Precursors of narcotic drugs and psychotropic substances
- Document symbol
- G/LIC/N/3/LTU/1
- Original language
- English
- Published on
- 03/04/2003
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 licensing of imports of precursors of narcotic drugs and psychotropic substances is regulated by Law on the Control of Precursors of Narcotic Drugs and Psychotropic Substances of 1 June 1999 and Government Resolution No. 509 “Regarding the Implementation of the Republic of Lithuania on the Control of Precursors of Narcotic Drugs and Psychotropic Substances” of 8 May 2000 and is administered by the State Medicines Control Agency under the Ministry of Health.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Imports of precursors of narcotic drugs and psychotropic substances are subject to non-automatic licensing.
In accordance with the Government Resolution No. 509 “Regarding the Implementation of the Republic of Lithuania on the Control of Precursors of Narcotic Drugs and Psychotropic Substances” of 8 May 2000 the licencing covers: Please see Products.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to products 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?
The licensing is intended to protect the consumers.
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 licensing of trade in precursors is based Law on the Control of Precursors of Narcotic Drugs and Psychotropic Substances of 1 June 1999 and published in Official Gazette “Valstybes zinios” No. 55-1764, 1999 and Government Resolution No. 509 “Regarding the Implementation of the Republic of Lithuania on the Control of Precursors of Narcotic Drugs and Psychotropic Substances” of 8 May 2000 and published in Official Gazette “Valstybes zinios” No. 38-1068, 2000.
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):
For the products under restriction: Please see Answers 6.1-6.11.
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?
Information relating to quotas, formalities of filing applications for licences, exceptions and derogations is publiched in the Official Gazette “Valstybes zinios”.
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?
Quotas are determined on an annual basis according to International Narcotics Control Board.
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.)
Unused allocations are not added to quotas for next year.
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?
Import licences are granted at least 30 days prior to date of opening of the period of importation.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Applications for licences are processed within ten days.
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?
Licence applications are considered by one administrative body, namely State Medicines Control Agency under the Ministry of Health.
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?
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?
Export permits from exporting countries are not required.
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?
For issuance of licence there is no precondition that products 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?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The issue of a licence shall be refused if:
• not all the required documents have been presented or those presented have not been duly executed;
• there is a written notice of the supervising state institution regarding violations in the operator’s activities involving precursors and psychotropic substances;
• applying for a licence, the operator submitted fraudulent or incorrect information or the precursors are intended for illegal manufacture of narcotic drugs or psychotropic substances.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue a licence, the applicant has a right of appeal pursuant to the procedure provided by the 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?
Only those companies which have the licence to engage in the manufacture, processing of precursors and the licence to engage in wholesale of precursors, including broking, issued by the Ministry of Health, are eligible to apply for licence to import of precursors narcotic drugs and psychotropic substances.
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 importer is required to submit the following information with the application:
• the name of the operator, the enterprise registration number or the name, surname and personal code (for natural persons);
• the number and date of issue of the licence to engage in activities involving precursors;
• name of the precursor, the package, its size, the number of packages, commercial name of the mixture, the percentage of the precursor in the mixture, the international or chemical name of the precursor, the weight of the precursor in the consignment;
• purpose of application of the imported precursors, the consignee;
• manner and rout of transportation;
• name of the customs office at the border crossing point.
Q11. What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence along with the general document while conducting customs procedure.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
A state fee shall be collected for licence issuance in accordance with the Government Resolution No. 1458 “On Approval of the List of Entities Subject to Imposition of the State Fee, the Fee Rate and the Procedure for its Payment and Repayment” (Official Gazette “Valstybes zinios” No. 108-3463, 2000).
What is the amount of the fee or charge?
The fee rate is 1000 LTL (290 EUR).
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 issuance of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A licence is valid for two months from the date of issue and the validity can be extended.
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 it.
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 attached to the issuance 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 required prior to importation of precursors.
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 automatically provided by the banking authorities for products to be imported.