Basic information
Outline of the system
The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), from a country that is not a State Party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction ("Chemical Weapons Convention"), is prohibited under Regulation 5J of the PI Regulations.
The importation of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 of the PI Regulations from a country that is a State Party to the Chemical Weapons Convention or mentioned in Part 4 of Schedule 11 of the PI Regulations, is prohibited unless:
- the Minister for Foreign Affairs or an authorised person has given permission in writing to import the goods. The Minister for Foreign Affairs has authorised the positions of Director General and Assistant Secretary of Australian Safeguards and Non-Proliferation Office (ASNO) to grant permits; and
- the permission is produced to the Australian Border Force (ABF).
These prohibitions do not apply to chemicals listed in Part 3 (except Items 1, 2 or 3) or Part 4 of Schedule 11 where they are in concentrations of less than 10% by weight of the goods, and there are no other Part 2, 3 or 4 chemical compounds in the goods. Such goods may be imported from both State Parties and non-State Parties without requiring a permit.
Product coverage
Chemical compounds as mentioned in Part 2 or 3 of Schedule 11 of the PI Regulations from a country that is a State Party to the Chemical Weapons Convention and all Part 4 chemicals are regulated by a permit system. A permit must be granted by the Minister for Foreign Affairs or an authorised person and produced to the ABF.
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 PI Regulations are not intended to restrict the quantity or value of imports. Australia is a Party to the Chemical Weapons Convention (CWC), and amongst other things, this treaty requires State Parties to declare trade in CWC-Scheduled chemicals, and to impose trade restrictions on transfers of the more toxic chemicals listed in Part 2 and 3 to non-State Parties. Since implementing the treaty in 1997, Australia has regulated the Part 2 chemicals through use of permits. In 2000, the permit system was extended to apply to Part 3 and 4 chemicals in response to stricter CWC provisions relating to Part 3 transfers and because less formal means of controlling and tracking were assessed as inadequate.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The regulations apply to the importation of goods from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on importation of the specified goods is a statutory requirement under Regulation 5J of the PI Regulations made under the Customs Act 1901 (Customs Act) but could also be relevant to the Chemical Weapons (Prohibition) Act 1994. This restriction does not apply to goods that contain a chemical compound listed in Part 3 (except Items 1, 2 or 3) or Part 4 of Schedule 11 of the PI Regulations that is less than 10% by weight of the total and contain no other listed chemicals.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
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?
All persons, firms and institutions are eligible to apply for permission to import, however the chemicals from Parts 2 and 3 can only be imported from a country which is a State Party to the Chemical Weapons Convention (as listed on the Internet at http://www.opcw.org/) . Also, all of the prescribed chemical imports can only be used for purposes not prohibited by the CWC, as provided for under the Chemical Weapons (Prohibition) Act 1994.
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?
For permission to import, applications must be made in writing to the relevant Minister or authorised person.
Permits for chemicals in Part 2 of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956 (i.e. Schedule 1 of the CWC).
The permit is valid for a single shipment of the specified chemical. The following details must be included in the application:
• importer's name, address, Australian Business Number and other contact details;
• supplier's name and address;
• country of export (this can only be another State Party) – the goods must be shipped directly; transhipment through another country is not allowed;
• name, CAS number, quantity (gross and net) and percentage by weight, proposed use, tariff classification code and other descriptors of the chemical;
• date of export from supplying country and expected import date;
• end user's name, address and other contact details;
• a description of security measures that will be taken to prevent unauthorised access to the chemical.
Permits for chemicals in Part 3 and Part 4 of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956 (i.e., Schedules 2 & 3 of the CWC).
The permit is valid for multiple shipments of multiple chemicals over a specified time, usually one year. The following details must be included in the application:
• importer's name, address and other contact details;
• importer's ABN;
• names, CAS numbers, tariff classification codes and percentage by weight of the chemicals the importer is proposing to import;
• exporting country;
• a description of security measures that will be taken to prevent unauthorised access to the chemical.
When required, ASNO can issue bespoke import permits covering Schedule 1, 2 and 3 chemicals to allow for the import of unknown samples from, or on behalf of, the Organisation for the Prohibition of Chemical Weapons.
What documents is the importer required to supply with the application?
ASNO's secure online portal (available for existing import permit holders since 1 January 2015) allows for electronic reporting and renewal of import permits.
Companies that are importing chemicals for the first time must submit a completed import permit application form (available at http://www.dfat.gov.au/asno)
Further information, including permit application and reporting forms, is available at:
https://dfat.gov.au/about-us/publications/Pages/the-chemical-weapons-con....
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application should be made in advance of arrival of the goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Permits may be issued at any period of the year.
Issuing the license
Can a licence be granted immediately on request?
Permits cannot be issued immediately for chemicals under Part 2 except in the saxitoxin case described in paragraph 7(a). Part 3 and 4 chemical permits can be issued immediately where practical. There is also allowance for post-import permits to be issued immediately upon request under subdivision GC of the Customs Act where importation occurred inadvertently without a permit.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
There are two types of permits: permits for chemicals in Part 2 of Schedule 11 of the PI Regulations (Schedule 1 of the CWC) and permits for chemicals in Part 3 and Part 4 of Schedule 11 of the PI Regulations (Schedules 2 and 3 of the CWC) . Chemicals from Part 2 require 37 days' notice for importation which cannot be varied due to concomitant international reporting requirements. However, the 37-day advance notification requirement is waived for imports of saxitoxin in quantities of 5mg or less for medical/diagnostic purposes provided that the goods contain no other chemical listed in Part 2 of Schedule 11 of the PI Regulations. Permits for chemicals listed in Part 3 and Part 4 of Schedule 11 require 7 days' notice, which can be reduced if necessary.
Which administrative body is responsible for approving application of licences?
Permit applications are considered by a single administrative organ, namely ASNO as the permit issuing authority.
Must the applications be passed on to other organs for visa, note or approval?
However, ASNO consults with the ABF prior to issuing an import permit to check whether there are any adverse findings for that company in relation to previous imports. Permits are issued by the Minister for Foreign Affairs or authorised persons (i.e. the Director General and Assistant Secretary of ASNO).
Please note that ASNO then provides the ABF with the details of import permit holders for Part 3 and 4 chemicals, including the company name, all chemicals listed on their import permit, and the tariff classification code used by the importer.
Are there any other conditions attached to the issue of a licence?
A permission granted under Regulation 5J of the PI Regulations may specify conditions or requirements to be complied with by the holder of the permission. Permit requirements for chemicals in Parts 3 and 4 of Schedule 11 include the annual reporting of chemical shipments covered by the permit for the previous calendar year. If the holder of any permission fails to comply with a condition or requirement the Minister may revoke the permission.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No
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?
Application for permission to import can be refused on the discretion of the Minister for Foreign Affairs.
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 right of appeal on the merits of the decision.
If so, to what bodies and under what procedures?
However, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Importation
Are there any limitations as to the period of year during which importation may be made?
Permits may be issued at any period of the year.
What documents are required upon actual importation?
Written permission of the Minister for Foreign Affairs or ASNO (i.e. the import permit) is required by the ABF at the time of import. Where Part 2 chemicals are imported, the importer must also notify ASNO of the actual arrival date within 30 days of shipment arrival in Australia.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
For Part 2 and 3 chemicals, the recipient facility will require an operational permit under the Chemical Weapons (Prohibition) Act 1994 (the Act) if certain activity thresholds for those chemicals are exceeded. However, the requirements for operational permits as specified under the Act are not linked to the timing of imports.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Permits for chemicals in Part 2 of Schedule 11 of the PI Regulations apply to one consignment only and are valid for up to twelve months. A new application is required for each import.
Permits for chemicals in Part 3 and 4 of Schedule 11 of the PI Regulations may be for multiple importations and are valid for up to twelve months. Permits may be reissued on an annual basis on request, provided all permit conditions are met, including reporting annually to ASNO on actual quantities of chemicals imported. Permits may also be varied at any time.
Bespoke import permits for samples send from, or on behalf of, the Organisation for the Prohibition of Chemical Weapons apply to one consignment only and are valid for up to twelve months. A new application is required for each import.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
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.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.