Narcotic drugs and psychotropic substances (Controlled Chemicals of 1988 UN Convention)
- Document symbol
- G/LIC/N/3/MAC/27
- Original language
- English
- Published on
- 19/12/2024
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.
The import of narcotic drugs and psychotropic substances is subject to licensing control under Law No.17/2009, amended by Law No.10/2016, Law No.10/2019, Law No.22/2020 and Law No.10/2021. Licensing in relation to substances listed in Tables 5 and 6 appended to the Law is administered by the Economic and Technological Development Bureau
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
This licensing system covers all substances listed in Tables 5 and 6 appended to Law No.17/2009, amended by Law No.10/2016, Law No.10/2019, Law No.22/2020 and Law No.10/2021.
Q3. The system applies to goods originating in and coming from which countries?
This licensing system applies, regardless of the sources of goods.
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?
This licensing system is not to be construed as a means to impose restrictions on either the quantity or the value of imports, but to implement measures to control the illicit traffic of narcotic drugs and psychotropic substances as stipulated under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
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?
Licensing for the above-mentioned substances is a statutory requirement maintained under Law No. 17/2009, amended by Law No. 10/2016, Law No. 10/2019, Law No. 22/2020 and Law No. 10/2021. A regulation detailing on the procedures of licensing is already under way. However, it is clear that legislation does not leave the designation of substances to be subject to licensing to administrative discretion. Legislative approval is required before any changes could be made 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)?
Licenses must be applied for at least two working days in advance of importation.
Q7.b. Can a licence be granted immediately on request?
Where there is proof of a genuine need, import license might be processed 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.
There is no limitation as to the period of the year during which application for licenses and/or importation may be submitted.
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?
The Economic and Technological Development Bureau is the sole administrative organ to issue licences for the aforesaid specimens.
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 will be refused if the ordinary criteria are met. In circumstances where license application is not accepted, the applicant who has the right to appeal to the Economic and Technological Development Bureau will be informed of the relevant reasons.
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?
Importers who comply with Article 11 of Law No. 7/2003, amended by Law No. 3/2016, are eligible to apply for licences. For narcotic drugs and psychotropic substances listed in Chief Executive's Decision No. 109/2023, importation shall be handled by transhipment companies holding a valid licence issued according to Decree-Law No. 7/96/M.
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?
For each license, a single application form needs to be filled and handed in to the Economic and Technological Development Bureau. A sample of the form (import license) is attached in Annex C.
Q11. What documents are required upon actual importation?
Only valid import licenses have to be presented upon actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No administrative fee is charged for the issuance of import licenses.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity of a licence expires in 30 days from the day of issuance and cannot be extended. According to Law No. 12/2022 and its relevant regulations, the validity of licence of narcotic drugs and psychotropic substances categorized as dangerous goods under Chief Executive's Decision No. 107/2023 expires in 20 days from the day of issuance.
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 an import license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licenses are neither transferable nor negotiable among 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?
No.
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 procedural requirements.
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.