Basic information
Outline of the system
Importers of distilled spirits, wine, and malt beverages for non-industrial (beverage) use are required to have basic permits, issued under the Federal Alcohol Administration Act (“FAA Act”), to engage in their respective businesses. Similar permit requirements exist for producers (except brewers) and wholesalers of distilled spirits, wine, and malt beverages in the United States. The primary purposes of this requirement are to protect the consumer by oversight of labelling and advertising, to prevent unfair trade practices as required by the FAA Act, and to enforce all other Federal laws relating to spirits, wine, and malt beverages, including taxes. Retailers are not required to obtain basic permits under the FAA Act.
Product coverage
Persons seeking to engage in the business of importing distilled spirits, wine, or malt beverages, as defined in the FAA Act, into the United States must apply for a Federal Basic Importer’s Permit (“Importer’s Permit”).
Nature of licensing
Automatic
If Automatic, administrative purpose
Not applicable.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Permit Application described below.
Products under restriction as to the quantity or value of imports
No. The purpose of the permit system is to provide an enforcement mechanism to ensure that importers comply with all requirements of Federal law relating to alcohol.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
This permit system applies to goods imported into the United States.
Expected duration of licensing procedure
Permits are issued usually within eight to twelve weeks after an application has been filed. Under certain circumstances, a permit can be obtained within a shorter time frame. Once issued, the permit remains valid until annulled, suspended or revoked.
Legal requirements
Is the licensing statutorily required?
The permit system is a statutory requirement of the FAA Act, 27 U.S.C. 201 et seq. (http://www.gpo.gov/fdsys/granule/USCODE-2011-title27/USCODE-2011-title27...). The regulations concerning basic permit requirements, promulgated under the FAA Act, are located in 27 CFR Part 1, et seq. (http://www.gpo.gov/fdsys/pkg/CFR- 2002-title27-vol1/content-detail.html).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The designation of products requiring a license is not subject to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Yes, licensing is a statutory requirement and may not be abolished without legislative approval.
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?
Any person, firm, or institution may apply for a license. Individuals must be citizens or legal residents of the United States; firms or institutions must be incorporated in the United States and have the appropriate tax ID with the IRS.
Is there a registration fee?
There are no registration fees.
Is there a published list of authorized importers?
TTB publishes a list of authorized importers at http://www.ttb.gov/foia/frl.shtml
Contact point for information on eligibility
Ministry/Authority
Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury
Address
1310 G St NW, Washington, DC 20005
Telephone
1-877-882-3277
Fax
Not applicable.
Contact officer
Not applicable.
Submission of an application
Administrative body(ies) for submission of an application
Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury
Documentation requirements
What information is required in applications?
Refer to TTB Form 5100.24 (http://www.ttb.gov/forms/f510024.pdf), along with such supporting documentation as required.
What documents is the importer required to supply with the application?
Refer to TTB Form 5100.24 (http://www.ttb.gov/forms/f510024.pdf), along with such supporting documentation as required.
Window of submission of an application
How far in advance of importation must application for a licence be made?
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?
Under certain circumstances a permit can be obtained within a shorter time frame.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Permits are issued usually within six to eight months after an application has been filed. Under certain circumstances, a permit can be obtained within a shorter time frame. Once issued, the permit remains valid until annulled, suspended or revoked.
Which administrative body is responsible for approving application of licences?
Yes, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is the sole agency that issues basic permits for the importation of alcohol beverages.
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?
No.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No.
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?
27 U.S.C. §204(a) sets forth the circumstances in which an application for a permit may be denied (http://www.gpo.gov/fdsys/granule/USCODE-2011-title27/USCODE-2011-title27... subchapI-sec204/content-detail.html).
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue a permit, administrative appeals may be made to the Administrator of TTB, and then to a Federal court.
If so, to what bodies and under what procedures?
In the event of refusal to issue a permit, administrative appeals may be made to the Administrator of TTB, and then to a Federal court.
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?
For TTB purposes, a Certificate of Age and Origin (if issued by country of origin), a Certification for Natural Wine (unless an exemption or alternative certification applies pursuant to 27 CFR 27.140), and a Certificate of Label Approval (TTB Form 5100.31 (http://www.ttb.gov/forms/f510031.pdf)).
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Yes. For TTB purposes, a Certificate of Age and Origin (if issued by country of origin), a Certification for Natural Wine (unless an exemption or alternative certification applies pursuant to 27 CFR 27.140), and a Certificate of Label Approval (TTB Form 5100.31 - http://www.ttb.gov/forms/f510031.pdf) are required. Additionally, any entity in the United States (including importers) that sells distilled spirits, wine, or beer to a dealer for resale must register as an alcohol dealer with TTB before commencing operations for the first time. (See 26 U.S.C. Chapter 51 (http://www.gpo.gov/fdsys/granule/USCODE-2011-title26/USCODE-2011-title26- subtitleE-chap51/content-detail.html).
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Continuing, unless annulled where the permit was procured through fraud or misrepresentation, or suspended or revoked or surrendered where the permit holder is found to have violated law or regulations or failed to engage in the operations authorized by the permit for a period of more than two years.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Proceedings to revoke a permit may be commenced if the permit holder failed to engage in the operations authorized by the permit for a period of more than two years.
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.