Goods subject to Automatic import licensing
- Document symbol
- G/LIC/N/3/THA/10
- Original language
- English
- Published on
- 19/11/2024
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.
According to Section 5 of the Export and Import Act B.E.2522 (1979), the Minister of Commerce with the approval of the Cabinet has the authority to publish notifications in the Government Gazette to ban, to require for the permission, to prescribe any categories/kinds/qualities/standards/ quantities/brands/origins/special fees, etc., of any import and export goods, in any cases where it is necessary, for economic stability, public health, national security, peace and order, good morals or any other interests of the state.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Currently, under the Export and Import Act B.E.2522 (1979), automatic import licensing on (1) 16 kinds of drugs, chemical and pharmaceutical products (2) Clenbuterol compounds and its salts (3) Albuterol or salbutamol and its salts (4) Caffeine and its salts (5) Intaglio printing machines (6) Volatile alkylnitrite substance (7) Used ambulances and fire trucks (8) Metal Coin Blank (9) Fuel oil (10) Rough diamonds (11) Timber Logs, Processed Wood and Wooden Artefacts besides goods subject to import prohibition (12) Ceramic food containers and metal-coated food containers
(13) Cassava and cassava products (14) Swine's offal (15) Shallots (16) Fresh oranges (17) Gas water warmer and water heater (18) Potassium permanganate (19) Fish meal with protein content more than 60% (20) Maize (corn) for animal feed (21) Soya-bean meal and (22) Salt.
The product number 1–8 is import licensing measures whereas number 9–22 is import under condition for import administration measures.
Q3. The system applies to goods originating in and coming from which 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 procedures are not intended to restrict the quantity or value of the imports. The purposes of utilizing import licensing procedures are necessary to:
(a) Sixteen kinds of drugs, chemical and pharmaceutical products to protect public health, for national economic security, to control and check that the person who wishes to import drugs has adequate capability for doing such business;
(b) Clenbuterol compounds and its salts to protect public health and human life in pork consumption;
(c) Albuterol or salbutamol and its salts to protect public health and human life in pork consumption and to prevent negative effect on pork exports;
(d) Caffeine and its salts to control narcotic drug and to protect human health and national security;
(e) Intaglio printing machines to prevent the making of counterfeit money;
(f) Volatile alkylnitrite substance to protect public health, social and national security;
(g) Used ambulances and fire trucks to protect public safety and environmental conservation;
(h) Metal Coin Blank to prevent counterfeiting of coins and in accordance with the coins currently used;
(i) Fuel oil to sustain economic stability and security;
(j) Rough diamonds to comply with the UN Resolution No. 55/56 (2000) dated 1 December 2000;
(k) Timber Logs, Processed Wood and Wooden Artefacts besides goods subject to import prohibition to protect natural resources;
(l) Ceramic food containers and metal-coated food containers which amount of lead or cadmium does not exceed the specified amount to protect public heath;
(m) Cassava and cassava products to protect plant life and health;
(n) Swine's offal to protect public health;
(o) Shallots to protect public health;
(p) Fresh oranges to protect public health;
(q) Gas water warmer and water heater to protect human life and public safety;
(r) Potassium permanganate to protect national security and public morals;
(s) Fish meal with protein content more than 60% to stabilize price for raw material used for animal food;
(t) Maize (corn) for animal feed to stabilize price for raw material used for animal food;
(u) Soya-bean meal to stabilize price for raw material used for animal food; and
(v) Salt to collect trade statistics or market surveillance.
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 system is a statutory requirement of the Export and Import Act B.E.2522 (1979)
(a) Sixteen kinds of drugs, chemical and pharmaceutical products - Notification of the Ministry of Commerce on Importation of Medicaments, Pharmaceutical Products and their Salt, Semi finished Pharmaceutical Products into the Kingdom of Thailand B.E. 2545 (2002) (dated 22 May 2002);
(b) Clenbuterol compounds and its salts - Notification of the Ministry of Commerce on Importation of Goods into the Kingdom of Thailand (No. 107) B.E. 2538 (1995) (dated 17 March 1995);
(c) Albuterol or salbutamol and its salts - Notification of the Ministry of Commerce on Importation of Albuterol or Salbutamol B.E. 2545 (2002) (dated 29 March 2002);
(d) Caffeine and its salts - Notification of the Ministry of Commerce on Exportation and Importation of Caffeine B.E. 2545 (2002) (dated 8 November 2002);
(e) Intaglio printing machines - Notification of the Ministry of Commerce Regarding Intagilo Printing Machinery that Require Import permit for Importation into the Kingdom of Thailand B.E. 2564 (2021) (dated 2 August 2021);
(f) Volatile alkylnitrite substance - Notification of the Ministry of Commerce Regarding Volatile Alkyl Nitrite Substance to Require Import Permit for Importation into the Kingdom of Thailand B.E. 2557 (2014) (dated 28 October 2014);
(g) Used ambulances and fire trucks - Notification of the Ministry of Commerce Regarding the Determination of Used Motor Vehicles as Import Prohibited Goods or Subject to Licensing Requirements on Regulation of Import into the Kingdom of Thailand B.E. 2562 (2019) (dated 12 June 2019);
(h) Metal Coin Blank - Notification of Ministry of Commerce on Import of Metal Coin Blank into the Kingdom of Thailand B.E. 2563 (2020) (dated 10 December 2020);
(i) Fuel oil - Notification of the Ministry of Commerce Regarding Fuel Oil as the Goods subject to Administrative Measures on the Importation into the Kingdom of Thailand B.E. 2552 (2009) (dated 22 June 2009);
(j) Rough diamonds - Notification of the Ministry of Commerce Regarding the Exportation and Importation of Rough Diamonds into the Kingdom of Thailand B.E.2546 (2003) (dated 16 May 2003);
(k) Timber Logs, Processed Wood and Wooden Artefacts besides goods subject to import prohibition - Notification of the Ministry of Commerce Regarding the Determination of Timer Logs, Processed Wood and Wooden Artefacts as a Prohibited Goods or Require Certificate for Import into the Kingdom of Thailand B.E. 2566 (2023) (dated 28 April 2023);
(l) Ceramic food containers and metal-coated food containers which amount of lead or cadmium does not exceed the specified amount - Notification of the Ministry of Commerce Establishing Ceramic Ware and Enamel ware as Prohibited Goods or Goods which require Health Certificate for Import into the Kingdom of Thailand B.E. 2551 (2008) (dated 8 August 2008);
(m) Cassava and cassava products: 1. Notification of the Ministry of Commerce on prescribing Manioc (Cassava) and Manioc (Cassava) Product to be Goods Requiring Certificates and Subject to Import Regulation Measures B.E. 2560 (2017) (dated 20 December 2017); 2. Notification of the Ministry of Commerce Regarding Cassava and Cassava Products as the Goods Requiring Certificate for and Compliance with the Administrative Measures on the Importation into the Kingdom of Thailand (No.2) B.E.2562 (2019) (dated 21 March 2019);
(n) Swine's offal - Notification of the Ministry of Commerce Regarding Swine's Offal as the Goods Requiring Certificate for and Compliance with the Administrative Measures on the Importation into the Kingdom of Thailand B.E. 2555 (2012) (dated 27 December 2012);
(o) Shallots - Notification of the Ministry of Commerce Regarding Shallots as the Goods Requiring Certificate for and Compliance with the Administrative Measures on the Importation into the Kingdom of Thailand B.E. 2555 (2012) (dated 27 December 2012);
(p) Fresh oranges - Notification of the Ministry of Commerce Regarding Fresh Oranges as the Goods Requiring Certificate for and Compliance with the Administrative Measures on the Importation into the Kingdom of Thailand B.E. 2555 (2012) (dated 27 December 2012);
(q) Gas water warmer and water heater - Notification of the Ministry of Commerce Regarding Instantaneous Gas Water Heaters as the Goods Requiring Certificate for and Compliance with the Administrative Measures on the Importation into the Kingdom of Thailand B.E. 2557 (2014) (dated 18 November 2014);
(r) Potassium permanganate - Notification of the Ministry of Commerce on Exportation and Importation of Potassium Permanganate B.E. 2545 (2002) (dated 28 August 2002);
(s) Fish meal with protein content more than 60% - Notification of the Ministry of Commerce on Importation of Goods into the Kingdom of Thailand (No. 74) B.E. 2533 (1990) (dated 7 March 1990);
(t) Maize (corn) for animal feed to stabilize price for raw material used for animal food;
(u) Soya-bean meal to stabilize price for raw material used for animal food; and
(v) Salt - Notification of the Ministry of Commerce Regarding Salts as the Goods Requiring Certificate for and Compliance with the Administrative Measures on the Importation into the Kingdom of Thailand B.E. 2564 (2021) (dated 28 June 2021).
The legislation leaves the designation of products to be licensed to administrative discretion under well-defined criteria. All import controlled measures must be approved by the Cabinet before imposing the regulations.
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)?
There is no certain period for advanced application of an import licence. In general, an applicant should apply for the licence 1-2 weeks before the departure of the shipment. The application will not be granted if the product has already arrived at the customs border.
Q7.b. Can a licence be granted immediately on request?
An automatic import licence cannot be granted immediately upon request. Prior review of the application is required. The licence could be granted in 1 day if all required documents are approved.
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.
The application may be submitted on every working day.
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?
Import licences are issued by the Department of Foreign Trade and/or other authorities concerned.
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?
In general, there is no circumstance other than failure to meet the ordinary criteria under import-controlled regulations. The reason for any refusal will be given to the applicant. However, they will be given the right to appeal to the authorities concerned for reconsideration. The Ministry of Commerce and/or the Director-General of the Department of Foreign Trade and/or authorities appointed by the Ministry of Commerce are the final decision-makers.
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?
Under the automatic import licensing system, any person, firm or juristic person are eligible to apply for a licence as long as they meet the specific requirements.
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?
Documentation and other requirements for application of import licence are such as:
- Name and address of the importer;
- Business of the importer;
- Name and address of exporter/shipper;
- Country of origin;
- Means of transport;
- Description and amount of goods to be imported;
- Invoice/Pro-forma invoice;
- Sales contract;
- Certificate of Import Permit;
- Approved document from authorities concerned;
- Other necessary documents;
- Bank guarantee (in case of re-exportation).
Q11. What documents are required upon actual importation?
At the time of actual importation, depend on types of import regulations, the import licence or registration number or notification number or relevant certificate must be presented to the customs at the port where the entry takes place.
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 for automatic import license issued by Department of Foreign Trade. However, an amount of 30 baht is charged for each application form if it is issued manually but there is no fee for application form if it is issued electronically.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The licence issued by Department of Foreign Trade is valid for 90 days and could be extended only twice (the validity period of each time is 90 days).
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
A licence is 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?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
If the products also regulated by another government agencies, the importer must follow their measures as well.