Basic information
Outline of the system
Import licences issued by the Agriculture, Fisheries and Conservation Department under the Conservation of Antarctic Marine Living Resources (Toothfish Catch Documentation Scheme) Regulation (Cap. 635A) are required for the import of toothfish items.
Product coverage
The import of toothfish, including Antarctic toothfish (Dissostichus mawsoni) and Patagonian toothfish (Dissostichus eleginoides), is subject to licensing control. Import licences issued by the Agriculture, Fisheries and Conservation Department are required for the import of toothfish items, including live or dead toothfish, and any flesh or other part (whether raw, or in any way processed or preserved) of any toothfish.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)
Products under restriction as to the quantity or value of imports
The import licensing system is not intended to restrict the quantity or value of imports. It is a statutory requirement maintained under the Conservation of Antarctic Marine Living Resources (Toothfish Catch Documentation Scheme) Regulation (Cap. 635A) for the implementation of Conservation Measure 10-05 under the Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention) particularly for the tracking of harvested toothfish from the point of landing throughout the trade cycle with a view to protecting toothfish from illegal, unreported and unregulated fishing internationally.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import licensing system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
The import licensing requirements apply to toothfish items originating in and coming from all places outside HKSAR.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The Conservation of Antarctic Marine Living Resources Ordinance (Cap. 635) is the domestic legislation which gives effect to the CAMLR Convention. Under the Ordinance, the Conservation of Antarctic Marine Living Resources (Toothfish Catch Documentation Scheme) Regulation (Cap. 635A) has been made to provide the legal basis for maintaining the import licensing system.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Any enactment or changes to the licensing regulation require 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?
Any person, company or institution can apply for a licence.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Agriculture, Fisheries and Conservation Department
Address
8/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon
Telephone
852-21506634
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Agriculture, Fisheries and Conservation Department
Documentation requirements
What information is required in applications?
The application form and the application guidelines which summarized the required information are available at https://www.afcd.gov.hk/english/fisheries/CCAMLR/TF_Lic/tf_lic_main.html.
What documents is the importer required to supply with the application?
The application form and the application guidelines which summarized the required information are available at https://www.afcd.gov.hk/english/fisheries/CCAMLR/TF_Lic/tf_lic_main.html.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for import licences should be lodged in advance of importation taking into account the processing time required by the Agriculture, Fisheries and Conservation Department, which is normally five working days after receipt of all necessary information and documents. (For applications submitted by post, an extra 3 to 5 working days may be required).
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 and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
Normally an import licence cannot be granted immediately upon request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The issue of a licence, however, is not automatic and shipment should not be effected unless and until a licence has been issued.
Which administrative body is responsible for approving application of licences?
Agriculture, Fisheries and Conservation Department is the sole authority to grant an import licence for toothfish items.
Must the applications be passed on to other organs for visa, note or approval?
Nevertheless, all applications for import licences must be supported by valid convention documents such as Dissostichus Export Document (DED) or Dissostichus Re-export Document (DRED) issued by the Export States in accordance with the CAMLR Convention.
Are there any other conditions attached to the issue of a licence?
Standard conditions, including the validity period, coverage of imported items and the requirements of inspection of the shipment by authorized officers, are applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The application fee for an import licence is HK$375.
What is the amount of the fee or charge?
The application fee for an import licence is HK$375.
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?
Licensing policy is based on the latest requirements of the relevant conservation measures under the CAMLR Convention. Normally an application for a licence will not be refused if the ordinary criteria are met.
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?
Any applicant may appeal.
If so, to what bodies and under what procedures?
Any applicant aggrieved by a decision of the Director of Agriculture, Fisheries and Conservation relating to refusal of an application, cancellation of a licence or attachment of any condition to a licence may appeal to the Administrative Appeals Board.
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 application for licence and/or importation may be made.
What documents are required upon actual importation?
Import licence issued by the Agriculture, Fisheries and Conservation Department is required upon actual importation. The toothfish items being imported must also be covered by valid convention documents (e.g. DED or DRED) issued in accordance with the CAMLR Convention.
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 licence is normally valid for 180 days from the date of approval.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization. Any unused licence however should be returned on expiry.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licences are 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.