Chemicals and chemical related substances
- Document symbol
- G/LIC/N/3/MMR/1
- Original language
- English
- Published on
- 04/10/2023
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.
For importing chemicals and chemical related substances, the importer who has the business license and Registration Certificate shall apply the import recommendation at the Directorate of Industrial Collaboration (DIC). After approval of the import recommendation letter, the importer shall apply the import license at the Department of Trade.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Licensing system is required for organic chemicals under HS chapter 29 and inorganic chemicals HS chapter 28.
Q3. The system applies to goods originating in and coming from which countries?
The licensing 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 licensing system is not intended to restrict the quantity or value of importation, but to protect from being damaged the natural environment resources and being hazardous any living beings and supervise systematically.
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 licensing system is a statutory requirement of the Prevention of Hazard from Chemical and Related Substances Law (2013), Rules (2016) and Export and Import Law (2012).
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:
As mentioned above, no quantitative limit on the importation of a product:
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)?
Chemicals and chemical related substances cannot be imported without import license approval. Licenses cannot be obtained within a shorter time-limit and it may take 30 working days of processing time.
Q7.b. Can a licence be granted immediately on request?
Business License can be issued as soon as possible if the information completes, but license cannot be granted immediately upon request. Prior review of the application is required.
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.
Importers may apply for import approval in any time 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?
For the application of license, there will be two administrative bodies: (1) Import Recommendation from Directorate of Industrial Collaboration Department and (2) Import License from the Department of Trade.
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?
No application shall be refused if the standard criteria comply with the 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?
The applicant who fulfils the legal requirements is equally eligible to apply import license. The criteria are described in paragraph (5)(a) of the Prevention of Hazard from Chemical and Related Substances Rules (2016).
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 applicant needs to submit the following documents:
- Application letter (including company's letter head and signed by Managing Director or Director in Board of Director, original signature and seal);
- Copy of Pro forma Invoice (including country of origin, port of loading, port of discharging, packing type, total amount, signature of seller and buyer);
- Copy of Sale Contract including signature of seller and buyer, seal;
- Use of Chemical or related substance including original signature and seal;
- Original and Copy of Analysis Report (one year duration);
- Certificate of Analysis (COA) and Safety Data Sheet (SDS) from same country of origin or same import country including original company seal, signature and seal on every page;
- Copies of Company Registration, NRC or passport, import registration and list of Board of Director; and
- Copies of Chemical and related substances Business License, Registration Certificate and list of registered chemical and related substances.
After receiving the approval of import recommendation, the applicant shall apply the import license through trade net 2.0 online application systems of the Department of Trade.
Q11. What documents are required upon actual importation?
The following documents are required upon actual importation:
- Import License issued by DoT;
- Import Recommendation Letter issued by DIC;
- Invoice and Packing list; and
- Bill of lading, air consignment note or truck note.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The importer shall pay 100,000 MMK for one business license, 200,000 MMK for two business licenses and 300,000 MMK for three business licenses and above. The business license will be valid for two years. The import license fee is 90,000 MMK.
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 in connection with the issue of license.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
See reply for validity and extension of import license in chemical controlled substances section.
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 license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses 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 a license.