Import Licensing Notification Portal

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 Office of Radiation Safety (ORS) administers New Zealand's radiation safety legislation. The Radiation Safety Act 2016 (the Act) defines radioactive material and sets out the requirement for import consents. The Radiation Safety Regulations 2016 (the Regulations) specify exemptions from the requirement to obtain an import consent.

When a consent is issued, ORS also issues a permit number which the importer then provides to the New Zealand Customs Service (NZCS) in order for the material to be imported. The issue of permit numbers on consents is not a legislative requirement, but is an arrangement made between ORS and NZCS for transborder monitoring purposes. NZCS provides a list of permit numbers generated by their system to ORS on a quarterly basis.

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

High-activity sealed radioactive material (i.e., IAEA category 1 or 2), low-activity (i.e., IAEA category 3 - 5) sealed radioactivity material and low-activity unsealed radioactive material are the main product categories of the consent system. For the import of sealed radioactive material, a single occasion import consent is issued. For low-activity unsealed radioactive material (eg, radiopharmaceuticals), a consent that authorises more than one importation can be issued. The maximum consent term for all types is one year.

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 consent system forms part of the national regulatory system designed to ensure as far as practicable the safety and security of radioactive sources.

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?

Radiation Safety Act 2016 and Radiation Safety Regulations 2016

Section 13(c) of the Radiation Safety Act 2016 prohibits the importation of radioactive material without a consent. Regulations 10 to 12 of the Radiation Safety Regulations 2016 exempt specified material from consenting requirements and regulation 14 exempts imports where the material is immediately exported. There is no administrative discretion to amend these requirements. The executive cannot amend the requirements of the Act without legislative approval.

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?

There are no restrictions on value or quantity for import of radioactive substances, subject to any safety requirements in the IAEA Regulations for the safe transport of radioactive material.

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?

There are no import quotas.

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.)

There are no limitations on granting consents for certain goods to domestic producers of like goods. Certain transactions can be traced by New Zealand Customs Services either by permit numbers or names of importers. The Director for Radiation Safety may, for the purpose of the Radiation Safety Act 2016, disclose any information obtained or made available under Section 35 to any agency inside or outside New Zealand.

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?

Not applicable to radioactive material

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

Three to ten working 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?

All consents are valid for 12 months from the date of issue.

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?

Yes, in respect to radioactive material. If a product contains a radioactive material and for example a psychoactive substance, an applicant must approach the right organisation for a separate authorisation apart from a consent issued by ORS for a radioactive material.

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?

There is no maximum number of consents allocated per applicant. The NZ regulator has been able to meet the demand for consents requested and the administrative procedure to process received applications is on the first come first served basis.

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:

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)?

Five-ten working days.

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

In exceptional circumstances, consent can be granted within a few hours following the receipt by ORS of an application and payment of the corresponding fee can be made after the issue of consent.

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?

Importers make a single application to ORS. In some cases, ORS will seek a technical opinion from the Institute for Environmental Science and Research before issuing the consent. This is an internal process and does not require multiple approaches by the importer.

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?

Applications may be refused on security or safety grounds. Refusals are rare because most applications are for justified reasons. However, in the case of a refusal the reasons are given to the applicant. Section 48 of the Radiation Safety Act provides for appeals.

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?

Yes

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

The information required for applications and application forms are available from the Office of Radiation Safety.

https://www.health.govt.nz/our-work/ionising-radiation-safety/buy-sell-and-import-export-radiation-sources/import-or-export-radioactive-material

Q11. What documents are required upon actual importation?

Notification of arrival or departure of material – no prescribed form.

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

For a single consignment consent to import of IAEA category 1 or 2 radioactive material - $233. For a single consignment import consent of IAEA category 3, 4 or 5 radioactive material - $163. For an ongoing consent to import multiple consignments of unsealed radioactive material over a one-year period - $4,163.

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.

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

One year which cannot be extended.

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?

Yes. Quantitative restrictions apply to multiple consignment consents to ensure safety. Restrictions are in the form of quarterly limits on the total activity of individual radionuclides imported.

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

All persons who manage or control radioactive sources must have a source licence. The importer can only transfer material to a person or organisation who holds such a licence.

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?

No, the payment of all fees is required to be in New Zealand dollars.

Radioactive substances

Outline of Systems

Purposes and Coverage of Licensing