Irradiation apparatus and radioactive material
- 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 any radioactive material or irradiation apparatus, the importers shall apply the application for prior permission, which is a kind of import recommendation letter or import certificate, at the Department of Atomic Energy (DAE). After receiving the prior permission, the importers must apply the import license at the Department of Trade, Ministry of Commerce. The importers shall comply with the license application according to the Standard Operating Procedure (SOP) published on Myanmar trade portal website (www.myanmartradeportal.gov.mm).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Permits are required for:
| HS No. | Description of Goods |
|---|---|
| 90221200 | Irradiation Apparatus |
| 90221300 | |
| 90222100 | |
| 90223000 | |
| 284430900 | Radioactive isotopes/Radioactive materials |
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 licensing system is not intended to restrict the quantity or value of imports, but only to protect public health and environment for the safety and security aspect and to ensure safety in utilization of atomic energy. The approval system shall function in accordance with the International Atomic Energy Agency (IAEA)'s Safety Standards Series no. GSR part I (2010), Chapter 4, Requirement 24.
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 article IX under the Atomic Energy Law (1998) and sub-section 4 (c), 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 prior permission issued by the Department of Atomic and Energy. 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 prior permission can be issued within two working days if the information and required documents are complete, 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 Prior permission/Import Recommendation Letter from the Department of Atomic Energy 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?
If the required documents are not complete, the application for import prior permission will be refused. As mentioned above, the applicants shall follow the right procedures described in the Standard Operating Procedures published by the Department of Atomic Energy.
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. In the application of radioactive materials and irradiation apparatus, the applicant must fulfil the following requirements:
- Designate Radiation Protection Officer to carry out the radiation protection programme;
- Provide personnel monitoring devices, Radiation Protective Equipment and safety measures, and radiation survey meters;
- Provide requirements for Radiation protection programme (Safety, Security);
- Provide enough administrative measure for environmental pollution;
- Abide by the Terms and Condition of the Authorization (License);
- Abide by the radiation Safety requirements issues by the DAE;
- Maintain records of exposure for each worker for whom assessment of occupational exposure is required;
- Shall kept secure so as to prevent loss, theft, damage and to prevent any authorized transfer or access to the sources and follow applicable rules and procedures for protection and safety.
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 radioactive materials and apparatus has been published on the official website of the Ministry of Science and Technology, Myanmar Trade Portal and Ministry of Commerce. An applicant firstly request the prior permission/ import recommendation letter to the Department of Atomic Energy with the following attached documents of detailed information on irradiation generators/irradiation apparatus or radioactive material:
For irradiation generators/irradiation apparatus
- Qualified Certificate of Radiation Protection Officer; and
- Specification of Radiation apparatus.
For radioactive materials
- Designed approved authority certificate;
- Leakage test certificate;
- Decay Chart;
- Source Certificate of Original Country;
- Standard Operation Procedure or Handling Procedure; and
- Emergency Response Plan.
After approval of prior permission, the applicant shall apply the import license to the Department of Trade 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:
- Prior Permission/Import recommendation letter issued by DAE;
- Designed approved authority certificate;
- certificate of country of origin;
- leakage test certificate;
- Decay chart;
- Import License issued by DOT;
- Invoice; 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 80,000 MMK for one number of radioactive source or irradiation apparatus and 40,000 MMK for dental X-ray are charged as a prior permission fee. The import license fee is 90,000 MMK for irradiation apparatus and radioactive materials.
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.
The advance payment of prior permission and import license is not required.
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 the controlled chemical substances section. The validity of the import prior permission is six months and it can be applied a new prior permission with the same procedures.
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 license, But, according to article XII, sub-section 31 and article XIII, sub-section 31 under the Atomic Energy Law (1998), an applicant shall not import the irradiation apparatus and radioactive material without the approval of prior permission.
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 a license.