Pesticides
- 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.
Regarding the importation of pesticides, the importers firstly apply the Pesticide Registration to the Department of Agriculture's website (https://mairs.doa.gov.mm). After receiving the pesticide registration certificate issued by the Pesticide Registration Board under the Ministry of Agriculture, Livestock and Irrigation, the importer shall apply for the Pesticide Import Endorsement to the Plant Protection Division under the Department of Agriculture and will be issued within one week if the submitted applications are complete and correct. The validity of Pesticide Import Endorsement is only six months. Therefore, the importer shall apply the import license at the Department of Trade within six months after approval of the Pesticide registration certificate and Pesticide Import Endorsement by the Department of Agriculture.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Licensing system is required for pesticides; insecticides, rodenticides, fungicides, herbicides, anti‑sprouting products and plant-growth regulators under HS No. 38.07.
Q3. The system applies to goods originating in and coming from which countries?
The license 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 licensing is not intended to restrict the quantity or value of pesticide importation. However, the approval system shall function to perform the duty of Montreal protocol on Substances that Deplete the Ozone Layer and other related International Agreements.
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 Section 31, Chapter 14 under the Pesticides Law, the Notification No. 9/2022 and the Notification No. 2/2021 issued by the Pesticide Registration Board and the sub-section 4 (c), Sub-section 13 (b) of under Export and Import Law (2012). The importer shall not import pesticides into the country without permission by the Pesticide Registration Board.
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. 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?
Pesticide Import Endorsement 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?
Applications for import approval are considered by two administrative bodies: (1) Pesticide Registration Certificate and Pesticide Import Endorsement from the Department of Agriculture and (2) Import License from 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?
There are no circumstances other than failure to meet standard criteria under which a license may be refused.
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 institutions are eligible to apply the import license if they meet the criteria. For importation of pesticides, the importer has got the certified pesticides applicator Training Certificate.
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?
Information concerning the application for pesticides, the importer shall apply the Pesticide Import Endorsement to the Department of Agriculture with the following documents:
- Copy of Certified Pesticides Applicator Training Certificate;
- Label in Myanmar Language;
- Pro forma Invoice;
- Copy of Pesticides registration certificate;
- Copy of license for repackaging and sale of pesticides for import pesticides to be repacked in local;
- Letter of authorization from manufacturer to importer and supplier;
- Copy of retail and wholesale licence;
- The original payment receipt of analytical fee;
- Copy of license for manufacture/Formulation sale of pesticides for technical grade pesticides;
- Copy of Company Registration Card/Certificate issued by DICA;
- Package sample of firmly attached pamphlet or clearly visible label if the package is smaller than 100 CC/gram; and
- Power of attorney and copy of National Registration Card (NRC) if applying on behalf of importer.
After receiving the Pesticide Import Endorsement from the Department of Agriculture, the importer shall apply the import license to the Department of Trade under the Ministry of Commerce through Trade net 2.0 online applications System.
Q11. What documents are required upon actual importation?
The following documents are required upon actual importation:
- Bill of Lading;
- Invoice and Packing List;
- Import License issued by DOT; and
- Pesticides import endorsement issued by DoA.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The importer shall pay 300,000 MMK per 20 Metric Ton to the Department of Agriculture as analytical fees for Quality Analysis and there is no refundable for it. There is no license fee for pesticides.
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?
The Pesticides import endorsement is valid for six months. 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-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 is no other condition attached to the issue of license.