Basic information
Outline of the system
This licensing system is the control measure taken as necessary to be in compliance with the Montreal Protocol. Any applicants wishing to import these controlled substances shall apply for import license and quota in advance. The granting requirements and procedures are specified within the "Methyl Bromide Management Regulations" and the "HCFCs Consumption Management Regulations" set and administered by the EPA. With such license, the applicant then can acquire the Import Permit from the EPA, which will be used for clearance of the shipments at the custom.
Product coverage
The products under this system are subject to non-automatic licensing, and they are:
(a) Methyl Bromide: C.C.C. 2903.39.90.21-5, 3808.99.92.10-7, 3824.77.00.10-4.
(b) HCFCs: C.C.C. 2903.71.00.00-8, 2903.73.00.00-6, 2903.74.00.00-5, 2903.72.00.00-7, 2903.79.00.10-8, 2903.75.00.00-4.
(c) The following goods, which are composed of chemicals controlled under the Montreal Protocol, are also covered by this system: C.C.C. 2903.79.00.90-1, 3824.71.00.00-2, 3824.79.00.00 4, and 3824.99.99.31-5.
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
This system is made in compliance with the provisions of the Montreal Protocol.
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?
Imports shall be made only from signatories to the Montreal Protocol or from countries or areas that have been approved and promulgated by the Environmental Protection Administration.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
This system could be abolished 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?
Not every individual, company or organization has the qualifications to apply for a licence. An applicant must prove that the use and the volumes will conform to the scope provided for in the Montreal Protocol.
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
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
(a) For Methyl Bromide, the documents required for an application are:
(1) Documented proof of importer/exporter registration (requested if it is the first time they have applied).
(2) Documented proof of the quantity/volume imported and a photocopy of importer’s import permit in the previous period.
(3) A photocopy of import declaration.
(4) An application to import methyl bromide for quarantine or pre-shipment treatment shall separately submit evidentiary documents with respect to such purposes.
(b) For HCFCs, the documents required for an application are:
(1) Documented proof of importer/exporter registration (requested if it is the first time they have applied).
(2) A table showing quantity statistics for the applicant’s import of controlled substances imported.
(3) A photocopy of import declaration.
(4) An application to import HCFCs shall separately submit evidentiary documents with respect to such purposes.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
Are there any other conditions attached to the issue of a licence?
There are no additional conditions besides the quantitative limits of the quotas.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No licensing fee or other administrative fee is required.
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 for the application shall be required.
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?
Are the reasons for any refusal given to applicants?
Reasons for any refusal are given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal, by law, the applicant has a right to appeal by following the procedures provided by the law.
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?
Not applicable.
What documents are required upon actual importation?
Upon actual importation, an import permit issued by the EPA and documents required for customs clearance shall be submitted.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures apart from the aforesaid requirements.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
(a) Methyl Bromide: import approval is valid for six months. Every six months application must be made again for import approval. An approval can be extended for another six months for only one chance if the application for it was filed in two months before expiration.
(b) HCFCs: import approval is valid for six months and no extension is allowed.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Unused quota shall be deducted from the quota for the next year.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Quota can only be transferred between importers with the same eligibility, but quota allocated to users is not transferable.
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?
Is foreign exchange always available to cover licences issued?
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)
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 concerning granting and allocating of import quota is clearly stipulated by the EPA, and has been published both in the Gazettes of EPA and release to the press.
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?
(a) Methyl Bromide: Permission of importation will only be issued for quarantine or pre shipment treatment uses. An approval issued shall be valid for six months. Application for approval is filed on a six monthly basis.
(b) HCFCs: The quota is set annually. The domestic quota is calculated by multiplying the base year consumption provided in the Montreal Protocol by a deduction rate. Quota is allocated to firms based on total quota and past performance of firms with priorities given to users.
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)
(a) Methyl Bromide: Each entity wishing to import shall report its intended import amount for the coming six months period prior to the end of February and August of each year. Accompanying with document showing the quantity of actual clearance of shipment in the previous period. Unused quota for the first half year could be carried over to the second half of the same year, but cannot be carried over to the next year.
(b) HCFCs: Importers or users who have obtained quotas may apply for import.
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?
(a) Methyl Bromide: Upon the date of issuing of importation permission, applications may begin filing for acquiring import permit.
(b) HCFCs: Quotas shall be issued on a six monthly basis and are to be used within that period.
What are the minimum and maximum lengths of time for processing applications?
Applications for approval are processed within 7 to 30 days.
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 waiting period between the granting of licences and the date of opening of the period of importation.
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?
Import approval must be granted by the EPA before obtaining the import permit from the EPA.
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 use and the quantity of the goods to be approved for import must conform to the scope provided in the Montreal Protocol; only then may a special case approval be issued. Quota allocations use past practical merit as a standard.
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?
These approval issuance procedures adopt import control to limit import quantity. There are no bilateral agreements or export restraint arrangements; no import licence from the exporting country is required.
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 quantity is controlled by the importing country. No import licence from the exporting country is required.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No approvals or licences are issued on the condition that goods imported must be re-exported and not sold in the domestic market.