Outline of the system
Import licensing is required for goods subject to excise taxes – specifically fuel. The licensing system is administrated by Excised Goods Department under Ministry of Finance.
Non-leaded fuel, its substitutes and components.
Leaded fuel, its substitutes and components.
Kerosene, its substitutes and components.
See Product coverage.
Nature of licensing
If Automatic, administrative purpose
Automatic import licensing. The intention of licensing is to prevent tax evasion, to ensure the protection of consumers’ interests and safety by preventing the circulation of products of low quality or unknown origin, as well as to obtain statistical data.
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
No. The licensing system does not limit quantity of imported products and number of entrepreneurs who have a licence. Importers are absolutely independent and have a free choice of imports’ source and quantity of imported products. The intention of licensing is to prevent tax evasion, to ensure the protection of consumers’ interests and safety by preventing the circulation of products of low quality or unknown origin, as well as to obtain statistical data.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
The system of import licensing applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Is the licensing statutorily required?
Yes. The licensing system is a statutory requirement of Regulation No.348 “Licensing Regulations of Special Types of Entrepreneurial Activity” issued by the Cabinet of Ministers on 7 October 1997 and Regulations of the Cabinet of Ministers No.311 “Regulations of Circulation of Fuel” of 5 September 2000.
Does the legislation 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?
No. The licensing system can be suspended by the Cabinet of ministers whenever it is determined that such action is appropriate.
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?
Licences are granted to all entrepreneurs who want to engage in entrepreneurial dealing with import of fuel without reference form of property (state, private), it means, they have united requirements for receiving licence, united rights and order of dealing when licence is granted.
Is there a registration fee?
Is there a published list of authorized importers?
The list of importers is published regularly.
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
What information is required in applications?
On application for import licence an entrepreneur has to indicate his name, number and date of registration in Register of Enterprises, address, kind of licensed entrepreneurial dealing. With the application the entrepreneur has to submit documents corresponding to requirements for the potential importer.
The main requirements for entrepreneurs who want to receive an import licence are:
- registration in Register of Enterprises;
- verification that the local government of the relevant jurisdiction accepts carrying out the particular kind of activities for which the licence is requested;
- certification that importer has paid previous taxes;
- technical and economic references of the enterprise, and statement of financial status as an indicator of economic stability;
- agreement with the foreign company of manufacture or distributor;
- quality certificate of the imported production; and
- conformity with the requirements of special services about specifications for storing and transportation of goods (for import of fuel and its substitutes).
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?
Licence is issued within 10 working days from the day an application is submitted.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
Can a licence be granted immediately on request?
Regulation No.348 does not provide for any exceptions as regards licence allocation within a shorter time-limit or immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
See reply 28
Which administrative body is responsible for approving application of licences?
Yes, consideration of licence applications is effected by a single administrative organ, i.e., Excised Goods Department under the Ministry of Finance.
Must the applications be passed on to other organs for visa, note or approval?
No. Not applicable.
Are there any other conditions attached to the issue of a licence?
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes. Regulation No.77 “On Licensing Fee for Issuing Special Authorizations (Licences) to Separate Entrepreneurship Categories” issued by the Cabinet of Ministers on 31 March 1995 prescribes state duties for import licencies.
What is the amount of the fee or charge?
Import and wholesale of fuel 200.- Ls
Is there any deposit or advance payment required associated with the issue of licences?
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?
Are the reasons for any refusal given to applicants?
The reasons for refusal are given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
In case of refusal appeals may be made to juridical authorities in conventional order.
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Pperiod of validity of licence for import of fuel is three years.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for fuel importers.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
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?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?