World Trade Organization

Import Licensing Procedures

Explosives, weapons and ammunition

Document symbol
G/LIC/N/3/SVN/2
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 licensing of imports of explosives, weapons, ammunition and protective colours for printing international papers, documents and similar (colours which are changing under the influence of UV light) is regulated by the State Border Control Act and is administered by the Ministry of the Interior, whereas the licensing of imports of military weapons and equipment is regulated by the Defence Act and is administered by the Ministry of Defence.

Purposes and Coverage of Licensing

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

Goods that are subject to licensing are listed in the decree.

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

The system of licensing applies to goods from all countries regardless of origin.

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 system of licensing has no quantitative or value restrictions and its only purpose is to ensure security and prevent abuse, illegal trade and to supervise the trade with military weapons and equipment.

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 import licensing procedure is governed by the:
- State Border Control Act (OG, No. 1/91, 17/91, 13/93, 29/95);
- Defence Act (OG, No. 82/94, 44/97, 87/97, 13/98, 47/02);
- Decree on the regime of the export and import of certain goods (OG, No. 111/01, 20/02, 64/02).

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):

N/A

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?

N/A

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?

N/A

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.)

N/A

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?

N/A

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

N/A

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

N/A

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?

N/A

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?

N/A

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?

N/A

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?

N/A

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

N/A

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)?

It is up to applicant to decide when to apply for the licence. Licence is issued within ten working days after application, but in some cases it can be obtained within shorter time-limit. Licence for military weapons and equipment is issued within seven working days after application and in some cases it can be issued immediately.

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

It is up to applicant to decide when to apply for the licence. Licence is issued within ten working days after application, but in some cases it can be obtained within shorter time-limit. Licence for military weapons and equipment is issued within seven working days after application and in some cases it can be issued immediately.

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 can 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?

An importer has to approach only one administrative organ in connection with application.

Must the applications be passed on to other organs for visa, note or approval?

However, Ministry of the Interior submits the application to Ministry of Foreign Affairs and Ministry of Defence for their approval (for weapons and ammunition).

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?

None.

Are the reasons for any refusal given to applicants?

The reasons for denial are explained to the applicant in writing.

Have applicants a right of appeal in the event of refusal to issue a licence?

The refusal of issuing a licence, can be appealed pursuant to the procedures provided by law.

If so, to what bodies and under what procedures?

Importers usually apply for the preliminary opinion, so cases of denial are rare.

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?

Is there a system of registration of persons or firms permitted to engage in importation?

There is a register of importers.

What persons or firms are eligible to apply for a licence?

For explosives, weapons and ammunition and protective colours: all legal entities with valid licence for trading with mentioned goods are eligible to apply for the import licence.

For military weapons and equipment: all persons, firms and institutions that have concession granted by the government for the trade with military weapons and equipment can apply for the licence.

Is there a registration fee?

The registration fee is 24.000 SIT.

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?

With the application form the importer provides the following information:
- complete name, register number and address of importer/end user;
- 8 digit tariff number and description of goods;
- commercial or chemical name of goods;
- quantity;
- complete name and address of foreign exporter;
- end use statement;
- expected import period.

Q11. What documents are required upon actual importation?

Upon actual importation only the import licence is required.

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

Administrative charge for explosives, ammunition, weapons and protective colours is 8.800 SIT and for military weapons and ammunition is 4000 SIT.

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 is no deposit or advance payment requirement 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?

Import licences for explosives, weapons, ammunition and protective colours for printing are valid for three months. Upon expiration, a new licence may be applied for. Validity of licence for military weapons and ammunition is not fixed: from two-five months up to a year. Validity cannot be extended.

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 attached to the issuance of a 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 except in case of military weapons and ammunition where importer must inform Ministry of Defence and Custom authorities about the import 2 days prior to actual import. Within two weeks after the import, importer must report about the realisation of import to the Ministry of Defence.

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?

There is freedom of exchange operations.