Cluster munitions
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
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.
The Cluster Munitions Prohibition Act 2009 prohibits the import of all cluster munitions, except for cluster munitions to be used, developed, produced, otherwise acquired, possessed, retained, imported or exported for the purposes of developing, or training persons in, techniques of cluster munitions detection, clearance, deactivation, or destruction.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
(a) The Minister of Foreign Affairs may, by notice in writing, authorise cluster munitions to be used, developed, produced, otherwise acquired, possessed, retained, imported or exported for the purposes of developing, or training persons in, techniques of cluster munitions detection, clearance, deactivation, or destruction.
(b) A cluster munition means a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms and
(i) includes those explosive submunitions; but
(ii) does not include
- a mine; or
- a munition or submunition that is designed:
- to dispense flares, smoke, pyrotechnics, or chaff; or
- to produce electrical or electronic effects; or
- a munition that is designed exclusively for an air defence role; or
- a munition that, in order to avoid indiscriminate effects and the risks posed by unexploded submunitions, has all of the following characteristics:
- each munition contains fewer than ten explosive submunitions:
- each explosive submunition weighs more than 4 kilograms:
- each explosive submunition is designed to detect and engage a single target object:
- each explosive submunition is equipped with an electronic self-destruction mechanism:
- each explosive submunition is equipped with an electronic self-deactivating feature.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods 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 system is designed to meet the requirements of the Convention by the restricting the quantity of cluster munitions imported to those required for the purposes of developing, or training persons in, techniques of cluster munitions detection, clearance, deactivation, or destruction. The Minister of Foreign Affairs must specify, by notice in the Gazette, the number of cluster munitions determined by the Minister to be the number that, for the time being, are absolutely necessary for the purposes described above.
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 Convention on Cluster Munitions, 2008, is implemented in New Zealand through the: Cluster Munitions Prohibition Act 2009.
The Cluster Munitions Prohibition Act 2009prohibits the import of all cluster munitions, except for those to be used, developed, produced, otherwise acquired, possessed, retained, imported or exported for the purposes of developing, or training persons in, techniques of cluster munition detection, clearance, deactivation, or destruction. The licensing is statutorily required. The legislation does not leave designation of products to be subjected to licensing to administrative discretion (see answer to Q2 (i) above). It is not possible for the government (or the executive branch) to abolish the system 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):
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)?
Q7.b. Can a licence be granted immediately on request?
Not applicable. Those importing cluster munitions inadvertently could face prosecution.
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.
No.
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?
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?
None. Although there is no statutory right of administrative appeal against any of the decisions by the Minister, applicants could seek a judicial review of an administrative decision through the courts.
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?
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?
There are no specifically listed information requirements. Applicants would need to make a case to the Minister of Foreign Affairs for the importation of cluster munitions in conformance with the stated exemptions outlined in the Cluster Munitions Prohibition Act 2009, and provide relevant details around type, quantity, storage and ultimate disposal.
Q11. What documents are required upon actual importation?
Authorisation from the Minister of Foreign Affairs to import and designation by the Minister as an officer authorised to be in possession of anti-personnel mines as defined in the Cluster Munitions Prohibition Act 2009. An import entry clearance would need to be completed with Customs before release of the goods.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There are no administrative charges for the process of obtaining permission to import anti-personnel mines.
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.
Not applicable.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
There is no set period of validity for an approval to import. It is possible a period of validity could be specified at the time of approval by the Minister of Foreign Affairs.
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?
No.
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?
No, other than compliance with the Cluster Munitions Prohibition Act 2009.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.