Tobacco products

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.

Tobacco products are subject to licensing/approval requirements of the Health Science Authority (HSA) of Singapore before an import and wholesale licence can issued for their entry into Singapore.

Purposes and Coverage of Licensing

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

The licensing system applies to tobacco products.

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

HSA’s licensing requirements 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 purpose for the licensing of tobacco importers/wholesalers is to better regulate the supply and distribution of tobacco products in the Singapore market and to ensure greater accountability and compliance by these importers.

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 in the Tobacco (Control of Advertisements and Sale) Act and its Regulations. The licensing requirements are statutorily required and published in government gazettes. While the administration of the licensing requirements is undertaken by HSA, the designation of products to be subjected to licensing and the abolishment of any 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)?

Applications should be made in advance of arrival of the goods. The import and wholesale licence for tobacco products will be issued within 14 working days upon receipt of the completed application form and full set of supporting documents (excluding any time incurred by the applicant's request for clarifications and additional information).

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

Processing time will be required as per indicated in 7(a).

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?

Consideration of importer's licence is effected by a single administrative body. The importer/wholesaler 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?

An application for an import and wholesale licence is usually granted if it meets the stipulated criteria. In the event of a refusal for issuance, the reason(s) is/are generally provided. Applicant who is refused a licence may appeal against the decision in writing for reconsideration.

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?

All registered firms are eligible to apply for the licence.

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 a tobacco import and wholesale licence: particulars of the licence applicant/company, warehouse and office details, manufacturer details and brands/types of tobacco products 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. Particulars of importer, company registration certificate issued by the Singapore Registry of Companies and Businesses, product description, product quantity, mode of transport, port of shipment/transport, product brand/serial number/model/make, country of origin, applicant details, warehouse details and responsible person as well as the shipping documents such as the Bill of Lading/Airway Bill and invoice are required for the Inward Declaration.

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

The various fees related to the import and wholesale licence are published on HSA's website.

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 licences.

Conditions of Licensing

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

The import and wholesale licence for tobacco products is issued with one-year validity. The validity may be extended by renewal.

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 licensing conditions attached to the issuance of the import and wholesale licence can be found on HSA’s website.

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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