Ozone-depleting substances
- 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 is required for the import of ozone-depleting substances. Import controls are governed by Decree-Law No.62/95/M and are primarily exercised by the Economic and Technological Development Bureau in accordance with Chief Executive Decision No.46/2022.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
This licensing system covers all goods specified in the referred Decree-Law and Chief Executive's Decision No.45/2022.
Q3. The system applies to goods originating in and coming from which countries?
This licensing system applies to the goods or products in the above-mentioned legislations originating in or coming from contracting parties to the Montreal Protocol. Importation of ozone-depleting substances from non-parties to the Montreal Protocol is strictly prohibited.
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?
As a contracting party, the Macao SAR authorities are required to abide by the obligations set out in the Montreal Protocol. For this reason, the quantitative limits agreed in the Protocol are imposed on the import of such 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 ozone-depleting substances is a statutory requirement maintained under Decree‑Law No. 62/95/M. Legislation does not leave the designation of products 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):
Import of ozone-depleting substances is subject to quantitative restrictions in the form of an overall limit monitored by the Environmental Protection Bureau (DSPA - Direcção dos Serviços de Protecção Ambiental). With regards to quota allocation to individual importers, 60% is based on their past performance and the remaining 40% allocated equally among importers who have submitted explicit requisitions.
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 concerning the annual quotas and their allocation is gazetted as Chief Executive's Decision No.46/2022 in Macao SAR Official Bulletin dated 21 March 2022.
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 the quota is determined in accordance with the provisions in the Montreal Protocol.
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.)
To ensure that licenses issued are actually used for imports, the Economic and Technological Development Bureau is confirmed and apprised by the Customs Service of the actual quantities imported.
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?
The submission of applications for licenses may be made at any time.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
All applications are processed within six working days from the day all necessary documents are received.
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?
Two authorities, namely the Environmental Protection Bureau and the Economic and Technological Development Bureau, are involved in the processing of license applications. Application for licenses should first be submitted to the Environmental Protection Bureau for opinions. Then the application, with the attached opinions if any, is forwarded to the Economic and Technological Development Bureau for approval. Licenses are issued by the Economic and Technological Development Bureau.
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?
No.
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 will be refused if the ordinary criteria are met, subject to the availability of quota allocated to the applicant. 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 licenses.
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?
Application forms for licenses should first be submitted to the Environmental Protection Bureau for opinions. Then the application, with the attached opinions, is forwarded to the Economic and Technological Development Bureau for approval. A sample of the import license application form 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 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 license expires in 30 days from the day of issuance and cannot 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 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?
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.