Basic information
Outline of the system
Under the Law of Georgia on Nuclear and Radiation Safety, it is forbidden to conduct nuclear and radiation activity without authorization granted by the Regulatory Body – LEPL Agency of Nuclear and Radiation Safety (ANRS) under the state supervision of the Ministry of Environmental Protection and Agriculture of Georgia. The same Law determines the "authorization" to include license and permission. Under the Law of Georgia on Licenses and Permits "import of radioactive materials, raw materials, from which nuclear materials can be obtained or produced, equipment containing radioactive substances, nuclear technologies and know-how, as well as export, import and transit of radioactive sources" is subject to permission, not a license.
The permit is as the right to perform a one-time act within the license of nuclear and radiation activity and is valid for maximum of one year. The only exception is the act related to the radiopharmaceuticals for medical purposes – in this case, the permit may be granted for performing repeated/several acts, but the time limit of one year remains applicable.
The permit on import may be granted to the licensees holding the license on the following activities:
o production, possession, temporary retention, use and sale of radioactive materials;
o using of a source of ionizing radiation for medical (therapeutic) purposes;
o using of radioactive substances (radiopharmaceuticals) for medical diagnosis;
o using of radioactive substances (radiopharmaceuticals) for medical treatment;
o using of a generator of ionizing radiation and/or radioactive substances for delivery of service;
o using of a source of ionizing radiation for industrial purposes;
o using of a source of ionizing radiation for research and education purposes.
Product coverage
Permit ANRS is statutorily determined to grant, covers:
- Radioactive materials;
- Raw materials, from which nuclear materials can be obtained or produced;
- Equipment containing radioactive substances;
- Nuclear technologies and know-how;
- Radioactive sources.
The system is the same for each product enlisted above.
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
Considering the type of goods, there is no interest in restricting the quantity and/or value. Georgian legislation complies with the International Atomic Energy Agency standards, principles and guides and there are no such recommendations as to restrict for any reason. However, since every activity related to the nuclear and radiation field shall be justified before the commencement, the applicants are obliged to give the reasons/grounds of the act they are intending to conduct. Justification means that the benefits outweigh the potential harm.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
There is no restriction regarding countries under the legislation under the Law of Georgia on Nuclear and Radiation Safety and the Law of Georgia on Licenses and Permits.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
There are two main laws that regulate permission granting process:
- Law of Georgia on Nuclear and Radiation Safety;
- Law of Georgia on Licenses and Permits.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
However, for the purposes of following the administrative procedures, ANRS is also obliged to meet the requirements provided for by the General Administrative Code of Georgia. Since those laws are adopted by the Parliament of Georgia, the Government does not enjoy the right to abolish and/or amend them in any form. Additionally, there is no discretion upon ANRS and/or any member of the executive authorities in this process.
Is it possible for the government to abolish the system without legislative approval?
However, for the purposes of following the administrative procedures, ANRS is also obliged to meet the requirements provided for by the General Administrative Code of Georgia. Since those laws are adopted by the Parliament of Georgia, the Government does not enjoy the right to abolish and/or amend them in any form. Additionally, there is no discretion upon ANRS and/or any member of the executive authorities in this process.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes, they are, since those permits are granted within the license already held by the applicant.
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
Documentation requirements
What information is required in applications?
The License of Nuclear and Radiation Activity -
(a) License of nuclear and radiation activity issued to the importer;
(b) information on the specifications of the radioactive materials to be transported and of the protective containers;
(c) ensuring the safety and physical protection of radioactive materials during transportation.
In case of import of nuclear material additionally the following conditions must be considered:
(a) fulfilment of the international obligations under Nuclear Non-proliferation Safeguards for nuclear materials to be received;
(b) transportation of nuclear materials in accordance with the international obligations under Nuclear Non-proliferation Safeguards.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
There is no such time range for applying, however, the applicant shall take into consideration that ANRS is allowed to make a decision on granting or not the permit up to 20 days period of time.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No, there are no such limitations.
Issuing the license
Can a licence be granted immediately on request?
There is no such statutory mechanism as immediate decision on request. The shortest period of time is 3 calendar days.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
There is no such time range for applying, however, the applicant shall take into consideration that ANRS is allowed to make a decision on granting or not the permit up to 20 days period of time. Apart from this general rule, under the Ordinance of the Government of Georgia, the applicant is allowed to apply for the shorter period of time amid paying additional fees. In particular, there are options of 3 or 10 calendar days.
Which administrative body is responsible for approving application of licences?
For nuclear materials, import permit is issued for – "import and export of radioactive materials, raw materials, from which a nuclear material can be obtained or produced, equipment containing radioactive substances, nuclear technologies or know-how, as well as export, import and transit of radioactive sources;" by the LEPL- Agency of Nuclear and Radiation Safety of the Ministry of Environmental Protection and Agriculture.
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?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Licensing fee
What is the amount of the fee or charge?
40 GEL
Is there any deposit or advance payment required associated with the issue of licences?
The documents submitted in order to get the permit from ANRS shall be accompanied with the proof of payment.
Amount or rate?
Is it refundable?
It is refundable in cases strictly determined under the Law of Georgia on License and Permit Fees. If the applicant applies for the accelerated procedure described above, the Ordinance of the Government of Georgia also enshrines provisions on refund.
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?
The reasons of refusal are strictly provided for by the Law of Georgia on License and Permits which are binding for ANRS to obey. Those reasons are as follows (Article 27):
A permit issuer shall not issue a permit if:
(a) the application and attached documents submitted by a permit applicant do not meet the requirements set by law, and the permit applicant fails to carry out corrective measures within the period defined by an administrative body;
(b) a permit applicant does not meet the permit conditions defined by law or by a local self-government representative body under law;
(c) a permit applicant has been deprived of the right to carry out an activity in the respective permitted area under a valid court judgment of guilty.'
Are the reasons for any refusal given to applicants?
ANRS is obliged to give the reasons of refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
The same Law gives the right to the applicant to appeal the decision of the permit issuer on refusing the permit before higher administrative organ (Ministry of Environmental Protection and Agriculture of Georgia, in case of ANRS decisions) or courts.
If so, to what bodies and under what procedures?
The same Law gives the right to the applicant to appeal the decision of the permit issuer on refusing the permit before higher administrative organ (Ministry of Environmental Protection and Agriculture of Georgia, in case of ANRS decisions) or courts.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The importer shall present the permit from ANRS and invoice to the customs officer.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No. The permit-holder is obliged to give a notice in ten days after import has been conducted.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity of a permit is one year. There is no such mechanism as extension. The applicant shall submit new request/application on granting another permit.
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?
Permit cannot be transferred between the importers, since it is granted to the specific importer with the indication of its credentials and other details.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The Permit fees shall be paid only in national currency.