota shall be issued for transactions that are made based on the control of a treaty.
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 permit system is a statutory requirement of Article 4.1 (1) and Article 9.1 of the Import Trade Control Order. The controlled items shall be published as an Import Notice in the Official Gazette. Legislation leaves the designation of products subject to licensing up to administrative discretion. It would be 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):
The permit system applies to products coming from all countries.
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 about an import quota's application shall be published in the Official Bulletin of Economy, Trade and Industry and the International Trade Bulletin. The total amount is not published.
An application for import licensing is not necessary, in cases where the value of a cargo should be estimated below Yen 180,000 and should be of no-commercial value. In these cases, a declaration shall be sent to customs, and a confirmation shall be received from the customs bureau.
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?
The size of quota shall be determined based on the performance according to the Protocol. The amount of an import quota shall be determined on an one-year basis. In principle, for one import quota application procedure, an application shall be made once only, and the certificate for an import quota is issued based on this application. If several applications are made, several certificates based on these applications can be issued.
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.)
Licensed products shall be restricted quantitatively, which performs the duty of the Protocol. A certificate for an import quota shall be issued to a person who has been through the procedure based on the performance according to the objectives of the treaty.
Whether a certificate of import quota is actually used for imports or not is confirmed by the report of importation which importers are obliged to submit.
In principle, unused allocations are not added to quotas for a succeeding period as the allocation is determined based on the forecast of domestic supply and demand. However, as an exception, it shall be allowed, only on condition that an importer has no responsibility for the cause of unused allocations, or that prohibition from the exporter's side leads to unused allocation, etc.
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?
Publication of the information concerning procedures shall take place at least 21 days prior to the first day of accepting applications.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
After receipt of an application for import quota and approval, the METI shall process it as quickly as possible. It would take about three weeks to carry out the process required by the METI.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
An application for an import quota and approval shall be made prior to the import declaration. After issuance of the certificate of import approval issued by the METI, it would be possible for an importer to declare an import anytime, even on the very day of the issuance of the certificate of import approval.
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?
Consideration of an import quota and approval application shall be carried out 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?
When the scale of an import quota application is within the limit of the size of a quota calculated by every application factor, the demand for licences can be fully satisfied. Applications are examined 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)?
Q7.b. Can a licence 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.
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?
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.
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?
Only a person who carries out transactions that are made based on the control of a treaty is eligible to apply for an import quota.
The eligibility for an import quota comes under any one of the above. There is no other registration system.
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 for import quota allocation and approval should be submitted to the METI. Another requirement is a certificate demonstrating that an applicant meets the application criteria.
Q11. What documents are required upon actual importation?
A current certificate of import approval by the METI, which are issued on the certificate for an import quota issued 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.