Toxic chemical substances and materials
- Document symbol
- G/LIC/N/3/MDA/3
- Original language
- English
- Published on
- 03/03/2015
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.
Most goods enter the Republic of Moldova without an import license, with the exceptions of those specified in the national legislation. However, certain goods which may affect the health of citizens or raise environmental or national security concerns, require a licence/permission to be imported into the country. The licenses do not establish any limitations on the quantities of goods.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import of the following products is subject to licence/permission in Republic of Moldova:
d. import of toxic chemical substances and materials.
Q3. The system applies to goods originating in and coming from which countries?
The licenses and permissions apply to any product imported from any country, and products originating in any country.
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 license and permission requirements do not include any quantitative or value restrictions. It is designed to provide up-to-date information on trade in commodities of social or security concern. Licensing is believed to be the least costly way of securing such information.
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 import licensing system is legally regulated by:
- Law No. 451-XV of 30 July 2001 on Business Activity Licensing.
- Law No. 160 of 22 July 2011 on regulating the authorization of entrepreneurial activity.
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?
An applicant for an import licence/permission may submit an application at any time.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The decision to issue a licence, or to refuse one, is made within 5 working days from the date of the presentation of all the necessary documents and respectively within 10 working days to issue or refuse a permission.
Q7.b. Can a licence be granted immediately on request?
There is no defined shorter time-limit, but the legislation provides that if no reasonable rejection is given within a predetermined time limit, the license/permission is deemed issued by the issuing authority.
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.
A licence/permission is issued for the period stipulated by the Law. There is no minimum time frame between the date of the issuance of the licence/permission and the date by which the importation must occur. Procedures do not vary according to the period of the year.
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?
Which administrative body is responsible for approving application of licences?
Generally, consideration of application for import licence is effected by only one administrative body, Licensing Chamber. In the case of (d) the licence on importation is granted by the Licensing Chamber.
Must the applications be passed on to other organs for visa, note or approval?
In case of the permission consideration of permission applications is carried out by the respective issuing 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?
An application for an import licence/permission may be refused if any of the requirements set forth in the legislation is not met.
Are the reasons for any refusal given to applicants?
The reasons for refusal must be provided in writing to the applicant.
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 legal persons are equally eligible to apply for import licences/permission.
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?
What information is required in applications?
The application for import of certain products has to provide the following information:
(a) Declaration of the model established by the respective authority, signed by the person making the declaration, containing:
• name, legal form of organization, location, company or organization IDNO; name, address and IDNP of the individual;
• type of activity, full or partial, for which the license applicant intends to obtain a license;
• assuming the responsibility for complying with license conditions to conduct the type of activity for which the license for the authenticity of submitted documents.
What documents is the importer required to supply with the application?
(b) Declaration for issuing the license is accompanied by the following documents:
• copy of certificate of state registration of the enterprise or organization or the ID of the individual;
• Additional documents in accordance with the legislative acts regulating the licensed activity of the requested license;
In order to obtain the permissive act, the applicant must submit to the issuing authority, personally, by recommended letter or by e-mail the necessary documents required by the legislative act that regulates the respective activity or an application accompanied by an affidavit on compliance requirements of legal acts regulating activities for which require permissive act.
Q11. What documents are required upon actual importation?
Upon actual importation the following documents are required:
• Import licence/permission
• Commercial invoice
• Sale Purchase Contract
• Annex (specification) to the sales contract
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
There is a one-time mandatory fee for obtaining the licence aiming to cover the administrative expenses. The amount for the licence fee is determined in conformity with Article 18 of Law No. 451-XV of 30 July 2001 on Business Activity Licensing.
What is the amount of the fee or charge?
The amount for the permission fee is expressly specified in the Nomenclature of Permits
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 other deposit or advance payment except that paid for licensing/permission fee.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
In general the permission is issued for an unlimited time period, as well as for defined time period, stipulated by Law. The validity of the licence varies from 1 to 5 year, according to the type of the licence required. The validity of the licence/permission can be extended, but not after the term of validity of the economic agreement, which refers to this licence/permission.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties for the non-utilization of a licence/permission. If a licence/permission is not utilized, it is cancelled and returned to the issuing institution.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences/permissions 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?
There are no other conditions attached to the issue of license/permissions.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other administrative procedures are required.
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?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided through the banking system for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
A licence/permission is not required as a condition to obtain foreign exchange.
Is foreign exchange always available to cover licences issued?
Foreign exchange is always available to cover licences/permissions issued.
What formalities must be fulfilled for obtaining the foreign exchange?
The only formality to be performed in order to obtain foreign exchange is to present the import contract indicating the amount to be paid for imported goods.