Restrictive prohibition products*

Member: 

Basic information

1

Outline of the system

The import licensing system is governed by Decree No. 00-505/P-RM of 16 October 2000 on the regulation of foreign trade, Implementing Order No. 09-788 of 7 April 2009 and Interministerial Order No. 2015-1535/MIC/MEF-SG of 15 June 2015 establishing the list of prohibited imports and exports. The licensing system is administered by the Directorate-General of Trade, Consumer Affairs and Competition.

2

Product coverage

(b) The prohibition regime comprises:
- Absolute prohibition; and
- Restrictive prohibition.
(ii) Restrictive prohibition:
- medicines for human use: authorization from the ministry responsible for health;
- medicines for veterinary use: joint authorization from the ministries responsible for health and for livestock;
- meat other than that of bovine animals and game: presentation of a permit or a health certificate of origin;
- food additives: list to be drawn up by the ministry responsible for health;
- non-iodized salt not intended for human consumption: authorization from the ministry responsible for trade;
- cigarettes, tobacco and other tobacco products: authorization from the ministry responsible for trade;
- transit of cattle and importation of live animals other than bovine animals: presentation of an animal health certificate;
- animal semen: registration in the official national catalogue of the importing country and presentation of an animal health certificate;
- plants: presentation of a permit or a phytosanitary certificate of origin;
- plant seeds: presentation of a permit or certificate of origin;
- motor vehicles with a GVW of 3.5 tonnes or more: authorization from the relevant departments of the Ministry of Transport;
- ozone-depleting substances: list to be drawn up by the ministry responsible for the environment;
- dichlorodiphenyltrichloroethane (DDT): authorization from the relevant departments of the ministry responsible for the environment;
- cyanide: authorization from the relevant departments of the ministries responsible for mining and for health;
- arms and ammunition: authorization from the ministry responsible for defence;
- explosives and detonation equipment: authorization from the ministry responsible for defence and the relevant departments of the ministry responsible for mining;
- HF radios: authorization from the ministry responsible for defence;
- VHF radios: authorization from the ministry responsible for defence;
- UHF ground-to-air radios: authorization from the ministry responsible for defence;
- radio-relay stations: authorization from the ministry responsible for defence;
- satellite communication equipment: authorization from the ministry responsible for defence;
- electronic and electromagnetic jamming systems: authorization from the ministry responsible for defence;
- observation drones: authorization from the ministry responsible for security;
- ground surveillance radars: authorization from the ministry responsible for defence;
- air surveillance radars: authorization from the ministry responsible for defence;
- direction-finding systems: authorization from the ministry responsible for defence;
- electromagnetic wave capture systems: authorization from the ministry responsible for security;
- night vision binoculars and goggles: authorization from the ministry responsible for security;
- laser rangefinders: authorization from the ministry responsible for security;
- metal detectors: authorization from the ministry responsible for security;
- single-cab and double-cab pickup trucks with engines of six cylinders or more: authorization from the ministry responsible for security;
- portable magnetic detectors: authorization from the ministry responsible for security;
- demining kits: authorization from the ministry responsible for security;
- demining suits: authorization from the ministry responsible for security;
- electric and pyrotechnic detonators: authorization from the ministry responsible for security;
- detonating cords: authorization from the ministry responsible for security;
- safety fuses: authorization from the ministry responsible for security;
- fabrics, clothing and accessories for military use (fatigues and camouflage clothing): authorization from the ministry responsible for defence;
- spare parts for military equipment: authorization from the ministry responsible for defence;
- berets, hoods, hats, helmets, caps, kepis and other headgear for military use: authorization from the ministry responsible for defence.

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, the system of certificates of intention to import does not restrict either the quantity or the value of imports; its purpose is purely statistical. There are no particular alternative methods related to the import licensing system.

6

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

No products are under restriction as to the quantity or value of imports. See answers 6.1-6.11

7

The system applies to products originating from which country?

The system applies to goods originating in and coming 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?

Only approved natural or legal persons (i.e. those meeting the requirements under current regulations in this area, namely registration in the Trade and Personal Property Credit Register and possession of a valid import or import-export trading licence and a tax identification number) are authorized to engage in import operations.

14

Is there a registration fee?

15

Is there a 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?

A sample application form for certificates of intention to import is available from the Single Window and regional representative offices.

25

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

Applicants must attach a pro forma invoice to their application.

Window of submission of an application

26

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

There is no time limit for the submission of applications for certificates of intention to import. However, the certificate must be issued before the goods are shipped, for inspection purposes.

27

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 particular period of the year for the submission of applications for certificates of intention to import. Applications for certificates of intention to import may be submitted at any time of year.

Issuing the license

28

Can a licence be granted immediately on request?

In all cases, certificates of intention to import are issued automatically provided that the importer meets the necessary conditions and the products do not come under the prohibition regime.

29

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

30

Which administrative body is responsible for approving application of licences?

31

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

Importers may approach either the Directorate-General of Trade, Consumer Affairs and Competition (Single Window for Foreign Trade) or its regional representative offices.

32

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

No particular conditions are attached to the issue of a certificate of intention to import.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

Yes.

34

What is the amount of the fee or charge?

The importer pays 0.75% of the f.o.b. value as a contribution to the Import Inspection Programme.

35

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

No deposit or advance payment is required for the issue of a certificate of intention to import.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

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

41

Are the reasons for any refusal given to applicants?

Reasons for refusal are stated directly on the application filed by the applicant.

42

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

In the event of a refusal, the applicant is free to appeal the decision before any competent body

43

If so, to what bodies and under what procedures?

Notably the Trade Tribunal

Importation

44

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

45

What documents are required upon actual importation?

The documents required upon actual importation are:
- a certificate of intention to import;
- a declaration for home use;
- a definitive invoice or bill of lading/airway bill;
- a preshipment inspection certificate from the inspection company in cases where the f.o.b. value of the goods is CFAF 3,000,000 or more.

46

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

No administrative procedures are required prior to importation once the certificate of intention to import has been obtained.

Conditions of licensing

47

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

The period of validity of a certificate of intention to import is twelve (12) months from the date on which it is registered with the Directorate-General of Trade, Consumer Affairs and Competition. It may be extended for a further six (6) months at the importer's request. All extension requests must be submitted to the Directorate-General of Trade, Consumer Affairs and Competition before the expiry of the original period of validity. A certificate of intention to import may only be extended once. A special extension of a maximum period of one (1) month may, however, be granted to allow for financial transfers to suppliers.

48

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 a certificate of intention to import or a portion thereof.

49

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

Certificates of intention to import are personal and cannot be transferred.

Foreign Exchange

50

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

For goods that are to be imported, foreign exchange is transferred from the client's bank to the supplier's bank (payment by bank transfer).

51

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

Foreign exchange may be obtained without an import licence (certificate of intention to import) for other payments not concerning imported goods.

52

Is foreign exchange always available to cover licences issued?

Foreign exchange is always available for any licence (certificate of intention to import) issued.

53

What formalities must be fulfilled for obtaining the foreign exchange?

In order to obtain foreign exchange, it is necessary to contact a financial and/or banking institution and any authorized intermediary or the Postal Administration. This leads to the establishment of an "exchange authorization" form, which has to be endorsed by the intermediary responsible for payment.

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?

There are no product quotas. Information concerning formalities for filing applications for licences (certificates of intention to import) appears in the texts mentioned in point 5(iii) and in Mali's Commercial Code. There are no exemptions from these formalities.

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?

There are no quotas.

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)

Licences (certificates of intention to import) are issued to all importers regardless of whether or not they are producers of like goods. Given that there are no quotas, importers are free to use their certificates of intention to import as they wish. The certificates are issued individually. The list of certificate holders is not published in the Official Journal.

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 are no quotas; certificates of intention to import are issued automatically.

6.5

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

Certificates of intention to import are issued automatically within 24 hours of the application being filed.

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 minimum length of time in respect of certificates of intention to import. Once granted, they may be applied immediately.

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?

Applications for certificates of intention to import are registered by the Directorate-General of Trade, Consumer Affairs and Competition (Single Window for Foreign Trade).

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?

The demand for certificates of intention to import is fully satisfied. Applications are examined upon receipt on a first come, first served basis, provided that all of the necessary conditions are met.

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?

Not applicable.

6.10

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.

6.11

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

Yes, and in the case of products manufactured by free zone enterprises.