Basic information
Outline of the system
The Minister of Economy, Trade and Industry (hereinafter referred to as “METI”) shall designate and publish a list of items of goods for which allocations of import quota are required in accordance with Article 3 of the Import Trade Control Order. Importers of the items set out in the list shall be approved to import them by the METI according to Article 4 of the Order. The approval of import shall not be granted until importers apply for and obtain allocations of import quota in accordance with Article 9 of the order.
The list of import quota items shall be made public by the METI in the Official Gazette, the Official Bulletin of Economy, Trade and Industry and the International Trade Bulletin.
Product coverage
Approvals are required for controlled substances listed in: Annex A, Group I (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose); Annex A, Group II (excluding Import approval items in Substances which Deplete the Ozone Layer, and those used as raw materials for producing other substances); Annex B (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose); Annex C, Group I (excluding Import approval items in Substances which Deplete the Ozone Layer and those used as raw materials for producing other substances); Annex C, Group II (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose); Annex C, Group III (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances and those used for laboratory and analytical purpose ); Annex E (excluding Import approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances, those used for laboratory and analytical purpose and those used for the quarantine of the export or import of cargo); and Annex F (excluding Import Approval items in Substances which Deplete the Ozone Layer, those used as raw materials for producing other substances) of 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
Products under restriction as to the quantity or value of imports
In principle, the permit system shall be intended to restrict the quantity of imports. The approval system shall function to perform the duty of the Montreal Protocol. A certificate for an import quota shall be issued for transactions that are made based on the control of a treaty.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
The approval system applies to products coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The permit system is a statutory requirement of Article 4.1(1) and Article 9.1 of the Import Trade Control Order. The controlled items shall be published as an Import Notice in the Official Gazette.
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 would be possible for the Government to abolish the system without legislative approval. See reply of propellant powders section.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
There is no other registration system.
What persons or firms are eligible to apply for a licence?
Only a person who carries out transactions that are made based on the control of a treaty is eligible to apply for an import quota.
The eligibility for an import quota comes under any one of the above.
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 for import quota allocation should be submitted to the METI.
What documents is the importer required to supply with the application?
Another requirement is a certificate demonstrating that an applicant meets the application criteria.
Window 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?
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.
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?
Not applicable
What documents are required upon actual importation?
A current certificate of import approval by the METI, which are issued on the certificate for an import quota issued 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.
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?
The information about an import quota's application shall be published in the Official Bulletin of Economy, Trade and Industry and the International Trade Bulletin. The total amount is not published.
An application for import licensing is not necessary, in cases where the value of a cargo should be estimated below Yen 180,000 and should be of no-commercial value. In these cases, a declaration shall be sent to customs, and a confirmation shall be received from the customs bureau.
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 quota shall be determined based on the performance according to the Protocol. The amount of an import quota shall be determined on an one-year basis. In principle, for one import quota application procedure, an application shall be made once only, and the certificate for an import quota is issued based on this application. If several applications are made, several certificates based on these applications can be issued.
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)
Licensed products shall be restricted quantitatively, which performs the duty of the Protocol. A certificate for an import quota shall be issued to a person who has been through the procedure based on the performance according to the objectives of the treaty.
Whether a certificate of import quota is actually used for imports or not is confirmed by the report of importation which importers are obliged to submit.
In principle, unused allocations are not added to quotas for a succeeding period as the allocation is determined based on the forecast of domestic supply and demand. However, as an exception, it shall be allowed, only on condition that an importer has no responsibility for the cause of unused allocations, or that prohibition from the exporter's side leads to unused allocation, etc.
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?
Publication of the information concerning procedures shall take place at least 21 days prior to the first day of accepting applications.
What are the minimum and maximum lengths of time for processing applications?
After receipt of an application of import quota, the METI shall process it as quickly as possible. It would take about 3 weeks to carry out the process required by the METI.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
An application for an import quota shall be made prior to the import declaration. After issuance of the certificate of import quota by the METI, with the certificate of import approval issued by the METI, it would be possible for an importer to declare an import anytime, even on the very day of the issuance of the certificate of import quota.
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?
Consideration of an import quota application shall be carried out only by the METI.
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?
When the scale of an import quota application is within the limit of the size of a quota calculated by every application factor, the demand for licences can be fully satisfied. Applications are examined on receipt.
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?
Not applicable.