Basic information
Outline of the system
The licensing regime is based on the Law Movement of Goods (S.B. 2003 No. 58) and State Decree Negative List 2003 (S.B. 2003 No. 74): Products which need a certificate
Product coverage
The system applies to goods which require a certificate.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The system is not intended to restrict the quantity, but its purposes refer to environmental issues,
state security and public health. No alternative methods of accomplishing the purposes have been
considered
Questions for products under restriction as to the quantity or value of imports
See answers 6.1-6.11
The system applies to products originating from which country?
The system applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Movement of Goods, State Decree Negative List 2003. The licensing is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation leaves designation of products to be subjected to licensing to 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?
All persons, firms and institutions are eligible to apply for licences but first they have to register
themselves at the Chamber of Commerce. Natural persons are eligible.
Is there a registration fee?
There is no registration fee.
Is there a published list of authorized importers?
The Chamber of Commerce publishes a list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
Ho3 and an invoice or pro-forma invoice are required to apply for a licence.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for a licence must be made before the shipment.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Limitations as to the period of the year during which application for licence and/or importation may be made apply for the importation of fireworks (these products are only allowed to be imported in November and December)
Issuing the license
Can a licence be granted immediately on request?
A licence can be granted immediately on request
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Licences can be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Only the Ministry of Trade and Industry has to be approache
Must the applications be passed on to other organs for visa, note or approval?
Sometimes some advice from another administrative organ is needed, such as the Ministry of Agriculture, Public Health, Fishery, Husbandry.
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment
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?
A licence can only be refused if it does not meet the ordinary criteria.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants can submit an appeal to the President.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
Limitations as to the period of the year during which application for licence and/or importation may be made apply for the importation of fireworks (these products are only allowed to be imported in November and December)
What documents are required upon actual importation?
A single document (ED), Ho3, invoice, bill of lading or airway bill are required upon importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Apart form import licensing and similar administrative procedures an Import/Export Registration of non licensing products (S.B. 2003 No. 74) is required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of a licence is 3 months and can be extended within 3 months.
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?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
A licence is not required as a condition to obtaining foreign exchange.
Is foreign exchange always available to cover licences issued?
Foreign exchange is always available to cover licences issued.
What formalities must be fulfilled for obtaining the foreign exchange?
To obtain foreign exchange importers have to submit a request to the Foreign Currency Exchange by filling an international transaction form (IT form).
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?
Information is published in the newspapers. The overall amount is not published. In case of an
emergency a request can be made for exceptions.
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?
N/A
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)
No measures are taken to ensure that licences allocated are actually used for imports. The names of importers to whom licences have been allocated are not made known to governments and export promotion bodies of exporting countries upon request because up until now such requests have not been made.
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?
N/A
What are the minimum and maximum lengths of time for processing applications?
1 or 2 days are the minimum and maximum lengths of time for processing applications.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Remaining time between the granting of licences and the date of opening of the period of importation depends on the shipment, from where it comes.
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?
Licences are only issued by the Ministry of Trade and Industry, the division import, export and foreign exchange. However the application can sometimes also be passed to other organs such as the Ministry of Agriculture or the Ministry of Health. The importer has to approach more than one administrative organ.
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?
The allocation is based on first come first served practice. There is no maximum amount to be allocated. New importers have to register at the Chamber of Commerce. Applications are examined on receipt.
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?
N/A
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?
The importing country is informed by the exporter and the Government.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
There are no products for which licences are issued on condition that goods should be exported and not sold in the domestic market.