Basic information
Outline of the system
The import of controlled chemicals is controlled through (i) licensing of importers and (ii) issuing of import authorization. An importer has to be licensed with the Customs and Excise Department before he can apply for an import authorization to import the controlled chemicals for each consignment.
Product coverage
Import authorization is issued to licensed importers by the Customs and Excise Department to regulate the import of controlled chemicals (i.e. the substances listed in schedules 1 and 2 to the Control of Chemicals Ordinance (Cap.145)).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
The import licensing system is to prevent diversion of controlled chemicals into illicit manufacture of narcotic drugs and psychotropic substances.
Products under restriction as to the quantity or value of imports
The import licensing system is not intended to restrict the quantity or the value of import, but to prevent diversion of controlled chemicals into illicit manufacture of narcotic drugs and psychotropic substances.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import licensing system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
The import licensing system applies to controlled chemicals coming from any places outside the HKSAR.
Expected duration of licensing procedure
The import licensing system is an on-going requirement.
Legal requirements
Is the licensing statutorily required?
The licence requirement is statutory under the Control of Chemicals Ordinance (Cap.145) and Control of Chemicals Order (Amendment to Schedule 2) Order 2022.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not 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?
Any changes to the import licensing system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
An importer has to be licensed with the Customs and Excise Department before he can apply for an import authorization to import the controlled chemicals for each consignment.
What persons or firms are eligible to apply for a licence?
All importers may apply for an import licence under the Control of Chemicals Ordinance (Cap.145).
Is there a registration fee?
Free of charge.
Is there a published list of authorized importers?
There is no published list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
Customs and Excise Department
Address
Customs Drug Investigation Bureau, Controlled Chemical Group, 3/F., Customs Headquarters Building, 222 Java Road, North Point, Hong Kong
Telephone
(852) 2541 4383
Fax
(852) 2123 9152
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Customs and Excise Department
Documentation requirements
What information is required in applications?
An applicant for a licence is required to provide the Customs and Excise Department with information about his personal and company particulars, business address and storage place for controlled chemicals, etc. in his application.
What documents is the importer required to supply with the application?
For the application of an import authorization, commercial documents relating to the import of controlled chemicals have to be provided. Application forms for licence and import authorization are available at http://www.customs.gov.hk/en/trade_facilitation/chemicals/licence/index..... Online application for Authorization to Import Controlled Chemicals is also available through the Trade Single Window at https://www.tradesinglewindow.hk/portal/en/index.html
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for licences and import authorization should be lodged in advance of importation taking into account the processing time. The licensed importer has to lodge an Import Authorization Application and supporting documents at least four working days before the actual importation of controlled chemicals.
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 limitation of time during the year on the application for licence.
Issuing the license
Can a licence be granted immediately on request?
A licence cannot be granted immediately on request because of the time required to process the application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
For an importer to be licensed, the normal processing time would be 14 days.
Which administrative body is responsible for approving application of licences?
The Customs and Excise Department is the sole administrative authority responsible for the processing and approval of licence and import authorization applications.
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?
There are no other conditions attached to the issue of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The administrative charge for a licence is HK$1,530 for each year and an import authorization is free of charge.
What is the amount of the fee or charge?
The administrative charge for a licence is HK$1,530 for each year and an import authorization is free of charge.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
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?
Licences will normally be granted to established companies, hospitals and educational or scientific organizations on application.
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
An applicant has right to appeal to the Administrative Appeals Board against the decision of refusal to grant a licence by the Commissioner of Customs and Excise.
If so, to what bodies and under what procedures?
An applicant has right to appeal to the Administrative Appeals Board against the decision of refusal to grant a licence by the Commissioner of Customs and Excise.
Importation
Are there any limitations as to the period of year during which importation may be made?
There is no limitation of time during the year on importation.
What documents are required upon actual importation?
The import authorization is the only document required under the Control of Chemicals Ordinance (Cap.145) upon actual importation. For the import of ephedrine, pseudoephedrine, ergometrine, ergotamine and norephedrine, import licences issued by the Department of Health under the Import and Export Ordinance (Cap.60) are also required.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The licence is valid for one year which can be renewed upon application on yearly basis.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non utilization. Licensee should however surrender his licence and/or import authorization for amendment or cancellation where appropriate.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.