Basic information
Outline of the system
An import license is required for the import of ozone-depleting substances. Import controls are governed by Decree-Law No.62/95/M and are primarily exercised by the Economic and Technological Development Bureau in accordance with Chief Executive Decision No.46/2022.
Product coverage
This licensing system covers all goods specified in the referred Decree-Law and Chief Executive's Decision No.45/2022.
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
As a contracting party, the Macao SAR authorities are required to abide by the obligations set out in the Montreal Protocol. For this reason, the quantitative limits agreed in the Protocol are imposed on the import of such substances.
Questions for products under restriction as to the quantity or value of imports
Import of ozone-depleting substances is subject to quantitative restrictions in the form of an overall limit monitored by the Environmental Protection Bureau (DSPA - Direcção dos Serviços de Protecção Ambiental). With regards to quota allocation to individual importers, 60% is based on their past performance and the remaining 40% is allocated equally among importers who have submitted explicit requisitions.
See answers 6.1-6.11
The system applies to products originating from which country?
This licensing system applies to the goods or products in the above-mentioned legislations originating in or coming from contracting parties to the Montreal Protocol. Importation of ozone-depleting substances from non-parties to the Montreal Protocol is strictly prohibited.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Licensing for ozone-depleting substances is a statutory requirement maintained under Decree-Law No.62/95/M.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave the designation of products to be subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Legislative approval is required before any changes could be made to the existing system.
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?
Importers who comply with Article 11 of Law No.7/2003, amended by Law No.3/2016, are eligible to apply for licenses.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Economic and Technological Development Bureau
Address
Rua Dr. Pedro José Lobo, 1-3, Luso International Bank Building, 2/F., Macao, China
Telephone
(853) 8597 2281
Fax
(853) 2871 2551
Contact officer
Mr. Tai Kin Ip (Director)
Submission of an application
Administrative body(ies) for submission of an application
Economic and Technological Development Bureau
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
Application forms for licenses should first be submitted to the Environmental Protection Bureau for opinions. Then the application, with the attached opinions, is forwarded to the Economic and Technological Development Bureau for approval. A sample of the import license application form is attached in Annex C.
Annex C - Specimen of Licensing document for Group III, IV, V and VI.pdfWindow of submission of an application
How far in advance of importation must application for a licence be made?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No administrative fee is charged for issuance of import licenses.
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?
No application will be refused if the ordinary criteria are met, subject to the availability of quota allocated to the applicant.
Are the reasons for any refusal given to applicants?
The applicant will be informed of the relevant reasons.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes the applicant has the right to appeal.
If so, to what bodies and under what procedures?
In circumstances where a license application is not accepted, the applicant has the right to appeal to the the Economic and Technological Development Bureau.
Importation
Are there any limitations as to the period of year during which importation may be made?
Not applicable.
What documents are required upon actual importation?
Only valid import licenses have to be presented 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 procedural requirements.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity of a license expires in 30 days from the day of issuance and cannot be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilisation of an import license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licenses are neither transferable nor negotiable among importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no foreign exchange controls.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
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 concerning the annual quotas and their allocation is gazetted as Chief Executive's Decision No.46/2022 in Macao SAR Official Bulletin dated 21 March 2022.
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?
The size of the quota is determined in accordance with the provisions in the Montreal Protocol.
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)
To ensure that licenses issued are actually used for imports, the Economic and Technological Development Bureau is confirmed and apprised by the Customs Service of the actual quantities imported.
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?
The submission of applications for licenses may be made at any time.
What are the minimum and maximum lengths of time for processing applications?
All applications are processed within six working days from the day all necessary documents are received.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Not applicable.
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?
Two authorities, namely the Environmental Protection Bureau and the Economic and Technological Development Bureau, are involved in the processing of license applications. Application for licenses should first be submitted to the Environmental Protection Bureau for opinions. Then the application, with the attached opinions if any, is forwarded to the Economic and Technological Development Bureau for approval. Licenses are issued by the Economic and Technological Development Bureau.
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?
Not applicable.
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?
Not applicable.
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 applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.