Staple food items
- 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):
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 pertaining to quotas and the application procedures are broadcast through television, radio and the newspapers. The total quota amount is made known to all applicants to the quota. No country specific quotas are established. The maximum amount allocated to each importer is also announced. There is no derogation or exceptions from the licensing system.
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 quotas are only set for staple food items and are determined on an annual basis. The quota is divided on a three-monthly basis. The importer is required to fulfill 100% of the quota amount for the first three months period before the end March, to be eligible for the next nine months and the following year's quota. The licences issued to import food items are issued for one year.
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.)
No differentiation is made when issuing licences. Licences issued by Ministry are issued for the entire year and are open general licences. Quotas are allotted to those who have the necessary storage facilities such as go downs and the distribution facilities. Any unused allocation cannot be added to the quotas for a succeeding period.
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 Customs keep a record of all the quota holders and the quota allocated to them and checks the quota amount imported by the quota holders. Any unused allocation is not added to the quotas for a succeeding period.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Applications must be normally submitted within ten to twenty days from the date of announcement of the quota.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
When the deadline is up all applications are processed immediately. Import licences are granted simultaneously as the opening of the quota.
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?
One administrative body grants licences.
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?
Licences are granted based on past performance. The requirement is that the applicant has the facilities to store imported items and also whether the importers have had previous experience in selling such items based on the above criteria. The quota will be divided equally among all eligible applicants. No maximum amount per applicant is allocated. All applicants who are new importers must also have the necessary facilities to store the imported items. All applications are processed simultaneously.
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?
Quota holders are able to obtain import license 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 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)?
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?
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.