Basic information
Outline of the system
The Chemical Weapons Convention (CWC) is implemented in New Zealand through the Chemical Weapons (Prohibition) Act 1996.
The Chemical Weapons (Prohibition) Act 1996 prohibits the import of all CWC scheduled chemicals, unless permission is granted in writing (an import permit is granted) by the Ministry of Foreign Affairs and Trade.
Product coverage
(a) CWC Schedule 1 chemicals: these are the most toxic and tightly controlled chemicals, primarily consisting of military chemical warfare nerve, blister, choking, or blood agents, including sarin and its near relations.
(b) CWC Schedule 2A toxic chemicals and 2B precursor chemicals: these are dual-use chemicals, more commonly used and traded for routine commercial purposes in New Zealand. All Schedule 2A chemicals are controlled. A Schedule 2B chemical is controlled if:
- it constitutes more than 10% (by weight) of a mixture, OR
- if the mix contains more than one Schedule 2 or Schedule 3 chemical.
(c) CWC Schedule 3A toxic chemicals and 3B precursor chemicals: these are dual-use chemicals, more commonly used and traded for routine commercial purposes. A Schedule 3A or 3B chemical is controlled if:
- it constitutes more than 10 per cent (by weight) of a mixture, OR
- if the mix contains more than one Schedule 2 or Schedule 3 chemical.
All scheduled chemicals are listed on the OPCW website, https://www.opcw.org/.
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 licensing of CWC chemical imports is not intended to restrict the quantity or value of imports, but to meet the requirements of the CWC, i.e. the CWC aims to eliminate an entire category of weapons of mass destruction by prohibiting the development, production, acquisition, stockpiling, retention, transfer, or use of chemicals weapons by States Parties. States Parties in turn must take the steps necessary to enforce that prohibition in respect of persons (natural or legal) within their jurisdiction.
Questions for products under restriction as to the quantity or value of imports
Not applicable. Information concerning scheduled chemicals and how to apply for an import licence to enter New Zealand is published on the Ministry of Foreign Affairs and Trade, New Zealand's website: https://www.mfat.govt.nz/en/trade/trading-weapons-and-controlled-chemica... together with more detailed information on the application procedure.
The system applies to products originating from which country?
The system applies to goods originating in and coming from "all" countries. The CWC prohibits the transfer of Schedule 1 and 2 chemicals to countries/territories which are not party to the CWC. A full list of countries/territories party to the CWC are listed on the OPCW website https://www.opcw.org/.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The Chemical Weapons (Prohibition) Act 1996 prohibits the import of all Chemical Weapons Convention (CWC) scheduled chemicals, unless permission is granted in writing (an import permit is granted) by the Ministry of Foreign Affairs and Trade.
The licensing is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion, (see answer to Q2 above).
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or the executive branch) to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Not applicable.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Importers are required to ensure full details of chemicals to be imported are provided, including the correct name, mixture weight/analysis breakdown and, if possible, CAS (Chemical Abstracts Service) number and the intended use of the chemicals.
What documents is the importer required to supply with the application?
Details of CWC Schedules of Chemicals (1-3) can be found on our website https://www.mfat.govt.nz/en/trade/trading-weapons-and-controlled-chemica... together with more detailed information on the application procedure. Completed documents should be sent to fax +64 4 439 8519, or by email to exportcontrols@mfat.govt.nz.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for the import of CWC Schedule 1 Chemicals must be received by the Ministry of Foreign Affairs and Trade, New Zealand at least 37 days prior to the anticipated shipment date. Advance notification is required because the transfer must be notified to the Organisation for the Prevention of Chemical Weapons (OPCW) which implements the CWC internationally, at least 30 days in advance.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
Not immediately, but depending on circumstances, a licence can be provided within 24 hours of application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The Ministry of Foreign Affairs and Trade, New Zealand endeavours to process all applications within ten-working days. Licences can be obtained within a shorter time-limit if required.
Which administrative body is responsible for approving application of licences?
Consideration of licence applications is effected by a single administrative organ.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no charge for the processing of import permits.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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?
Specific CWC requirements prohibit the re-transfer of Schedule 1 chemicals. In practice this means that Schedule 1 chemicals imported into New Zealand may not be retransferred to a third country. In these circumstances an import licence would be declined. If Schedule 2 and 3 chemicals were imported for retransfer and if it is assessed that there is an unacceptable risk the chemicals may be diverted to a chemical weapons programme, then the application to import would be declined.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
There is no statutory right of administrative appeal against any of the decisions by the Secretary
If so, to what bodies and under what procedures?
Authority for granting approval for the import of CWC Scheduled Chemicals rests with the Secretary of Foreign Affairs and Trade. Applicants could seek a judicial review of an administrative decision through the courts.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Import Permit from the Ministry of Foreign Affairs and Trade, New Zealand.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No – not from the Ministry of Foreign Affairs and Trade, New Zealand. Some chemicals may constitute hazardous substances and could be required to comply with the Hazardous Substances and New Organisms (HSNO) Act 1996 and supporting regulations.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of a license is three months after the licence has been issued. Extensions to import licences can be granted when an import does not fall within the usual three-month period, by applying to the Ministry of Foreign Affairs and Trade, New Zealand.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, but the applicant must inform the Ministry of Foreign Affairs and Trade, New Zealand in writing if the actual quantity imported is less than that approved, or if the import does not take place.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable to the Ministry of Foreign Affairs and Trade, New Zealand.