Goods under Non-Automatic import licensing

Member: 

Basic information

1

Outline of the system

According to Section 5 of the Export and Import Act B.E.2522 (1979), the Minister of Commerce with the approval of the Cabinet has the authority to publish notifications in the Government Gazette to ban, to require for the permission, to prescribe any categories / kinds / qualities / standards / quantities / brands / origins / special fees, etc., of any import and export goods, in any cases where it is necessary, for economic stability, public health, national security, peace and order, good morals or any other interests of the state.

2

Product coverage

Currently, under the Export and Import Act B.E.2522 (1979) non-automatic import licensing is being utilized for (1) Fish meal with protein content less than 60% (2) Building stone (Marble, travertine, ecaussine and other calcareous monumental or building stone, Marble, travertine and alabaster, granite; other stone) (3) Used diesel engines displacement of 331-1,100 cc. (4) Antique idols and parts thereof, parts of ancient monuments, ancient coins, inscriptions and ancient manuscripts and prehistoric implements (5) Waste and scrap of plastics (6) Re-treaded or used pneumatic tyres of rubber for buses or trucks (7) Used tractors for semi-trailers and (8) Used special purpose motor vehicles and (9) Gold

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

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

Protect human, animal or plant life and health; protect environment

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Products under restriction as to the quantity or value of imports

The licensing procedures are not intended to restrict the quantity or value of the imports. The purposes of utilizing import licensing procedures are necessary to:

(a) Fish meal with protein content less than 60% to stabilize price for raw material used for animal food
(b) Building stone (Marble, travertine, ecaussine and other calcareous monumental or building stone, Marble, travertine and alabaster, granite; other stone) to administer the importation and utilization of marble and building stone
(c) Used diesel engines displacement of 331-1,100 cc. to protect human life and public health and safety
(d) Antique idols and parts thereof, parts of ancient monuments, ancient coins, inscriptions and ancient manuscripts and prehistoric implements to prevent smuggling of historical objects or antiques
(e) Waste and scrap of plastics to protect environment and public health
(f) Re-treaded or used pneumatic tyres of rubber for buses or trucks to protect human life, public health and the environment
(g) Used tractors for semi-trailers to protect public safety and environmental conservation
(h) Used special purpose motor vehicles to protect public safety and environmental conservation
(i) Gold to protect economic security and financial stability

6

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

Not applicable.

7

The system applies to products originating from which country?

Thailand has no discriminatory policy regarding the country of origin of the imported commodities.

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Expected duration of licensing procedure

Ongoing

Eligibility of applicants

12

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

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

Under the non - automatic import licensing system, any person, firm or juristic person are eligible to apply for a licence as long as they meet the specific requirements.

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

Department of Foreign Trade, Ministry of Commerce

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Address

563 Nonthaburi road, Bangkrasor, Nonthaburi, Thailand 11000

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Telephone

(+66)2-547-5124

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Department of Foreign Trade, Ministry of Commerce

Documentation requirements

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What information is required in applications?

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

Documentation and other requirements for application of import licence are such as:

- Name and address of the importer;
- Business of the importer;
- Name and address of exporter/shipper;
- Country of origin;
- Means of transport;
- Description and amount of goods to be imported;
- Invoice/Pro-forma invoice;
- Sales contract;
- Certificate of Import Permit;
- Approved document from authorities concerned;
- Other necessary documents.

Window of submission of an application

26

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

There is no certain period for advanced application of an import licence. In general, an applicant should apply for the licence 1-2 weeks before the departure of the shipment.

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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

The application may be submitted on every working day.

Issuing the license

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Can a licence be granted immediately on request?

A non-automatic import licence cannot be granted immediately upon request. Prior review of the application is required.

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

The application will not be granted if the product has already arrived at the customs border.

30

Which administrative body is responsible for approving application of licences?

Import licences are issued by the Department of Foreign Trade and/or other authorities concerned

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

Import licences are issued by the Department of Foreign Trade and/or other authorities concerned

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

Not applicable.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

There is no licensing fee or administrative charge for non - automatic import license issued by Department of Foreign Trade.

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What is the amount of the fee or charge?

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

The deposit or advance payment in form of a cashier cheque, associated with the issue of licence exists only in cases of import of used pneumatic tyres of rubber for buses or trucks. It will be seized if there is no re-exportation.

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Amount or rate?

The rate of deposit will be four times the import value of those tyres and, at the same time, the period of validity would depend on the period of time in which the tyres is to be re-exported.

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Is it refundable?

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What is the period of retention?

The rate of deposit will be four times the import value of those tyres and, at the same time, the period of validity would depend on the period of time in which the tyres is to be re-exported.

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What is the purpose of this requirement?

The purpose of the deposit requirement is to ensure that the imported tyres will be re-exported.

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?

In general, there is no circumstance other than failure to meet the ordinary criteria under import-controlled regulations.

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Are the reasons for any refusal given to applicants?

The reason for any refusal will be given to the applicant.

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

However, they will be given the right to appeal to the authorities concerned for reconsideration.

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If so, to what bodies and under what procedures?

The Ministry of Commerce and/or the Director-General of the Department of Foreign Trade and/or authorities appointed by the Ministry of Commerce are the final decision-makers.

Importation

44

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?

At the time of actual importation, depend on types of import regulations, the import licence or registration number or notification number or relevant certificate must be presented to the customs at the port where the entry takes place.

46

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

If the products also regulated by another government agencies, the importer must follow their measures as well.

Conditions of licensing

47

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

The licence issued by Department of Foreign Trade is valid for 90 days and could be extended only twice (the validity period of each time is 90 days).

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 a licence.

49

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

A licence is not transferable between importers.

Foreign Exchange

50

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

Not applicable.

51

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

Not applicable.

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Is foreign exchange always available to cover licences issued?

Not applicable.

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What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.