Plants, pests, containers and packaging for containing or wrapping plants, soil
- Document symbol
- G/LIC/N/3/KOR/17
- Original language
- English
- Published on
- 19/11/2024
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.
By embracing the principle of free trade, Korea has continued to reduce its trade-related regulations. In this context, restrictions on trade, if any, are limited to the very minimum necessary.
As a general rule, no licensing (since 1 July 1993), registration (since 1 March 1997) or notification (since 1 January 2000) is required for importers and exporters.
The Foreign Trade Act is the basic law that governs international trade between Korea and other countries. Specific items for which exports and/or imports are restricted are listed under the Export-Import Notice published by the Ministry of Trade, Industry & Energy (MOTIE). However, at present, no item is subject to import restrictions under the Export-Import Notice except aircraft parts.
In addition to the Foreign Trade Act, 64 separate laws also stipulate approval or authorization requirements for certain items, and such items can be imported by obtaining certifications and approval. These requirements are in place mostly for the protection of morals, human health, hygiene and sanitation, animal and plant life, aquatic animal and aquatic plant health, environmental conservation or essential security interests in compliance with domestic legislation obligations or international commitments.
To enhance transparency and for the convenience of trading companies, MOTIE has updated the Consolidated Public Notice containing all export and import certification requirements covered by the 64 separate laws.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
As of September 2011, there are no quantitative import restrictions. In addition, rice has not been subject to quantitative import restrictions since 2015 due to "tariffication". Import-related requirements provided by the 64 separate laws pertain to petroleum, agricultural fertilizers, crop seeds, animals and animal products, nuclear materials, narcotics, foods and food additives, firearms and explosives, etc.
Plants, pests, containers and packaging for containing or wrapping plants, soil. See Products.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and 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?
No import-related regulations are intended to restrict the quantity or value of imports. Rather, they are maintained in order to protect national security, human, animal or plant life or health, and the environment, etc. in accordance with the provisions of Articles XX and XXI of GATT 1994, other WTO Agreements and other international rules or agreements.
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 import approval system is enforced under the Foreign Trade Act, the Enforcement Decree of the Foreign Trade Act, the Foreign Trade Management Regulation and the Export-Import Notice. The import-related requirements are set forth in the 64 domestic laws in the Consolidated Public Notice. A list of these laws is attached in Annex I. The detailed conditions for approval are prescribed in enforcement decrees or regulations for the above-mentioned 64 domestic laws.
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)?
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?
An application for approval cannot be rejected if it satisfies the established criteria.
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?
Is there a system of registration of persons or firms permitted to engage in importation?
No licensing (since 1 July 1993), registration (since 30 December 1996) or notification (since 1 January 2000) is required to become and importer or exporter.
What persons or firms are eligible to apply for a licence?
For statistical purposes only, the Korea International Trade Association (KITA), a private organization, assigns upon request a trade business number to anyone who wishes to carry out trade business.
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 offer sheet or a copy of the contract and other necessary documents must be submitted together with the application. Please see attached Sample Form
Q11. What documents are required upon actual importation?
In the case of import-restricted items, the import declaration, import approval, commercial invoice, Bill of Lading and other necessary documents must be submitted.
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.
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.
There is no deposit or advance payment requirement associated with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
In principle, the period of validity for import approval is one year. However, the period can be extended or shortened, depending on specific circumstances, when the approval is issued by the relevant administrative agency.
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-utilisation 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 are not transferable between importers.
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?
There are no other conditions associated with the issuing 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, apart from import licensing and similar 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?
Foreign exchange is provided automatically for goods to be imported under the standard settlement method.