REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the Agreement
on Import Licensing Procedures (2017)
Mauritius
The following notification, dated
18 September 2017, is being circulated at the request of the delegation of
Mauritius.
_______________
1 Ministry of social
security, NATIONAL sOLIDARITY AND ENVIRONMENT AND Sustainable Development
(ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DIVISION). 2
1.1 Refrigerants
containing Hydro chlorofluorocarbons (HCFC) 2
1.2 Permit system
under the Environment Protection (Polyethylene Terephthalate (PET) bottle
Permit) Regulations 2001 to bottle beverage in a PET bottle. 4
2
Ministry of Industry, Commerce and Consumer Protection (Commerce Division) 5
3 Ministry of Agro-Industry and Food Security. 7
3.1
National Agricultural Products Regulatory Office. 7
3.2
National Parks and Conservation Service. 9
3.3
Veterinary Services. 10
3.4
National Plants and Protection Office (NPPO) 12
4
Ministry of health and quality of life. 14
4.1 Dangerous
Chemicals Control Board. 14
4.2 Pharmacy Board. 15
Outline of system
1. Mauritius has successfully implemented its
Chlorofluorocarbons (CFC) Phase out Management Plan since 2005 and importation
of CFCs have been completely banned. Presently,
a Hydrochlorofluorocarbons (HCFC) Phase out Management Plan (HPMP) has been
developed/approved in 2011 and importation of HCFC refrigerants is being
controlled.
A
quota system based on a baseline figure (the average amount of HCFC
refrigerants imported in 2009 and 2010), has been set up/implemented, since
2013. In 2015, as required under the
Montreal Protocol and as provided in the HPMP, a 10% reduction was applied to
the baseline import and a quota system worked out accordingly.
Following
request from importers of refrigerants, the National Ozone Unit of the Ministry
Of Social Security, National Solidarity and Environment and Sustainable
Development (Environment and Sustainable Development Division) issue a
clearance to the importers. The Customs
Department of the Mauritius Revenue Authority and the Dangerous Chemical
Control Board (DCCB) of the Ministry of Health and Quality of Life are informed
of our no-objection and DCCB issues the import permit for importation under the
Dangerous Chemical Control Act, 2004.
The Customs Department enforce the latter legislation.
Additionally,
importation of equipment containing HCFC as refrigerant is banned, under the
Consumer Protection (Supplies and Control) Regulations, 2013.
Purpose and coverage of licensing
2. Importation of all
HCFC refrigerants requires import permit.
3. The system applies to goods originating from
anywhere in the world.
4. The Licensing system is to restrict the
quantity of the HCFC refrigerants being imported based on the quota as defined
in the HCFC Phase out Management Plan (HPMP).
5. The importation is controlled as per quota
defined in the Hydrochlorofluorocarbons (HCFC) Phase out Management Plan
(HPMP). It is to be noted that a
Regulation under the Dangerous Chemical Control Act, has been prepared and is
expected to be promulgated/in force
shortly.
Procedures
6.I All the importers of refrigerants have been informed of the quota
system.
II. Accordingly, the Quota is allocated. However, importers have to make the request
for clearance for licence every time they intends to import. They need to indicate the amount as well as
country of origin.
III. Refrigerants are not produced locally.
Unused allocations are not added to quotas for succeeding period. No, names of importers have not been made
known to export promotion bodies of exporting countries, as no such request has
been made. However, there would be no problem to communicate these details if
ever there is such a request.
IV. There are no specific conditions but
preferably the importers should submit their request two working days before
hand.
V. There are no specific conditions but
generally the requests are processed within two days.
VI. No restriction, subject to importation is
done within the same calendar year.
VII. No. The National Ozone Unit (NOU) of the Ministry
of Social Security, National Solidarity and Environment and Sustainable
Development (Environment and Sustainable Development Division) process only the
no-objection and certifies that the refrigerant in question can be imported. It
is the Dangerous Chemical Control Board of the Ministry of Health and Quality
of Life which grants the Licence.
VIII. It happens that some importers have exceeded
their quotas and they made additional request. Then reallocation can be done if only the
other importers have not fully used their quotas. A quota system has been established as from
2013 based on the average import during 2009 – 2010 for those importers who
were registered during the said two years. A quota has also been assigned
for new importers while being within the allowable baseline figure of import. Applications are examined on receipt.
IX. For any importation of HCFC an import
licence is obligatory.
X No such mechanism.
XI. No. The imported Refrigerant can be
re-exported, but the exporters need to again get the clearance from the NOU and licence from the DCCB.
7.(a) Same as the above procedure.
(b) It is possible, but still two days advance request is preferred.
(c) No.
(d) Same as above procedure.
8. Application for a Licence may be refused if
the quota has been met. The importer is informed accordingly. The importer may
contact the NOU and confirm whether unused allocation for other importers can
be reallocated.
Eligibility of importers to apply for a permit
9. All persons, firms and institutions are eligible to
apply for licences. The NOU does charge any registration fee. There is no
published list of importers at the level of NOU.
Documentation and other requirements for applications for permits
10. The importer must send a letter to the NOU and
copied to the DCCB and specify the following:
·
Type of refrigerants.
·
Type of container.
·
Weight per unit.
·
Country from where it is imported.
A MSDS of the
product can also be submitted by the importer, though not binding.
11. Production of clearance from DCCB is required prior
to granting Customs release.
12. The NOU does charge any registration fee.
13. No fees and deposit is applicable.
Conditions of licensing
14. The licence is valid as from the date of issue to the
date the Refrigerants are cleared from the Customs.
15. There is no penalty by the NOU in case of
non-utilisation of the Licence.
16. Licences are not transferable between
importers.
17. While issuing the clearance by the NOU, the
importers are requested to also seek clearance from the DCCB.
Other procedural requirements
18. No at the level of NOU.
19. To be confirmed by banking authorities.
Outline of System
1. PET
bottles have over the past years become the container of choice in the beverage
industry replacing substantial quantities of glass bottles. About 100
million PET bottles are generated annually from the Beverage industry. The rise in the one-way no deposit mechanism
for PET bottles has greatly contributed to the problem of littering in the
country. Waste PET bottles also pose
serious constraint in landfilling with regard to the large volume they occupy
and the extremely slow decomposition rate (about 500 years).
Local companies wishing to bottle a beverage
in a PET bottle should apply for a permit with the Department of Environment. A processing fee of Rs. 10,000 is charged for
each permit.
Subject
to meeting the conditions attached to the permit such as engaging the services
of a PET recycler for the collect of used PET bottles from the waste stream and
submitting annual returns on PET produced and waste PET collected for
recycling; a permit is issued to the company with a validity of three years. The Permit is renewable subject to the
satisfaction of the Director of Environment on compliance to conditions imposed
under the Permit.
Purpose and Coverage of Licensing
2. Permit to bottle soft drinks and water in PET
bottles.
3. The system applies to the local bottling of
beverage in a PET bottle. (Regulations will be
amended in near future to include importation of beverage and foodstuffs in PET
bottles).
4. The permit system is not intended to restrict
the quantity of production.
5. The permit system falls under the Environment
Protection (Polyethylene Terephthalate (PET) bottle Permit) Regulations 2001.
Procedures
6.I. N/A.
II. N/A.
III. Regulations will be reviewed with the State
Law Office to extend the scope of the PET bottling permits to local production
and importation of foodstuffs in a PET bottle/container.
IV. N/A.
V. Approximately one month to process permit.
VI. N/A.
VII. Processing of permit by the Ministry of
Social Security, National Solidarity and Environment and Sustainable
Development (Environment and Sustainable Development Division) only.
VIII. Permit is issued if company takes engagement to
meet conditions attached to the permit.
IX. N/A.
X. N/A.
XI. N/A.
7.(a-d) N/A.
8. Permit may be revoked if company is not
complying with conditions attached to it. Company will be requested to write to
the Director of Environment as to why the permit should not be revoked.
Eligibility of Importers to apply for Licence
9. The
beverage industries that have a PET permit are: Phoenix Beverages Ltd, Quality
Beverages Ltd, Vital Water bottling Company Ltd, Eau Val Ltée, Global Direct
Foods Ltd and Vivalo Ltée.
Documentation and other requirements for application for licence
10. Returns on expected annual PET production and
contract with a PET recycler for the collection of waste PET for recycling.
11. N/A.
12. Rs. 10,000 as processing fee.
13. N/A.
Conditions of Licensing
14. Three years and renewable thereafter.
15. N/A.
16. Permit not transferable.
17. N/A.
Other procedural requirements
18. N/A
19. N/A
Outline of System
1. Import permit system is regulated by the
Consumer Protection (Control of Imports) Regulations 2017 establishing the
list of goods subject to import control. (List of restricted and prohibited
goods was submitted in notification dated 26 September 2014 in G/LIC/N/3/MUS/4).
The system is administered by the Trade Division, Ministry of Industry,
Commerce and Consumer Protection.
Purposes and Coverage of Import Permits
2. Imports of restricted goods
are subject to automatic licensing through an import permit being granted and
issued.
3. The system applies to goods originating in
and coming from all countries.
4. Import permits are enforced
for reasons of security, sensitivity, health and environment.
5. Import control is regulated under the Consumer Protection (Control
of Imports) Regulations 2017 and approval from the Minister responsible
for Commerce has to be sought for any change in the list of restricted goods.
Procedures
6. For products under restriction, it is
related to second hand motor vehicles, whereby an individual or firm (other
than an authorised dealer or a taxi owner/driver) is entitled to import one
motor car every five years; an authorized dealer is not subject to any
restriction; a taxi owner/driver is entitled to import one motor car every four
years; an individual or firm (other than an authorised dealer) is entitled to
import one lorry/truck every five years; and an individual or firm (other than
an authorised dealer) is entitled to import one van every five years. This information is available in the
Consumer Protection (Control of Imports) Regulations 2017.
An individual or
firm employing not less than 8 persons (other than an authorised dealer or a
public transport operator) is entitled to import one second- hand bus every 5 years for each appropriate licence.
Any imported second hand bus imported by an authorised dealer shall be sold
only to aper4son holding the appropriate licence.
For second- hand
motorcycles – total restriction on importation for resale.
7. An application for an import permit
has to be made prior to the importation of restricted goods and the import
permit may be granted on the same day.
For some controlled goods, appropriate recommendations are sought by the
Ministry prior to approval of the permit.
8. The refusal to issue an import permit
may occur where the importer fails to comply with any provision of the Consumer
Protection (Control of Imports) Regulations 2017
Eligibility of Importers to Apply for Permit
9. All applications are made through the
TradeNet System via a customs broker. A
firm is presently registered in the system, free of charge, prior to sending its
application. With regards to authorised
dealer, the company must be a holder of a valid licence of authorised dealer in
importation and sale of second-hand motor vehicles as per the Consumer Protection (Importation and Sale of
Second-hand Motor Vehicles) Regulations 2004.
Documentational and Other Requirements for Application for Permit
10. The documents required upon applications are
based on what are being imported, for some goods, only the application is
required while for other goods, the pro-forma invoice and additional documents
may be requested.
11. Upon actual importation, an importer is
required to submit the bill of lading and invoice as well as additional
documents depending on what is being imported and coming from which countries.
12. There is no import permit fee or
administrative charge.
13. There is no deposit or advance payment
requirement associated with the issuance of permits.
Conditions of Import Permits
14. An
import permit is valid for a maximum period of 12 months.
15. There is no penalty for
non-utilization of a permit or a portion of it.
16. The import permit is
not transferable.
17. An import permit is
subject to any conditions that the Permanent Secretary may impose.
Other Procedural Requirements
18. There are no other administrative procedures,
apart from import permits required prior to importation of restricted goods
specified in the Consumer Protection (Control of Imports), Regulations 2017 .
19. Foreign exchange is automatically provided by
the banking authorities for goods to be imported.
Outline of System
1. N/A
Purposes and coverage of licensing
2. Import of:
(i) Tea and tea products; and
(ii) Tobacco and tobacco products are subject to import clearance
(similar to automatic licensing), and the system has no trade restricting
effects.
3. The system applies to goods originating in
and coming from all countries.
4. The clearance system is for statistical purposes
and to ensure that the products are in conformity with local regulations.
5. The system is under the National Agricultural
Products Regulatory Office Act 2013, and the National Agricultural Products
Regulations 2013. Regulated products are
listed under the First Schedule of the Act.
Procedures
6.I. Information concerning filing of
applications for clearances are provided at the Office, by phone and by mail
upon request.
II. There
is no quota.
III. Clearances are issued to importers
regardless of whether they are producers of like products or not.
IV. N/A.
V. Applications for clearance are usually
processed on the same day or on the next working day.
VI. N/A.
VII. Application for clearance is considered by
one administrative body. However, import of tea products should be accompanied
by a phytosanitary certificate issued by the appropriate authority of the
country of origin. The prospective
importer should therefore call at the National Plant Protection Office for a
Plant Import Permit.
VIII.
Applications are considered on
receipt.
IX. There is no bilateral quotas or export
arrangements. Export permits from
exporting countries are not required.
X. N/A.
XI. Import clearances are for products for sale
in the domestic market.
7. Where
there is no quantitative limit on importation of a product or on imports from a
particular country:
(a) Applications may be made prior to import of
goods
(b) The
application may be approved immediately on request but authorization to remove
the goods from the port or bonded Warehouse is conveyed after inspection.
(c) There are
no limitation as to the period of the year during which application for
clearance may be made.
(d) Consideration of
applications for tea and tobacco products are effected by one administrative
organ, NAPRO.
8. None.
Eligibility of Importers to Apply for Clearance
9. All persons, firms and
institutions are eligible to apply.
Documentation and Other Requirements for Application for Clearance
10. The
application form is available at the office of NAPRO and a model is available
on the website of the Ministry
11. Upon
importation the importer is required to submit the approved application
together with the invoice and bill of lading and a phytosanitary certificate
for tea products.
12. There is an application and a clearance fee.
13. No deposit or advance payment
is required.
Conditions of Clearance
14. A
clearance for the import of tea products is valid for a period of one month;
that for tobacco products is valid for six months as from date of issue. Request for extension may be considered.
15. There
is no penalty for non-utilization of a clearance or part thereof, but the fee
paid is not refundable.
16. Clearances
are for the products specified on the application form.
17. Conditions
for clearance are listed on the application form.
Other procedural Requirements
18. There
is no other administrative procedure at NAPRO prior to importation but
prospective first time importers must submit appropriate documents for identification/registration.
19. Foreign
exchange is provided by banking authorities without impediments.
Outline of System
1. N/A
Purposes and coverage of licensing
2.(a) Import
of CITES listed specimens
In
accordance with Section (39) of the Native Terrestrial Biodiversity and
National Parks Act 2015, an import permit is needed for the importation of
prescribed wildlife under CITES. In that
respect CITES import permits are issued by NPCS as the CITES as the CITES
Management Authority of MRU against payment of a prescribed fee.
(b) Import of exotic wildlife other than
livestock and fish
In accordance with Section 35 of
the same act, a permit is needed for the importance of living animal other than
livestock and fish. In that respect an
Import Permit for Exotic Wildlife (IPEW) is delivered by the NPCS permit office
against payment of a prescribed fee.
Procedures (6–8)
3. The system applies to goods originating in and
coming from all countries.
4. Apply
in CITES cases.
5. Act.
6. N/A.
7.
Written applications are submitted to Director (NPCS) for both
categories of permits. Application forms for IPEW permit are also available at
NPCS office.
K,L Minimum time for processing applications:
(a) CITES permit - three working days
(b) IPEW
permit - ten working days
Maximum time for processing applications:
(a) CITES permit -ten working days
(b) IPEW
permit - 60 working days in case applications should receive clearance of
National IAS committee.
8. Section 10(1) and (2) of the wildlife
regulations (1998) allows the authorized officer to refuse an application for a
permit. In general the following are reasons for refusal of an import permit:
invasive species, no adequate facility at importer’s premises and veterinary
objection due to threat of diseases.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are
eligible to apply for licences.
Documentation and other requirements for application for licence. (10 –
13)
10. General information requirements for CITES
and IPEW are as follows: Details on
importer, Scientific name of imported wildlife, age, country of origin.
11. Import permit from NPCS and Veterinary
certificate.
12. A fee of Rs 300 is claimed for each CITES
permit issued. A fee of Rs 50 is claimed
for each IPEW permit issued.
13. Payment made upon application of import
permit.
Conditions of licence (14 – 17)
CITES import permit
for Appendix I is 12 months valid while IPEW permit is six months valid.
Other procedural requirements (18 – 19)
None.
Outline of System
1. N/A
Purposes and Coverage of Import Permit
2. Import of:
Live animals and animal products
3. None.
4. Import Permit design to protect the country
against sanitary threat in line with the WTO SPS Agreement.
5. Animal Disease Act 1925 and subsequent
regulations.
Procedures
6. I. All relevant information
for import of live animals and animal products
are available online and in information leaflets at the Veterinary
Services.
II. Import
Permit is valid for the following categories as follows:
·
Live cattle three months (live cattle, sheep and goat)
·
Dog six months.
·
All other products as mentioned above three months.
III. N/A
IV. N/A.
V. Minimum time for processing
application: 7 days, maximum time 15
days.
VI. Imports are allowed
immediately upon granting of permits.
VII. For
most products mentioned under Number 2 above permit is delivered by division of
Veterinary Services. In the case of
animal feed (containing plant materials) and fodder the clearance of the NPPO
is also required. [in case of birds and invasive species clearance
from NPCS is required]
VIII. N/A.
IX. N/A.
X. N/A.
XI. Import permits are
delivered for domestic use but in some cases they may be for transit purposes.
7. Where
there is no quantitative limit on importation of a product or on imports from a
particular country:
(a) In
case of emergency permit may be granted in one day. Normal time for permit
delivery is two weeks. Goods arriving at the port without an import permit and health certificate is not allowed.
(b) Yes, provided all sanitary conditions are
satisfied.
(c) No.
(d) For
most products mentioned under Number 2 above permit is delivered by division of
Veterinary Services. In the case of animal feed (containing plant materials)
and fodder the clearance of the NPPO is also required.
8. Imports
permits are only refused in case of sanitary threats to the country. Applicants have the right of appeal and justifications
are provided for any refusal.
Eligibility of Importers to Apply for Clearance
9. All persons are eligible to
apply for import permits.
Documentation and Other Requirements for Application for Clearance
10. Live
animals
(a) Copy of all test certificates and sanitary
conditions of exporting country.
(b) Quarantine
facilities if any.
Animal Products
(a) Copy of all test certificates and sanitary
conditions of exporting country.
(b) Facility
of storage.
11. Original of documents
mentioned at (10) above.
12. Import Fees:
·
Horses – Rs 1,000 per animal.
·
Cats and dogs – Rs 500 per animal.
·
Caged birds – Rs 100 for every 10 birds or less.
·
Cattle, goats and sheep – Rs 10 per animal.
·
Other live animals – Rs 200 per animal.
·
Meat intended for human consumption Rs 100/permit together with an
additional sum of Rs 50 for each ton of meat or less.
·
Other items – Rs 100 permit.
·
Veterinary clearance fee (live animals and pets): Rs 500.
13. No.
Conditions of Licensing
14. Import Permit is valid for
the following categories as follows:
·
Live cattle 3 months.
·
Dog 6 months.
·
All other products as mentioned above three months.
15. No.
16. No.
17. No.
Other procedural Requirements
18. No.
19. N/A
Outline of System
1. N/A
Purposes and Coverage of Licensing
2. Plant import Permit (PIP) for Agricultural
Produce of Plant Origin including resources from the soil (e.g. rocks).
3. The system applies to goods originating in
and coming from all countries.
4. PIP is delivered for phytosanitary reasons.
5. Plants Protection Act 2006.
Procedures
6. For regulated products:
I. All
relevant information for import of agricultural produce of plant origin
including resources from the soil (e.g. rocks) are available online and for
information leaflets at the NPPO.
II. The PIP is valid for a 3
months period.
III. PIP are delivered for domestic consumption.
There may be cases of goods in transit where special arrangements are made
between importers and the NPPO.
IV. N/A.
V. Minimum time for processing
application: 2 days, maximum time 5 days.
VI. Imports are allowed
immediately upon granting of permits.
VII. For
most products mentioned under Number 2 above permit is delivered by NPPO. In
the case of animal feed (containing plant materials) and fodder the clearance
of the Veterinary Services is also required.
VIII. N/A.
IX. N/A.
X. N/A.
XI. All
PIP are delivered for goods intended for domestic consumptions unless for
transit consignments.
7. Where
there is no quantitative limit on importation of a product or on imports from a
particular country:
(a) Application
for PIP is made one week in advance in case of emergency, permit may be
delivered within shorter time limits. Normal time for permit delivery is two
weeks. No Goods are allowed without a
PIP.
(b) Yes,
provided all relevant documents are submitted and phytosanitary conditions are
satisfied.
(c) No.
(d) For
most products mentioned under Number 2 above permit is delivered by NPPO. In the case of animal feed (containing plant
materials) and fodder the clearance of the Veterinary Services is also required.
8. Imports
permits are only refused in case of phytosanitary threats to the country.
Applicants have the right of appeal and justifications are provided for any
refusal.
Eligibility of Importers to Apply for Clearance
9. All persons, firms and institutions
are eligible to apply for PIP.
Documentation and Other Requirements for Application for Clearance
10.
Name of importer, contact details, name of exporter, product name
(scientific name), country of origin, and quantity.
11. Original
of documents mentioned at (10) above.
12.
Import Fees:
·
Application Fee – Rs 50.
13. No deposit or advance payment
required with the issue of PIP.
Conditions of Licensing
14. PIP is valid for a period of
three months.
15. No.
16. No.
17. Conditions of PIP base on
phytosanitary reasons.
Other procedural Requirements
18. No.
19. Foreign
exchange is automatically provided by banking authorities for goods to be
imported (no license is require as a pre-requisite). Foreign Exchange is always
available for importers through direct application through the bank.
Outline of systems
1. Import licensing system is regulated by
Section 11 of the Dangerous Chemicals Control Act 2004. The licensing system is administrated by the
Dangerous Chemicals Control Board under the Ministry of Health and Quality of
Life.
Purposes and coverage of licensing
2. N/A.
3. Yes.
4. N/A.
5. Dangerous Chemicals Control Act 2004.
Licensing is statutorily required and
is does not allow designation of products to be licensed to be subject to
administration discretion. It is not
possible to abolish the system without legislative approval.
Procedures
For products
under restriction as to the quantity or value of imports
6.I. N/A.
II. N/A.
III. N/A.
IV. N/A.
V. 1–3
weeks.
VI. Valid
for 3 months.
VII. Yes.
VIII. N/A.
IX. N/A.
X. N/A.
XI. N/A.
7. Where there is no quantitative limit on
importation of a product or on imports from a particular country:
(a)
Yes.
(b)
Yes.
(c)
Yes.
(d) Yes.
8. Yes.
Eligibility of importers to apply for licence
9. Only registered persons or companies.
Documentation and other requirements for application of licence
10. Yes.
11. Yes.
12. The fee for Issue of import licence is Rs 200
(Mauritian rupees).
13. No deposit or advance payment is requested.
Conditions of licensing
14. Valid for 3 months.
15. No penalty.
16. Licences are not transferable between
importers.
17. The issue of a licence is subject to any additional
information which may be requested by the Board and any condition subsequently
imposed by it.
Other procedural requirements
18. N/A.
19. N/A.
Outline of the system
1. All medicines and pharmaceutical products must
be registered with the Pharmacy Board prior to import and marketing in the
country.
In
addition, certain specific category of medicines and pharmaceutical products as
well as chemicals requires a licence for their import and export. These include:
·
Antibiotics,
vaccines and any therapeutic substance, listed in the Sixth Schedule of the
Pharmacy Act, 1983.
·
Dangerous drugs
as defined under Section 3 of the Dangerous Drugs Act 2000.
Purpose and coverage of licensing.
2. For each consignment of an antibiotic,
vaccine and a therapeutic substance, imported, the importer (Pharmaceutical
Wholesaler) is required to submit an application for a permit as specified
under Section 25 of the Pharmacy Act indicating the name of the product(s) and
quantity in respect of each product being imported. An import permit is then delivered to the
importer accordingly.
As
regards to dangerous drugs, it is mandatory under the International Conventions
that a permit be issued by the regulatory authority for the import/export of
substances listed in Schedule I, II, III & IV of the Dangerous Drugs Act
2000.
Substances
listed in Schedules I, II and III may be authorized to be imported for the
purposes of medical or scientific research or teaching or the use of the
forensic science services, in quantities not exceeding those strictly required
for the purpose in question.
The
substances listed in Schedule IV of the Dangerous Drugs Act 2000 are used in
the manufacture of narcotic drugs and psychotropic substances as classified by
the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, or otherwise, are included as precursors in Schedule IV.
They
are also subject to regulatory control under the International Convention to
prevent illicit trafficking and diversion to ensure that importation is for
bona fide purposes. The application
forms and permits are as given in the annexed documents.
3. The licensing system applies to goods coming
from any country.
4. The licensing process is intended to exercise
control over import as per international requirements to ensure that the goods
are destined for legitimate use (medicinal, scientific, and educational).
5. As mentioned above, they are governed by the
provisions of the Pharmacy Act, 1983 and Dangerous Drugs Act 2000 as well as
the respective regulations under the Acts. Being mandatory requirements, any amendments
to the control measures will require amendments to the respective Acts.
Procedures
6.(a) Import of Antibiotics
Importation
of Antibiotics, vaccines and therapeutic substances is not subject to any
quota. The permit is issued at time of arrival of the product(s) in the
country, on consignment basis.
(b) Import of Dangerous Drugs
Import of Schedule II and Schedule III
dangerous drugs
Import of Schedule
II and Schedule III dangerous drugs are, subject to a yearly quota which is
established as follows:
(i) At
the end of every year, pharmaceutical wholesalers are required to submit a
return of their transactions indicating opening stock, quantity purchased and
sold during the current year and balance in hand.
(ii) They
are also required to submit their request in respect of their requirements for
the subsequent year. Quota is worked out
on the basis of the data submitted. Adjustments, if any, to the quota are effected in the course of the year, however, full
justifications must be provided.
(iii) The
requirement at national level is worked out and submitted to the International
Narcotics Control Board (INCB) in Vienna for the establishment of national
quota especially for dangerous drugs Schedule II (narcotics) which, are
recorded and published.
(iv) Once quota is established,
the issue of the import permit/certificate is effected within
a couple of days of submission of request. The importer will have to forward a copy of
the import permit/ certificate to the exporter who will forward a copy of same
to the authority in the exporting country in view of obtaining an export
licence to enable shipment of the consignment of the dangerous drugs.
Import of Schedule I dangerous drugs
(i) The substances listed in
Schedule I of the Dangerous Drugs Act are only meant for scientific (Forensic)
purposes.
(ii) They
are not subject to any quota.
(iii) Import
licence/permit is issued within a couple of days of submission of request.
(iv) The importer will have to
forward a copy of the import permit/ certificate to the exporter who will
forward a copy of same to the authority in the exporting country in view of
obtaining an export licence to enable shipment of the consignment of the dangerous
drugs.
Import of Schedule IV dangerous drugs
(Precursor Chemicals)
I.-II. Import of the products listed in the above
mentioned schedule is not subject to quota. The procedure for the issue of
permit/certificate follows the same pathway as for schedule II and III
dangerous drugs except that the authority in the exporting country will issue a
Pre Export Notification (PEN) certificate requesting for confirmation from the
authority of the importing country on the authenticity of the import prior to
shipment.
III. Issue of licence is applicable to both
importers and producers of goods.
Unused quotas cannot be carried forward for a succeeding year.
Pharmaceutical wholesalers are
registered entities with the Pharmacy Board. They also hold a trading licence from
the local authorities. Similarly the importers or dealers involved in the trade
of chemicals need to be licenced by the local authorities.
IV, V, VI already covered in the previous
paragraphs.
VII.
The Pharmacy Board is the regulatory
body under the Pharmacy Act solely responsible for the issue of
licence/permit/certificate.
VIII. N/A.
IX.-X. already covered in the previous
paragraphs.
XI. There
is no such conditions that licences are issued exclusively for export only.
7.
(a)(b) Licence/permit may be issued immediately upon
request and at time when goods have arrived at the port only in the case of
therapeutic substances including antibiotics and vaccines. However, it is
advisable to apply for the permit/licence/certificate prior to import.
(c) There is no time limit for submitting an
application for permit /licence/certificate in the case of therapeutic
substances including antibiotics and vaccines, as well as for chemicals and
substances listed in Schedule I and IV of the Dangerous Drugs Act. An application can be submitted any time an
import is to be effected during the year.
As regards Items listed in
Schedule II and III of the Dangerous Drugs Act, the application must be
submitted at the beginning of the year when the yearly quota has been allocated.
However, import may be effected in a
staggered manner during the year.
(d) Already covered in Para 6(VII).
8. An application for licence/permit may be
refused in the case of importation of pharmaceutical products including
dangerous drugs (Schedule I, II & III), if the applicant is not a
registered pharmaceutical wholesaler, laboratory or an educational institution.
Similarly,
in the case of Schedule IV dangerous drugs (Precursor Chemicals), issue of a
licence may be refused if it is suspected that the import of the chemicals is
not for legitimate use. There is no right of appeal in the event of a refusal
of a licence.
Eligibility of importers to apply for licence.
9.(a) Pharmaceutical products can
only be imported by registered wholesale pharmacies under the supervision of
pharmacists. A list of registered pharmaceutical wholesalers is available at
the Ministry.
(b) As regards chemicals, any person, firm or
institution is eligible to apply for licences. There is no registration fee for
any of the above at present.
Documentation and other requirements for application for licence.
10. The applicant is required to submit the
required information as mentioned in the sample documents annexed.
11. A copy of the import licence must be submitted
along with the invoice.
12. There is no licensing fee charged.
13. N/A.
Conditions of licensing
14. (i) The validity of the licence for import of
dangerous drugs and chemicals is 3 months from the date of issue. It may be extended upon request if there is a
delay in supply for instance.
(ii) As regards import permit for vaccines,
antibiotics, etc. the permit is issued on consignment basis at time of arrival
of the goods.
15. There is no penalty for the non-utilisation
of licence.
16. The licence is not transferable between
importers.
17. The issue of a licence is subject to any
additional information or clarification that maybe required in respect of same.
Other procedural requirements.
18. All pharmaceutical products are required to
be registered by the Pharmacy Board prior to import and marketing in Mauritius.
19. N/A.
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