Tea and tea products, tobacco and tobacco products
- Document symbol
- G/LIC/N/3/MUS/13
- Original language
- English
- Published on
- 15/12/2023
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.
The National Agricultural Products Regulatory Office (NAPRO) came into operation in November 2013. NAPRO controls and regulates the import, export, production, and sale of regulated products in Mauritius. The National Agricultural Products Regulatory Office Act 2013 defines regulated products in the First Schedule as including tea and tea products and tobacco and tobacco products. NAPRO does not issue licences for importation of regulated products but issues Clearance Certificates for regulated products already imported into Mauritius.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import of:
(i) Tea and tea products; and
(ii) Tobacco and tobacco products are subject to import clearance (similar to automatic licensing), and the system has no trade restricting effects.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from all countries.
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 clearance system is for statistical purposes and to ensure that the products are in conformity with local regulations.
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?
The system is under the National Agricultural Products Regulatory Office Act 2013, the National Agricultural Products Regulations 2013 and the Public Health (Restrictions on Tobacco Products) Regulations 2022.
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)?
Applications may be made prior to import of goods. Applications are considered on receipt and information concerning filing of applications for clearances are provided at the office, by phone and by mail upon request and usually processed on the same day or on the next working day.
Q7.b. Can a licence be granted immediately on request?
The application may be approved immediately on request but authorization to remove the goods from the port or bonded Warehouse is conveyed after inspection.
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 are no limitations as to the period of the year during which application for clearance may be made.
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?
Consideration of applications for tea and tobacco products are effected by one administrative unit, NAPRO. However, for import of tea and tea products, the prospective importer must also apply for a Plant Import Permit (PIP) from the National Plant Protection Office (NPPO) through the online platform of Mauritius Networking System (MNS). A PIP is generally issued by NPPO upon approval from NAPRO for importation of tea and tea products. The consignment of tea and tea products should be accompanied by a Phytosanitary Certificate issued by the appropriate authority of the country of origin.
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?
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?
All persons, firms and institutions are eligible to apply. Clearance Certificates are issued to importers regardless of whether they are producers of like products or not. However, Clearance Certificates for import of black tea in bulk are issued only to producers of tea for blending 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?
The application form is available at the office of NAPRO and can also be downloaded from the website of the NAPRO.
Q11. What documents are required upon actual importation?
Upon importation the importer is required to submit the approved application together with the invoice, packing list , bill of lading, bill of entry (customs declaration form) and a Phytosanitary Certificate for tea products.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is an application and a clearance fee. Different fees are charged for different products and depend on the quantity of products imported (As per Annex I).
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 Clearance Certificate for the import of tea and tea products is valid for one month and that for tobacco and tobacco products is valid for six months as from the date of issue. Request for extension may be considered on a case-by-case basis. In case the validity period has expired, another application fee will be payable.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a clearance or part thereof, but the fee paid is not refundable.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Clearance Certificates are not transferable.
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 for clearance are listed in the application form which can be downloaded from the website of NAPRO.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
For tea and tea products, prior to importation the prospective importer must be in possession of a Plant Import Permit issued by National Plant Protection Office (NPPO) which is delivered upon approval from NAPRO.
For tobacco and tobacco products imported for sale on the local market, first time importers must have the approval from the Ministry of Health and Wellness with respect to packaging and labelling 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?
Foreign exchange is provided by banking authorities without impediments.