Endangered species of animals and plants

Basic information

1

Outline of the system

Import licences are required for the import of (a) endangered species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), whether alive, dead, parts or derivatives, and (b) live endangered species of wild origin in CITES Appendix II.

2

Product coverage

Import licences issued by the Agriculture, Fisheries and Conservation Department are required for the import of animals and plants listed in CITES Appendix I (including their parts and derivatives, and things claimed to contain ingredients made from these endangered species), and live endangered species of wild origin in CITES Appendix II. Import licences are not required for the import of CITES Appendix II species other than live specimens of wild origin and CITES Appendix III species, subject to the production of a valid CITES export permit or certificate of origin.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

The import licensing system is not intended to restrict the quantity or value of imports, but to protect endangered species and to prevent them from over exploitation in accordance with CITES.

6

Questions for products under restriction as to the quantity or value of imports

Not applicable as the import licensing system is not intened to restrict the quantity or value of imports.

7

The system applies to products originating from which country?

The import licensing requirement applies to traders as well as individuals importing these items from all territories.

8

Expected duration of licensing procedure

The import licensing system is an on-going requirement.

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

Any person can lodge an application.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

Agriculture, Fisheries and Conservation Department

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Address

Endangered Species Protection Division, Agriculture, Fisheries and Conservation Department, 5/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon, Hong Kong

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Telephone

(852) 2150 6973

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Fax

(852) 2376 3749

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E-mail address

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Agriculture, Fisheries and Conservation Department

Documentation requirements

24

What information is required in applications?

The required information is summarized in the application form available at https://www.afcd.gov.hk/english/conservation/con_end/con_end_lc/con_end_....

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What documents is the importer required to supply with the application?

With respect to live specimens, controls of and requirements for import of live animals and plants also apply.

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

Application for import licences should be lodged in advance of importation (at least two working days or more depending on complexity).

27

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 can be made.

Issuing the license

28

Can a licence be granted immediately on request?

Normally an import licence cannot be granted immediately upon request.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

The issue of a licence is not automatic and shipments should not be effected unless and until the licence has been issued.

30

Which administrative body is responsible for approving application of licences?

Agriculture, Fisheries and Conservation Department is the sole authority in considering endangered species aspects but all applications for import licences have to be supported by CITES export permits issued by the exporting economies.

31

Must the applications be passed on to other organs for visa, note or approval?

The CITES Secretariat or CITES authority of exporting economies may have to be consulted in certain applications.

32

Are there any other conditions attached to the issue of a licence?

Standard conditions, covering the requirement of presenting the shipment together with the required licence to authorized officers for inspection, are applicable.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

Yes, licence fee.

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What is the amount of the fee or charge?

Import licence for live animals (one or more species) HK$460
Import licence other than live animals (one or more species) HK$170

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Is there any deposit or advance payment required associated with the issue of licences?

No deposit or advance payment is required.

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Amount or rate?

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Is it refundable?

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What is the period of retention?

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What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Licensing policy follows closely the provisions and spirit of CITES.

41

Are the reasons for any refusal given to applicants?

Reasons for refusal will be given to the applicant.

42

Have applicants a right of appeal in the event of refusal to issue a licence?

Any applicant aggrieved by a decision of the Director of Agriculture, Fisheries and Conservation relating to the issue, refusal or cancellation of a licence or any condition specified in a licence may appeal to the Administrative Appeals Board.

43

If so, to what bodies and under what procedures?

Any applicant aggrieved by a decision of the Director of Agriculture, Fisheries and Conservation relating to the issue, refusal or cancellation of a licence or any condition specified in a licence may appeal to the Administrative Appeals Board.

Importation

44

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 importation may be made.

45

What documents are required upon actual importation?

Import licence issued by the Agriculture, Fisheries and Conservation Department together with original of the CITES Export Permit issued by the exporting economy are required upon actual importation.

46

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

47

What is the period of validity of a licence? Can the validity be extended? How?

Import licences are normally valid for six months or less. The validity of a licence can be extended provided that the licensee lodges an application and gives satisfactory justification to the Director of Agriculture, Fisheries and Conservation before its expiry.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for non-utilization.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

The licence is not transferable.

Foreign Exchange

50

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.

51

Is a licence required as a condition to obtaining foreign exchange?

No licence is required as a condition to obtaining foreign exchange.

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?