Wheat and dairy products

Document symbol
G/LIC/N/3/NAM/6
Original language
English
Published on
30/08/2010

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.

The importation of wheat and dairy products into Namibia for exemption from customs duties.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

A single permit system is used for importation of wheat and dairy products into Namibia for purposes of customs duty rebate. Conditions of importation are as stated on the import permit.

Q3. The system applies to goods originating in and coming from which countries?

The system does not discriminate by country.

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 system is not intended restrict quantity of imports.

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?

Is the licensing statutorily required?

A Decision by SACU Council of Ministers under 2002 SACU Agreement.

Is it possible for the government to abolish the system without legislative approval?

The system can be abolished without legislative approval.

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):

See answers 6.1-6.11

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?

Information on the quantities of wheat and dairy products that can be imported without customs duties as well as application procedure is published in the newspapers during September of every year.

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?

The quotas issued to applicants are determined on a yearly 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.)

The permits issued must be presented to customs officials in order to be exempted from the payment of customs duties. Unused allocations are not added to quotas for the succeeding period.

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?

Applications should be made in advance before arrival of the shipment. Interested importers are allowed a period of one month to apply for quotas and permits are considered when submitted throughout the year for companies that have been allocated quotas.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

Applications are processed within 1-2 days.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

Importation can be done immediately once permit is issued.

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?

The permit applications are handled by a single administrative organ. However, with regard to importation of wheat, a permit from the Namibian Agronomic Board is required before importation.

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?

Rebate import permits are only considered for companies that have been allocated quotas.

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?

N/A

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?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

No.

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

N/A

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)?

N/A

Q7.b. Can a licence be granted immediately on request?

N/A

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.

N/A

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?

N/A

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?

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Import permits are only refused if the quotas for the specific product have been depleted.

Are the reasons for any refusal given to applicants?

Applicants are informed of the reasons for refusal.

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?

There is no restriction on eligibility but importers wishing to import wheat and dairy products under rebate have to apply for allocation of quotas.

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?

Products and quantity to be imported, country of origin, port of origin, port of entry and date of importation. A list of conditions is indicated on the import permit.

Q11. What documents are required upon actual importation?

The rebate import permit, a permit from the Namibian Agronomic Board in the case of wheat and a veterinary permit from the Directorate of Veterinary Services for animal products.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

No.

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.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

The period of validity is normally one month.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences are non-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?

None accept those required for the issuance of an import permit.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

The provision of foreign exchange for import is subject to the requirements of the financial institution.