 
  WORLD TRADE  
ORGANIZATION  G/LIC/N/3/GEO/2 
28 October 2004 
 
 (04-4575) 
Committee on Import Licensing Original:   English 
  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
1 
 
Notification under Article 7.3 of the  
Agreement on Import Licensing Procedures  
 
GEORGIA 
 
 The following communication, dated 8 October 2004, is being circulated at the request of the 
Delegation of Georgia.  
_______________ 
 
Outline of systems
 
 1. Import Licensing
2 system is regulated by Law of Georgia on "Licensing of Entrepreneurial 
Activity and the Basics of Issuing Permission".  In addition to that: 
 
(a) Issuance of permission for import of weapons is regulated by the Law of Georgia on 
"Armament" and by Presidentia l Decree N582; and under the La w of Georgia on "Control of 
import and Export of Armaments, Milit ary Equipment and Dual Products". 
 
(b) Issuance of permissions for produc ts under veterinary control is re gulated by the Law of Georgia 
on "Licensing of Veterinary Entreprene urial Activities and Permission Issuing". 
 (c) Issuance of permissions for imports of pesticides is regulated by the following regulatory acts: 
the Law of Georgia on "Pesticides and Agricultural Chemicals", the Law of Georgia "on the Pesticide Production, Trade, Export, Import Licen sing, as well as Issue of Permission for Import 
and Transit of Products of Floral Origin Subject  of Control", also by the Law on "Licensing and 
Permission fees". 
 (d) Issuance of permission for import of medicine s and medical materials is regulated by the 
following regulatory acts: Law of Georgia on "Licensing of the Medical and Pharmaceutical 
Activity", Law of Georgia on the Narcotics, Psyc hotropic Materials, Precursors and Narcological 
Aid", "General Administrative Code of Georgia" and the Law of Georgia on "Licensing and Permission Fees" as well as under the Decree of Mi nister of Labour, Health and Social Affairs of 
Georgia # 193/6 6 August 2004 on "Amendments to the Decree of Minister of Labour, Health and Social Affairs of Georgia No 153/N 21 Ju ly, 2003 on Adopted Rules on Import and Export 
of Narcotic Drugs and Psychotr opic Substances and Precursors". 
  The licensing system is administered by the different governmental bodies.  
                                                     
 
1 See document G/LIC/3, Annex, for the Questionnaire. 
2 The word "Licence" is used w ith the meaning of "permission". G/LIC/N/3/GEO/2 
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 Purposes and coverage of licensing
 
 2. The import of the following products is subject to licensing in Georgia:  (a) chemical facilities for plant protection (pesticides); 
(b) wild animals and birds, fish, bones of extin ct animals, hooves, wild plants, seeds of wood 
species of forest and similar materials; 
(c) industrial waste (the import of non-toxic indus trial wastes is allowed only for the purpose of 
industrial processing.  Import of toxic radioactive industrial wastes for the purpose of their utilisation, safe disposal, interment and any other purposes is prohibited); 
(d) military equipment and technique; 
(e) medicines and medical materials; (f) narcotics and psychotropical materials (g)  meat and meat products; (h) Ferrous, copper and aluminium metal scrap; 
(i) product of dual purpose 
  In the case of (a), (b), the licence on importation is granted by the Ministry of Agriculture. In 
the case of (c) the licence is granted by the Mi nistry of Environment and Natural Resources. 
  In the case of (b), the permission on importati on is granted by the Plant Protection Service at 
the Ministry of Agriculture and in case of (g) the permission on importation is granted by the 
Veterinary Department of the Ministry of Food and Agriculture.   In the case of (d), the permission on importa tion is granted by the Ministry of Justice 
according to the  recommendation of the Permanen t Joint Committee on Military-Technical Issues of 
the Council of National Security. 
  In the case of (e) and (f), the permission is gr anted by the Ministry of Labour, Health and 
Social Affairs of Georgia, taking into account the requirements of the existing UN Convention. 
  In the case of (h) and (i) the  licence is granted by the Ministry of Economic Development. 
 
3. The licensing applies to any product imported from any country, and products originating in 
any country.  4. In case of the licensing specified in paragraph (a), (b), (c), (d), (e), (f), (g) and (i) the relevant 
requirement does not include any quantitative or valu e restrictions.  In these cases the objective is the  
protection of the ecology and safety of food produc ts.  In the case of (d), licensing is intended to 
prevent the  proliferation of weapons of mass distrac tion.  It also aimed to protect the interests of 
international and national security.  Only the case of the licence (h) is considered as quantitative 
restrictions.  In the  case of (h) and (i) the  li cence is required for revenue  protection and control.. 
 
5. In the case of (a), (c), (d) ad (e) above, the import permission procedures are implemented on 
the basis of the Law of Georgia on "Licensing of Entrepreneurial Activity and Bases of Issuing Permission" and Law on "licensing and Permission Fe es", by the  Ministry of Economic Development 
of Georgia.  
 The import of medical agents are regulated by the following regulatory acts Law of Georgia 
on "Licensing of Entrepreneurial Activity and Bases of Issuing of Permission", "General 
Administrative Code of Georgia", the Law of Geor gia "on the Medical and Pharmaceutical Activity", 
the Law of Georgia on "Armament"; No. 582 of October 15, 1997 and No. 103 of March 13, 1999 – 
Decree of the President of Georgia regulating  "the Rules for Issuing Licences on Weapons for  G/LIC/N/3/GEO/2 
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 Military Purposes and Personal Weapons, Technical  Documentation, Activities of Weapon Industry 
Services, Trade in Weapons, Export Transit, Re-e xport and Import of Weapons", with attached 
provisions, and also by the manual of the Ministry of Justice of Georgia.   The Government of Georgia has no authorizati on to abolish the system without legislation 
amendments.  The abolishment of sy stem requires legislative changes. 
 Procedures
 
 6.  There are quantitative restrictions on imports  of poisons, narcotics and also those medical 
agents, which are under special control, the quotas of which are determined by the Ministry of 
Labour, Health and Social Affairs of Georgia, taki ng into account the requirements of the existing UN 
Convention.  I. The information is published in the official  Georgian agency of the press:  "Georgian 
legislative news". 
 II. The size of quotas on weapons and other milit ary equipment is determined by the Permanent 
Joint Committee of Military-Technical Issu es of the Council of National Security. 
  The Ministry of Health, Labour and Social Af fairs of Georgia determines the size of quotas 
on poisons and narcotic substances, as well as for Psychotropic materials. 
  The size of quotas for import of chemical facilities for plant protection is determined by the Ministry of Finance, Ministry of Agriculture a nd Food, Ministry of Economy and Ministry of Tax 
Revenue according to the joint Decree of the above-mentioned Ministries. 
 
 The size of quotas is determined on an annual basis.  If the size of quota is determined on an annual basis but licences are issued for imports on a six-monthly or quarterly basis, importers have to apply for a new licence. On Psychotropic materials si ze of quotas are determined on three years basis. 
 III. According to the Manual of the Ministry of Justice, importers may import the licensed 
commodities until the quotas determined by the Counc il of National Security are exhausted.  The 
names of importers to whom licences have been allocated are known to the executive branches of the 
government of Georgia, as well as export promotion bodies of the exporting countries.  IV. From the  time of announcing the opening of q uotas, a period of at least 30 days is allowed 
for the submission of application for licence. 
 V. The maximum period to obtain a licence is 3 days after the acceptance of the application. 
  The refusal or permission on importation of weapons, military equipment and techniques is 
granted in ten days after reception of the applica tion and the relevant documentation by the Ministry 
of Justice, which must include the recomme ndation of the Joint Permanent Commission of 
Military-Technical Issues of the Council of National Security.  VI. Importers are able to implement the importation as soon as they receive the licence.  
VII. The Permanent Joint Commission of Military-T echnical Issues of the Council of National 
Security considers the licence application on import of weapons, military equi pment and techniques.  
The recommendation of the above-mentioned Commission is compulsory for the granting of the import licence by the Ministry of Justice.  G/LIC/N/3/GEO/2 
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 VIII. There is no limitation on the granting of licences. 
 IX. The licence on import of weapons and military  equipment is necessary in spite of the 
existence of export permits that are issued by exporting countries. X. For products subject to special control in  exporting country, submission of permission is 
required in advance. 
 XI. There are no products for which licences ar e issued on condition that goods should be 
exported and not sold in the domestic market.  
7.(a) Application for a licence must be made 21 days prior to importation.  The permission should 
be issued in 3 days after receiving the decision.  Importer had the right to use permission after its entry into force.  Short-time licensing,  or licences for cargo which has already been 
delivered in port, is allowed only in excep tional cases according to the interests of the 
country. 
 
(b) Licences for importation of weapons, military  equipment and other techniques cannot be 
granted immediately upon request. 
 (c) There are no limitations specifying the period of the year during which application on import 
permission may be made. 
 
(d) Applications for licences for importation of weapons and military equipment must be 
considered by the Permanent Joint Commission of Military-Technical Issues of the Council of 
National Security, according to the recommendation of the Ministry of Justice, which considers the application during ten days.  The recommendation of the Permanent Joint 
Commission of Military-Technical Issues of the Council of National Security is not 
compulsory and can be granted only by the Ministry of Justice of Georgia. 
  The permission on importation of chemical facilities for plant protection, wild animals and birds, fish, bones of extinct animals, hooves, wild plants seeds of wood species of forest and similar 
materials, products of tobacco, industrial waste (t he import of non-toxic industrial wastes is allowed 
only for the purpose of industrial processing.  Import of toxic radioactive industrial wastes for the 
purpose of their utilisation, safe disposal, intermen t and any other purposes is prohibited), which is 
carried out by  the Ministry of Economic  Deve lopment requires visa and approval from the Ministry 
of Environment and Natural Resources and Ministry of Agriculture.  
 In all other cases, consideration of licen ce applications is carried out by a singly 
administrative organ.  8. The reasons for rejection of a licence may be the following:  (a) the documents presented by applicant do not fulfil the terms adopted by the local 
governmental bodies according to the relevant law; 
 (b) the applicant is seeking for the same permi ssion, which had been a bolished before making a 
new application and since the abolishment no 6 month period has been yet expired; 
 
(c) the validity of previously requested permissi on in the same sphere was temporarily suspended 
and the basis for this suspensi on has not been eliminated yet 
  In the case of (a), (c) and (e) – threat of ecological damage or public health protection.   G/LIC/N/3/GEO/2 
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  In the case of (d) security reasons. 
  The reasons for refusal are given to the appli cant in written form.  Applicant has the right to 
appeal for refusal in higher administrative organ or in the court.  
Eligibility of importers to apply for licence
 
 9.(a) Under restrictive licensing system – the e ligibility to apply for permission on importation of 
pharmaceuticals and narcotic and psychotropic ma terials have only (a) judicial persons who 
has the licence on this activity a nd (b) medical-research institutions. 
 
(b) Under non-restrictive system any pers on has the right to obtain a licence. 
 Documentational and other require ments for application for licence
 
 
10. The application should include the following 
  -  name of applicant;  - details of applicant;  - indication of details about the permission (duration; form);  - commodity description and quantity;  and 
 - exporting country. 
- if the applicant changes the above-mentione d information after receiving the permission 
they are obliged to inform the authorized body of  this fact within seven days after the changes 
had taken place. 
 
 The following documentation should be s ubmitted together with the application: 
  - the document confirming the payment of permission fees;  - import contract or transport invoice, consignment or customs declaration;  and  - note from a bank on existence of a bank account.  
 The list of documents which must be presente d by the applicant for obtaining a licence for 
importation of military equipment and other techniques are as follows:   -  recommendation of the Joint Commission of Military-Technical Issues of the Council of 
National Security; 
 -  application of legal or physical person; 
 -  signed contract or protocol of intention;  -  technical documentation of weapons fo r military purposes and personal weapons;  
permission on weapon industry, services, trade in weapons, transit, re-export and import of 
weapons, which is issued by the governmenta l institutions of those countries where the 
contracts were registered or the partic ipation at the protocol of intention; 
 -  in case of necessity the existence of the certificate of final consumer, if the person obtaining 
the licence is not the consumer himself; 
 -  the original of the certificate of final consumer, issued by import-involved institutions.  11. Upon actual importation it is required to present permission and documentation necessary for 
customs clearance. 
 12. The consideration of the application for obt aining a licence for the importation of weapons 
and other military techniques equipment and its issui ng are chargeable.  The amount is determined by 
the Ministry of Justice according to the Law of Georgia on "Prices and Pricing". G/LIC/N/3/GEO/2 
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 The products specified in cases (a), and (b)are free of charge.   The amount for licensing for products specifi ed in case (d) constitutes 0.1 per cent of the 
paid-in amount for the budget transmission. 
 
13. There is no advance payment.  Conditions of licensing
 
 
14. The licence is granted for the period of validit y of the contract, but no more than one calendar 
year.  The validity of a licence can be extended upon justified request of the applicant.  15. There are no penalties for the non-use of a licence.  
16. The issued licence cannot be transferred to another juridical person. 
 17. There are no other conditions att ached to the issue of a licence. 
 Other procedural requirements
 
 
18. There are no other administrative procedures for obtaining a licence. 
 19. The imported goods are automatically provided with foreign exchange by banking authorities. 
  The licence is not always required as a condition of obtaining foreign exchange.  Foreign 
exchange is always available to cover an issu ed licence.  There are no formalities for obtaining 
foreign exchange.  
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