RESTRICTED
GENERAL AGREEMENT
L/5640/Rev.114 April 1995
ON TARIFFS AND TRADE
Limited Distribution(95-0807)
IMPORT LICENSING PROCEDURES
Status of Notifications under GATT Procedures
Note by the Secretariat
Revision
The CONTRACTING PARTIES at their, at their twenty-eighth session in November 1972, decided, inter alia, that the data assembled on licensing systems should be kept up-to-date and that contracting parties should be invited to notify annually, by 30 September, any changes which should be made concerning the information on their licensing systems (see SR.28/6 and L/3756, paragraph 76).
In paragraph 2 of the Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance adopted on 28 November 1979 (BISD 26S/210), the CONTRACTING PARTIES reaffirmed this commitment to existing obligations under the General Agreement regarding publication and notification. At its meeting of 26 March 1980, the Council invited contracting parties to submit notifications according to the calendar referred to in Annex III of C/111 (C/M/139, page 12).
Every year, contracting parties are invited to communicate to the Secretariat, by 30 September, any data on their licensing systems necessary to bring up-to-date their individual country data. The questionnaire used in this connection, which was originally circulated as L/3515, is reproduced in the Annex to the present document.
Documents containing the latest notifications made in accordance with these procedures are listed below. Up to the end of 1980, they were circulated as addenda or corrigenda to a document with the dual symbol COM.IND/W/55-COM.AG/W/72. These are listed in this document simply as "Add..." or "Corr...". From the beginning of 1981, all such notifications have been issued in the L/- series. Since 1984, they have been issued as addenda to the present series of documents (L/5640/Add...) in order to facilitate reference.
REPLIES TO QUESTIONNAIRE BY CONTRACTING PARTIES
|
Contracting Party |
Document Reference |
Date of Latest Notification |
|
Angola |
- |
- |
|
Antigua and Barbuda |
- |
- |
|
Argentina |
L/5640/Add.27/Rev.1 |
1994 |
|
Australia1 |
L/5640/Add.13/Rev.8 |
1994 |
|
Austria1 |
L/5640/Add.35/Rev.2 |
1994 |
|
Bahrain |
- |
- |
|
Bangladesh |
L/5606 |
1984 |
|
Barbados |
Add.70 |
1980 |
|
Belize |
- |
- |
|
Benin |
- |
- |
|
Bolivia1 |
L/5640/Add.51 and Corr.1 |
1993 |
|
Botswana |
- |
- |
|
Brazil |
L/5640/Add.54 |
1994 |
|
Brunei Darussalam |
- |
- |
|
Burkina Faso |
Add.37 |
1971 |
|
Burundi |
Add.3 |
1971 |
|
Cameroon |
L/5640/Add.50 |
1992 |
|
Canada1 |
L/5640/Add.10/Rev.5 |
1993 |
|
Central African Rep. |
- |
- |
|
Chad |
Add.4 |
1971 |
|
Chile1 |
L/5640/Add.8/Rev.1 and Suppl.4 |
1991 |
|
Colombia |
L/5640/Add.44 |
1989 |
|
Congo |
- |
- |
|
Costa Rica |
- |
- |
|
Côte d'Ivoire |
Add.10 |
1971 |
|
Cuba |
Add.52 |
1972 |
|
Cyprus |
L/5640/Add.53 |
1994 |
|
Czech Republic1 |
L/5640/Add.38/Rev.1 |
1992 |
|
Djibouti |
- |
- |
|
Dominica |
- |
- |
|
Dominican Republic |
L/5640/Add.24 |
1985 |
|
Egypt |
L/5640/Add.37 and Corr.1 |
1986 |
|
El Salvador |
- |
- |
|
European Communities and member States1 |
L/5640/Add.21/Rev.1 (EC Commission, France, Germany, Greece, United Kingdom) and Suppl.1 (Denmark, Italy), Suppl.2 (Germany, EC Commission, United Kingdom) and Suppl.3 (Portugal and Spain) L/5640/Add.21/Rev.2 (Benelux Economic Union) and Suppl.1 (Portugal) and Suppl.2 (Spain) |
1985 1985 1986 1988 1989 1991 and 1991 |
|
Fiji |
- |
- |
|
Finland1 |
L/5640/Add.6/Rev.3 |
1993 |
|
Gabon |
Add.8 |
1971 |
|
Gambia |
- |
- |
|
Ghana |
- |
- |
|
Grenada |
- |
- |
|
Guatemala |
- |
- |
|
Guinea Bissau |
- |
- |
|
Guinea, Rep. of |
- |
- |
|
Guyana |
L/5640/Add.45 |
1991 |
|
Haiti |
- |
- |
|
Honduras |
- |
- |
|
Hong Kong1 |
L/5640/Add.36/Rev.8 |
1994 |
|
Hungary1 |
L/5640/Add.12/Rev.1 and Suppl.1-2 |
1990 |
|
Iceland |
Add.43 |
1971 |
|
India1 |
L/5640/Add.7/Rev.6 and Corr.1 |
1994 |
|
Indonesia |
- |
- |
|
Israel |
Add.33 |
1971 |
|
Jamaica |
L/5640/Add.16 |
1985 |
|
Japan1 |
L/5168, L/5640/Add.28 and Suppl.1 and Corr.1 |
1989 |
|
Kenya |
Add.34/Rev.1 |
1972 |
|
Korea, Rep. of |
L/5640/Add.49 |
1972 |
|
Kuwait |
Add.40 |
1971 |
|
Lesotho |
L/5640/Add.52 |
1993 |
|
Liechtenstein |
- |
- |
|
Macau |
- |
- |
|
Madagascar |
Add.57 |
1976 |
|
Malawi |
L/5640/Add.1 and Suppl.1 |
1986 |
|
Malaysia |
- |
- |
|
Maldives |
- |
- |
|
Mali |
- |
- |
|
Malta |
L/5640/Add.48/Rev.1 |
1994 |
|
Mauritania |
- |
- |
|
Mauritius |
- |
- |
|
Mexico |
L/5640/Add.41 and Corr.1 |
1987 |
|
Morocco |
- |
- |
|
Mozambique |
- |
- |
|
Myanmar |
- |
- |
|
Namibia |
- |
- |
|
New Zealand1 |
L/5640/Add.18/Rev.3 |
1993 |
|
Nicaragua |
- |
- |
|
Niger |
- |
- |
|
Nigeria1 |
L/5438 |
1982 |
|
Norway1 |
L/5640/Add.2/Rev.4/Suppl.1 |
1994 |
|
Pakistan1 |
L/5640/Add.25 and Suppl.1 |
1986 |
|
Papua New Guinea |
- |
- |
|
Paraguay |
- |
- |
|
Peru |
L/5640/Add.34/Rev.2 and Suppl.1 |
1994 |
|
Philippines1 |
L/5640/Add.26/Rev.4 |
1993 |
|
Poland1 |
L/5640/Add.39/Rev.1 |
1988 |
|
Qatar |
- |
- |
|
Romania1 |
L/5640/Add.32/Rev.2 |
1993 |
|
Rwanda |
Add.15 |
1971 |
|
Saint Kitts and Nevis |
- |
- |
|
Saint Lucia |
- |
- |
|
Saint Vincent and the Grenadines |
- |
- |
|
Senegal |
- |
- |
|
Sierra Leone |
Add.19 |
1971 |
|
Singapore |
L/5640/Add.33/Rev.2 |
1990 |
|
Slovak Republic1 |
L/5640/Add.38/Rev.1 |
1992 |
|
Slovenia1 |
- |
- |
|
Solomon Islands |
- |
- |
|
South Africa1 |
L/5640/Add.17/Rev.4 and Suppl.2 |
1994 |
|
Sri Lanka |
L/5640/Add.46 |
1991 |
|
Suriname |
- |
- |
|
Swaziland |
- |
- |
|
Sweden1 |
L/5640/Add.14/Rev.6 |
1994 |
|
Switzerland1 |
L/5640/Add.19/Rev.1 and Suppl.3 |
1993 |
|
Tanzania |
- |
- |
|
Thailand |
L/5640/Add.43 |
1988 |
|
Togo |
- |
- |
|
Trinidad and Tobago |
- |
- |
|
Tunisia |
Add.20 and Corr.1 |
1976 |
|
Turkey |
L/5640/Add.29/Rev.5 and Suppl.2 |
1994 |
|
Uganda |
- |
- |
|
United Arab Emirates |
- |
- |
|
United States |
L/5640/Add.40/Rev.4 |
1994 |
|
Uruguay |
L/5640/Add.11/Rev.1 |
1987 |
|
Venezuela |
- |
- |
|
Zaire |
Add.53 |
1972 |
|
Zambia |
L/5640/Add.31 |
1986 |
|
Zimbabwe |
L/5640/Add.47 |
1991 |
ANNEX
QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
The present questionnaire is designed to elicit information on import licensing and similar administrative procedures maintained in and applied to the customs territories to which GATT applies. If different procedures or methods of licensing or similar administrative procedures are applied to different categories of products, to different countries of supply or to different modes of importation, they should be separately described in respect of each question as relevant.
Outline of systems
1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Purposes and coverage of licensing
2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
3. The system applies to goods originating in and coming from which countries?
4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Procedures
6. 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):
I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer?
II. How is the size of the quotas determined: on a 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 fresh licence on a six-monthly or quarterly basis?
III. Are licences allotted 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 the 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.)
IV. 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?
V. What are the minimum and maximum lengths of time for processing applications?
VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
VII. 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?
VIII. 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?
IX. 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?
X. In cases where imports are allowed 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?
XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
(a) How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
(b) Can a licence be granted immediately on request?
(c) Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
(d) 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?
8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Eligibility of importers to apply for licence
9. Are all persons, firms and institutions eligible to apply for licences:
(a) under restrictive licensing systems?
(b) under non-restrictive systems?
If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?
Documentational and other requirements for application for licence
10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
11. What documents are required upon actual importation?
12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of licensing
14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
17. Are any other conditions attached to the issue of a licence:
(a) for products subject to quantitative restriction?
(b) for products not subject to quantitative restriction?
Other procedural requirements
18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? 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?