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.

Import licensing system is regulated by the Decision on Classification of Goods into Forms of Export and Import establishing the list of goods subject to import and export licensing. Pursuant to Article 34 paragraph 2 of the Law on Trade, the Decision has been adopted by the Government of the Republic of Macedonia at the session held on 26 February 2012 and is published in the Official Gazette of the Republic of Macedonia No.42/2013. The rules concerning the procedure for submission of applications, the competent authorities for issuing of import licences and the list of products subject to licensing requirements are stipulated in the Decision.

MK version of the Decision can be found on the following link:
https://members.slvesnik.com.mk/regulationdetails.aspx?regID=29044

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

Minerals.
See Product coverage.
Imports of products stipulated in the Decision are subject to non-automatic licensing. The competent authorities for submission of applications and for delivering import licenses are designated in Article 2 of the Decision. A complete list of products subject to import licensing procedures is given in Annexes 1-9 of the Decision.

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 import licensing system established by the Government Decision is not intended to restrict the quantity or value of imports. The Decision determines the goods for which import license is necessary to be provided by the competent ministries and institutions for the purposes of fulfilling international agreements in order to protect human, animal or plant life or health to protect environment from ozone-depleting substances, and ensure the national security interests.

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?

Licensing system is statutorily required for the products listed in the Decision as relevant by law legislation adopted pursuant to the Law on Trade ("Official Gazette of the Republic of Macedonia” No.16/04, 128/06, 63/07, 133/07 88/08, 159/08, 20/09, 99/09, 105/09, 115/10, 158/10, 36/11 and 53/11).

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

Product coverage is defined in the Decision and is not subject to administrative discretion.

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

The system cannot be abolished 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):

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)?

Under the system there is no quantitative limit on importation of a product or from a particular country.

(a) The licensing authorities have to issue a licence within a maximum 15 days of the submission of the application pursuant to the Law on General Administrative Procedure published in the ("Official Gazette of the Republic of Macedonia” No. 38/05, 110/08 and 51/11).

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

Not relevant.

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.

There are no limitations as to the period of the year during which application for licence may be made.

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?

An importer has to approach only one administrative organ in connection with an application.

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?

If the applications meet the criteria, a licence is granted. Failure to meet the ordinary criteria is the only circumstance in which licence applications may be refused.

Have applicants a right of appeal in the event of refusal to issue a licence?

In the event of refusal to issue a licence, the applicant has a right of appeal in accordance with the Law on General Administrative Procedure ("Official Gazette of the Republic of Macedonia” No. 38/05, 110/08 and 51/11).

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, firms and institutions are eligible to apply for licences.

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

An importer is required to submit the following information to the competent authorities stated in Article 3 of the Decision on Classification of Goods into Forms of Export and Import ("Official Gazette of the Republic of Macedonia” No. 42/13).

In the application:

business name and tax number of the legal person;
tariff line at a ten-digit level;
description of goods according to the Customs Nomenclature;
trade name of goods;
quantity of goods, expressed in measuring units;
name and adress of the foreign exporter, or importer;
period during which the exportation, or importation is to be carried out;
statement for the intention of the imported goods and
other data, perscribed with special regulations.

Q11. What documents are required upon actual importation?

Upon actual importation, an importer is required to submit the approved import licence or a copy thereof.

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

There is licensing administrative charge pursuant to the Law on Administrative Fees published in the ("Official Gazette of the Republic of Macedonia” No. 17/93, 20/96, 7/98, 13/01, 24/03, 19/04, 61/04, 95/05, 7/06, 70/06, 92/07, 88/08, 130/08, 6/10, 145/10, 17/11 and 84/12).

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 for licensing.

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

A licence is valid for three or six months from the date of issue.

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

There is no penalty for the non-utilization of a licence or a portion of it.

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

Licences 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?

No other conditions are attached to the issuance of a licence.

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

No other administrative procedures, apart from import licensing and similar administrative procedures are required prior to importation.

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?

Foreign exchange issues are not applicable to import licensing.

Minerals

Outline of Systems

Purposes and Coverage of Licensing