Fishery products and related products
- 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.
An import license is required for the importation of fishery products and related products in order to protect harmful substances to ensure the food safely and against the epidemic diseases. Before apply for import license, the applicants firstly request the import recommendation letter from the Department of Fisheries under the Ministry of Agriculture, Livestock and Irrigation.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licensing system covers the following products:
| HS No. | Description of Goods |
|---|---|
| Fishery products | |
| ex 03.03 | Pacific Salmon, Atlantic Salmon, Trout, Yellow fin tuna, Skipjack tuna, Atlantic blue fin tuna, Pacific blue fin tuna, Pacific mackerel, Pacific mackerel, Pacific Saury, Cod fish, Hake fish, Alaska Pollock, Red Snapper, Amberjack tuna, Japanese bonito, Mackerel |
| ex 03.04 | Trout, Pangasiusspp |
| Related products | |
| ex 03.03 | Salmon Roe, Cod Fish Roe, Capelin fish |
| ex 03.06 | King Crab, Snow Crab |
| ex 03.07 | Scallop Half Shell, Japanese Flying Squid, Scallop meat, Oyster, Manila Clam, Abalone, Black Mussel |
| Shrimp | |
| ex 03.06 | White leg shrimp, Alaskan Pink Shrimp |
| CMP/Contract Processing (cut-make-package) | |
| ex 03.03 | Cat fish |
| ex 03.04 | Flat fish |
| ex 03.08 | Sea Cucumber |
Q3. The system applies to goods originating in and coming from which countries?
The system applies to products 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 aims to protect against the epidemic diseases and the endangered species and also avoid from food borne diseases. There is no limitation of quantity or value of import. In principle, the importer cannot apply a new recommendation letter if all the amounts of goods approved in the previous recommendation letter are not imported into the country. The recommendation letter must be used within three months after issuing by the Department of Fisheries.
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 approval system is a statutory requirement of the Directive 9/2014 "Recommendation for importing raw fish", the Directive No. 8/2018 "Technical Regulations for Export and Import of Fishery Products" published by the Department of Fisheries and the sub-section 4 (c), sub-section 13 (b) under the 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:
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)?
The product cannot be imported without import license's approval. License 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?
Import recommendation letter can be issued within one week 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 letter from the Department of Fisheries 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?
In general, no application is refused so long as that application meets the ordinary criteria.
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, firm or institution which fulfils the legal requirements are equally eligible to apply import license.
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?
For request form of import recommendation letter for fishery products and related products, the following documents are required:
- Description the route (Airline/Container/Land Border) to be imported through the country (Means of transport);
- Commitment to communicate through online MACCS system;
- Request Form with Company's Letterhead signed by company's director;
- Sale Contract and Invoice;
- Packing List;
- Sanitary Certificate or Health Certificate and Country of Origin;
- Certificate of incorporation/Company Registration Card issued by DICA; and
- Permission from Myanmar Investment Commission (for contract processing only).
After receiving the import recommendation letter from the Department of Fisheries, the applicant shall apply the licence through trade net 2.0 online application system of the Department of Trade.
Q11. What documents are required upon actual importation?
The following documents are required upon actual importation:
- Recommendation Letter issued by DOF;
- Import License issued by DOT;
- Sale Contract and Invoice;
- Packing list; and
- Sanitary Certificate or Health Certificate and Country of Origin.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The laboratory test fee for fishery products and related products are charged 25,000 MMK for microbiological test based on the imported amount. The import license fee is 90,000 MMK for fishery products and related products.
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 of a license and its extension 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.