Plants

Basic information

1

Outline of the system

Customs and Excise Department of Brunei Darussalam has introduced Application Permit (A.P.) System only. This system is applicable for the importation and exportation on certain restricted items, under the provision of Section 28, Customs Enactment, 1984.

Other Agencies, such as Agriculture Department, Ministry of Industry and Prime Resources, Telecommunication Department and Religious Department have their own procedures, respectively to control the importation or exportation of restricted items.

Customs (Prohibition and Restriction on Imports and Exports) (Amendment) order.

2

Product coverage

Customs A.P. is applicable for the importation of plants.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

No, it has not restricted the quantity or value of imports.
The primary purpose is to safeguard health, national security and morals.
No alternative method. It is not required.

6

Questions for products under restriction as to the quantity or value of imports

Please see Answers 6.1-6.11.

7

The system applies to products originating from which country?

The system applies to goods imported from all countries.

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

Applicant should not be below 18 years of age.
Persons - be domiciled in Brunei - working in Brunei and have a business licence.

14

Is there a registration fee?

Fees - There is a fee for business licence registration. Customs A.P. is free of charge.

15

Is there a published list of authorized importers?

There is no published list of authorized importers.

Contact point for information on eligibility

16

Ministry/Authority

17

Address

18

Telephone

19

Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

Information required in applications: - A.P. form must be approved by the Controller of Customs; - to fill in Customs Import Declaration; - sales Invoice must be submitted together

25

What documents is the importer required to supply with the application?

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

Prior to the importation of goods.

27

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

28

Can a licence be granted immediately on request?

Yes for special reasons.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

Yes, it is possible.

30

Which administrative body is responsible for approving application of licences?

Customs Department

31

Must the applications be passed on to other organs for visa, note or approval?

32

Are there any other conditions attached to the issue of a licence?

Time period of not more than six months after the date of issuance.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

Customs A.P. is free of charge.

34

What is the amount of the fee or charge?

Customs A.P. is free of charge.

35

Is there any deposit or advance payment required associated with the issue of licences?

No advance payment is required.

36

Amount or rate?

No advance payment is required.

37

Is it refundable?

No advance payment is required.

38

What is the period of retention?

No advance payment is required.

39

What is the purpose of this requirement?

No advance payment is required.

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

An application for a permit may be refused if: - he has no business licence; - his firm has not been registered; - necessary supporting document is not attached with the application.

41

Are the reasons for any refusal given to applicants?

42

Have applicants a right of appeal in the event of refusal to issue a licence?

43

If so, to what bodies and under what procedures?

Importation

44

Are there any limitations as to the period of year during which importation may be made?

No.

45

What documents are required upon actual importation?

Invoices; customs import declarations.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Inspection by relevant authorities

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

Six months. The validity can be extended by submitting an application letter.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No, not transferable

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Yes.

51

Is a licence required as a condition to obtaining foreign exchange?

Yes.

52

Is foreign exchange always available to cover licences issued?

Yes.

53

What formalities must be fulfilled for obtaining the foreign exchange?

Formalities - Individual importer can contact his own local banker.

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)

6.1

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?

By the issuance of certificates

6.2

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?

Determined on a six-monthly basis; basically the A.P. is valid for a period of six months only.
Yes, it is necessary for importers to apply for a new A.P.

6.3

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)

A.P. is subject to a time limit of six months. If it is not used, after six months it will become void.
Yes, upon request.

6.4

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?

There is a time limit for submitting of applications for A.P.

6.5

What are the minimum and maximum lengths of time for processing applications?

Minimum length of time for processing applications is three working days;
Maximum length of time for processing applications is 10 working days.

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

There is no time limit.

6.7

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?

An application may be processed by one or two departments.
An importer has to approach at least two administrative organs.

6.8

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?

If the demand for permit cannot be fully satisfied, the details of past performance may be referred, especially if the accompanying documents are insufficient.

New importers are required to submit the following documentation: - business licence - to register their company names with the Customs Department - to register their authorised staff with the Customs Department for reference as required by section 81 of the Customs Enactment 1984.

6.9

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, it is not automatically approved.

6.11

Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

No.