mc_gov_sa · law · processed · 13 chunks
[Non-Text] وزاره التجاره Ministry of Commerce VISION لدا 23:30 الوكاله العربيه السعوديه KINGDOM OF SAUDI ARABIA Import Licensing Procedures Chapter One: General Provisions Article 1: The following terms and expressions – wherever they appear in the Procedures – shall have the meanings set forth opposite each of them: Agreement: the Agreement on Import Licensing Procedures contained in Annex 1A of the Marrakesh Agreement establishing the World Trade Organization. Procedures: the Import Licensing Procedures. Guide: Guide of Import Licensing. Competent Authority: the official authority authorised by law to grant a licence. Establishment: any of the companies and institutions registered in the Commercial Register. Person: any natural person, whether a citizen or a resident who has obtained a residence permit. Import licensing: the administrative procedure for goods whose import into the Kingdom requires the issuance of a licence as a prior condition on the part of the competent authority and requires submission of an application or other documentation (other than that required for Customs purposes) to the competent authority. Automatic import licensing: import licensing where approval of the application is granted once the necessary requirements are fulfilled. Non-automatic import licensing: import licensing not falling within the definition of automatic import licensing and which the competent authority has the discretionary power to grant or reject the application for its issuance. Article 2: The competent authority shall: a. Adhere, when granting import licences, to what is stated in the Agreement, Procedures and Guide. b. Coordinate with the other concerned authorities when an application to obtain an import licence is submitted in accordance with the controls mentioned in the Guide. c. Provide the Ministry of Commerce with any new procedures or amendments related to import licences. Article 3: Applications submitted for import licences may not be refused due to minor errors that do not alter the basic data contained in the application documents, and penalties may not be imposed for errors in the documents unless there is bad faith or gross negligence. Article 4: Without prejudice to the requirements of legal, scientific and health considerations, the licensed goods for import may not be refused due to minor variations in value, quantity, or weight from the amount designated on the licence due to changes that may occur during shipment, or incidental changes when loading the goods in bulk, or because of minor differences consistent with normal commercial practice. Article 5: 1. Any establishment has the right to apply for import licences upon fulfilling the necessary requirements, provided that the imported goods are related to the scope of its activity specified in its Commercial Register. +966 11 294 4444 | Riyadh 11162 @ SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 1 [Non-Text] وزاره التجاره Ministry of Commerce VISION and 30 23:30 ال Estimates المطليه KINDOM OF SAUDI ARABIA 2. Any person has the right to apply for import licences provided that the imported goods are for the person's personal use, that the goods are not intended for resale or distribution, and that the goods are permitted to be traded in the Kingdom in accordance with the relevant regulations. Chapter Two: Automatic Import Licences Article 6: The licence application may be submitted on any working day prior to the Customs clearance of the goods. Article 7: The approval of the licence application that fulfills the necessary requirements shall be granted upon receipt thereof, to the extent administratively feasible, and in all cases, the period of issuance of approval shall not exceed ten working days. Chapter Three: Non-automatic import licences Article 8: 1. In the cases in which the applications for licences are studied immediately upon their receipt, a decision regarding the rejection or acceptance shall be issued within 30 (thirty) days from the date of receiving the requests, unless there are reasons beyond the control of the competent authority whereby it would be impossible to adhere to this period. However, in the cases in which all applications are considered together, they shall be decided within 60 (sixty) days from the day following the deadline for application. 2. In the event that the application to obtain the requested licence is refused, the applicant shall be informed – on request – of the reasons for the refusal. The applicant shall have the right, within 15 (fifteen) days from the date of rejection, to appeal before the head of the competent authority. The applicant shall also be entitled to challenge the decision issued against him/her before the Board of Grievances, in accordance with the legal procedures in force. Article 9: Without prejudice to the provisions of the Guide, it is necessary to obtain a non-automatic import licence to import the goods included in the following categories: a. Goods subject to quantitative restrictions for reasons related to protective measures to protect national commodities from harm from increased imports of similar goods. b. Goods subject to quantitative restrictions for reasons related to protecting the balance of payments. c. Goods subject to quantitative restrictions for reasons related to implementing government programmes and policies for economic development. d. Goods subject to quantitative restrictions for reasons related to concessionary rights granted by the state. e. Goods of a sensitive nature for reasons of national security, religion, or reasons of health, safety, public order, or the environment. Article 10: 1. With regard to commodities subject to quantitative restrictions, the relevant authority shall publish in the Official Gazette the quotas allowed to be imported on the basis of quantity or value, the opening and closing dates of quotas, and any change that may occur thereto, at least 21 (twenty-one) days prior to the opening date of their implementation. 2. In the event of quotas allocated between supplying countries, all countries with an interest in supplying the goods concerned shall be informed of the shares specified in the quota allocated by quantity or value. This information shall be published in the Official Gazette no less than 21 (twenty-one) days prior to the opening dates for receiving applications for licences. 2 +966 11 294 4444 | Riyadh 11162 @ SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa [Non-Text] وزاره التجاره Ministry of Commerce VISION 23230 دوقو لدوقو لدوقو لدوقو لدو قو Kingdom of Saudi Arabia 3. In cases where it is necessary to determine the date of opening the quotas early, the information in this regard shall be published in the Official Gazette no less than 21 (twenty-one) days prior to the date of the opening of receiving applications. 4. In the case of quotas allocated among the supplying countries, the licensing applications shall specify the country of origin. 5. In the cases covered by this article, licences are issued to importers on the basis of their previous performance during the last three years, and a specific percentage may be issued in each year to importers. Chapter Four: Final Provisions Article 11: The Procedures and the Guide shall be amended by a decision from the Minister of Commerce in accordance with what is received from the relevant government agencies. The amendments shall become effective after 30 (thirty) days from the date of their publication in the Official Gazette. Article 12: The Procedures shall be published in the Official Gazette, and shall be effective 30 (thirty) days after the date of their publication. +966 11 294 4444 | Riyadh 11162 f @ Saudi MCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 3