Yellow-fin tuna, bluefin tuna, Southern bluefin tuna, swordfish, big-eye tuna, shark fins, toothfish, fry of Eriocheir sinensis
- Document symbol
- G/LIC/N/3/TPKM/14
- Original language
- English
- Published on
- 11/12/2023
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.
Import licensing for the products specified below is regulated by the "Notice of Application for Written Approval License to Import Yellow‑fin Tuna", "Notice of Application for Written Approval Licence to Import, Export and Re-export Bluefin Tuna", "Notice of Application for Written Approval Licence to Import, Export and Re-export Southern Bluefin Tuna", "Notice of Application for Written Approval Licence to Import, Export and Re-export Swordfish", "Notice of Application for Written Approval Licence to Import, Export and Re-export Big-eye Tuna", "Regulations for the Importation of Shark Fins", "Regulations for the Importation of Toothfish", "Regulations on the Importation of Fry of Eriocheir sinensis" and is administered by the Ministry of Agriculture (MOA). Before being allowed to import, importers must obtain written approval from the Fisheries Agency, MOA.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The products under the System include yellow‑fin tuna (C.C.C. 0302.32.00.00-7; 0303.42.00.00-4), Bluefin Tuna (C.C.C. Code. 0301.94.00.00-3; 0302.35.00.00-4; 0303.45.00.00-1; 0304.49.90.11-4; 0304.59.90.11-1; 0304.87.00.10-7; 0304.99.90.21-1), Southern Bluefin Tuna (C.C.C. 0301.95.00.00-2; 0302.36.00.00-3; 0303.46.00.00-0; 0304.49.90.12-3; 0304.59.90.12-0; 0304.87.00.20-5; 0304.99.90.22-0), Swordfish (C.C.C. 0302.47.00.00-0; 0303.57.00.00-6; 0304.45.00.00-0; 0304.54.00.00-8; 0304.84.00.00-2; 0304.91.10.00-1; 0304.91.90.00-4), Big-eye Tuna (C.C.C. 0303.44.00.00-2; 0304.87.00.30-3; 0304.99.90.23-9), Shark Fin (C.C.C. 0302.92.00.00-4; 0302.99.20.10-1; 0302.99.90.20-4; 0303.92.00.00-3; 0303.99.20.10-0; 0303.99.90.20-3; 0305.71.10.00-4; 0305.71.20.00-2; 0305.71.30.00-0; 0305.72.00.10-3; 0305.79.00.10-6; 1604.18.00.10-6; 1604.18.00.20-4; 1604.18.00.90-9; 1604.19.40.10-7; 1604.19.40.20-5; 1604.19.40.90-0), and Toothfish (C.C.C. 0302.83.00.00-5; 0303.83.00.00-4; 0304.46.00.00-9; 0304.55.00.00-7; 0304.85.00.00-1; 0304.92.10.00-0; 0304.92.90.00-3; 0305.59.90.50-2; 0305.69.90.50-0; 1604.19.90.61-4; 1604.19.90.62-3; 1604.19.90.69-6), Fry of Eriocheir sinensis, fry (C.C.C. 0306.33.10.10-8).
The licensing system is non-automatic.
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 and customs territories, unless otherwise specified in the accession protocol of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu or the agreement on its terms of accession to the WTO.
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 system is intended to protect marine ecology.
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 system may be abolished 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):
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)?
Applications for an import approval may be filed on any workday.
Q7.b. Can a licence be granted immediately on request?
Applications for an import approval cannot be approved immediately as examination for Tuna and Swordfish requires six workdays, and for Shark Fin, Toothfish and Fry of Eriocheir sinensis requires fourteen workdays.
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.
Applications for an import approval have no limitations as to the period of the year during which they may be submitted and approved.
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 an import approval are considered and effected by one administrative body only.
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?
None. The reasons for any refusal are given to the applicant in writing. In the event of refusal, by law, the applicant has a right to appeal by following the procedures provided by the law.
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?
The applicant shall be an importer.
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?
An application shall be supported by an application form, accompanied by one photocopy of the applicant's company licence or business licence, and one photocopy of the foreign-issued quotation form. Also required are an original copy of the catch document for bluefin tuna, the statistical document for bigeye tuna, swordfish and southern bluefin tuna, the certificate of origin for yellowfin tuna issued by the government of the flag country of the fishing vessel that harvested the product in the shipment, the copy of fishing license and gross tonnage certificate issued by the flag State concerned to the fishing vessel that catches the shark fins (such documents shall be attested by the relevant authorities, organizations or persons as stipulated in the "Regulations for the Importation of Shark Fins", enacted by the Fishery Agency, Ministry of Agriculture.), the transaction document confirming the foreign exporter purchasing the shark fins from the fishing vessel of such catch, the photocopy of the valid Dissostichus Export Document or Dissostichus Re-Export Document issued by the exporting country pursuant to relevant measures of the Commission for the Conservation of Antarctic Marine Living Resources for toothfish, the dioxin and polychlorinated biphenyls inspection reports issued by ISO17025 or CNAS-certified laboratories in the exporting country, information on farms and stocking register (inspection), and affidavit from the culture fishermen for fry of Eriocheir sinensis.
Q11. What documents are required upon actual importation?
Upon actual importation, the import declaration must be checked and the import approval will be issued on the "Integrated Agriculture Permit and Customs Declaration Platform" of MOA.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No fee is charged for applications.
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 association with the issuance of an approval.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
An approval is valid for three months. A new application shall be filed upon expiration.
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-utilization of an approval.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Approval documents 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?
If importation is prohibited because of changes in domestic or foreign laws and regulations or it is not feasible, the approval document shall be null and void. Quarantine and other matters concerning the importation shall be governed by other applicable regulations.
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 obtaining an approval document 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?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.