Live animals, meat, animal products, fish, crustaceans and molluscs, vegetables, live plants, seeds, mushroom spawn and animal or vegetable fertilisers
- Document symbol
- G/LIC/N/3/MAC/26
- Original language
- English
- Published on
- 31/08/2023
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 import license supported by International Animal Health Certificate/International certificate of vaccination or another specific requirement is required for the import of live animals (mammals, birds and reptiles). Furthermore, an international sanitary certificate is required for the import of animal products destined for human consumption (meat, meat products, egg, dairy products etc:), fish, crustaceans, molluscs and other aquatic invertebrates, and international phytosanitary certificate for edible plant, live plants, seeds, mushroom spawn and edible animal or vegetable fertilisers.
Import permits will be issued by the Municipal Affairs Bureau (IAM - Instituto para os Assuntos Municipais) for the import of live animals and the health requirements will be different according to their origins from different countries.
Import licensing, health controls and control of importation of animals, plants and animal original products are outlined in the Official Gazette and governed by Law No.7/2003, amended by Law No.3/2016; Administrative Regulation No.28/2003, amended by Administrative Regulation No.19/2016; Administrative Regulation No.40/2004, amended by Administrative Regulation No.15/2022 and Chief Executive Decision No.209/2021.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import license for specific products is granted by the IAM (see Annex A-I), and is required for chapters 1, 2, and 3 as mentioned below and a few products in chapters 4, 16, 21 and 95. All other commodities mentioned below can be imported with an import declaration.
List of commodity sections and chapters of the Nomenclature for the External Trade of Macao/Harmonized System (NCEM/HS) subject to sanitary/phytosanitary inspection mentioned in Annex III of the Chief Executive's Decision No.209/2021:
- Live animals, Chapter 1.
- Meat and edible offal (fresh, chilled, frozen or prepared), Chapter 2.
- Fish (except ornamental fish, NCEM/HS Code: 0301.11.00 and 0301.19.00) and crustaceans, molluscs and other aquatic invertebrates, Chapter 3.
- Dairy products, birds' eggs, natural honey, edible products of animal origin, Chapter 4.
- Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked, animal products not elsewhere specified, Chapter 5.
- Live trees and other plants, bulbs, roots and the like; cut flowers and ornamental foliage, mushroom spawn, Chapter 6.
- Edible fresh vegetables, fruits, nuts and certain roots and tubers, Chapters 7 and 8.
- Seeds, fruit and spores, of a kind used for sowing; fresh sugar cane (NCEM/HS Code: 1209, 1212.93.00);
- Pig fat (including lard) and poultry fat, Chapter 15.
- Preparations of meat, of fish, of crustaceans, molluscs or other aquatic invertebrates, or of insects, Chapter 16.
- Formula milk powder, (NCEM/HS Code: 1901.10.41, 1901.90.40);
- Ice cream and other edible ice, Chapter 21.
- Dog or cat food, put up for retail sale, containing animal origin ingredients (NCEM/HS 2309.10.20).
- Animal or vegetable fertilisers, whether or not mixed together or chemically treated; fertilisers produced by the mixing or chemical treatment of animal or vegetable products (NCEM/HS Code: 3101.00.00).
- Animal for circuses, Chapter 95.
Q3. The system applies to goods originating in and coming from which countries?
Import license or import declaration applies to the animals and products mentioned above coming from all countries and territories outside the Macao SAR.
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 import licensing system is not intended to restrict the quantity or value of imports, but to protect public health, animal health, animal welfare and prevent the introduction into and spread within territory of destructive plant diseases and pests.
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 licensing system is a statutory requirement maintained under Law No.7/2003, amended by Law No.3/2016; Administrative Regulation No.28/2003, amended by Administrative Regulation No.19/2016; and Chief Executive Decision No.209/2021. Import of species under CITES code is regulated by Law No.2/2017 and Administrative Regulation No.19/2017. The CITES species are listed in Chief Executive's Notice No.5/2020.
Legislation does not leave designation of products subject to licensing to administrative discretion.
Legislative approval is required when any changes are introduced to the existing 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?
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)?
Application for import license should be submitted in advance of importation (at least three working days).
However, in a small number of cases, some applications are exceptionally accepted on the working day prior to arrival. Import declarations are also accepted on the working day prior to arrival.
Q7.b. Can a licence be granted immediately on request?
Where there is proof of a genuine need, import license may exceptionally be granted on request*.
*"Exceptional cases" are defined as those that are claimed beforehand either by the exporter or importer as of urgent character or in need by the importer, particularly when dispatched by air through Macao International Airport or via express service. The normal procedure is to produce (documentary) evidence supported by reasonable explanation to his/her claim, namely letter(s) by the importer declaring so. Also, in case of events and exhibitions to be held locally, where imports into the Macao SAR, on a particular date, of certain type of goods either for sale or consumption are proved to be urgent or necessary.
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 of time as to the period of the year during which application for importation should be made.
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?
Import license is administered by the IAM. However, the Economic and Technological Development Bureau is the sole administrative organ to issue import licenses relating to the animals and plants listed in CITES (including their readily recognizable parts and derivatives) and medicines containing or claiming to contain tiger or rhino ingredients.
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?
Application of import license will not be refused if the ordinary criteria are met.
The reasons for refusal are always given to the applicant who has the right to appeal to the Chairman of Administration Committee on Municipal Affairs.
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, firms and institutions, complying with Article 11 of Law No.3/2016, (amendment to Law No.7/2003), are eligible to apply.
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?
The required information is outlined in a sample application form for the import license and attached in Annex A-II.
Q11. What documents are required upon actual importation?
The required information is summarized in Annex A-I. Controls of and requirements for import of live animals (mammals, birds, reptiles etc.), animal products destined for human consumption (meat, meat products, eggs, dairy products etc.), fish, (except for ornamental fish), crustaceans, molluscs and other aquatic invertebrates, edible ice, prepared animals fodder, vegetable, live plants (any part of plants), seeds, mushroom spawn, and animal or vegetable fertilisers.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No fee is charged for import license and import declaration.
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; except for the import permit fee (whenever an import permit is needed), the inspection fee for live animal import, and the dog license fee (for the import of dogs) which are requested to be paid in advance.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity for import license is 30 days from the day of issuance, whereas the validity for import declaration is ten working days following the confirmation of Macao Customs Service.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilisation of import license. If the import license is not used, importers can apply for a refund of dog license fee, but the live animal inspection fee and the import permit fee are non-refundable.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Neither import license nor import declaration is transferable.
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?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
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.