Yellow-fin tuna, bluefin tuna, Southern bluefin tuna, swordfish, big-eye tuna, shark fins, toothfish, fry of Eriocheir sinensis

Basic information

1

Outline of the system

Import licensing for the products specified below is regulated by the "Notice of Application for Written Approval License to Import Yellow fin Tuna", "Notice of Application for Written Approval Licence to Import, Export and Re-export Bluefin Tuna", "Notice of Application for Written Approval Licence to Import, Export and Re-export Southern Bluefin Tuna", "Notice of Application for Written Approval Licence to Import, Export and Re-export Swordfish", "Notice of Application for Written Approval Licence to Import, Export and Re-export Big-eye Tuna", "Regulations for the Importation of Shark Fins", "Regulations for the Importation of Toothfish", "Regulations on the Importation of Fry of Eriocheir sinensis" and is administered by the Council of Agriculture. Before being allowed to import, importers must obtain written approval from the Fisheries Agency, Council of Agriculture.

2

Product coverage

The products under the System include yellow fin tuna (C.C.C. 0302.32.00.00-7; 0303.42.00.00 4), Bluefin Tuna (C.C.C. Code. 0301.94.00.00-3; 0302.35.00.00-4; 0303.45.00.00 1; 0304.49.90.11-4; 0304.59.90.11-1; 0304.87.00.10-7; 0304.99.90.21-1), Southern Bluefin Tuna (C.C.C. 0301.95.00.00-2; 0302.36.00.00-3; 0303.46.00.00-0; 0304.49.90.12-3; 0304.59.90.12-0; 0304.87.00.20-5; 0304.99.90.22-0), Swordfish (C.C.C. 0302.47.00.00-0; 0303.57.00.00-6; 0304.45.00.00-0; 0304.54.00.00-8; 0304.84.00.00-2; 0304.91.10.00-1; 0304.91.90.00-4), Big-eye Tuna (C.C.C. 0303.44.00.00-2; 0304.87.00.30-3; 0304.99.90.23-9), Shark Fin (C.C.C. 0302.92.00.00-4; 0302.99.20.10-1; 0302.99.90.20-4; 0303.92.00.00-3; 0303.99.20.10-0; 0303.99.90.20-3; 0305.71.10.00-4; 0305.71.20.00-2; 0305.71.30.00-0; 0305.72.00.10-3; 0305.79.00.10-6; 1604.18.00.10-6; 1604.18.00.20-4; 1604.18.00.90-9; 1604.19.40.10-7; 1604.19.40.20-5; 1604.19.40.90-0), and Toothfish (C.C.C. 0302.83.00.00-5; 0303.83.00.00-4; 0304.46.00.00-9; 0304.55.00.00-7; 0304.85.00.00-1; 0304.92.10.00-0; 0304.92.90.00-3; 0305.59.90.50-2; 0305.69.90.50-0; 1604.19.90.61-4; 1604.19.90.62-3; 1604.19.90.69-6), Fry of Eriocheir sinensis, fry (C.C.C. 0306.33.10.10-8).

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

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

The licensing system is non-automatic to protect human, animal or plant life and health; protect environment

5

Products under restriction as to the quantity or value of imports

The licensing system is intended to protect marine ecology.

6

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

Not applicable.

7

The system applies to products originating from which country?

The system applies to goods originating in and coming from all countries and customs territories, unless otherwise specified in the accession protocol of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu or the agreement on its terms of accession to the WTO.

8

Expected duration of licensing procedure

Ongoing

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?

The applicant shall be an importer.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

Fisheries Agency, Council of Agriculture, Executive Yuan

17

Address

No.1, Yugang N. 1st Rd., Quanzhen Dist., Kaohslung City 80672, Taiwan

18

Telephone

+886 2 2383 5742

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Fax

20

E-mail address

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Fisheries Agency, Council of Agriculture, Executive Yuan

Documentation requirements

24

What information is required in applications?

25

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

An application shall be supported by an application form, and accompanied by one photocopy of the applicant's company licence or business licence, and one photocopy of the foreign issued quotation form. Also required are an original copy of the catch document for bluefin tuna, the statistical document for bigeye tuna, swordfish and southern bluefin tuna, the certificate of origin for yellowfin tuna issued by the government of the flag country of the fishing vessel that harvested the product in the shipment, the copy of fishing license and gross tonnage certificate issued by the flag State concerned to the fishing vessel that catches the shark fins (such documents shall be attested by the relevant authorities, organizations or persons as stipulated in the "Regulations for the Importation of Shark Fins", enacted by the Fishery Agency, Council of Agriculture.), the transaction document confirming the foreign exporter purchasing he shark fins from the fishing vessel of such catch, the photocopy of the valid Dissostichus Export Document or Dissostichus Re-Export Document issued by the exporting country pursuant to relevant measures of the Commission for the Conservation of Antarctic Marine Living Resources for toothfish, the dioxin and polychlorinated biphenyls inspection reports issued by ISO17025 or CNAS-certified laboratories in the exporting country, information on farms and stocking register (inspection), and affidavit from the culture fishermen for fry of Eriocheir sinensis.

Window of submission of an application

26

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

Applications for an import approval may be filed on any workday.

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Applications for an import approval have no limitations as to the period of the year during which they may be submitted and approved.

Issuing the license

28

Can a licence be granted immediately on request?

Cannot be approved immediately as examination for Tuna and Swordfish requires six workdays, and for Shark Fin, Toothfish and Fry of Eriocheir sinensis requires fourteen workdays.

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?

Are considered and effected by one administrative body only.

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?

If importation is prohibited because of changes in domestic or foreign laws and regulations or it is not feasible, the approval document shall be null and void. Quarantine and other matters concerning the importation shall be governed by other applicable regulations.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

No fee is charged for applications.

34

What is the amount of the fee or charge?

35

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

No deposit or advance payment is required in association with the issuance of an approval.

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?

None.

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Are the reasons for any refusal given to applicants?

The reasons for any refusal are given to the applicant in writing.

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

In the event of refusal, by law, the applicant has a right to appeal by following the procedures provided by the law.

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?

45

What documents are required upon actual importation?

Upon actual importation, the import declaration must be checked and the import approval will be issued on the "Integrated Agriculture Permit and Customs Declaration Platform" of Council of Agriculture.

46

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

There are no other administrative procedures, apart from obtaining an approval document prior to importation.

Conditions of licensing

47

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

An approval is valid for three months. A new application shall be filed upon expiration.

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 an approval.

49

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

Approval documents are not transferable between importers.

Foreign Exchange

50

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

Foreign exchange is automatically provided by the banking authorities for goods to be imported.

51

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

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?