1. The WTO-Agreement on Import Licensing
Achim Seiler, Trade Consultant and Capacity Building Specialist, Kathmandu
EU-Project: Trade and Private Sector Development (TPSD)
TPSD is implemented by
in cooperation with
and

2. Structure General provisions Automatic Import Licensing
Non-Automatic Import Licensing
Institutions
Notifications
Consultation and Dispute Settlement
Review
Final provisions

3. General Provisions
Neutral application, fair and equitable administration
Applications are not to be refused for minor documentation errors, nor to be penalized heavily for any omissions or mistakes in documentation or procedures obviously made without fraudulent intent or gross negligence
Publication of rules and procedures
Rules and all information concerning procedures for the submission of applications, including the eligibility criteria for applicants, the administrative bodies to be approached and lists of products subject to import licensing are to be published 21 days prior to the effective date of the requirement.

4. General Provisions II Simple forms and procedures
Application forms and renewal forms are to be simple. Application procedures and renewal procedures are to be simple
Other principles
Foreign exchange for licensed imports is to be allocated on the same basis as for goods not requiring import licenses

5. Automatic Import Licensing I
Definition
Automatic import licensing is defined as import licensing where the approval of the application is granted in all cases
Conditions
Automatic Licensing procedures are not to be administered in such a way as to have restrictive effects on imports
Main provisions
License applications may be submitted on any working day before customs clearance; they shall be approved immediately on receipt; they are to be removed as soon as the circumstances which have given rise to its introduction no longer prevail

6. Non-Automatic Import Licensing I
Definition
Non-automatic import licensing is defined as licensing not falling within the definition of automatic import licensing; used to administer trade restrictions such as quantitative restrictions which are justified within the WTO legal framework
Main provisions
Non-automatic import licensing must not have restrictive or distortive effects on imports additional to those imposed by the restriction; Members are to publish all relevant information, including purposes other than the implementation of quantitative restrictions, exceptions or derogations, quota amounts, opening and closing dates of quotas and country-specific allocations; there may be no discrimination among applicants; the validity of a license is to be of a reasonable duration and not to be so short as to preclude imports, including those from distant sources; full utilization of quotas is not to be discouraged; licenses are to be issued in economic quantities

7. Institutions Committee on Import Licensing
A Committee on Import Licensing has been established composed of representatives from each of the members and meet as necessary

8. Notifications
Notification of new licensing procedures to the Committee within 60 days
List of products subject to licensing procedures; contact point for information on eligibility; administrative body(ies) for submission of applications; date and name of publication where licensing procedure are published; indication of whetehre the licensing procedure is automatic or non-automatic according to definitions contained in the Agreement; in the case of automatic licensing procedures their administrative purpose; in the case of automatic import licensing procedures, indication of the measure being implemented through the licensing procedure; expected duration of the licensing procedure
Notification of changes in import licensing procedures
Indication of changes in elements
Reverse notification
Notification of import licensing measures imposed by other Members not notified by them to the Committee

9. Consultation and Dispute Settlement
Consultations and the settlement of disputes subject to Art. 22 and 23 of GATT 94
To be applied In line with the Dispute Settlement Understanding

10. Review
Review of the implementation and operation of the Agreement by the Committee
As necessary but at least once every two years; on the basis of a factual report prepared by the Secretariat using information inter alia submitted with the annual questionnaire to be filled by Members

11. Final Provisions Reservations
Reservations may not be entered in respect of any of the provisions without the consent of the other Members
Conformity of Laws and Regulations
Each Member shall ensure, not later than the date of entry into force of the WTO Agreement for it, the conformity of its laws, regulations and administrative procedures
Information of Changes in Laws and Regulations
Each Member shall inform the Committee of any changes in its laws and regulations relevant to this Agreement and in the administration of such laws and regulations