World Trade Organization

Import Licensing Procedures

Chemical weapons

Document symbol
G/LIC/N/3/SGP/20
Original language
English
Published on
16/10/2024

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.

The Singapore Customs, as the National Authority (Chemical Weapons Convention), maintains an import licensing system for scheduled chemicals under the Chemical Weapons Convention (CWC).

Purposes and Coverage of Licensing

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

The licensing system applies to scheduled chemicals under the CWC.

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

The licensing system applies to products 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 licensing system is not intended to restrict the quantity or value of imports, but to discharge Singapore's obligations under the CWC.

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 licensing procedures are maintained under the Chemical Weapons (Prohibition) Act and its Regulations. The import licensing procedures are statutorily required and published in government gazettes. While the administration of the licensing system is undertaken by Singapore Customs, the designation of products to be subjected to licensing and the abolishment of the licensing system require 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):

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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?

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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?

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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.)

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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?

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

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

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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?

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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?

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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?

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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?

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

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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)?

In accordance with the Chemical Weapons (Prohibition) Regulations, licence applications for Scheduled chemicals must be received by the National Authority (CWC) at least 14 working days prior to the import. Singapore Customs will assess and verify the application based on criteria such as the intended source of importing country and the intended destined country for export. Generally, applications will be processed within seven working days upon receipt of the completed application form and full set of supporting documents.

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

Applications may be expedited, if licensing requirements are fulfilled.

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 on the period of the year during which applications 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?

Though CWC licence applications is effected by Singapore Customs, the importer is also required to seek NEA/SCDF's approval to meet the domestic safety/security requirements (e.g. transportation, storage, etc.).

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?

An application for an import licence is usually granted if it meets the stipulated criteria. Singapore Customs will generally provide the reason(s) in the event of a refusal to issue a licence. Under the Chemical Weapons (Prohibition) Regulations, Singapore Customs may refuse to grant a CWC licence to an applicant if he/she has made any false or fraudulent declaration or has been convicted of an offence under the Chemical Weapons (Prohibition) Act, among others. An applicant who is aggrieved by a decision of Singapore Customs not to grant a CWC licence to him may appeal to the Minister within 30 days 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?

Generally, all persons, registered firms and institutions are eligible to apply for licences and no registration fee is required.

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?

The following information is required in applications for import licences: particulars of importer, company registration certificate issued by the Accounting and Corporate Regulatory Authority, product description, product quantity, mode of transport, port of shipment/transport, and country of origin. In addition, a Safety Data Sheet needs to be submitted for each scheduled chemical to be imported.

Q11. What documents are required upon actual importation?

Upon actual importation, importers are required to make an Inward Declaration showing the correct description and quantities of each consignment made electronically through TradeNet. Shipping documents such as the Bill of Lading/ Airway Bill and invoice are also required.

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

There are no licensing fees or administrative charges for a CWC licence currently.

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 deposit or advance payment requirements associated with the issuance of the licence.

Conditions of Licensing

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

An issued CWC Licence is valid until the end of the calendar year regardless of the date of application. The validity of these licences may be extended by renewal on an annual 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-utilisation of 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.

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?

The Terms and Conditions of a CWC licence are listed below:

  • Licensees shall not develop, produce, stockpile, acquire, retain, or use Schedule 1, 2, 3 chemicals or unscheduled Discrete Organic Chemicals (DOCs) for purposes prohibited under the CWC;
  • Licensees shall apply for the necessary permits prior to any import of a Schedule 1, 2, or 3 chemical;
  • Licensees shall upon application for the permit or approval for the import of a Schedule 1, 2, or 3 chemical, provide any information as may be required by the National Authority (CWC). The failure to provide such information shall render the import permit or approval invalid;
  • Licensees shall not transfer any Schedule 1 chemical to or from any CWC non-States Parties;
  • Licensees shall implement such security measures on or for premises storing or handling Schedule 1, 2 or 3 chemicals as are required from time to time by inspectors or authorized persons;
  • Licensees shall not import any Schedule 2 chemicals from a CWC non-States Party, unless the items are:
  • Products containing 1% or less by weight of a Schedule 2A or 2A* chemical;
  • Products containing 10% or less by weight of a Schedule 2B chemical; or
  • Products identified as consumer goods packaged for retail sale for personal use or packaged for individual use.
  • Licensees shall declare to the National Authority (CWC) before and after any import of any Schedule 1 chemical;
  • Licensees shall declare in the prescribed forms, not later than 31 January, of the import of any CWC scheduled chemical in the preceding year;
  • Licensees shall notify National Authority (CWC) immediately if the company has reached or exceeded the maximum approved aggregate for the specific scheduled chemical;
  • Licensees shall notify National Authority (CWC) immediately if there is any change in the licence information;
  • Licensees shall apply for an amendment to the licence at least 14 working days in advance for the:
  • Addition of new chemical(s);
  • Addition of new product(s) containing any licensed chemical;
  • Addition of new activity(ies) involving any licensed chemical; or
  • Increase in the maximum aggregate allowed for the specified activity(ies) of any licensed chemical;
  • Licensees shall provide the necessary documents to validate any permitted activities within the licence period upon request;
  • Licensees shall comply with all applicable written laws in Singapore, including the Chemical Weapons (Prohibition) Act, Chapter 37B and the Chemical Weapons (Prohibition) Regulations 2007.

Other Procedural Requirements

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

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?

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