Basic information
Outline of the system
Both an import permit and a licence are required for the import of non-pesticide hazardous chemicals that have potentially harmful or adverse effects on human health or the environment, including such chemicals that are subject to regulation of the Stockholm Convention on Persistent Organic Pollutants (Stockholm Covention), or the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention).
Product coverage
The import permitting and import licensing requirements are stipulated in the Hazardous Chemicals Control Ordinance (HCCO) (Cap.595) and the Import and Export Ordinance (IEO) (Cap.60) respectively. Under the HCCO, anyone wishing to import any hazardous chemicals subject to control (scheduled chemicals) needs to apply for an import permit, which is normally valid for 1 year. In addition, for every shipment of scheduled chemicals entering HKSAR, an import licence is also required under the IEO. Both permits and licences are issued by the Environmental Protection Department.
The import permitting and licensing system, which forms part of the overall control of non-pesticide hazardous chemicals in HKSAR, covers two types of scheduled chemicals. Please see "Products" Non-pesticide hazardous chemicals.
The import permitting and licensing system does not apply to a scheduled chemical if the chemical is a constituent element of a manufactured product, except when the chemical is PCB and when its concentration as a constituent element of a manufactured product exceeds 0.005 per cent (or 50 ppm) and its volume exceeds 0.05 litre. The import permitting and licensing requirement also does not apply to a Type 2 chemical if the chemical is, or is a part of, an article in transit.
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 import permitting and licensing system is not intended to restrict the quantity or value of imports, but to implement effective control on non-pesticide hazardous chemicals to protect human health and the environment in accordance with, inter alia, the principles of the Stockholm Convention and the Rotterdam Convention. The import quantities are subject to scrutiny to avoid improper use/release of the hazardous chemicals.
Questions for products under restriction as to the quantity or value of imports
There is no quota restriction for importing the scheduled chemicals and any importer can apply for an import permit/licence. There is also no restriction on the source of the scheduled chemicals. These scheduled chemicals are being phased out or whose use is severely restricted internationally, as required under the Stockholm Convention and the Rotterdam Convention. The HCCO import permit application will be assessed on a case-by-case basis and a permit will be granted only if there is justification for the need to import the proposed quantity of a scheduled chemical, and the importer can demonstrate that the import activities can comply with other local legislation. The quantities allowed for each IEO licence are limited by the annual import quantity permitted in the HCCO import permits. Guidelines and application forms are available on the website of the Environmental Protection Department at
https://www.epd.gov.hk/epd/english/resources_pub/resources_subject/cg_ha....
The system applies to products originating from which country?
The import permitting and licensing system applies to the scheduled chemicals coming from any places. Transshipment and transit of the scheduled chemicals, except for transit of Type 2 chemicals, through HKSAR are also subject to control. Exemptions of import licensing under certain conditions are available for air transshipment cargoes and transit of Type 1 chemicals.
Expected duration of licensing procedure
The import permitting and licensing system is an on-going requirement.
Legal requirements
Is the licensing statutorily required?
The import permitting and import licensing requirements are stipulated in the Hazardous Chemicals Control Ordinance (HCCO), Cap. 595, and the Import and Export Ordinance (IEO), Cap. 60, of the Laws of Hong Kong respectively.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of particular type of chemicals to be subject to control to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import permitting and licensing system require 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 the HCCO import permits. All HCCO import permit holders are eligible to apply for the IEO import licences.
Is there a registration fee?
Is there a published list of authorized importers?
There is no published list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
Environmental Protection Department
Address
Territorial Control Office (Hazardous Chemicals Control Section), Environmental Protection Department, Room 3404, 34/F, Hopewell Centre, 183 Queen's Road East, Wan Chai, Hong Kong
Telephone
(852) 3107 2981
Fax
N/A
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Environmental Protection Department
Documentation requirements
What information is required in applications?
The information required for a HCCO import permit and an IEO Import Licence Form 3 application is outlined in the sample application forms at the following websites:
Permit to Import
https://www.epd.gov.hk/epd/sites/default/files/epd/english/application_f.... Online application is also available through the Trade Single Window at https://www.tradesinglewindow.hk/portal/en/index.html.
Permit to Transship and Transit
http://www.epd.gov.hk/epd/sites/default/files/epd/english/application_fo...
IEO Import Licence Form 3
https://www.tid.gov.hk/english/aboutus/form/sampleform/files/tra187.pdf
What documents is the importer required to supply with the application?
See above
Window of submission of an application
How far in advance of importation must application for a licence be made?
A HCCO import permit and an IEO import licence must be obtained prior to the arrival of the shipment.
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 as to the period of the year during which permit application may be made.
Issuing the license
Can a licence be granted immediately on request?
Since detailed assessment is required for processing the HCCO permit or IEO licence applications, these permits/licences 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
Processing time for permit/licence applications varies from case to case, depending on the complexity of the application, the response time of overseas government agencies and the availability of supporting information from the importers. For a permit application, the target processing time of a permit application is within fifteen working days upon receipt of all necessary information, payment of application fee, and completion of site visit, if required, to verify the information provided by the applicant. For an IEO import licence application, the target processing time is within two clear working days upon receipt of all relevant information. In line with the prior informed consent procedure of the Rotterdam Convention, an IEO licence application will only be considered if the applicant can produce evidence of explicit consent of the exporting and importing countries agreeing to the export and import, unless otherwise exempted by the Environmental Protection Department.
Which administrative body is responsible for approving application of licences?
The Environmental Protection Department is the sole administrative organ to issue the HCCO permit and IEO licence applications.
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?
Standard conditions, covering environmental requirements, safety, packaging, labelling, storage, transportation, disposal, emergency arrangements, return shipments and reporting, are included in the HCCO import permits. No other conditions are attached to the issue of the IEO licences.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
A non-refundable application fee of HK$1,280 or HK$1,710 is required at the time of submission of an application for a HCCO import permit for local use or for transshipment/transit respectively. Renewal application fee is HK$710 for local use and HK$920 for transshipment/transit. No licensing fee or administrative charge is required for an IEO Import Licence Form 3 application. For import licence application made in paper mode, application forms (Form No.: TRA187) have to be purchased at HK$20 per pad (containing 20 sets). Online application of Licence for Scheduled Chemicals through the Trade Single Window is free of charge.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is 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?
Under normal circumstances, application for a HCCO import permit or an IEO import licence is granted if the application meets the legal requirements stipulated in the laws as well as the requirements of the Stockholm Convention and the Rotterdam Convention.
Are the reasons for any refusal given to applicants?
In the event of refusal to issue a HCCO import permit, the reasons will be given.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant may appeal to the Administrative Appeals Board against the refusal. In case of an IEO import licence application, the applicant has a right to appeal to the Chief Executive of the HKSAR. The right to appeal to the Chief Executive is statutorily provided.
If so, to what bodies and under what procedures?
The applicant may appeal to the Administrative Appeals Board against the refusal. In case of an IEO import licence application, the applicant has a right to appeal to the Chief Executive of the HKSAR. The right to appeal to the Chief Executive is statutorily provided.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which importation may be made.
What documents are required upon actual importation?
A HCCO import permit and an IEO import licence are required at the time of actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Requirements under the Stockholm Convention and the Rotterdam Convention need to be observed.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A HCCO import permit is valid for not more than 12 months. The validity of a permit cannot be extended but the permit can be renewed on yearly basis. An IEO import licence is valid for six months from the date of issue. Extension of validity may be granted on application.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence and permit are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.