Import Licensing Notification Portal

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 Arms and Ammunition Licensing system aims to make better provisions for controlling the possession, manufacture, sale, repair, storage, import and export of arms and ammunition. Private persons (not being licensed dealers) must obtain the relevant Arms License before the arm/ammunition can be withdrawn from Customs.
Importation is considered under Part V, Section 15 of the Arms and Ammunition Act 2020 that requires no person shall import any arm or ammunition or parts of arms and ammunition into the Kingdom unless he holds a licence.

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

Licensing system covers all arms and ammunition or parts of arm and ammunition. Ammunition such as: bullets, cartridges, shells or anything designed or adapted for or capable for use with any arm, or designed or adapted to contain any noxious liquid, gas or other thing but does not include spears discharged from an arm solely for the purpose of killing fish. Arms such as: any lethal barrelled weapon of any description from which any shot, bullet or other missile, and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing dangerous to persons, and includes any component part of any such weapon, and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon, but does not include articles solely to discharge spears for spearing fish.

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

The system applies to all goods regardless of their originating country.

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 is intended to restrict the quantity of importation. With regards to arms and ammunitions a license to import would only be granted for those arms and ammunition that would be able to get a license to possess here in Tonga.

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?

Import Licensing of arms and ammunition is stipulated under the Arms and Ammunition Act 2020 Part V and subjected to conditions provided in Section 15. The Arms and Ammunition Act 2020 and Arms and Ammunition Regulations 2020 provide the rules and procedures relating to arms and ammunition.

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?

Yes, information is published as all the Acts and Regulations are on the Attorney General's Office's website (https://www.ago.gov.to) for filing applications for licenses. There is no prescribed quantity, only those that are approved and shown on one's license. The Acts stipulates if there are any exceptions from the licensing requirement and the procedures.

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?

The decision of the quotas as it stands for arms and ammunition has been one that was decided on in previous years and has not been changed. If the authorities who are empowered to do so believes there is a need to make this change, then they will do so.

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.)

Licenses can be allotted for any goods covers by the Acts and Regulations and not limited to domestic producers. Each license has an expiry date which ensures that license holders must import the goods contained in the license within a specified time. The unused allocations are not added to quotas for a succeeding period. The names of importers to whom licenses have been allocated may be given no governments and export promotion bodies of exporting countries based on a justifiable reason.

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?

One can apply at any time as the quotas will be shown when license is granted.

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

In practice if all documents are ready then the whole process will take one month however it will also depend on the availability of the Minister of Police as he, by law, will approve these 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?

There is no period for when importation is open. Once a license of import is obtained, the licensee will be able to import ammunitions and firearms as stipulated by the license granted.

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?

Yes, it is considered by a single administrative organ only. However, for foreigners they have to provide a visa permit.

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?

Yes, allocation is made on a first come, first serve basis. Yes, there is a minimum amount allocated per applicant and it is determined by the nature of the applications.

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?

Import Licenses will still be required, and it will not be automatic as it will still have to pass through the various required processes.

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?

There is nothing in place as far as the Acts and Regulations are concerned an import license is always needed.

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

No.

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?

Ideally an import license should be obtained before the goods reaches Tonga.

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

There have been cases where the goods arrive at port however it is not released until a license is obtained but these cases run a high risk of being charged for the importing of these unlicensed goods.

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

No.

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.

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

There is no limitation period in the year for someone to lodge an application for a licence as well as importation of ammunition and firearms.

Are there any limitations as to the period of year during which importation may be made?

There is no limitation period in the year for someone to lodge an application for a licence as well as importation of ammunition and firearms.

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?

Depending on the nature of the application and the applicants themselves.

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

If the applicant is a foreigner with a business, then the relevant Government Ministries may be involved. Such as they will have to provide business license from Ministry of Trade and Economic Development, visa from Immigration Tonga, etc. However, it is for the applicant to provide those documents if required.

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?

As provided under the Arms and Ammunition Act 2020, Part VI, Section 27, subject to the provisions of section 26, the Minister of Police may refuse any applicant for issue or renewal of any licence without assigning any reason for such refusal, and may for reasons of public safety to be duly recorded by him, or when the licensee has been convicted of an offence under this Act, or on breach of a condition of a licence, or on other prescribed grounds, cancel or suspend the licence. No licence shall be issued or renewed to any person under the age of 21 years. The power to grant a licence lies with the Minister of Police's discretion.

Are the reasons for any refusal given to applicants?

The reason for refusal is not given and there is no avenue for an appeal.

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

The reason for refusal is not given and there is no avenue for an appeal.

If so, to what bodies and under what procedures?

However, if one can make a case for a judicial review.

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?

Yes, for a person but according to Section 6(3) of the Act, firms and institutions are not eligble to apply.

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

What information is required in applications?

Every holder of such licence shall endorse thereon descriptive particulars of all arms and ammunition, or parts of arms and ammunition imported thereunder, and shall return such licence to the Minister of Police or to the nearest police station within three days from the expiration of the terms allowed thereby. Arms and Ammunition Act 2020 - 15(3). Application form is in Section 15(2) under the Arms and Ammunition Regulation 2020. The license can be picked up from the Ministry of Police.

What documents is the importer required to supply with the application?

The information required are:
- Details of Applicant;
- Purpose of obtaining arm or ammunition;
- Type of arm or ammunition;
- Letter of Application;
- Reference letter;
- Police record; and
- Passport Photo.

Q11. What documents are required upon actual importation?

Import and possession license and custom documents.

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

Is there any licensing fee or administrative charge?

Yes

What is the amount of the fee or charge?

Fee for new applications is TOP$25 and for renewal applications is TOP$5.

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.

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

All license expires on 31 December of every year and must be renewed every new year. This is done by filling out a general form which has various parts, and one must fill in the relevant parts of the form if it is for renewal. The fee for this is TOP$7.75.

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?

No.

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?

Yes

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No.

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 a licence required as a condition to obtaining foreign exchange?

An import license does not have to be presented in order to obtain foreign exchange.

Is foreign exchange always available to cover licences issued?

Foreign exchange being available to cover licenses issued will depend on the foreign exchange being able to provide for the needed supply of it.

What formalities must be fulfilled for obtaining the foreign exchange?

There are no formalities needed to be fulfilled in order to obtain foreign exchange other than the usual process that foreign exchange outlets have.

Arms and ammunition

Outline of Systems

Purposes and Coverage of Licensing