Goods under Non-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) non-automatic import licensing is being utilized for (1) Fish meal with protein content less than 60% (2) Building stone (Marble, travertine, ecaussine and other calcareous monumental or building stone, Marble, travertine and alabaster, granite; other stone) (3) Used diesel engines displacement of 331-1,100 cc. (4) Antique idols and parts thereof, parts of ancient monuments, ancient coins, inscriptions and ancient manuscripts and prehistoric implements (5) Waste and scrap of plastics (6) Re-treaded or used pneumatic tyres of rubber for buses or trucks (7) Used tractors for semi-trailers and (8) Used special purpose motor vehicles and (9) Gold
Q3. The system applies to goods originating in and coming from which countries?
Thailand has no discriminatory policy regarding the country of origin of the imported commodities.
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) Fish meal with protein content less than 60% to stabilize price for raw material used for animal food;
(b) Building stone (Marble, travertine, ecaussine and other calcareous monumental or building stone, Marble, travertine and alabaster, granite; other stone) to administer the importation and utilization of marble and building stone;
(c) Used diesel engines displacement of 331-1,100 cc. to protect human life and public health and safety;
(d) Antique idols and parts thereof, parts of ancient monuments, ancient coins, inscriptions and ancient manuscripts and prehistoric implements to prevent smuggling of historical objects or antiques;
(e) Waste and scrap of plastics to protect environment and public health;
(f) Re-treaded or used pneumatic tyres of rubber for buses or trucks to protect human life, public health and the environment;
(g) Used tractors for semi-trailers to protect public safety and environmental conservation;
(h) Used special purpose motor vehicles to protect public safety and environmental conservation;
(j) Gold to protect economic security and financial stability.
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) Fish meal with protein content less than 60% - Notification of the Ministry of Commerce on Importation of Goods into the Kingdom of Thailand (No. 72) B.E. 2533 (1990) (dated 7 March 1990);
(b) Building stone (Marble, travertine, ecaussine and other calcareous monumental or building stone, Marble, travertine and alabaster, granite; other stone) - Notification of the Ministry of Commerce on License Requirement for Import of Stone into the Kingdom B.E. 2551 (2008) (dated 16 June 2008);
(c) Used diesel engines displacement of 331-1,100 cc - Notification of the Ministry of Commerce on Importation of Goods into the Kingdom of Thailand (No. 130) B.E. 2541 (1998) (dated 9 September 1998);
(d) Antique idols and parts thereof, parts of ancient monuments, ancient coins, inscriptions and ancient manuscripts and prehistoric implements - Notification of the Ministry of Commerce Regarding the Importation of Antiques Originating in Foreign Countries into the Kingdom of Thailand B.E. 2547 (2004) (dated 11 November 2004) Order No. 264/2554;
(e) Waste and scrap of plastics - Notification of the Ministry of Commerce on Importation of Goods into the Kingdom of Thailand (No. 112) B.E. 2539 (1996) (dated 7 February 1996);
(f) Re-treaded or used pneumatic tyres of rubber for buses or trucks - Notification of the Ministry of Commerce Regarding the Determination of Used Tires as Prohibited Goods or Subject to Licensing Requirements and Compliance with Measures on Regulation of Import into the Kingdom of Thailand B.E. 2556 (2013) (dated 16 August 2013);
(g) Used tractors for semi-trailers - 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) Used special purpose motor vehicles - 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); and
(j) Gold - Notification of the Ministry of Economic Affairs Regarding the Importation of Goods into the Kingdom of Thailand (No. 28) B.E. 2505 (dated 28 March 1962).
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?
A non-automatic import licence cannot be granted immediately upon request. Prior review of the application is required.
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 non-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.
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 non - automatic import license issued by Department of Foreign Trade.
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.
The deposit or advance payment in form of a cashier cheque, associated with the issue of licence exists only in cases of import of used pneumatic tyres of rubber for buses or trucks. It will be seized if there is no re-exportation. The rate of deposit will be four times the import value of those tyres and, at the same time, the period of validity would depend on the period of time in which the tyres is to be re-exported. The rate of deposit will be four times the import value of those tyres and, at the same time, the period of validity would depend on the period of time in which the tyres is to be re-exported. The purpose of the deposit requirement is to ensure that the imported tyres will be re-exported.
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.