Basic information
Outline of the system
This licensing system is a control measure undertaken in accordance with the Optical Disk Act and to safeguard intellectual property rights. Any applicants wishing to import "Optical Disk Manufacturing Equipment" shall apply for a "Certificate for Importation of Optical Disk Manufacturing Implements" to be issued in advance by the Bureau of Foreign Trade (BOFT). The Customs Administration may facilitate the customs clearance by checking only this certificate issued by the BOFT.
Product coverage
The products under this system are subject to non-automatic licensing, and they are: C.C.C. 8477.10.00.10-4, 8479.89.99.40-4, and 8480.71.00.10-5
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
The purpose for the issuance of an Import Clearance Certificate for optical disk manufacturing equipment is to prevent infringements of intellectual property rights. There is no other import procedure for these commodities that can be substituted to in order to avoid the delay encountered from this customs clearance procedure.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to goods originating in or coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Foreign Trade Act; Enforcement Rules of the Foreign Trade Act; Regulations Governing Import of Commodities; Regulations Governing Registration of Exporters and Importers; Optical Disk Act; Regulations Governing Export/Import of Optical Disk Manufacturing Implements
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?
Any company or business firm that engages in export/import business is eligible to register.
Is there a registration fee?
No registration fee is required.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Bureau of Foreign Trade, Ministry of Economic Affairs
Address
Telephone
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
An importer is required to submit the “Application for Importation of Optical Disk Manufacturing Implements”.
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?
No time requirement before importation is prescribed for acquisition of an import approval.
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 time restrictions for making applications.
Issuing the license
Can a licence be granted immediately on request?
If the application is in order, the certificate will be issued within one day.
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?
The applicant shall apply with the BOFT.
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 regarding the issuance of a licence besides those specified in the relevant import regulations.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There are no licensing fees or administrative charges.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no requirement for deposit or advance payment.
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?
The applicant will be notified electronically about any rejection.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of a rejection, the applicant has the legal right to appeal in accordance with the procedures stipulated by 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?
What documents are required upon actual importation?
During importation, only the "Certificate for Importation of Optical Disk Manufacturing Implements" and documents for customs clearance are required.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
None. However, if the imported goods are subject to quarantine or inspection, there is a quarantine or inspection procedures in addition to import licensing.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The is no time-limit on the "Certificate for Importation of Optical Disk Manufacturing Implements."
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of the certificate.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
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 imported goods.