Goods which need a licence
- Document symbol
- G/LIC/N/3/SUR/1
- Original language
- English
- Published on
- 09/10/2009
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 regime is based on the Law Movement of Goods (S.B. 2003 No. 58) and State Decree Negative List 2003 (S.B. 2003 No. 74): Products which need a licence
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The system applies to goods which require licensing.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods 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 system is not intended to restrict the quantity, but its purposes refer to environmental issues, state security and public health. No alternative methods of accomplishing the purposes have been considered.
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?
Is the licensing statutorily required?
Movement of Goods, State Decree Negative List 2003. The licensing is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation leaves designation of products to be subjected to licensing to administrative discretion
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government to abolish the system without 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):
See answers 6.1-6.11
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?
Information is published in the newspapers. The overall amount is not published. In case of an emergency a request can be made for exceptions.
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.)
No measures are taken to ensure that licences allocated are actually used for imports. The names of importers to whom licences have been allocated are not made known to governments and export promotion bodies of exporting countries upon request because up until now such requests have not been made.
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?
1 or 2 days 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?
Remaining time between the granting of licences and the date of opening of the period of importation depends on the shipment, from where it comes.
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?
Licences are only issued by the Ministry of Trade and Industry, the division import, export and foreign exchange. However the application can sometimes also be passed to other organs such as the Ministry of Agriculture or the Ministry of Health. The importer has 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?
The allocation is based on first come first served practice. There is no maximum amount to be allocated. New importers have to register at the Chamber of Commerce. Applications are examined 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?
The importing country is informed by the exporter and the Government.
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
There are no 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)?
How far in advance of importation must application for a licence be made?
Application for a licence must be made before the shipment.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Licences can be obtained within a shorter time-limit or for goods arriving at the port without a licence
Q7.b. Can a licence be granted immediately on request?
A licence can 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.
Limitations as to the period of the year during which application for licence and/or importation may be made apply for the importation of fireworks (these products are only allowed to be imported in November and December)
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?
Only the Ministry of Trade and Industry has to be approached
Must the applications be passed on to other organs for visa, note or approval?
Sometimes some advice from another administrative organ is needed, such as the Ministry of Agriculture, Public Health, Fishery, Husbandry.
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?
A licence can only be refused if it does not meet the ordinary criteria.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants can submit an appeal to the President.
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?
All persons, firms and institutions are eligible to apply for licences but first they have to register
themselves at the Chamber of Commerce.
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licences but first they have to register
themselves at the Chamber of Commerce. Natural persons are eligible.
Is there a registration fee?
There is no registration fee.
Is there a published list of authorized importers?
The Chamber of Commerce publishes a list of authorized importers.
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?
Ho3 and an invoice or pro-forma invoice are required to apply for a licence.
Q11. What documents are required upon actual importation?
A single document (ED), Ho3, invoice, bill of lading or airway bill are required upon importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of a licence is 3 months and can be extended within 3 months.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
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?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Apart form import licensing and similar administrative procedures an Import/Export Registration of non licensing products (S.B. 2003 No. 74) is 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?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
A licence is not required as a condition to obtaining foreign exchange.
Is foreign exchange always available to cover licences issued?
Foreign exchange is always available to cover licences issued.
What formalities must be fulfilled for obtaining the foreign exchange?
To obtain foreign exchange importers have to submit a request to the Foreign Currency Exchange by filling an international transaction form (IT form).