Basic information
Outline of the system
The Controlled Drug system allows the United Kingdom to meet its international treaty obligations under the 1961 UN Single Convention on Narcotic Drugs and the 1971 UN Convention on Psychotropic Substances
Product coverage
Regulations require that all imports, exports and intermediary activities involving Controlled Drugs be documented by operators.
Substances are listed in Parts I, II, III and IV of Schedule 2 to the Misuse of Drugs Act 1971 and in Schedules 1 to 5 to the Misuse of Drugs Regulations 2001, and the Misuse of Drugs (Northern Ireland) Regulations 2002. A list of the most commonly encountered drugs currently controlled under those provisions can be found in the following link:
https://www.gov.uk/government/publications/controlled-drugs-list--2/list...
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment; and pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)
Products under restriction as to the quantity or value of imports
Licences are issued to manage the volumes of controlled drug movements worldwide, in accordance with our international obligations. Monetary value is of no relevance to these considerations. Licences enable trade which would otherwise be prohibited because of the danger posed by the substances and their risk of diversion. Controlled drugs are potentially harmful to health, and all imports must be made to a holder of a domestic controlled drugs licence, or to an exempt body (such as healthcare providers in respect of drugs in schedules 2-4).
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
All countries whereby the substance being imported is controlled in either one of the countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
i) The Misuse of Drugs Act 1971
ii) The Misuse of Drugs Regulations 2001
iii) The Misuse of Drugs Regulations (Northern Ireland) 2002
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The substances subject to licensing are set out in legislation. The substances subject to licensing are not left to administrative discretion.
Is it possible for the government 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?
To apply for a CD import or export licence, the company would need to hold a domestic licence unless they fall under an exemption such as university research departments, hospitals, care homes and other healthcare providers who may only require a licence for certain schedules and activities.
You need to apply for a new import or export licence for each individual shipment. Licences cannot be post-dated or retrospectively issued. If you are applying for a UK export licence you must include a copy of the import permit.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Each individual licence has a fee of £24.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Drugs and Firearms Licensing Unit
Address
PO Box 2164, Croydon, CR90 9TB
Telephone
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Drugs and Firearms Licensing Unit
Documentation requirements
What information is required in applications?
Regulations require that all imports, exports and intermediary activities involving controlled drugs be documented by licensees. Licensees must lodge an application for an import or export authorisation (licence) with the competent authority in which the importer/exporter is established. The Home Office serves as the "competent authority". Applications must be made via the national drugs control system (NDS) in respect of each transaction (shipment).
Applications for authorisations must contain full information about the transport arrangements, name and address of all parties involved, and nature, quantity and weight of the substance being traded.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
People can ship any time during the validity of the licence. Import licences are valid for three months and export licences are valid for up to two months. Home Office service standard is seven-ten working days in addition.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
The process is not automatic, so it cannot be immediately granted. However, a licence could potentially be granted on the same day, if the company already hold a valid Domestic licence and have set up the products and foreign trade establishments on the NDS system.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Depending on Licensing Unit resource, a same day licence could be issued. If goods arrive at the port without a licence, a retrospective licence would not be issued as the offence has already occurred.
Which administrative body is responsible for approving application of licences?
Consideration of licence applications is affected by a single administrative organ, the Drugs and Firearms Licensing Unit in the Home Office.
Must the applications be passed on to other organs for visa, note or approval?
However, the Unit will have regard to information from other agencies. In the case of cannabis-based products for medicinal use which are special medicinal products (unlicensed medicines) the Unit will take advice from the Medicines and Healthcare products Regulatory Agency (MHRA), and applicants will need to show that they have notified the MHRA according to the MHRA's requirements. Operators must lodge an application for an import or export authorisation (licence) with the competent authority in which the importer/exporter is established. The Home Office serves as the "competent authority".
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 fee for an individual export or import licence is £24. The Home Office will process applications in date order. The expected processing time is 7 working days. A domestic licence is a pre-requisite to apply for an import/export licence unless the company is exempt. The fees for a domestic CD Licence.
Controlled drug domestic licences: application fees for new controlled drug domestic licences
What is the amount of the fee or charge?
|
Licensable activity |
Application fee |
|
Possess controlled drugs |
£3,133 |
|
Supply, or offer to supply, controlled drugs |
£3,655 |
|
Produce preparations containing controlled drugs |
£4,178 |
|
Produce controlled drugs |
£4,700 |
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment requirement. Payment is in arrears for import licensing only. All domestic licensing fees are paid before a licence is issued.
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?
There are no specific circumstances under which an application for a licence may be refused. All applications are considered individually on their merits.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant, we cannot reject an import/export request without stating the reason.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants do not have a right of appeal in the event of refusal to issue a licence.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
What documents are required upon actual importation?
The import licence is required upon actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Customs declarations.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licence three months, Export licence two months or to the expiry of the import licence. The validity of a licence cannot be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
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.