Basic information
Outline of the system
Import licences/certificates are required for import of pesticides. These import measures are applied for health reasons. The licensing system is primarily operated by the Trade and Industry Department. Import licences for pesticides (strictly for quarantine and pre-shipment cargo treatment) containing methyl bromide, an ozone depleting substance, are issued by the Trade and Industry Department.
Product coverage
The import licensing/certification system of pesticides containing methyl bromide are banned unless such imports are allowed under the Montreal Protocol on Substances that Deplete the Ozone Layer.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
The principal objective of the import licensing/certification is to protect public health.
Products under restriction as to the quantity or value of imports
The principal objective of the import licensing/certification system is not to restrict the quantity or value of imports, but to protect public health.
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 import licensing/certification system applies to products coming from all places.
Expected duration of licensing procedure
The import licensing system is an ongoing requirement.
Legal requirements
Is the licensing statutorily required?
The import licensing/certification system is a statutory requirement maintained under Pesticides Ordinance (Cap. 133), Import and Export (General) Regulations (Cap. 60A) and 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 product to be subject to licensing/certification to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import licensing/certification system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
For pesticides (methyl bromide), a company is required to hold a pesticides permit issued by the Agriculture, Fisheries and Conservation Department before it can apply for an import licence except where the pesticide is being imported on a valid through bill of lading. If imported on such a bill of lading, no pesticides permit is required.
What persons or firms are eligible to apply for a licence?
Application for a pesticides permit is open to all business enterprises wishing to deal in pesticides.
Is there a registration fee?
A fee is charged for the permit, which may range from HK$985 to HK$1,650 depending on the type of permit.
Is there a published list of authorized importers?
There is no published list of permitted importers.
Contact point for information on eligibility
Ministry/Authority
Trade and Industry Department
Address
Rough Diamonds and Ozone Depleting Substances Licensing Unit, Room 1604, 16/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong
Telephone
(852) 2398 5560
Fax
(852) 2380 8504
E-mail address
N/A
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Trade and Industry Department
Documentation requirements
What information is required in applications?
In general, information to be supplied includes particulars of the importer, of the importation and of the products to be imported. Samples of the Import Licence Form 3 applicable to pesticides can be downloaded at:
https://www.tid.gov.hk/english/aboutus/form/sampleform/forms_maincontent....
What documents is the importer required to supply with the application?
Certain documents are also required to support licence/certificate applications of pesticides (methyl bromide). A pesticides permit issued by the Agriculture, Fisheries and Conservation Department authorizing the importer to trade in pesticides or a valid through bill of lading.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for import licences/certificates should be lodged in advance of importation taking into account the processing time.
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 limitations as to the period of the year during which application for licence/certificate may be made.
Issuing the license
Can a licence be granted immediately on request?
In exceptional cases, a licence can be granted immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The processing time is two clear working days for methyl bromide.
Which administrative body is responsible for approving application of licences?
The Trade and Industry Department is the sole administrative organ for the processing and approval of import licences/certificates.
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?
The licensing/certification conditions are printed on the front or back of the import licence/certificate. Samples of the Import Licence Form 3 can be downloaded at:
https://www.tid.gov.hk/english/aboutus/form/sampleform/forms_maincontent....
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No licensing fee fee or administrative charge is required for import licence applications.
What is the amount of the fee or charge?
For pesticides, the price of non-textiles import licence forms is HK$19 per pad (containing 20 sets)/HK$3 per set.
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?
Under normal circumstances, an application for an import licence/certificate is usually granted if it meets the ordinary criteria.
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?
Applicants for pesticides may appeal to the Chief Executive of the HKSAR in the event of refusal to issue an import licence/certificates. The Chief Executive may confirm, vary or reverse the decision of the Director-General of Trade and Industry.
If so, to what bodies and under what procedures?
The right to appeal to the Chief Executive is provided in relevant statutes.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which importation may be made.
What documents are required upon actual importation?
The import licence is the only document required on 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?
Unless otherwise stated, an import licence is valid for 60 days for pesticides (methyl bromide). The period of validity can be extended by the Director General of Trade and Industry depending on the merits of individual requests.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization. Importers should however cancel or amend the licences/certificates.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence/certificate 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.