Ozone depleting 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.
Any person or organization who has a registration certificate/card for the business relating to ozone depleting substances or designed product for use of ozone depleting substances shall apply the import endorsement, which is a kind of import recommendation letter, to the Environmental Conservation Department. After receiving the approval of import endorsement, 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.
Licensing system is required for those substances:
- Halogenated Derivatives of Hydrocarbons (HS No. 29.03); and
- Mixtures containing halogenated derivatives of methane, ethane or propane, not elsewhere specified or included (HS No. 38.27).
Q3. The system applies to goods originating in and coming from which countries?
The permit system applies to the ozone depleting substances, Hydrochlorofluorocarbons (HCFCs) and the high global warming potential substances, Hydrofluorocarbons (HFCs) and its mixture 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. But, the approval system shall function according to the obligation of international agreements and its amendments: Vienna Convention for Ozone Layer Protection, the Montreal Protocol on Substances that deplete the Ozone Layer and its amendments such as the London amendment, the Copenhagen Amendment, the Montreal Amendment and the Beijing Amendment except Kigali Amendment. The Environmental Conservation Department publish the controlled and restricted list which identified by the International Agreements and its amendments to the importers yearly.
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 sub-section 42 (b) under the Environmental Conservation Law (2012), the Order on the operation of business relating to the Ozone Depleting Substances (notification No. 37/2014), the Notification No. 50/2014 issued by the Environmental Conservation Department 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?
The Import Endorsement can be issued immediately 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) Business Registration Certificate and Import Endorsement from the Environmental Conservation 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?
In general, no application is refused as 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?
As mentioned above, the importers who want to import the ozone depleting substances must hold the Registration Certificate of Business and then, they shall apply the Import Endorsement and Import License to the relevant Departments. Therefore, the ozone depleting substance business license holder shall:
- Comply with the guideline of the inspection from the Ministry or the Department or the Organization assigned by the Ministry relating to such business;
- Compile the statistics of annual information relating to his business and be inspected by the relevant authority;
- Stamp the registration number issued for his business on the container if he conducts the export or a manufacture of designed product for use of ozone depleting substances;
- Comply with the conditions containing in the registration certificate issued under the Ministry of Natural Resources and Environmental Reservation; and
- Comply with the order and directive issued by the Ministry of Natural Resources and Environmental Reservation.
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 importer who hold the Business Registration Certificate for ozone depleting substances shall apply the Import Endorsement to the Environmental Conservation Department (ECD) with the following documents:
- Business Registration Certificate issued by ECD;
- Certificate of Incorporation issued by DICA;
- Forma Invoice and Sale Contract;
- Power of Attorney;
- Purpose of the imported items, storage, handling, distribution/using, transportation;
- Photo Records;
- Chemical Identification; and
- Location Map.
After receiving the Import Endorsement from the Environmental Conservation 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 issued by DoT;
- Import Endorsement issued by ECD;
- 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 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 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 validity of a license and its extension 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. But, the importation will be supervised if the applicant who holds business certificate does not imported the ozone depleting substances within the succession two years.
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.