Basic information
Outline of the system
The list of products covered under Lesotho's Import Licensing/Import Permit system has been specified in the "Import Restrictions (Amendment) Regulations, 2009". This regulation also stipulates the relevant authorities responsible for managing the licensing process of each product. The import licensing system generally requires an importer to first approach the relevant issuing authority to be guided on the specific application material required for importation of the specified product. Once the necessary documentation has been procured, the importer presents these along with a completed application form to the issuing authority for consideration. The documentation is then reviewed against the administrative requirements and within the timeline specified by the issuing authority for import of the specified product. An import permit is issued once the approval process is complete. Applied terminology varies by institution with some issuing "import permits" while other issue "import licences".
An importer lodges his/her application with the Epidemiology and Data Management Section at the Department of Livestock Services at least 7 – 30 days before intended importation. The application is reviewed by responsible officials and decisions are made after 5 working days. The importer is required to collect their application once approved and resubmit to the Office of the Secretary, who is responsible for issuing the relevant import permit document.
Product coverage
Permits are required for:
- Livestock and livestock products;
- Pullets and one day old chickens;
- Bees.
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 licensing system is not intended to restrict the quantity or value of imports of goods listed but rather to ensure imported products meet the minimum hygienic requirements and for disease control.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
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?
The licensing is statutorily required. Law, regulation and/or administrative order under which the licensing is maintained: the Import Restrictions (Amendment) Regulation, 2009, the Livestock Disease Act.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the Ministry of Agriculture, Food and Security to abolish the system without legislative approval, but improvements of the system are possible.
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?
Is there a registration fee?
Is there a published 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
Department of Livestock
Documentation requirements
What information is required in applications?
A sample import application is required.
What documents is the importer required to supply with the application?
Documents the importer required to supply with the application are: completed application form, health attestation from State veterinary services in originating country, and Pro-forma invoice for import of pork products.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application can be submitted 7 – 30 days before importation.
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 on the period of the year during which applications for import permits can be made.
Issuing the license
Can a licence be granted immediately on request?
A permit cannot be granted immediately upon request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Import permits cannot be issued within a shorter time limit than those prescribed above.
Which administrative body is responsible for approving application of licences?
The Department of Livestock is the single administrative organ designated to consider application of these import permits.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no other conditions attached to the issuance of an import permit.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
A fee of 25-lisente (25-cents) per 10kg of imported good is stipulated by law. This fee is only payable once an application has been approved.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement.
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?
Permits are not granted on the basis that the applicant did not meet Health Certification requirements.
Are the reasons for any refusal given to applicants?
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?
The applicant can appeal the decision to the Minister of Agriculture.
If so, to what bodies and under what procedures?
There is no appeal procedure specified in the legislation.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Documents required upon actual importation include: health attestation from State veterinary services in the country of origin, Import permit and Invoice. Goods can be confiscated at the border when information is inconsistent across these documents.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Permits on livestock and livestock products are only issued on a consignment basis and their validity cannot be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties for the non-utilisation of a permit or a portion of a permit.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences cannot be transferred 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 if other administrative procedures required are fulfilled.
Is a licence required as a condition to obtaining foreign exchange?
Licences are not 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?
Formalities to be fulfilled to obtain the foreign exchange include the presentation of identification document, proof of sufficient funds in bank account, and a Pro-Forma Invoice.