Automatic products

Member: 

Basic information

1

Outline of the system

The import licensing system is governed by Law No. 23 of 15 July 1997, Title III "General Provisions Governing the Processing of Import Licences issued by State Institutions" and Resolution No. 5 of 18 November 1998 "Regulations Governing the Granting of Import Licences for Products Subject to Tariff Rate Quotas"

2

Product coverage

The system includes two types of licensing: automatic import licensing, which is for statistical purposes, and non-automatic import licensing, which applies to goods that may enter the customs territory upon payment of an import duty lower than the normal duty.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

The licensing is for statistical purposes

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

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Questions for products under restriction as to the quantity or value of imports

7

The system applies to products originating from which country?

The system applies to goods originating in and coming from all countries.

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Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

All persons, firms and institutions are eligible to apply for licences.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

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Address

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Telephone

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Technical Secretariat of the Import Licensing Commission

Documentation requirements

24

What information is required in applications?

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

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

Licence applications must be submitted prior to the arrival of the product at the port of entry.

27

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

There are no limitations as to the period of the year during which applications for licence and/or importation may be made.

Issuing the license

28

Can a licence be granted immediately on request?

Licences are processed and issued within a period of not more than 24 hours.

29

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

In the event that unlicensed goods arrive at a port, an assessment of the health risk is carried out and, on that basis, the goods are detained and the licence is granted at a later date.

30

Which administrative body is responsible for approving application of licences?

The Executive Directorate of Agricultural Quarantine is the sole administrative body responsible for examining licence applications that do not have quantitative limits.

31

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

The Executive Directorate of Agricultural Quarantine is the sole administrative body responsible for examining licence applications that do not have quantitative limits.

32

Are there any other conditions attached to the issue of a licence?

There are no conditions attached to the issue of a licence, other than those established by Resolution No. 5-98 of 18 November 1998 and Law No. 23 of 1997.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

There is no licensing fee or administrative charge.

34

What is the amount of the fee or charge?

35

Is there any deposit or advance payment required associated with the issue of licences?

There is no deposit or advance payment requirement associated with the issue of licences.

36

Amount or rate?

However, in order to ensure that the goods are actually imported, a sum equivalent to 20 per cent of the price quoted for each offer of purchase or sale must be deposited prior to the beginning of the negotiating round so as to guarantee the seriousness of the bids submitted during the negotiating round, the fulfilment of the operating contract awarded, the import of the products in the specified period and the rights arising from such importation.

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Is it refundable?

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What is the period of retention?

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What is the purpose of this requirement?

Refusal of an application

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Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Apart from the ordinary criteria, there are no other circumstances on the basis of which a licence may be refused. By ordinary criteria, we mean those stipulated in Panamanian Law No. 135 of 30 April (Organic Law on the Administrative Litigation System of 1943 as amended by Law No. 33 of 1946 and Law No. 39 of 1954). All of the relevant provisions of the Judicial Code are applicable to them. The following government remedies are available for administrative matters of a national character: (a) Reconsideration by a first-instance administrative officer, with a view to the clarification, modification or revocation of the decision; (b) Appeal before that officer's immediate superior for the same purposes.

41

Are the reasons for any refusal given to applicants?

If a licence is refused, the applicant is informed of the reasons in writing and has the right to appeal against the decisions of the competent licensing authorities.

42

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

Yes.

43

If so, to what bodies and under what procedures?

Importation

44

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

There are no limitations as to the period of the year during which applications for
licence and/or importation may be made.

45

What documents are required upon actual importation?

Upon actual importation, the importer must present a copy of the duly attested customs clearance form and the receipt of payment.

46

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 import licensing, required prior to importation.

Conditions of licensing

47

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

The licence is valid for a period of 60 days from the date of issue. The period of validity may be extended if the applicant so requests.

48

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 a licence or a portion of a licence.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences are not transferable between importers.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

51

Is a licence required as a condition to obtaining foreign exchange?

There is no restriction on obtaining foreign currency for the payment of the goods to be
imported.

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?