Telecommunications equipment
- 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.
According to the Telecommunications Law (2013), an applicant from domestic and abroad who desires to keep in processing or use any telecommunication equipment shall apply to the Posts and Telecommunications Department (PTD) in order to get the recommendation approval. After receiving the recommendation, the applicant shall continue to apply the import license at the Ministry of Commerce.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licensing system is required for the following;
| HS No. | Description of Goods |
|---|---|
| 85.17 | Telephone sets, including smart phones and other telephones for cellular networks or for other wireless networks; |
| 85.18 | Microphones and stands thereof; |
| 85.19 | Sound recorders |
| 85.21 | Video recorders |
| 85.22 | Parts and accessories suitable for use solely or principle with the apparatus of heading 85.19 or 85.21 |
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies to products 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 permit system is not intended to restrict the quantity or value of products.
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 Telecommunications Law (2013), The Licensing Rule (2014), Spectrum Rule (2015) 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:
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?
Technical Standard Approval can be issued within five working days if the required documents are complete but import license cannot be granted immediately upon 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.
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 the Posts and Telecommunications 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?
An application for a license may be refused if the equipment to be imported does not comply with the technical standard set by the government. The importer can resubmit the application with complete necessary documents in line with Article 27 of the Telecommunications Law (2013).
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?
An applicant shall apply the Recommendation Approval to the Posts and Telecommunications Department with the following documents:
- Company Letter Head;
- Dealer/Demonstrator Licence Form – 001 (Frequent Applicants);
- Invoice;
- Catalogue with full specifications;
- SAR TEST report (Only Mobile Handset); and
- Company Registration Certificate/Form VI/XXVI.
After receiving the recommendation approval from the Posts and Telecommunications Department, the importer shall apply the import license through trade net 2.0 online application systems of the Department of Trade under the Ministry of Commerce.
Q11. What documents are required upon actual importation?
The following documents are required upon actual importation:
- Import license or permit issued by DoT;
- Recommendation Approval issued by PTD;
- Invoice;
- 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?
There is no fee to be charged for the Recommendation Approval. The license fee is 90,000 MMK for Telecommunications equipment.
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 licenses.
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 the validity and extension of import license in controlled chemical 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-utilizing 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?
In principle, there is no other condition attached to the issue of a license.