Basic information
Outline of the system
The Explosives Licensing system is to make better provision for the regulation, use, possession, transport, manufacture, sale, storage, import and export of explosives.
Product coverage
Import Licensing covers all explosives products under the Explosives Act 2020, Section 2(a)&(b) and its classification in Part II (3) of the Explosives Regulations 2020 Revised Edition.
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 regulate imports of arms, ammunition or fissionable materials and safeguard national security.
Products under restriction as to the quantity or value of imports
The licensing is intended to restrict the quantity of importation.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
The system applies to all goods regardless of their originating country.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Explosives Import Licencing is stipulated under the Explosives Act 2020 and Explosives Regulation 2020. The licensing is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Yes, legislation leaves designation of products to be subjected to licensing at the administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is not 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?
What persons or firms are eligible to apply for a licence?
No, a person is not eligible to apply but firms and institutions are eligible to apply.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Armoury/Tonga Police
Address
Tonga Police Training College, Maui Kisikisi Rd, Longolongo, Tongatapu, Tonga
Telephone
(+676) 7401600
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Minister's Office/Tonga Police; Telephone: (+676) 7401611;
E-Mail: folola.vaikona@police.gov.to
Documentation requirements
What information is required in applications?
Refer to Form B and Form C provided under the Explosives Regulations 2020 Revised Edition.
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?
Ideally an import license should be obtained before the goods reaches Tonga.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
The limitations would be human resources as the Units that may look after the process are few and also have other work commitments as they may wear more than one hat.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
There have been cases where the goods arrive at port however it is not released until a license is obtained but these cases run a high risk of being charged for the importing of these unlicensed goods.
Which administrative body is responsible for approving application of licences?
Depending on the nature of the application and the applicants themselves.
Must the applications be passed on to other organs for visa, note or approval?
If the applicant is a foreigner with a business, then the relevant Government Ministries may be involved. Such as they will have to provide business license from Ministry of Trade and Economic Development, visa from Immigration Tonga, etc. However, it is for the applicant to provide those documents if required.
Are there any other conditions attached to the issue of a licence?
Yes
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
according to the explosives Regulations 2020 Revised edition, Second Schedule, page 43. "For every permit to import, export or remove explosives $0.40."
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?
The power to grant a license lies with the Minister of Police's discretion.
Are the reasons for any refusal given to applicants?
The reason for refusal is not given and there is no avenue for an appeal.
Have applicants a right of appeal in the event of refusal to issue a licence?
The reason for refusal is not given and there is no avenue for an appeal.
If so, to what bodies and under what procedures?
However, if one can make a case for a judicial review.
Importation
Are there any limitations as to the period of year during which importation may be made?
The limitations would be human resources as the Units that may look after the process are few and also have other work commitments as they may wear more than one hat.
What documents are required upon actual importation?
Import and possession license and custom documents.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
All license expires on 31 December of every year and must be renewed every new year.
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?
Is a licence required as a condition to obtaining foreign exchange?
An import license does not have to be presented in order to obtain foreign exchange.
Is foreign exchange always available to cover licences issued?
Foreign exchange being available to cover licenses issued will depend on the foreign exchange being able to provide for the needed supply of it.
What formalities must be fulfilled for obtaining the foreign exchange?
There are no formalities needed to be fulfilled in order to obtain foreign exchange other than the usual process that foreign exchange outlets have.
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Yes, information is published in the Attorney General's Office's website https://www.ago.gov.to.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
The quotas for explosives are provided by the Explosives Regulations namely Regulation 23.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
Licenses can be allotted for any goods covered by the Acts and Regulations and not limited to domestic producers. Each license has an expiry date which ensures that license holders must import the goods contained in the license within a specified time. The unused allocations are not added to quotas for a succeeding period. The names of importers to whom licenses have been allocated may be given to governments and export promotion bodies of exporting countries based on a justifiable reason.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
One can apply at any time as the quotas will be shown when license is granted.
What are the minimum and maximum lengths of time for processing applications?
There is no expressed length of time.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
At the moment there is no exact date of opening the period of opening with regards to importation. Therefore, at the moment the Acts and Regulations are silent.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
With regards to the application for license there is no other administrative organ that needs note or approval. However, foreigners may need to demonstrate visa.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
It is first come first serve. There is a maximum amount allocated per applicant and this will be determined on the nature of their applications.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Import licenses will still be required and it will not be automatic as it will still have to pass through the various required processes.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
There is nothing in place as far as the Acts and Regulations are concerned an import license is always needed.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.