Basic information
Outline of the system
An import licensing system is maintained for the import control of Optical Disc Mastering and Replication Equipment from all countries.
Product coverage
The import licensing system applies to the import of optical disc mastering and replication equipment.
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 licensing system is not intended to restrict the quantity or the value of import, but to enforce a robust intellectual property rights regime in HKSAR and to prevent the use of optical disc mastering and replication equipment for copyright infringing activities.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import licensing system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
The import licensing system applies to optical disc mastering and replication equipment coming from any places outside HKSAR.
Expected duration of licensing procedure
The import licensing system is an ongoing requirement.
Legal requirements
Is the licensing statutorily required?
The licence requirement is statutory under the Import and Export Ordinance (Cap. 60).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not 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?
Any changes to the import 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 licence.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Customs and Excise Department
Address
Customs and Excise Department, Intellectual Property Investigation Bureau, Intellectual Property Intelligence and Licensing Division, 3/F, Customs Headquarters Building, 222 Java Road, North Point, Hong Kong
Telephone
(852) 2851 1625
Fax
(852) 2716 3261
E-mail address
N/A
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Customs and Excise Department
Documentation requirements
What information is required in applications?
An applicant for a licence is required to provide the Customs and Excise Department with particulars of the applicant or his company and the arrival details, etc. in the application.
What documents is the importer required to supply with the application?
Related supporting documents have to be provided. Sample of the application form is available at http://www.tid.gov.hk/english/aboutus/form/sampleform/files/tra187.pdf.
Online application for Import Licence for Optical Disc Mastering and Replication Equipment is also available through the Trade Single Window at https://www.tradesinglewindow.hk/portal/en/index.html.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for a licence shall be lodged in advance of importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There is no limitation of time during the year where application for licence can be made.
Issuing the license
Can a licence be granted immediately on request?
A licence 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
The issue of an import licence normally takes two working days.
Which administrative body is responsible for approving application of licences?
The Customs and Excise Department is the sole administrative organ responsible for the consideration of licence application.
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 issue of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No licensing fee or administrative charge 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 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?
Application for a licence will be approved provided the ordinary criteria are met.
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant may appeal to the Chief Executive of the HKSAR against the refusal. 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 Chief Executive of the HKSAR against the refusal. 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 is no limitation of time during the year where importation can be made.
What documents are required upon actual importation?
The import licence is the only document required upon actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The licence is valid only for six months from the date of issue. It may cover partial shipments within the 6-month period. Extension of validity may also 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 is 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.