Electricity
- 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 import of electricity is regulated by the EMA, and requires a valid Electricity Importer Licence, unless otherwise exempted by the EMA.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licensing system applies to electricity imports.
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 scheme is not intended to restrict the quantity or value of imports. EMA's import licences are maintained to ensure energy security and promote competitively priced supply. Under the Electricity Act, the import of electricity requires a licence, and licences facilitate the regulation of importers by ensuring that the importers meet requirements to ensure supply reliability, and to manage the impact of electricity imports on Singapore's national power grid.
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 Electricity Act. All import licensing procedures are statutorily required and published in government gazettes. While the administration of the licensing system is undertaken by EMA, 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):
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)?
The import capacity is a negotiated outcome and agreement from both EMA and the successful importer. In the importer licence, the "approved" maximum import limit would be specified in detail.
Q7.b. Can a licence be granted immediately on request?
EMA will use reasonable endeavours to expedite licence requests if requested.
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.
Import licences would be pegged to project or contract lifespan.
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?
Consideration of the Electricity Importer Licence application is effected by EMA. Applicants do not have to approach more than one administrative body.
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?
The issuance of an importer licence is subject to the importers meeting a list of Condition Precedents set out by the EMA. Failure to meet these Conditional Precedents would be one reason for EMA's refusal to issue an importer licence in the first place. In addition, the importer licence would also stipulate a list of requirements (conditions) that an importer would need to adhere to. Consistent failure to meet the conditions set out in the importer licence may also led to revocation of the importer licence. EMA will ensure that we would provide importers with sufficient notice period to correct non-compliance before taking remediation actions.
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?
Singapore intends to procure 4GW of low-carbon electricity by 2035, through a competitive Request for Proposal (RFP) exercise. Interested importers may register their interest with the EMA by submitting an Expression of Interest. Import capacity is competitively and exclusively allocated by EMA through the RFP process. All entities keen to import electricity must participate in the RFP. The list of successful importers would be published online.
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?
For application of the Electricity Importer Licence, the required information includes particulars of the applicant and the applicant's directors, and details of the electricity importation business (e.g. commencement date of electricity importing, quantities of electricity to be imported, and purpose of the electricity).The submission of the following documents is required:
(a) Certified true copies of the Applicant's Certificate of Incorporation;
(b) Certified true copies of relevant ownership documents;
(c) Audited past profit and loss statements, balance sheets and cash flow statements, credit statements or credit rating (if any), including any history of bankruptcy or financial distress of the Applicant or the significant shareholders for the last 2 full financial years or since incorporation;
(d) Organisation chart including resume and curriculum vitae (CV) of key appointment holders; and
(e) Description of the business plan, including details such as the purpose of importing such electricity, the source of electricity, customers, volumes to be imported on a daily and annual basis and the import duration.
Q11. What documents are required upon actual importation?
Documents required upon actual importation are specified in the RFP document found in https://www.ema.gov.sg/electricity-imports-rfp1.aspx and https://www.ema.gov.sg/electricity-imports-rfp2.aspx.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Licence fees will apply. Importers may obtain information by contacting EMA directly.
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.
Importer licensees are required to pay annual licensing fees. There are no deposits or advance payments required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Import licences would be pegged to project or contract lifespan.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
The import licence underpins other technical requirements viz. performance standards. Failure to meet such performance standards may be penalisable.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable without prior approval in writing from the relevant authority.
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?
Licensees are required to declare annually whether they have complied with all the conditions set out in the licence.
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.