Member:
Basic information
1
Outline of the system
I have the honour to inform you that an import licensing regime no longer exists in Benin. Since 1989, my country has undertaken a structural adjustment programme under which the import licensing regime was eliminated partially in 1990 and altogether in 1993.
In this context and to this end, all import restrictions and prohibitions had already been abolished by Decree No.88-292, of 21 July 1988, abolishing measures prohibiting or imposing quotas on imports, with the exception of the cement sector that continues to be protected owing to its strategic nature for the State.
Since an import licensing regime no longer exists in Benin, we do not have the information requested under Article 1.4(a) of the Agreement.
2
Product coverage
Cement
Nature of licensing
Automatic
3
If Automatic, administrative purpose
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
6
Questions for products under restriction as to the quantity or value of imports
7
The system applies to products originating from which country?
8
Expected duration of licensing procedure
Legal requirements
9
Is the licensing statutorily required?
Please find attached the Collection of Laws and Regulations governing the commercial, tourist and industrial sectors, containing:
-at page 9, Law No.90-005 of 15 May 1990 laying down the conditions for engaging in trading activities in the Republic of Benin;
-at page 17, Law No.93-007 of 29 March 1993 amending Law No. 90-005 of 15 May 1990 laying down the conditions for engaging in trading activities in the Republic of Benin;
-at page 20, Decree No.88-292 of 21 July 1988 abolishing measures prohibiting or imposing quotas on imports.
10
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
11
Is it possible for the government to abolish the system without legislative approval?
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?
14
Is there a registration fee?
15
Is there a published list of authorized importers?
Contact point for information on eligibility
16
Ministry/Authority
17
Address
18
Telephone
19
Fax
20
E-mail address
21
Website
22
Contact officer
Submission of an application
23
Administrative body(ies) for submission of an application
Documentation requirements
24
What information is required in applications?
25
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?
27
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
28
Can a licence be granted immediately on request?
29
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
30
Which administrative body is responsible for approving application of licences?
31
Must the applications be passed on to other organs for visa, note or approval?
32
Are there any other conditions attached to the issue of a licence?
Fees and other administrative charges
33
Is there any 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?
36
Amount or rate?
37
Is it refundable?
38
What is the period of retention?
39
What is the purpose of this requirement?
Refusal of an application
40
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
41
Are the reasons for any refusal given to applicants?
42
Have applicants a right of appeal in the event of refusal to issue a licence?
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?
45
What documents are required upon actual importation?
46
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
47
What is the period of validity of a licence? Can the validity be extended? How?
48
Is there any 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?
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?
52
Is foreign exchange always available to cover licences issued?
53
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only 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)
6.1
Where is information on allocation and formalities for licences published? 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?
6.2
Is the size of the quota determined: on 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 a fresh licence on a six-monthly or quarterly basis?
6.3
Are licences allocated 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 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)
6.4
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?
6.5
What are the minimum and maximum lengths of time for processing applications?
6.6
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
6.7
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?
6.8
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?
6.9
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?
6.10
In cases where imports are allocated 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?
6.11