Goods subject to an Open General Licence
- Document symbol
- G/LIC/N/3/MLT/3
- Original language
- English
- Published on
- 13/12/2001
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.
Import licensing is maintained under the Importation (Control) Regulations 1969, published by legal notice in terms of the Supplies and Services Act (Cap 117) which provides that the Minister responsible for trade may make regulations to control imports. Licensing, therefore, is required by statute. Designation of products to be subjected to licensing requires ministerial authority. When a new item is inserted in the list or an existing one taken out, a copy of the relevant amending regulations has to be laid on the table of the House of Representatives. The list of controlled goods can be changed as necessary. The system can be abolished with ministerial approval.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
An open general licence is granted for the importation of all goods into Malta other than those listed in the Schedule to the above-mentioned regulations. A copy of the current unofficial revised version of the Schedule, published as Legal Notice No 213 of 1990 (incorporating all amendments thereto as a result of the publication of Legal Notices 52/1992, 27/1994, 35/1996, 19/1997, 6/1998, 267/1998 and 87/2001) is reproduced in the Annex.
Q3. The system applies to goods originating in and coming from which countries?
The Maltese import licensing system does not apply any discriminatory measures as regards countries from which imports are made. Importers are free to import from any source except from countries against which UN Security Council trade sanctions are in force.
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?
Whereas in past years licensing was generally intended to restrict the quantity or value of imports in the interests of developing local industry and agriculture, the system is now being regarded mainly as a means of monitoring health, veterinary, security and other similar considerations.Following measures undertaken during recent years, it was found possible to liberalize the importation of all manufactured products, with the exception of handmade lace and jewellery made of silver or gold filigree, which are considered as very sensitive items. With regard to agricultural products, only fresh and frozen whole fish is still kept under qualitative control as a safeguard measure afforded to the local fishing industry. Imports of wheat, barley, maize and certain petroleum products are exclusively state-traded.
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?
Licensing is required by statute.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Designation of products to be subjected to licensing requires ministerial authority.
Is it possible for the government to abolish the system without legislative approval?
The system can be abolished with ministerial 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?
Where no complications exist, licences may be issued on the same day of presentation of application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Applications for licences should be submitted before the placing of orders abroad.
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?
Except in cases where the importation of certain goods is prohibited, licences are not normally refused.
Are the reasons for any refusal given to applicants?
Reasons for refusal are generally given
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes applicants may appeal.
If so, to what bodies and under what procedures?
Applicants may, if they wish, appeal to the Minister responsible for trade.
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?
Maltese nationals and eligible local companies may apply for licences for the importation of goods for trading purposes.
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?
When applying for a licence prospective importers are required to give the following information:
a) full name and address of applicant;
b) importer's value added tax (VAT) registration number;
c) country of origin of goods;
d) country from which goods are being consigned;
e) approximate total cost and freight (C&F) value of orders; and
f) particulars of goods to be imported.
Q11. What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge.
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.
There is no deposit or advance payment requirement associated with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Normally the goods to which a licence relates have to be shipped within eight months from the date of issue of licence. In some special cases, licences are issued with a more limited validity period which, however, is always of a reasonable duration and does not preclude imports from any source. The normal period of validity of a licence of eight months may be extended on application to and at the discretion of the Director of Trade.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of it.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between 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?
Conditions aimed mainly to safeguard health, security, environmental and other such interests may be imposed on licences in relation to the goods being imported.
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 administrative procedures, apart from import licensing, other than in connection with compliance on conditions thereon, required prior to importation.
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 automatically provided by the banking authorities for goods to be imported against supporting documentary evidence.