Committee on Import Licensing - Agreement on Import Licensing procedures - Notification under article 5.1 to 5.4 of the Agreement - Myanmar

AGREEMENT ON IMPORT LICENSING PROCEDURES

Notification under Article 5.1 to 5.4 of the Agreement[1]

Myanmar

The following communication, dated on 14 June 2024, is being circulated at the request of the delegation of Myanmar.

 

 

Category

Notification details

1

Notifying Member

Myanmar

2

Title of new legislation/procedure

Notification No. 20/2024: The Law Amending the National Food Law (2024)

3

Date of Publication

20 March 2024

4

Date of entry into force

20 March 2024

5

Website link/Official publication of the new regulation/procedure

https://www.fda.gov.mm

6

Have you attached a copy of the regulation (PDF) to the Secretariat

Yes [X]

 

No [ ]

7

Type of notification

[ ] (a) New licensing regulation/procedure[2]; (please answer question 8 to 14)

 

[x] (b)Changes to a regulation/procedure which has been previously notified in document: _G/LIC/N/2/MMR/1 and _G/LIC/N/2/MMR/11

8

List of products subject to licensing

 

9

Nature of licensing

Automatic: [  ]

Non-Automatic: [ ]

10

Administrative purpose/measure being implemented

(a)

Protect public morals;

(b)

Protect human, animal or plant life or health;

(c)

Collect trade statistics or market surveillance;

(d)

Protection of patents, trademarks and copyrights, and the prevention of deceptive practices;

(e)

Pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)

(f)

Quota (including TRQ) administration;

(g)

Regulate imports of arms, ammunition or fissionable materials and safeguard national security;

(h)

Other:

11

Administrative body(ies) for submission of applications

 

Ministry/authority and Department:

Website:

Telephone:

Fax:

E-Mail:

12

Contact point for information on eligibility

Ministry/authority and Department:

Address:

Website:

Telephone:

Fax:

E-Mail:

13

Expected duration of licensing procedure

 

14

A summary of the notification in one of the WTO official languages

 

15

In the case of 7(b), please indicate the type of new change(s)

(a)

Termination

(b)

Suspension

(c)

Modification of specific details in existing

procedures:

Product coverage;

Administrative purpose;

Automatic or Non-automatic;

   Duration of licensing;

 

Change the nature of quantity/value restriction;

Eligibility of applicants;

Contact information on eligibility;

Administrative body(ies) for submission of application;

Documentation requirements (including application form);

Period for Application;

Administrative body(ies) to issue licence;

Processing time for issuing licence;

Licence fee/administrative charge;

Deposit/advance payment and relevant conditions;

Appeal regulations/procedures;

Validity of licence;

Other conditions of licence (extension, transferability, penalty of non-use etc.);

Foreign exchange requirements;

Other: Violation of National Food Law

16

Please elaborate the changes in detail (in one of the official WTO languages)

Available in English

This Notification is to inform WTO Members that the National Food Law was amended as follows:

Section 28 of the National Food Law shall be substituted as follows:

"28. Whoever violates any provision of section 22 shall, on conviction:

·_       if it is an offence relating to food in subsection (a), subsection (b), subsection (c), subsection (d), subsection (e), subsection (f) or subsection (g), be punished with imprisonment for a term which may extend to 10 years and may also be liable to fine which may extend from a minimum of three hundred thousand kyats to a maximum of 3 million kyats;

·_       if it is an offence relating to food in subsection (h) or subsection (i), be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred thousand kyats or with both;

 

 

·_       the court shall pass an order to destroy or dispose of the exhibits involved in the offence, in accordance with the stipulations.

Section 29 of the National Food Law shall be substituted as follows:

"29. Whoever violates the provision of section 23 shall, on conviction, be punished with imprisonment for a term which may extend to ten years and may also be liable to fine which may extend from a minimum of one million kyats to a maximum of five million kyats. In addition, the court shall pass an order to destroy or dispose of the exhibits involved in the offence, in accordance with the stipulations."

30. The expression "with fine which may extend from a minimum of one hundred thousand kyats to a maximum of three hundred thousand kyats" and "In addition, the exhibits involved in the offence shall also be liable to be confiscated." in section 30 of the National Food Law shall be substituted by the expressions "with fine which may extend from a minimum of three hundred thousand kyats to a maximum of three million kyats" and "In addition, the court shall pass an order to destroy or dispose of the exhibits involved in the offence, in accordance with the stipulations."

31. The expression "shall be punished with imprisonment for a term which may extend to three years or with fine which may extend from a minimum of one hundred thousand kyats to a maximum of three hundred thousand kyats or with both" in section 31 of the National Food Law shall be substituted by the expression "shall be punished with imprisonment for a term which may extend to five years and may also be liable to fine which may extend from a minimum of three hundred thousand kyats to a maximum of three million kyats.

 

 

__________



[1] It is understood that the notifying Member has also completed its notification obligations under Article 1.4(a) and Article 8.2(b) regarding the relevant law/regulation/procedure notified for by filling this form in a full and complete manner.

[2] "New licensing regulation/procedure" is understood to refer to any newly introduced law, regulation or procedure, and those which are in force but being notified for the first time to the Committee.