On January 25, 2013, the Resolution No. 11/2013 issued by the Ministry of Economy and Public Finance (the “Resolution”) was published in the Official Gazette. The Resolution revokes the procedures for non-automatic import licences.
In relation with the repealed rules, the World Trade Organization (“WTO”), in the Procedures for Import Licenses Agreement (the “Agreement”), provides for administrative procedures for obtaining such licenses, which have as precondition, in order to import into the custom territory of the importing country, the obligation to present an application and the relevant documents before the corresponding administrative organism.
The WTO has established two types of import licenses, automatic licences and non-automatic licences. Through the Agreement, the WTO provides that automatic import licenses are those approved in all cases if the required information is presented in clear and complete way, and their procedure does not exceed ten (10) business days. On the other hand, non-automatic import licenses are those in which the country which adopts them must choose between (i) a sequential analyze or (ii) an inspection of the licenses performed separately for a certain period of time, and then an analysis of them as a whole.
As since February, 2012 the General Resolution No. 3252 of the Tax Authorities is in force -which states that importers must submit an advance sworn statement for imports before concluding operations of shopping abroad- problems and contradictions have arisen between the sworn statement and the administrative procedures for non-automatic licenses, as both had the same purpose.
Consequently, and for reasons of opportunity, merit and convenience, the Resolution provides for the revocation of the following non-automatic licenses:
– Paper Import Certificate.
– Household Articles Import Certificate.
– Toys Import Certificate.
– Motorcycles Import Certificate.
– Footwear Import Certificate.
– Pneumatic Tires and Tubes for Bicycles Import Certificate.
– Textiles Import Certificate.
– Miscellaneous Manufactures Import Certificate.
– Shoe Parts Import Certificate.
– Metallurgical Products Import Certificate.
– Spinning and Weaving Import Certificate.
– Tire Import Certificate.
– Miscellaneous Products Import Certificate.
– Screws and Similar Import Certificate.
– Car Parts and Related Import Certificate.
– Vehicles Import Certificate.
Consequently to the revocation of the above enlisted licences, all those administrative action dealing with requests related to any repealed rule at the time it came into force, will be archived as it lacks of legal virtuality.
The resolution came into force on 25, January 2013.
