Goods subject to quantitative restrictions

Member: 

Basic information

1

Outline of the system

Goods and services are freely exportable and importable, subject to the limits established by Law No. 13-89 on foreign trade and any other legislation in force designed to safeguard public morals, health, safety, law and order, protect fauna and flora and the national historical, archaeological and artistic heritage or maintain Morocco's external financial position.

To this end, quality control on the basis of predetermined standards may be carried out and quantitative restrictions on both imports and exports of goods may be implemented in exceptional cases.

Imports require an import indenture ("engagement d'importation") made out in five copies and arranged directly with an approved banking intermediary, selected by the importer. The indenture is valid for six months from the date of signature.
However, goods imported under the special regimes provided for in Chapter 1 of Title VI of the Customs and Excise Code do not require an import indenture. These are goods which may be imported free of import duties and taxes, such as shipments to embassies and diplomatic and consular services, charity shipments, exceptional shipments of no commercial value and goods returning to the national territory that are of Moroccan origin or have been cleared for home use.
An import licence is required for the customs clearance of goods subject to quantitative restrictions. The licence is issued by the Ministry of Foreign Trade after consultation with the ministry or ministries concerned. The decision to grant or refuse the import licence is notified to the applicant by the Ministry of Foreign Trade within 30 days from the date of application. The licence is made out in six copies and is valid for a maximum of six months from the date of issue by the Ministry of Foreign Trade.

The licences must be accompanied by the pro forma invoices made out in five copies. The invoices must show at least the ex-factory unit price, the quantity in appropriate units and the trade description of the imported goods.

TITRE VI.pdf
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Product coverage

In accordance with the provisions of Article 17 of Law No. 13-89 on foreign trade, an import licence is required for goods subject to quantitative restrictions, with a view to safeguarding public morals, safety, health, law and order. Such licences authorize customs clearance and financial settlement of the imports concerned. Import licences are issued by the Ministry of Foreign Trade after consultation with the ministries concerned. They are valid for a period of six months from their date of issue.
Products covered:

In addition to explosives, worn clothing and used and re-treaded tyres, other goods have been added for health and safety reasons to the list of products subject to import licensing, in accordance with Article 1 of Law No. 13-89 on trade, namely wheels fitted with used or re-treaded tyres and used chassis for motor vehicles. Other products have also been added to the list of goods subject to import licensing in accordance with the provisions of the Montreal Protocol of 16 September 1987 on the marketing and use of substances that deplete the ozone layer and to the provisions of the Chemical Weapons Convention of 1993.

Please see Products for a detailed list of the goods subject to import licensing.

Nature of licensing

Automatic

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If Automatic, administrative purpose

Non-Automatic

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

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Products under restriction as to the quantity or value of imports

The import licensing system is applied for public health and safety reasons and for environmental protection. Its objective is in no way to restrict the quantity or value of imports, except in the case of certain goods (see reply to question No. 6).

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

Import licences for products subject to quantitative restrictions are issued as applications are lodged, on a non-discriminatory basis and with complete transparency, in accordance with the principles of the WTO Agreement on Import Licensing Procedures. As they are applied for health and safety reasons, they do not in any way restrict the value or quantity of imports.
Licences for the import of worn clothing and used or re-treaded tyres, however, are not granted for public health and safety reasons.

7

The system applies to products originating from which country?

Licences are required for imports from any source. Therefore, any natural or legal person carrying out import operations is free to choose the country of origin.

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?

Any natural or legal person lawfully resident in Morocco may apply for an import licence.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

Ministère du Commerce Extérieur

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Address

63, Avenue My Youssef, Rabat

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Telephone

+212 537 70 63 21/89

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Fax

+212 537 72 05 53

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E-mail address

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Contact officer

Mr El Alaoui Abdellah

Submission of an application

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Administrative body(ies) for submission of an application

Ministère du Commerce Extérieur/Direction de la Politique des Échanges Commerciaux/Division de Réglementation et de la Facilitation Commerciale,
1, Avenue Tadla, Mabella, Rabat, Morocco,
+212 537 63 91 53/56
+ 212 537 75 16 22
E-mail: elalouia@mce.gov.ma
Website: www.maroc-trade.gov.ma
Contact: Mr El Alaoui Abdellah

Documentation requirements

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What information is required in applications?

See the annexes to Order No.1518-94 establishing the procedures for obtaining import licences.

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

See the annexes to Order No.1518-94 establishing the procedures for obtaining import licences.

Window of submission of an application

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

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Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

No time-limit has been fixed for lodging licence applications.

Issuing the license

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Can a licence be granted immediately on request?

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

The maximum time-limit for issuing import licences is 30 days from the date of lodging the application.

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Which administrative body is responsible for approving application of licences?

31

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

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

No conditions other than those specified in Law 13-89 on foreign trade and its implementing texts are attached to the issue of a licence.

Fees and other administrative charges

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Is there any licensing fee or administrative charge?

No.

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What is the amount of the fee or charge?

35

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

No.

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Amount or rate?

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Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

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

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Are the reasons for any refusal given to applicants?

If an import licence application is rejected, the reasons for refusal are communicated to the applicant within a maximum period of 30 days from the date of the application.

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

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If so, to what bodies and under what procedures?

Importers may resubmit licence applications.

Importation

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Are there any limitations as to the period of year during which importation may be made?

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What documents are required upon actual importation?

The form for import licences must be accompanied by the pro forma invoices made out in five copies. The invoices must show at least the ex-factory unit price, the quantity expressed in appropriate units and the trade description of the imported goods.

46

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

No.

Conditions of licensing

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

Import licences are issued by the Ministry of Foreign Trade after consultation with the ministries concerned. They are valid for a maximum of six months from their date of issue.

48

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

No.

49

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

No.

Foreign Exchange

50

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

Yes.

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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?