Seeds
- 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 Seed Law and Procedures, the Seed Division under the Department of Agriculture (DoA) issues the recommendation letter for importation of seeds to protect copy or fake seed distribution in the market. After receiving the recommendation letter, the importer needs to apply Import Certificate at the Plant Protection Division, Department of Agriculture. After that, the importers need to apply the import license at the Department of Trade under the Ministry of Commerce.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Approvals are required for the following products: all plant parts (e.g. Seeds, seedlings, tuber, bulb, rhizome, cutting, etc..) suitable for planting and cover the following HS code;
| HS No. | Description of Goods |
|---|---|
| 06.01 | Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots |
| 06.02 | Other live plants (including their roots) cuttings and slips; mushroom spawn |
| 0701.10.00 | Potatoes Seed |
| 0713.10.10 | Peas, suitable for sowing |
| 0713.20.10 | Chickpeas, suitable for sowing |
| 0713.31.10 | Beans of the species, suitable for sowing |
| 0713.32.10 | Small red (Adzuki) beans, suitable for sowing |
| 0713.33.10 | Kidney beans, suitable for sowing |
| 0713.34.10 | Bambara beans, suitable for sowing |
| 0713.35.10 | Cow peas, suitable for sowing |
| 0713.39.10 | Others, suitable for sowing |
| 0713.40.10 | Lentils, suitable for sowing |
| 0713.50.10 | Broad beans and horse beans, suitable for sowing |
| 0713.60.10 | Pigeon peas, suitable for sowing |
| 0713.90.10 | Others, suitable for sowing |
| 1001.11.10 | Durum wheat seed |
| 1002.10.10 | Rye seed |
| 1003.10.10 | Barley seed |
| 1004.10.10 | Oats seed |
| 1005.10.10 | Maize (Corn) seed |
| 1006.10.10 | Rice, suitable for sowing |
| 1007.10.10 | Grain sorghum (seed) |
| 10.08 | Buckwheat, millet and canary seeds, other cereals |
| 1201.10.00 | Soya beans seed |
| 1202.30.00 | Groundnut seed |
| 1204.00.00 | Linseed |
| 1205.10.00 | Low erucic acid rape or Colza seeds |
| 1206.00.00 | Sunflower seeds |
| 1207.10.10 | Palm nuts suitable for sowing/planting |
| 1207.21.00 | Cotton Seed |
| 1207.30.00 | Caster Oil Seed |
| 1207.40.00 | Sesame Seed |
| 1207.50.00 | Mustard seed |
| 1207.60.00 | Safflower seed |
| 1207.70.00 | Melon seed |
| 12.09 | Seeds, fruit and spores, of a kind used for sowing |
| 1212.93.10 | Sugarcane, suitable for planting |
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies to seeds 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 importation, but to prevent copy or fake seeds, and to provide the user with good quality seeds as per the seed-classes. Regarding with GMO crops, only non-food GMO crop (only GMO cotton seed) is partially accepted according to the National Seed Policy (2016).
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 licensing system is a statutory requirement of Article (38), Chapter 12 under the Seed Law (2011) and the Law Amending the Seed Law (2015), Clauses (30, 31, 32) under the Procedures relating to the Seed Law (2016) and the sub-section 4 (c) and 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 the 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 import 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 Recommendation Letter can be issued within 24 hours if the information in the application form completes and correct, but import license cannot be granted immediately upon request. The applied variety shall be allowed to import, only the variety for which recognition certificate and seed business license is issued for the commercial purpose.
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 and Import Certificate from the Department of Agriculture 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 requirements do not meet 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?
The qualification for application of Import Recommendation Letter, Import Certificate and Import License for seeds described on the website of Ministry of Agriculture, Livestock and Irrigation, Ministry of Commerce and Myanmar National Trade Portal.
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 information to apply the Import Recommendation Letter can be seen on the website (www.mairs.doa.gov.mm) and the importer needs to attach the invoice. After receiving the Import Recommendation Letter for seed importation, the importer needs to apply Import Certificate (IC) at the Plant Protection Division, Department of Agriculture (The application process for the Import Certificate (IC) can be seen in the plants and plant products section). After that, the importer shall apply the import license at 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:
- Import License issued by DoT;
- Seed Import Recommendation Letter issued by Seed Division, DOA with OGA reference number form trade;
- Import Certificate issued by DoA;
- Invoice and Packing list; and
- Bill of lading.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no license fee and administrative charge for importation of seeds.
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 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.