Basic information
Outline of the system
The METI shall designate and publish a list of items of goods for which import approval must be obtained, to comply with Article 3 of the Import Trade Control Order. A person wishing to import an item published in the above-mentioned list shall be subject to import approval for imports provided for in Article 4.
The list of items shall be made public by the METI in the Official Gazette, the Official Bulletin of Economy, Trade and Industry and International Trade Bulletin.
Product coverage
Approvals are required for:
(1) Controlled substances listed in Annexes A, B, C, Group I, Group II, Group III, D, E of the Montreal Protocol on Substances that Deplete the Ozone Layer coming from non-members of the Montreal Protocol on Substances that Deplete the Ozone Layer.
(2) Specified hazardous wastes in item 1 of Section 2 of the Law for the Control of the Export and Import of Specified Hazardous Wastes and Other Wastes.
(3) Wastes in item 1 of Section 2 of the Waste Management and Public Cleansing Law (except for wastes produced from ship or aircraft navigation in Article 4.2 and for a person who enters Japan carrying wastes) .
(4) Specified products in item 3 of Section 2 of the Law on the Prohibition of Chemical Weapons and Regulation.
(5) The chemical substances specified in item 5 of Section 2 of the Law on the Prohibition of Chemical Weapons and Regulation.
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 approval system is not intended to restrict the quantity or value of imports. It exists to perform the functions of the Montreal Protocol on Substances that Deplete the Ozone Layer, the Basel Convention on the Control of Movements of Hazardous Wastes and Their Disposal, Waste Disposal and the Public Cleansing Law, the Law on the Prohibition of Chemical Weapons and the Regulation of Specific Chemicals.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
(1) The approval system applies to paragraph 2(1) with regard to that coming from all countries excluding members of the Montreal Protocol on Substances that Deplete the Ozone Layer.
(2) The approval system applies to paragraphs 2(2) to 2(4) with regard to that coming from all countries.
(3) The approval system applies to paragraph 2(5) with regard to that coming from all countries excluding members of the Chemical Weapons Convention.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The approval system is a statutory requirement of Article 4.1(2) of the Import Trade Control Order.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation leaves the designation of products subject to licensing up to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is possible for the Government to abolish the system 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?
All persons, firm or institution which fulfils the legal requirements are equally eligible to apply for and obtain import approval.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Economy, Trade and Industry METI
Documentation requirements
What information is required in applications?
An application and state of reason for import license should be submitted to the METI.
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?
An importer shall apply for import approval, in advance of importation, taking into consideration around two weeks of 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
Importers may apply for import approval in any time of the year.
Issuing the license
Can a licence be granted immediately on request?
Examination needs sufficient time, therefore, an approval cannot 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 items subject to import approval cannot be imported without a certificate of import approval. An importer shall apply for import approval, in advance of importation, taking into consideration around two weeks of the processing time.
Which administrative body is responsible for approving application of licences?
Applications for import approval are considered only by the METI.
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?
In principle, there are no other conditions attached to the issue of a licence
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge for a permit.
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 in connection with the issuance of permits.
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 shall be refused if the standard criteria (e.g. the period of application, the eligibility of application, the documentation for application) comply with the procedures; however, in principle, approval shall not be given to the items listed in 2(1) and 2(5) .
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
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?
Importers may apply for import approval in any time of the year.
What documents are required upon actual importation?
A current certificate of import approval by the METI is required 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 administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A license is valid for six months from the date of issue. The METI may designate a validity term different from this or extend the validity as required by certain circumstances.
An applicant has to approach customs bureau in the case of an application for extension of less than two months of validity, and in the case of more than two months, to the METI.
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 licence or a portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences may not be transferred.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no foreign exchange controls.