Goods subject to import licensing

Basic information

1

Outline of the system

The import licensing regime is laid down by the Exchange Regulations establishing the list of products subject to import licensing. The licensing system is administered by the Central Bank of the Congo.

2

Product coverage

Imports of goods are subject to licensing with the exception of border trade.

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

Automatic import licensing is used for statistical purposes. Non-automatic import licensing is used to administer import restrictions maintained under the customs regulations.

6

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

Please see Answers 6.1-6.11.

7

The system applies to products originating from which country?

The regime applies to products originating in or coming from any country.

8

Expected duration of licensing procedure

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?

All persons, firms or institutions are eligible to apply for licences.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

17

Address

18

Telephone

19

Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

A sample application form is available for reference in the Secretariat.

25

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

Importers are required to submit the following documents with their application:
- Commercial contract and/or the invoice;
- any other document required in international trade.

Window of submission of an application

26

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

The licence application is filed on the date agreed by the economic operator before the importation takes place.

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 which licence applications and/or importation may be made.

Issuing the license

28

Can a licence be granted immediately on request?

Under certain circumstances, a licence may be issued immediately upon request.

29

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

30

Which administrative body is responsible for approving application of licences?

In connection with import licence applications, importers approach a single administrative entity.

31

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

In connection with import licence applications, importers approach a single administrative entity.

32

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

The following documents must be submitted for a licence to be issued.
(a) For exports

- Sales contract and/or invoice;
- consignment report for goods to be exported;
- quality certificate;
- inspection certificate (precious materials);
- certificate of origin (precious materials);
- any other document required in international trade.

(b) For imports

- Commercial contract and/or invoice;
- any other document required in international trade.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

A licence fee and an administrative charge are collected.

34

What is the amount of the fee or charge?

35

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

Issue of the licence is not conditional on payment of a deposit or an advance.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

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?

None.

41

Are the reasons for any refusal given to applicants?

When a licence is denied, the reasons are not given, and no right of appeal to any jurisdiction is provided for in the Exchange Regulations.

42

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

When a licence is denied, the reasons are not given, and no right of appeal to any jurisdiction is provided for in the Exchange Regulations.

43

If so, to what bodies and under what procedures?

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 which licence applications and/or importation may be made.

45

What documents are required upon actual importation?

Upon actual importation, the importer is required to present the approved import licence or a copy thereof.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Apart from the licence requirement, imports are not subject to any other prior administrative procedures.

Conditions of licensing

47

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

The period of validity of a licence is three months reckoned from its date of validation. It may be extended for another three months at the applicant's request.

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 of all or part of a licence.

49

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

Licences are not transferable between importers.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Foreign exchange is automatically provided by the banking authorities for the goods.

51

Is a licence 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?

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)

6.1

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?

Information on quotas, procedures for filing licence applications, exceptions and waivers is published in the Official Journal.

6.2

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?

There are no quotas.

6.3

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)

Licences are issued to importers regardless of whether they are producers of like products. Under the regulations, unused IB (goods imports) or EB (goods exports) licences must be surrendered by the importer or exporter to the authorized bank concerned for cancellation not later than one month after the validity date.

An EB declaration duly validated by an authorized bank shall count as an authorization to export and an obligation to receive the totality of the value of the export that has taken place within the time period laid down in Article 19 of the Regulations.

It has a maximum validity of three months from the date of validation, and may be extended at the request of the applicant for a further 3-month period.

For statistical purposes, the banks concerned must transmit to the Central Bank of the Congo, on a quarterly basis, a table of the transactions conducted in this connection containing the following data:

- Exact nature of the goods imported;
- customs tariff number;
- quantity;
- freight cost;
- insurance cost;
- country of origin or source of imported goods.

6.4

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?

As from the date of announcement of the opening of quotas, there is no specified time-limit for the submission of licence applications.

6.5

What are the minimum and maximum lengths of time for processing applications?

There is no specified time period for the processing of licence applications.

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

There is no specified deadline for issuing import licences before the date of opening of the period of importation, except in the case of urgent imports of goods under the same tariff heading whose characteristics are not known at the time of validation of the exchange document, for which the economic operators may use the general format IB declaration.

6.7

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?

Licence applications are processed by a single administrative entity, namely the bank concerned.

6.8

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?

Licences are issued primarily on the basis of imports for the review period. None of the quota is allocated to new importers. Applications are examined as and when they are received.

6.9

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?

There are no bilateral quotas or export restraint arrangements. Export permits issued by the exporting countries are not required.

6.10

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?

Export permits issued by the exporting countries are not required.

6.11

Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

Licences are not issued on condition that goods should be exported and not sold in the domestic market.