Poisons, narcotics, psychotropic substances, precursors and additional chemicals, radioactive substances, ozone depleting substances and worn textile products
- Document symbol
- G/LIC/N/3/SVK/1
- Original language
- English
- Published on
- 25/10/2002
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 licensing system of the Slovak Republic is based on the premise that imports into the Slovak Republic are free except where specific products are subject to automatic or non-automatic import licences. This system is maintained under the Decree of the Ministry of Economy of the Slovak Republic 15/1998 Coll. “On the Conditions of the Issuance of an Official Licence for the Export and Import of Goods and Services”, as amended, published in the Collection of Laws of the Slovak Republic.
Activities related to the operation of the import licensing system fall under the responsibility of the Ministry of Economy of the Slovak Republic. The rules for import licensing procedures are neutral in application and administered in a fair and equitable manner.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Extra dangerous poisons, narcotics, psychotropic substances, precursors and subsidiary chemical substances, radioactive material as well as substances affecting the ozone layer.
Q3. The system applies to goods originating in and coming from which countries?
It 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 regime is not intended to restrict the quantity or value of imports.
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?
Products subject to security licensing are contained in the Annex D to the Decree of the Ministry of Economy 15/1998 Coll., as amended.
The licences are issued by the Ministry of Economy, which is also the licensing authority for imports of extra dangerous poisons, narcotics, psychotropic substances, precursors and subsidiary chemical substances, radioactive material as well as substances affecting the ozone layer.
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 application for a licence has to be submitted not later than 30 days prior to the importation.
Q7.b. Can a licence be granted immediately on request?
Licence can not be granted immediately on request.
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. Application can be submitted during the whole year.
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?
Applications for licences are registered and licences are granted by a single administrative body – the Ministry of Economy. Applications for imports of narcotics and psychotropic substances are also considered by the Ministry of Health and applications for imports of radioactive materials are also considered by the Nuclear regulatory Authority.
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?
The applications for a licence shall be refused if it does not meet the set requirements.
Are the reasons for any refusal given to applicants? Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?
It may be also refused when the security or other major interest or commitments of the Slovak Republic so requires. The reasons for any refusal are communicated to the applicant, who has a right of appeal to the Ministry of Economy and, at a second instance, to the court.
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 natural persons or legal entities domiciled in the Slovak Republic, irrespective of nationality or origin, are eligible to apply for a licence, provided that their economic activities have been registered in the Slovak Republic.
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?
What information is required in applications?
A sample of the application is contained in Annex F-I to the Decree of the Ministry of Economy 15/1998, as amended.
What documents is the importer required to supply with the application?
The following documents have to be annexed to the application.
- extract from the commercial register or trade licence,
- other documents according to special regulations,
- contract for the importation of the products in question,
- other documents as set forth in the Decree No. 15/1998, as amended.
Q11. What documents are required upon actual importation?
In addition to the security non-automatic licence, the documents usually required by the customs services have to be submitted.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The administrative fee is set at the level of 0.1% from the value of imported goods, at least 1.000 SKK.
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 in connection with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Licence is valid for period settled in the appropriate contract, but not longer than 1 calendar year. If the importer proves that it was not his fault that the quantity stated in the licence was not utilised and wants to import also during the following period, the validity of licence can be extended for the necessary period.
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 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?
There are no other conditions for issuance of a licence. In some cases approval for trading with goods in question is required by the Ministry of Economy.
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 required to importation apart from security, technical, health and quality regulations.
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?
The foreign exchange is automatically provided for goods to be imported and a licence is not a condition for obtaining a foreign exchange.