Non-Automatic Products
- Document symbol
- G/LIC/N/3/MDV/1
- Original language
- English
- Published on
- 15/04/2002
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 licensing system is regulated by Law No. 31/79 established all goods subject to import licensing. A single application form needs to be completed and submitted to the Ministry of Trade and Industries. The Ministry issues a General Import Licence to shop owners, tourist resorts, hotels and registered bonded warehouses.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Ministry of Trade and Industries operates a non-automatic licensing system. General licences are issued to those individuals and companies that have a valid business permit to sell the imported items. However, any registered business or enterprise such as local investments and foreign investments, can apply for an import licence to import materials required for that business. Individuals can also apply for an import license without the import permit mentioned above up to MRf 2000.- to import items for personal consumption.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating from all countries except Iraq, Serbia and Montenegro, import of whose products are prohibited as per international obligations.
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 system is set to up to monitor those who import the merchandise into the country has necessary permits to sell such items.
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?
Is the licensing statutorily required?
The licensing system is a statutory requirement under the law on export and import (No. 31/79).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does leave designation for products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
The government or the executive branch does not have the authority to abolish the system without legislative approval.
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)?
How far in advance of importation must application for a licence be made?
The importer must have a valid licence before the goods arrive into the country. Licences are issued on the same day to all applications submitted before 11.00 a.m. All applications submitted after the deadline will be issued the next day.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Arrangements have been made to issue licences after the goods arrive in the country. However a penalty fee will be levied on such applicants.
Q7.b. Can a licence be granted immediately on request?
All licences are granted immediately.
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.
Except for rice, flour and sugar for which there is a quota for private entrepreneurs, the importer could import up to the licence amount any time within licence period. Importers are allowed to apply to renew the import licence when they wish.
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 importer has to approach one administrative body.
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?
No applications have been refused other than the failure to meet the ordinary criteria.
Are the reasons for any refusal given to applicants?
Reasons for refusal are always made known to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes.
If so, to what bodies and under what procedures?
In the event of an application the applicant has the right to appeal to the Ministry of Trade and Industries.
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?
Licences are issued to those individuals, firms and companies who have a registered business or those who have registered a business under a government department. Licences are also issued to those who need to import items for their personal consumption, upon request.
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?
No other documents are required to be submitted with application form. For those applicants who do not have the necessary business permits shall provide a list of the items that need to be imported when applying for licence.
Q11. What documents are required upon actual importation?
Commercial invoices, licence issued by the Ministry of Trade and Industries and other relevant documents such as bill of lading are the documents that need to be submitted to the Customs in order to clear the goods.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No administration fee is charged, however a revenue stamp equivalent to 0.1 per cent of the import value needs to be submitted.
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.
None.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Licences are valid for one year.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
None.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
It is an offence to import products using another person’s licence.
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?
None.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
None.
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 by the banking authorities subject to availability.