Basic information
Outline of the system
Government licensing control was introduced in 1987, and administered by the MCIT and PE.
The power to bring goods under licence control rests with the Minister of Finance.
Product coverage
Oil lubricants
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
To protect a local company which was approved to operate a lubricating oil refining operation.
This company did not establish its operation and the reason why it is still under licensing control is
because of an existing dispute between the Government and the company.
Products under restriction as to the quantity or value of imports
No. Licences are issued to anyone who wants to import lubricating oil, and for the quantity
requested. No. The removal of licence control is awaiting the Court decision
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?
No discrimination on country of origin.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Government of Fiji Gazette or Legal Notice
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
No.
Is it possible for the government to abolish the system without legislative approval?
Yes, subject to the legal proceeding of the Court decision. Removal of licence control will
be effected through a legal notice approved by Cabinet.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
No - but firms register with the Registrar of Companies.
What persons or firms are eligible to apply for a licence?
Individual persons cannot apply.
Is there a registration fee?
No licence 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
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?
Particulars of applicant - name of company, amount, value and country of importation.
What documents is the importer required to supply with the application?
None - just a simple letter.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Generally two weeks before goods arrive.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
Yes, importers can apply for licences after goods have arrived. However, this is not encouraged.
Can licences 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?
MCIT and PE.
Must the applications be passed on to other organs for visa, note or approval?
MCIT and PE.
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?
Yes.
What is the amount of the fee or charge?
Not for import licence but for Customs, application for import of still is to be made to
Comptroller of Customs by letter, with technical details for the still. A fee of $F11 is chargeable for each licence. Import of still is subject to import licence at Item 5 to Schedule 5 of the Customs
(Prohibited Import/Export) Regulations 1986. A standard fee of $F5 per entry is chargeable on all
import or export entries.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Not applicable.
Is it refundable?
Not applicable.
What is the period of retention?
Not applicable.
What is the purpose of this requirement?
Not applicable.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Certain circumstances - for example, the business must be registered locally and legitimate.
Are the reasons for any refusal given to applicants?
The reasons for refusal are not given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
They can reapply to MCIT and PE. Current procedures allow them to reapply to the Ministry.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Import licence, Customs clearance - Bill of Sale.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
As stated in Reply 12, for Customs, application for import is to be made to the Comptroller of Customs by letter, with technical details for the still.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
- Three months. - Yes - by reapplying to MCIT and PE.
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?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Yes.
Is a licence required as a condition to obtaining foreign exchange?
No.
Is foreign exchange always available to cover licences issued?
Depends on whether the company has funds.
What formalities must be fulfilled for obtaining the foreign exchange?
Commercial banks have certain forms that need to be filled in and proof of funds needs to
be provided.
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 Legal Notice - Government of Fiji Gazette. - Not applicable. - Not restricted. - Amount applied for. - Reapply to MCIT and PE.
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?
No quotas. Licences are automatically granted, irrespective of the volume or source.
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)
- Lubricating oil - any kind of lubricating oil. - A copy is sent to Customs as a form of Customs Control.
- Quotas - not applicable. - No, because it is not restricted to any particular source.
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?
As and when applications are received, licences are granted.
What are the minimum and maximum lengths of time for processing applications?
One day.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Licences are effective from the date of issue.
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?
- Yes - MCIT and PE. - No. - No.
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?
First come, first served.
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?
- No. - Yes.
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?
Not available.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.