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 Explosives Licensing system is to make better provision for the regulation, use, possession, transport, manufacture, sale, storage, import and export of explosives.

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

Import Licensing covers all explosives products under the Explosives Act 2020, Section 2(a)&(b) and its classification in Part II (3) of the Explosives Regulations 2020 Revised Edition.

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.

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?

Explosives Import Licencing is stipulated under the Explosives Act 2020 and Explosives Regulation 2020. The licensing is statutorily required.

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

Yes, legislation leaves designation of products to be subjected to licensing at the 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.

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):

Please 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?

Yes, information is published in the Attorney General's Office's website https://www.ago.gov.to.

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 quotas for explosives are provided by the Explosives Regulations namely Regulation 23.

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 covered 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 to 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?

There is no expressed length of time.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

At the moment there is no exact date of opening the period of opening with regards to importation. Therefore, at the moment the Acts and Regulations are silent.

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?

With regards to the application for license there is no other administrative organ that needs note or approval. However, foreigners may need to demonstrate visa.

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?

It is first come first serve. There is a maximum amount allocated per applicant and this will be determined on the nature of their 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

The limitations would be human resources as the Units that may look after the process are few and also have other work commitments as they may wear more than one hat.

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

The limitations would be human resources as the Units that may look after the process are few and also have other work commitments as they may wear more than one hat.

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?

The power to grant a license 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?

No, a person is not eligible to apply but firms and institutions are eligible to apply.

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

Refer to Form B and Form C provided under the Explosives Regulations 2020 Revised Edition.

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?

according to the explosives Regulations 2020 Revised edition, Second Schedule, page 43. "For every permit to import, export or remove explosives $0.40."

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.

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.

Explosives

Outline of Systems

Purposes and Coverage of Licensing