Basic information
Outline of the system
("Genetic" for the purposes of this import system refers to the reproductive resources of semen and/or embryos for livestock and poultry breeding and not to genetic engineering resources or purposes).
In order to ensure a healthy environment favourable to the livestock raising business, and an adequate level of protection of the safe transfer, handing and use of genetically modified breeding stock/poultry and genetic resources resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, to preserve public health and safety of human beings and animals, and prevent the entrance from foreign countries of infectious diseases and/or exotic pests, imported animals are screened and controlled to ensure that they are suited to be raised in the domestic environment and to prevent sick or improper breeds from being imported, so as to meet the needs of developing a sound animal industry, the Council of Agriculture promulgated the "Guidelines for Screening Applications for the Letter of Approval for the Importation of Breeding Livestock and Poultry and Genetic Resources" and "The guidelines needed for obtaining approval for the import and export of genetically modified breeding stock and poultry and genetic resources" according to the "Animal Industry Act". Importers of breeding animals and genetic resources (the genetic resources of animal embryos and semen) must first obtain a letter of approval from the Council of Agriculture with which to apply for customs clearance.
Product coverage
The licensing system is non-automatic. The products covered and their C.C.C. Codes are as follows:
(a) Breeding livestock/poultry animals and genetic resources:
0101.21.00.00-3, 0102.21.00.00-2, 0102.31.00.00-0, 0102.90.10.00-6, 0103.10.00.00-4, 0104.20.00.10-9, 0105.11.10.00-9, 0105.12.10.00-8, 0105.13.10.00-7, 0105.14.10.00-6, 0105.15.10.00-5, 0105.94.10.00-9, 0105.99.10.00-4, 0106.19.10.21-5, 0106.33.00.10-2, 0511.10.00.00-0, 0511.99.91.20-0, 0511.99.92.20-9, and 0511.99.99.40-8.
(b) Genetically modified breeding livestock/poultry animals and genetic resources:
0101.21.00.00-3, 0102.21.00.00-2, 0102.31.00.00-0, 0102.90.10.00-6, 0103.10.00.00-4, 0104.20.00.10-9, 0105.11.10.00-9, 0105.12.10.00-8, 0105.13.10.00-7, 0105.14.10.00-6, 0105.15.10.00-5, 0105.94.10.00-9, 0105.99.10.00-4, 0106.19.10.21-5, 0106.33.00.10-2, 0407.11.90.00-7, 0407.19.90.00-9, 0511.10.00.00-0, 0511.99.91.20-0, 0511.99.92.20-9, and 0511.99.99.40-8.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The purpose of issuing a letter of approval for importation is to facilitate the control of animal species or breeds, bio-safety and to quarantine and track the imported breeding animals and genetic resources. Not included are experimental animals for scientific and research utilization, which may be imported through specially approved experimental projects verified or certified by the related research organizations for the purposes of productive performance tests.
Questions for products under restriction as to the quantity or value of imports
There is no restriction regarding import quantity or value.
The system applies to products originating from which country?
Except if it is a case of a disease-infected area, the import areas are not restricted other than according to the WTO agreement and the WTO accession agreement.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The rules are made in accordance with the "Guidelines for Screening Application for Letter of Approval for the Importation of Breeding Livestock and Poultry and Genetic Resources", and "The guidelines needed for obtaining approval for the import and export of genetically modified breeding stock and poultry and genetic resources".
Animal Industry Act
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
The abolition of these rules would not require the approval of or passage by the legislative branch of the government.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
(a) For breeding livestock and poultry:
The applicant must be a registered livestock or poultry farm owner, but a trading company can be entrusted to handle the application procedures on their behalf.
(b) For genetic resources (including embryos and semen for livestock and poultry breeding):
A registered livestock or poultry farm owner or a registered trader are both eligible to apply for a letter of approval, on their own behalf, (as well as the trader can on behalf of a farm owner).
(c) For genetically modified breeding livestock/poultry animals and genetic resources:
The applicants are restricted to those who raise and breed breeding stock and poultry, a research institute and those who do business with breeding stock and poultry, but a trading company can be entrusted to handle the application procedures on their behalf.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Council of Agriculture
Address
Telephone
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
(a) Breeding livestock/poultry animals and genetic resources: The applicant must obtain the documents required for the application from the competent governments of the particular municipalities or counties and from the Council of Agriculture. The required documents that must be included in the application are: the application form, the applicant’s farm registration certificate, a proforma invoice from the overseas exporters. For breeding livestock and semen and/or embryos importation, a pedigree certificate and the qualified performance data are also required.
(b) Genetically modified breeding livestock/poultry animals and genetic resources: The applicant must obtain the documents required for the application from the Council of Agriculture. The required documents that must be included in the application are: the application form, a photocopy of the certification papers of the applicant, Two copies of the related field test of the imported goods, which is completed by the institute certified by the exporting country and of the bio-safe evaluation report in both the original language and Chinese translation, Two copies of the sequence data of the transferred genes, there performance locus, performance amount and other documents good enough for certification, One copy of the approving papers issued by the competent authorities of the exporting country (including the Chinese translation), One copy of the explication papers concerning the usage, the location where they are bred or preserved and the management fashion of the imported goods.
Window of submission of an application
How far in advance of importation must application for a licence be made?
For importation of breeding livestock/poultry and genetic resources: importers may apply for letter of approval any time they need to do so. Such application must be filed with the Bureau of Business Management of the specific municipality or county in which the animal(s) are to be raised, for examination and review. The application document will then be forwarded to the Council of Agriculture for approval and issuance. Application for the letter of approval for importation of breeding poultry is made with the National Animal Industry Foundation, which first examines the application documents and then forwards them to the Council of Agriculture for issuance.
Application for the letter of approval for importation of genetic resources can be filed with the Council of Agriculture directly. It requires five working days to process the documents at each processing unit. An applicant should obtain the letter of approval for importation within ten working days.
For importation of genetically modified breeding livestock/poultry and genetic resources: importers may apply for letter of approval any time they need to do so. Such application can be filed with the Council of Agriculture directly. An applicant should obtain the letter of approval for importation depends on individual case.
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 restriction as to any specific season for importers to apply; they can make their applications whenever they need to do so.
Issuing the license
Can a licence be granted immediately on request?
The application for letter of approval for importation must follow the above-mentioned procedures for examination and verification. It cannot be approved immediately upon its submission.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
The Council of Agriculture is the only competent central organization that governs and issues letters of approval for the importation.
Must the applications be passed on to other organs for visa, note or approval?
The Council of Agriculture is the only competent central organization that governs and issues letters of approval for the importation.
Are there any other conditions attached to the issue of a licence?
(a) Breeding livestock/poultry animals and genetic resources: to move the imported goods to any other location within the tracing and quarantine period which is altogether six months, notice of intent to do so must be filed with the competent governments of the specific municipalities or counties before being allowed to move. Should any applicant move such animals without filing or reporting, they shall be denied issuance of any letters of approval for importation for the ensuing two years.
(b) Genetically modified breeding livestock/poultry animals and genetic resources: After the imported goods complete the immunization procedures in flocks and are thus cleared, they have to be sent straightaway to the field test premises for assessment in accordance with "the Regulations of the field test and bio-safe evaluation of the genetically modified breeding stock and poultry". They cannot be reclaimed, put to use nor promulgated before they complete and pass the assessment.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No payment or fee shall be collected for the application regarding import permit issuance and other administrative or management procedures.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or payment shall be incurred in relation to the application for letter of approval for importation issuance.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
All applications made in accordance with the above-mentioned "Guidelines" shall not be denied.
Are the reasons for any refusal given to applicants?
For any non-conforming, rejected application, a statement of the reason shall be made to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes an applicant may file a complaint.
If so, to what bodies and under what procedures?
The applicant may file a complaint to the Council of Agriculture or make appeal to the higher-level, supervising agency of this Council, in accordance with the Law of Appeals.
Importation
Are there any limitations as to the period of year during which importation may be made?
There is no restriction as to any specific season for importers to apply; they can make their applications whenever they need to do so.
What documents are required upon actual importation?
For customs declaration, the applicant shall need to present the letter of approval for importation issued by the Council of Agriculture, along with all the required documents to apply to customs for import. For quarantine requirements, the applicant has to make the quarantine application to the Bureau of Animal and Plant Health Inspection and Quarantine (also known as BAPHIQ) for reservation of retention space at a quarantine station. After this has all been taken care of, the importer can go ahead with the work of importing the animals/genetic resources.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
(a) Other administrative procedures mainly have to do with the quarantine work, for which application must be made to the BAPHIQ, in accordance with "The Statute for Prevention and Control of Infectious Animal Diseases."
(b) The import involving genetic manipulation shall follow other related regulations.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
An approval letter shall be valid from the first day following its issue for a period of six months. The letter shall become invalid after its expiration date.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Applicants who do not import the commodities as specified in the letter of approval for importation shall not be penalized.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The letter of approval for importation applies only to the particular applicant and is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The foreign exchange needed for the import commodities shall be automatically provided by the governing banks in charge of such import business.