Fertilizers (growing media and compost)
- Document symbol
- G/LIC/N/3/SYC/5
- Original language
- English
- Published on
- 19/11/2024
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.
Seychelles' trade policy allows for goods to be imported from any Customs Territory around the world, as long as they are not prohibited under Seychelles' law. There is only one import licensing system in Seychelles, which applies to restricted items. An importer intending to import fertilizers is required to apply for an import licence from the Department of Agriculture, through the Import and Export Unit of the Trade Division of the Ministry of Finance, National Planning and Trade, which acts as a one-stop shop for processing these applications and is a facilitator in the whole process of obtaining the licence. The goods can only be imported subject to the approval of the application.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Fertilizers (growing media and compost).
|
HS Code (HS2022) |
Product description |
|
Chapter 31 |
Fertilizers |
|
31023000 |
Mineral or chemical fertilizers of ammonium nitrate, whether or not in aqueous solution used as explosives |
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating from any Customs Territory.
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?
There are no quantitative value quotas for import of restricted items. They are also not limited to any countries either bilaterally or unilaterally. This measure is in line with Article XX of the GATT 1994 to protect human life and to protect the environment.
Imports of fertilizers which include both organic and chemical require an import licence from the Department of Agriculture. In the case of organic fertilizers, they need to be verified so that they do not contain foreign organisms which could potentially have a negative impact on the plant and human life, for example bacteria spores like anthrax. Whereas, chemical fertilizers need to be verified so that the level of phosphates and nitrate compounds are not excessive which could potentially damage the environment, as these compounds have been proven to encourage the growth of algae and other evasive plants such as water lettuces, as a result of leeching. The imports of chemical fertilizers also become a national security issue, especially when they contain excessive levels of ammonium nitrates which are used to produce improvised detonating devices (IDDs).
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?
The licensing system is currently mandated under S.I. No.87 of 2023 - Customs Management (Prohibited and Restricted Goods) Regulations 2023.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
No, the legislation does not leave the designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
No, 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)?
An application for an import licence must be made prior to the shipment landing in Seychelles
Q7.b. Can a licence be granted immediately on request?
Yes, subject to submission of all relevant documents.
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 and/or importation 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?
Which administrative body is responsible for approving application of licences?
The licence application for the import of fertilizers is made to the Department of Agriculture through the Import and Export Unit from the Trade Division of the Ministry of Finance, National Planning and Trade. The Import and Export Unit acts as a one stop shop for all such applications. The Ministry communicates decisions taken by relevant Authorities to the applicant.
Must the applications be passed on to other organs for visa, note or approval?
The importer does not 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?
Have applicants a right of appeal in the event of refusal to issue a licence?
An applicant has a right to query the decision.
If so, to what bodies and under what procedures?
To the Minister of the Ministry which has refused to issue the licence. If the response is unsatisfactory to the applicant, then that person may apply for judicial review of the decision.
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?
What persons or firms are eligible to apply for a licence?
Any person intending to import fertilizers need to apply for an import licence whether the goods are for personal consumption or commercial distribution. In the case of commercial distribution, a person must have a business activity licence issued by the Seychelles Licensing Authority.
Is there a registration fee?
There is no import licence fee.
Is there a published list of authorized importers?
No, there is no published list of authorized importers.
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?
A sample form is attached in the Annex which shows all the information that is required.
Q11. What documents are required upon actual importation?
Upon importation an importer is required to submit the following documents:
- Bill of Entry (3 copies);
- Certified true and accurate invoice from exporter (either individual or company);
- A valid import licence;
- Packing List;
- Bill of Lading or Airway Bill; and
- Sanitary or Phytosanitary Certificate (if required).
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no fee or charge for the import licence.
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.
There are no such requirements.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Import licenses for fertilizers on the restricted list are granted on a per-consignment basis.
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 a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
An import licence is not transferrable as it is issued to a specific person and goods.
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 are no other conditions that apply.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No, there are no other administrative procedures apart from import licensing and similar administrative procedures, 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?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is provided at the prevailing market rate by the banking authorities for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No, a licence is not required as a condition to obtaining foreign exchange.
Is foreign exchange always available to cover licences issued?
Yes, foreign exchange is always available to cover licenses issued.
What formalities must be fulfilled for obtaining the foreign exchange?
For obtaining foreign exchange importers need to follow banking procedures as set out by the commercial banks.