WORLD TRADE
ORGANIZATIONG/LIC/N/3/USA/2
16 October 1998
(98-3984)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1
Notification under Article 7.3 of the Agreement on Import Licensing Procedures
UNITED STATES
The following notification, dated 1 October 1998, has been received from the Permanent Mission
of the United States.
                                                     
1 See document G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/USA/2
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Table of contents
Page
Department of Agriculture
1. Plants and plant products 3
2. Animals and animal products 4
3. Sugar 7
4. Certain dairy products 11
Department of Energy
5. Natural gas 15
Department of Interior
6. Fish and wildlife (incl uding endangered species) 18
Department of Justice
7. Controlled substances 22
Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms
8. Distilled spirits (beverages); wine and malt beverages 25
9. Distilled spirits for industrial use (including alcohol for fuel use) 27
10. Firearms and ammunition 28
11. Firearms, ammunition and implements of war 30
12. Explosives 31
Nuclear Regulatory Commission
13. Nuclear facilities and materials 33       G/ LIC/N/3/USA/2
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Department of Agriculture
1. Plants and plant products
Outline of system
1. Import permits are required for the importation of most plants and some plant products, to protect
against the introduction of pests and diseases.  Permits are also required for the import, export or
re-export of terrestrial plants that are on the endangered species list.  Permits are only issued to a firm or
individual resident in the United States.
Purposes and coverage of licensing
2. Permits are required for:
- plants and plant products for or capable of propagation;
- fruits and vegetables;
-g r a i n s ;
- certain cut flowers (roses, gardenia, lilac, camellia, rhododendron and azalea);- cotton and cotton covers;
- sugar cane bagasse;
- broom corn and straw;
- certain rice products;
- bags, bagging, brassware;- logs, lumber, other manufactured wood products;
- soil and quarry products;
- plants and plant products in transit through the United States.
3. The permit system applies to products coming from all countries with exceptions.4. The permit system is to protect against the entry of plant pests and diseases, and to protect
endangered plant species.
5. The permit system is a statutory requirement of the Plant Quarantine Act, 7 U.S.C. 154.  The law
specifies broad categories for the permit system.  The Endangered Species Act and the Convention on
International Trade in Endangered Species establish a permit system for certain plants on the endangeredspecies list.
Procedures
6. Not applicable.7. Permit applications are effected by one office, U.S. Department of Agriculture, Permit Section,
Unit 136, 4700 River Road, Riverdale, Maryland 20782-1236.  Most applications are not passed on to
other offices for visas, note or approval, and the importer does not have to approach more than one
administrative organ.  The exception to this are the permit applications for soil and for plants required tobe grown in post-entry quarantine.
8. There are no circumstances other than failure to meet standard criteria under which a permit may
be refused.  Reasons for refusal are given to the applicant.  No appeal procedures are specified in the
legislation.G/LIC/N/3/USA/2
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Eligibility of importers to apply for licence
9. All persons, firms and institutions resident in th e United States are eligible to apply for licences.
There is no registration fee.  There is no published list of authorized importers.  There is a US$70.00 fee
for plants and plant products regulated by CITES.
Documentational and other requirements for application for licence
10. The information required in applications is set forth in the PPQ Form 587 (for plants and plant
products), 588 (application for prohibited material), and PPQ 621 for endangered plants.  Plants and plant
products in transit through the United States require  a PPQ Form 586.  Applications to import soil are
contained in PPQ Form 525.
11. For all plants and some plant products, a phytosanitary certificate must accompany the shipment.
Endangered species have special documentation requirements.
12. There is no licensing fee or administrative charge for permits other than the US$70.00 fee per
permit for commercial trade in endangered plants.
13. No deposit or advance payment is required in connection with the issue of permits.Conditions of licensing
14. Permits are valid for specified periods of time, and they can be extended by re-application.  The
permit for endangered or threatened plants is valid for two years.
15. There is no penalty for non-utilization of a permit.
16. Permits are not transferable between importers.
17. There are no other conditions attached to the issu ance of a permit other than for plants requiring
post-entry growing.
Other procedural requirements
18. There are no other administrative procedures required prior to importation.19. Not applicable.
Department of Agriculture
2. Animals and animal products
Outline of  system
1. Import permits are required for the importation of certain animals and animal products, organisms
and vectors, and veterinary biological products, to protect U.S. livestock and poultry against the
introduction of diseases that do not exist in the United States.       G/ LIC/N/3/USA/2
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Purposes and coverage of licensing
2. Permits are required for:
- domestic farm livestock and other species that may carry diseases that could affect U.S.
livestock and poultry;
- certain animal (livestock) derived products for any reason, commercial or research uses;
- poultry and hatching eggs and other avian species;
- animal and avian specimens, tissues or blood products;
- materials that have been exposed to animal products capable of contamination with
disease agents;
- samples of dairy products, hay, straw, grasses etc. for scientific uses from countries
considered to be affected with diseases such as foot-and-mouth disease (FMD);
- germplasm - semen and embryos (livestock);
- organisms that affect livestock and avian species and various vectors of such organisms;
and
- veterinary biological products including seeds and substrates.
3. The permit system applies to animals coming from all countries (except for Canada and Mexico)
with some variation resulting from the species and country of origin's disease status.  Permits for products
apply to all countries depending on disease status and type of product.
4. The permit system is not used to restrict the quantity or value of imports, but only to protect
domestic agriculture from the introduction or entry of animal diseases or disease vectors.
5. The permit system is not a statutory requirement except for veterinary biological products permits.
The pertinent regulations are contained in Title 9 C.F.R., Parts 92, 94.7, 94.16, 95.4, 95.18, 95.19, 95.20
through 98, 104 and 122;  and in the following laws as codified:  21 U.S.C-102 to 105, 111, 134, 135,151-159 and 19 U.S.C-1306.
Procedures
6. Not applicable.7. (a) The amount of time in advance of importation within which a permit must be applied for is not
specified in the regulations.
(b) A permit cannot be granted immediately upon request.  Prior review of the application is
required.
(c) There are no limitations as to the period of the year during which permit applications may be
made.
(d) Permit applications are effected by one office.  The application is not passed on to other offices
for visa, note or approval, and the importer does not have to approach more than one administrativeoffice.
8. In general, there are no circumstances other than failure to meet ordinary criteria under which a
permit may be refused.  In the case of live animals or animal products, poultry, or birds, a permit for a
particular time period could be refused if space at a Quarantine Station is not available.  An outbreak of aparticular disease in the exporting country could be a cause to revoke a permit which was issued prior toG/LIC/N/3/USA/2
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the disease outbreak;  for example, African Horse Sickness in Spain, Hog Cholera in Europe and Bovine
Spongiform Encephalopathy (BSE) in Europe.  Reasons fo r refusal are given to the applicant.  No appeal
procedures are specified in the legislation or regulations.
Eligibility of importers to apply for licence
9. All persons, firms and institutions in the United States are eligible to apply for permits.  There is
no published list of authorized importers.
Documentational and other requirements for application for licence
10. The information required in applications is set forth in VS forms 16-3 and 16-7, 17-129, 17-128
and APHIS form 2005.
11. In the case of live animals and birds, the original and copies of the import permits must
accompany the shipment as well as a health certificate issued by the national veterinary services of the
country of origin.  Copies of the import permit shou ld also accompany animal products and organism and
vector shipments, and shipments of veterinary biological products.
12. There are import-related user fees associated with permit application review, inspections required
for imports, testing and quarantines.  Facilities manufacturing veterinary biologicals for importation are
inspected under cooperative service agreements.
13. Reservation fees for quarantine space are required for live animals and birds.  The amount of the
fee varies according to the animal and the bird.
Conditions of licensing
14. Permits for animal products and organisms and vectors vary in length of their validity, but are
generally for about one year.  Permits for live animals and birds are valid for seven to 60 days, depending
on the species.  Permits for veterinary biological products for importation for distribution and sale do not
have expiration dates.
15. There is no penalty for non-utilization of a permit.  Application user fees and quarantine
reservation fees are not refundable.
16. Permits are not transferable between importers.17. There are no conditions attached to the issuance of a permit.  The applicant must comply with the
terms of the permit.  The importer certifies that the information on the application is accurate.
Other procedural requirements
18. There are no other administrative procedures required prior to importation.
19. Not applicable.       G/ LIC/N/3/USA/2
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Department of Agriculture
3. Sugar
Outline of system
1. Additional U.S. note 5 to Chapter 17 of the Harmonized Tariff Schedule of the United States
(HTS) established by Presidential Proclamation 6763 of December 1994, authorizes the Secretary of
Agriculture to establish, for each fiscal year, the quan tity of sugars and syrups that may be entered at the
lower tariff rates of tariff-rate quotas.  The tariff-rate quotas cover sugars and syrups described in HTS
subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.90 and 2106.90.  This authority was proclaimed
to implement the results of the Uruguay Round of multilateral trade negotiations as reflected in the
provisions of Schedule XX (United States), annexed to the Agreement Establishing the World Trade
Organization.
Under the raw cane sugar tariff-rate quota (TRQ) administration, the Secretary of Agriculture
establishes the TRQ quantity that can be entered at the lower tier of import duty rates, and the United
States Trade Representative (USTR) allocates this quantity among the 40 eligible sugar-exporting
countries.  The quantities allocated to beneficiary countries under the Generalized System of Preferences(GSP), the Caribbean Basin Initiative (CBI) and Andean Trade Initiative receive duty-free treatment.
Certificates of Quota Eligibility (CQE) are issued to the exporting countries and must be executed and
returned with the shipment of sugar in order to receive in-quota tariff treatment.  Regulations governing
the Certificate of Quota Eligibility programme are published in Title 15, Part 2011 of the Code of Federal
Regulations.
Purposes and coverage of licensing
2. The products covered by the certificate of eligibility are sugars, syrups and molasses described in
HTS 1701.01.10. Speciality sugar certificates are issued for those sugars with a polarity greater than 99.5degrees in HTS 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10 and 2106.90.44 which (1) are defined in
15 CFR and (2) require no further processing.  Licences are issued for sugars not to be further processed
under HTS 1701.11.20 which are:  (1) used for the production, other than by distillation, of polyhydric
alcohol except that used as a substitute for sugar in  human food, (2) re-exported in refined form in sugar-
containing products, or (3) re-exported in refined form.
3. The CQE system applies to those countries from which sugar is imported under the tariff-rate
quota.  Certificates for imports of speciality sugars apply to exports from all countries.  Licences for sugar
for production of polyhydric alcohol or re-export of sugar or sugar containing products are applicable to
imports of sugar from all countries.
4. The purpose of the certificate of eligibility is to provide exporters access to the U.S. domestic
market at low-tier tariff.  The purpose of the certific ate for speciality sugar is to allow entry of certain
refined sugars used for specialized purposes, such as ethnic market demand and gourmet specialities.
Licences for quota-exempt sugar are intended to increase the utilization of excess domestic refining
capacity and improve employment in refining and related industries.
5. The certificates of quota eligibility are issued under 15 CFR 2011, Sub-part A.  Certificates for
speciality sugar are issued pursuant to 15 CFR 2011, Sub-part B.  The regulations governing licences for
the importation of sugar exempt from quota are under 7 CFR 1530.  Authority exists to suspend each of
these systems whenever it is determined that such action is appropriate.  Notice of such suspension shall
be published in the Federal Register.G/LIC/N/3/USA/2
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Procedures
6. I. Information on the allocation of TRQ quantities and on the certificates and licensing
system is published in the Federal Register, press releases from the Office of the United
States Trade Representative, and reports from the United States Department of
Agriculture.
II. The sugar tariff-rate quota for raw and refined sugar (including speciality sugar) is
determined annually by the Secretary of Agriculture and announced before the fiscal year
for which the TRQ will be in effect.  Certificates of quota eligibility are issued by the
Secretary of Agriculture to countries to coincide with the applicable TRQ year.
Certificates for importing speciality sugars are likewise issued to importers to coincide
with the TRQ year.  Licences issued for the re-export sugar and polyhydric alcohol arenot subject to the TRQ year limitations.
III. Governments of countries participating in the certificate system in turn execute and issue
these certificates to a shipper or consignee of a cargo of sugar destined for the United
States.  Sugar is allowed entry into the United States at the low-tier tariff rate only if avalid and properly executed certificate of quota eligibility is presented at time of entry to
the appropriate customs official.
Certificates for speciality sugar are issued for imports by the United States Department of
Agriculture, Foreign Agricultural Service if sufficient evidence has been provided tomake a reasonable determination that the sugar fits the definition of speciality sugar.
Importers must apply for certificates for speciality sugar each year.  The certificate is
presented to the appropriate customs official at the time of entry.
Licences for sugar imports exempt from TRQs are issued to United States sugar refiners,
and manufacturers of polyhydric alcohol.  A summary of transactions form (balance sheet
showing charges and credits under the licence) must be presented to the appropriate
customs official at the time of entry along with a licence.
IV-VI. Not applicable.VII. The United States Department of Agriculture administers the licensing and certificate
systems.
VIII. The certifying authority designated by the participating country issues certificates of
eligibility to the shipper or consignee of sugar.  The maximum quantity of sugar to be
shipped with each certificate shall not exceed 10,000 short tonnes.  Speciality sugarcertificates are issued to importers on a first-come-first-served basis.  The certificate may
cover more than one type of refined speciality sugar.  Issuance of a certificate does not
guarantee entry at the low-tier rate if th e speciality sugar TRQ is already filled.
However, an unlimited number of shipments may enter until the TRQ is fully subscribed.
The maximum licence balance of sugar that can be entered under a quota-exempt licence
for re-export in refined form cannot exceed 50,000 metric tonnes at any time unless
specifically authorized by the Licensing Authority.  As sugar is re-exported, however, a
quantitative amount may be imported equal to the amount that has been re-exported.
Licences issued for the importation of quota-exempt sugar for the production ofpolyhydric alcohol do not require renewal.  The maximum amount of sugar which may       G/ LIC/N/3/USA/2
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be entered under the licence cannot exceed the anticipated requirements of the
manufacturer.
Licences are issued to sugar-containing-products manufacturers for obtaining quota-
exempt refined sugar to be used for re-export in sugar-containing products.  The
maximum amount which may be transferred under an import licence is 10,000 shorttonnes of sugar.
IX-XI. Not applicable.
7. Not applicable.8. There are no provisions for refusing to issue certificates of eligibility, certificates for importing
speciality sugars, or licences for importing quota-exempt sugar other than failure to meet the ordinary
criteria.
Eligibility of importers to apply for licence
9. All domestic importers are eligible to apply for certificates for speciality sugars.  Only United
States refiners and United States manufacturers of polyhydric alcohol can apply for licences to import
quota-exempt sugar.  Import agents may be employed to import or export quota-exempt sugar.  Domestic
manufacturers are eligible to apply for licensing in the sugar-containing products re-export programme.
There is no published list of authorized importers.
Documentational and other requirements for application for licence
10. Each certificate of eligibility must be numbered and identified by the foreign country and must
provide the following information:  (1) quantity eligible to be entered;  (2) name of shipper;  (3) name of
vessel; and  (4) port of loading.  The following information may also be included (if known):  the name
and address of consignee; expected date of departure; expected date of arrival in the United States;  and
expected port(s) of arrival in the United States.
Refiners wishing to apply for licences to import sugar for re-export in refined form must apply in
writing.  Their application must include:  (1) name and address of the applicant;  (2) licence amount
requested (not to exceed 50,000 metric tonnes); (3) polarity; (4) name of firm that will establish aperformance bond in favour of the United States Government on behalf of the applicant, if such firm is
not the applicant;  and (5) anticipated date of entry of sugar and export of refined sugar (if known).  The
licence holder shall submit a certified statement of the weight of the imported sugar to be charged to the
licence.
Manufacturers applying for a licence in the sugar-containing products re-export programme must
apply in writing.  Their letter of application must include:  (1) name and address of the applicant; licence
amount requested (not to exceed 10,000 short tonnes);  (2) HTS number and description of sugar to be
imported or transferred;  (3) name of firm (if known) that will establish a performance bond in favour of
the United States Government on behalf of the applicant;  (4) the name(s) of anticipated refinery fromwhich processed non-quota sugar will be received (if known);  and (5) a description of sugar-containing
products to be exported (if known) and the estimated sugar content of such products.
Only manufacturers of polyhydric alcohol are eligible to receive licences to import sugar for use in
the manufacture of polyhydric alcohol.  Applications for such licences must contain the following:  (1)
the name and address of the manufacturer;  (2) statement of anticipated requirements of the manufacturerG/LIC/N/3/USA/2
Page 10
for sugar to be used in the production of polyhydric alcohol;  (3) anticipated amount of sugar to be
imported during the specific effective period;  (4) the name of the person that will establish a performance
bond in favour of the U.S. Government on behalf of the applicant; and (5) certification that the
manufacturer shall use the quantity of sugar imported solely for the production, other than by distillation,
of polyhydric alcohol, except polyhydric alcohol imported for use as a substitute for sugar in human food
consumption.
Applications for certificates to import speciality sugar(s) must be in writing and must provide the
following information:  (1) name and address of ap plicant; (2) anticipated quantity of imports;  (3) the
appropriate six-digit HTS number;  (4) a description of the speciality sugar(s) expected to be imported
during the period of the certificate, including the manufacturers' or exporters' usual trade name or
designation and use of such speciality sugar;  (5) sufficient evidence that it is a speciality sugar(s);
anticipated consumers (if known) at time of application;  and  anticipated date of entry (if known).
11. TRQ sugar entered from countries that participate in the certificate system must be accompanied
by a certificate of quota eligibility which has been signed by the certifying authority in the country of
origin and affixed with a seal or form of authentication.
A certificate issued from the Department of Agriculture authorizing the importation of speciality
sugar(s) must be presented to the appropriate customs official at the time of entry.
Licences issued by the Department of Agricultu re for entry of sugar exempt from quota for
re-export in refined form, for the production of polyhydric alcohol must be presented to the appropriatecustoms official at the time of entry.
12. No.13. To enter the United States, sugar exempt from the TRQ and entering under licence must meet all
the applicable customs bond requirements and be subject to a performance bond.  No bond is required for
any sugar entered for which an equal quantity of the su gar has been exported prior to the date of entry or
transfer of the sugar, and which has been credited to the licence.  A bond may cover imports or transfers
made during the period specific in the bond (term bond).  Only the refiner who imports the sugar or the
manufacturers who will use it may be the principal on a bond to cover such sugar to be imported or
transferred.  The amount of bond for sugar entering exempt from quota shall be US$0.20 per pound of the
sugar entered under licence and not to exceed the licence limit.
The appropriate customs official will release the obligation under bond for sugar imported by an
amount computed in the preceding manner for a corresponding quantity of sugar credited to the licence as
having been exported in refined form or transferred in refined form to a licenced manufacturer
participating in the sugar-containing product re-export programme.  The Department of Agriculturereleases the obligation under bond for sugar transferred when a corresponding quantity of sugar is re-
exported in sugar-containing products.
Customs releases the obligation under bond for sugar used in the production of polyhydric
alcohol when a certificate of use has been filed within one month after the use of the sugar indicating thatthe sugar was used for the production of polyhydric alcohol.
Under the re-export programme for refined sugar, if  the licence holder fails to export (or transfer
to a licence holder under the sugar-containing product re-export programme) a quantity of sugar equal to
the amount of sugar imported under licence within three months of the date of entry, payment shall bemade to the United States under the bond equal to the amount of sugar not offset by exportation.  Under       G/ LIC/N/3/USA/2
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the re-export programme for sugar-containing products, if a licence holder fails to export within 18
months of the date of a licence transfer, payment shall be made equal to the monetary amount of sugar not
offset by timely export.  Failure to use the total amount of sugar for production of polyhydric alcohol
within 180 days of entry will require payment covering the quantity of sugar not used for the stated
purpose.
Conditions of licensing
14. The certificates of eligibility are valid only for the quota period for which they are issued.  Under
the sugar-containing products re-export programme, the licences issued will expire upon written notice to
the licence holders by the Licensing Authority. A certif icate for speciality sugar is valid only for the TRQ
year in which it is used.
15. There is no penalty for non-utilization.
16. Only licences issued for re-exporting sugar in refined form can be transferred with the written
permission of the Department of Agriculture provided that the refiner does not have a licence.  If an entry
of sugar is made by an agent of the licence holder, the agent shall produce for inspection to a U.S.Customs official a written authorization by the licence holder designating such a person to act as his/her
agent for the purpose of entering sugar.
17. There are no other conditions attached to issuing certificates
Other procedural requirements
18. No other procedures are required.
19. Not applicable.
Department of Agriculture
4. Certain dairy products
Outline of system
1. Presidential Proclamation 6763 of 23 December 1994 modified the Harmonized Tariff Schedule
of the United States (HTS) in various ways that affected the import system for certain dairy products.
The Proclamation terminated quantitative restrictions that had been imposed pursuant to section 22 of the
Agricultural Adjustment Act of 1933, as amended (U.S.C . 624);  proclaimed tariff-rate quotas (TRQs) for
such articles pursuant to P.L. 103-465;  and specified which imports of dairy articles may require import
licences issued in accordance with the terms and conditions in regulations issued by the Secretary ofAgriculture.
Purposes and coverage of licensing
2. The licensing system covers the following dairy commodities as defined in the Additional U.S.
notes to Chapter 4 of the HTS:  butter and fresh or sour cream containing over 45 per cent by weight of
butterfat (note 6);  dried skim milk (note 7);  dried whole milk (note 8);  dried buttermilk and whey
(note 12);  butter substitutes (note 14);  other cheese, NSPF (note 16);  blue-mold cheese (note 17);
Cheddar cheese (note 18);  American cheese other than Cheddar (note 19);  Edam and Gouda cheeseG/LIC/N/3/USA/2
Page 12
(note 20);  Italian-type cheese (note 21);  Gruyere-process cheese (note 22);  low-fat cheese (note 23);
and Swiss/Emmenthaler cheese (note 25).
3. The licensing system applies to dairy products coming from all supplying countries.4. The licensing system is an administrative tool which governs the importation of certain dairy
products which are subject to TRQs resulting from entry into force of the Uruguay Round Agreement.
Under the TRQ system, the in-quota quantity of im ports enters at the low-tier tariff rate, and the
over-quota quantity enters at the high-tier tariff rate.  Dairy articles subject to licensing cannot enter at the
in-quota rate unless such imports are accompanied by a licence.  An article may be entered only in the
name of the licencee, or the licencee's agent acting in the licencee's name under the power of attorney,
and the quantity entered must be owned by the licencee on the date of entry, and must be charged against
the licence in effect.  The licensing system was originally implemented as a requirement of PresidentialProclamation 3019 for the purpose of providing for an equitable distribution of trade in dairy products
covered by Section 22 quotas among importers, users, and supplying countries.  Under a TRQ system,
licensing serves the same trade-stabilizing and equity purposes.
5. The licensing system is not a statutory requirement.  The authority to make such allocations was
delegated to the Secretary of Agriculture by Presidential Proclamation 3019 of 8 June 1953.
Procedures
6. I. The procedures for submitting licence applications, eligibility criteria, licence use
requirements and other provisions of the regulation are codified in 7 CFR 6.20-6.36.  The
application forms, which are readily available from the Department, provide complete
information on the TRQs and allocations by supplying country.  Limitations on the size
of individual licences are in the regulation.  An Advanced Notice of Proposed Rule
making was published in the Federal Register on 2 June 1994 seeking comments onmethods for allocating Uruguay Round TRQs through the year 2000, and comments on
updating or improving the existing regulation.  On 6 January 1995 and 2 May 1995,
notices were published in the Federal Register amending the Import Regulation to
implement those U.S. Uruguay Round commitments for 1995.  The Department
published the final rule on dairy tariff-rate quota licensing in the Federal Register on
9 October 1996.
II. Under the Uruguay Round Agreement, the in-quota TRQ quantities will be increased
annually from 1995 to 2000 as a result of the Uruguay Round market access negotiations
and the implementation schedule is included in GATT Schedule XX - United States of
America.  Licence applications must be submitted annually during the application period
specified in the Import Regulation.  Licences are issued on 1 January of each year and arevalid for 12 months.  For those countries which did not begin to implement their Uruguay
Round commitments until 1 July 1995, the United States did not issue licences for the
1995 Uruguay Round increments until 1 July.
III. Licences are allocated to importers of dairy products regardless of whether they are
producers of like products.  Unused allocations may not be added to the allocation of the
succeeding year.  The Import Regulation requires that licencees must utilize a specified
percentage of licences issued and must voluntarily surrender unused amounts which are
then reallocated to other eligible licencees through an application process.  A list of
names of licenced importers is mailed to all licencees each year.  The list is availableupon request.       G/ LIC/N/3/USA/2
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IV. When a new quota for a dairy product is announced, the applicants have at least 30 days
after the announcement of application procedures to submit applications and supporting
documentation.
V. Applications are processed as quickly as possible after they are received to determine if
the eligibility criteria in the Import Regulations are met.  In general, over 300
applications are reviewed and the application process is completed within five weeks.
VI. Licences are issued for use beginning 1 January and generally issued in the last two
weeks of December.
VII. Only the Import Licensing Group, Foreign Agricultural Service, United States
Department of Agriculture, considers licence applications on dairy products.
VIII. If demand for licences exceeds licence availability, licences are issued to:
- historical licencees each year for the same volume of imports from the same
supplying countries provided applications are submitted, and the eligibility
criteria, licence use provisions, and other requirements of the Import Regulation
are met;
- designated licences are issued annually for certain cheese articles to eligible
applicants who are designated by the government of the country of origin as
preferred importers.  Any quantities available for designation which are not
designated will be transferred to the non-historical (lottery) licence pool;
- non-historical (lottery) licences are issued annually through a random lottery
system.  Licences received for a specific cheese or non-cheese dairy product are
not renewable in the following year.  Eligible applicants may apply annually for a
licence.
IX. Export permits from foreign countries are not required.X. Same as above.XI. Pursuant to General Note 15 of the HTS, in-quota quantities of TRQ imports may be
imported which will not enter the commerce of the United States which are imported as
samples for taking orders, for exhibition, display or sampling at a trade fair, for research,
for use by embassies of foreign governments or for testing of equipment, provided that
written approval of the Secretary of Agriculture or his designated representative is
presented at the time of entry.  The Licensing Authority issues ex-quota permits for these
entries after careful review of applications and documentation as requested.
7. At the over-TRQ rates, no dairy import licences are required and there are no limitations
regarding quantity.
8. The circumstances under which an application for a licence may be refused other than failure to
meet the ordinary criteria is failure to complete the application form and submit the full documentation
requested within the application deadline period.  Reasons for refusal to accept an application may begiven to applicants upon request.  There are no rights of appeal.G/LIC/N/3/USA/2
Page 14
Eligibility of importers to apply for licence
9. Importers or manufacturers of dairy products are eligible to apply for import licences if they meet
the performance criteria set forth in the Import Regulation with respect to the quantity of imports entered
in a previous 12-month period (1 September-31 August), and for manufacturers the specified level ofdairy production in a previous 12-month period.  In addition, manufacturers must be listed in USDA's
"Dairy Plants Surveyed".  For the 1995 quota year, exporters of dairy products were eligible to apply for
non-historical (lottery) licences for non-cheese dairy products provided that documentation was provided
that exports of dairy products exceeded specified quantities in a previous 12-month period.  The required
documentation providing proof of importation must be submitted with application forms.  Historical
licence eligibility is established primarily on the basis of proof of importation of the item, for which
application for licence is made, during a specified representative period.
Documentational and other requirements for application for licence
10. The information required in applications is set forth in the Dairy Tariff-Rate Quota Import
Licensing Regulation.  FAS forms  923, 923A and 923B and required to be submitted including copies ofentry and/or export summaries or in the case of manufacturers on being listed in the Dairy Plants
Approved Bulletin.
11. At the time of the actual importation, a licence number and control number, which corresponds to
the importer’s IRS number, a through bill of lading a nd an invoice must be presented to the Port Director
of Customs at the port where entry is made.
12-13. As of 1 January 1986, a fee has been charged for or associated with the issuance of licences.
For 1999, a fee of US$158.00 is being charged.
14. Licences are valid from 1 January through 31 December.  Licence validity cannot be extended
into the next quota year.
15. Licencees who anticipate not meeting the 85 per cent utilization requirement may voluntarily
surrender unused amounts by 1 October or  that li cence will be cancelled the following year.  For
historical licences, less than 85 percent utilization will result in permanent loss of that licence, the
resulting TRQ quantity being moved to the lottery pool. Licence quantities which are surrendered arereissued to other licencees who apply for unused  licence shares following an announcement by the
Licensing Authority.  Such licences are issued through a random lottery process.  Historical licence TRQ
quantities can also be reduced if the licencee surrenders his import licence for three consecutive years.
Revocation of any licence may be appealed within 30 days of the notification of revocation.
16. Licences are not transferable between importers.
17.  No other conditions are attached to the issuance of a licence.Other procedural requirements
18. All food imports are subject to the requirements of the Food, Drug and Cosmetic Act and the Fair
Packaging and Labelling Act, including sanitation and labelling requirements, and milk products are
subject as well to the Federal Import Milk Act.  These requirements are administered by the Food and
Drug Administration (FDA).  The importation of certai n dairy products is regulated by both FDA and the       G/ LIC/N/3/USA/2
Page 15
Animal and Plant Health Inspection Service (APHIS).  Importers should contact FDA in regard to FDA
requirements and APHIS in regard to APHIS requirements.
19. Not applicable.
Department of Energy
5. Natural gas2
Outline of system
1. Imports of natural gas, whether by pipeline or as liquefied natural gas (LNG), are regulated under
Section 3 of the Natural Gas Act (NGA) (15 U.S.C. 717b), which provides that "no person shall ... import
any natural gas from a foreign country without first having secured an order ... authorizing it to do so".
Section 3 also provides that such orders shall be issued unless, after opportunity for hearing, it is found
that the proposed importation will not be consistent with the public interest.  Authority over imports of
natural gas rests with the Secretary of Energy.  The Secretary has delegated the authority to "authorize"
the import to the Assistant Secretary of Fossil En ergy (FE) (Delegation Or ders Nos. 0204-111 (49 FR
6690, 22 February 1984) and 0204-127 (54 FR 11436, 20 March 1989)).
In addition, the Secretary has delegated authority to the Federal Energy Regulatory Commission
(FERC) to regulate the imported natural gas within the domestic gas system (Delegation Order
No. 0204-112 (49 FR 6690, 22 February 1984)).  FERC responsibility includes the functions of approval
or disapproval of the construction and operation of particular facilities, the site at which such facilitiesshall be located, and, with respect to natural gas that involves the construction of new domestic facilities,
the place of entry.
On 24 October 1992, the Energy Policy Act of 1992 (EPACT) was enacted.  Section 201 of
EPACT amends Section 3 of the NGA by eliminating the Department of Energy's (DOE) need to make apublic interest finding for natural gas imports from "a nation with which there is in effect a free trade
agreement requiring national treatment for trade in na tural gas", and for imports of liquefied natural gas
(LNG).  Therefore, natural gas (and LNG) imports between the United States and other countries with
which the United States has a free trade agreement are "deemed to be consistent with the public interest,
and applications for such importation shall be granted without modification or delay".
Currently, virtually all natural gas import applications filed with DOE are reviewed under
EPACT standards.  DOE is not required to evaluate these applications to determine whether they are "in
the public interest".  Because DOE's discretionary authority has been eliminated by EPACT in these
cases, there is no longer a need to initiate public proceedings or to solicit public comments.  Rather, after
these import applications are reviewed for completeness and legal sufficiency, DOE prepares and issues
authorizations as requested.  Orders granting authorizations are required in these cases, but applicationstake less time to process than cases which do not fall under EPACT.
                                                     
     2A copy of each of the following is available for consultation in the Secretariat:
- Natural Gas Act of 21 June 1938, as amended;- How to Obtain Authorization to Import or Export Natural Gas (4 October 1993);- Procedures for Filing and Processing an Application before the Office of Fossil Energy for
Authorization to Export/Import Natural Gas under Section 3 of the Natural Gas Act;
- New Policy Guidelines and Delegation Orders on the Regulation of Imported Natural Gas
(17 February 1984).G/LIC/N/3/USA/2
Page 16
Purposes and coverage of licensing
2. The products covered are natural gas and liquefied natural gas (LNG).
3. The system applies to goods originating from any country, but predominately Canada and
Algeria.
4. The licensing is not intended to restrict the quantity or value of natural gas imports.5. See response to Question 1.Procedures
6. Not applicable.7.(a) DOE regulations (10 C.F.R. Part 590) specify that an applicant for a natural gas import
authorization should apply 90 days prior to the anticipated date for start-up of the import.  However, theissuance of an import authorization normally takes less than two weeks if reviewed under EPACT
standards.
(b) An authorization to import natural gas can be granted as soon as an applicant has filed a legally
sufficient application, and as soon as that application is reviewed and processed.
(c) There are no limitations as to the period of the year during which an application for authorization
to import natural gas may be made.
(d) Licensing applications are considered by a single administrative organ, the Office of Fossil
Energy, U.S. Department of Energy, the Fore stal Building, 1,000 Independence Avenue, S.W.,
Washington D.C. 20585.
8. There are no circumstances under which an import authorization can be refused, as long as an
applicant has submitted a legally sufficient application.  Information which must be contained in the
application is specified in 10 C.F.R. 590.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are eligible to apply for authorization to import natural gas.
Traditionally, entities applying for such authorizations have been natural gas pipeline companies, natural
gas producers, natural gas marketers and utility companies.
Documentational and other requirements for application for licence
10. Import authorization proceedings are initiated by the filing of an application.  The application is
not a standard form but rather an individual docume nt incorporating basic information about the proposed
import arrangement, and exhibits required by the rules covering such applications set forth in DOE
regulation (10 C.F.R. Part 590).  EPACT has necessitated creation of a bifurcated process in the manner
in which DOE reviews applications to import natural gas.  Applications which involve gas imports with
nations with which the United States has a free trade agreement must be granted by DOE "without
modification or delay".  As a result, DOE's action of issuing such import authorizations is ministerial innature.       G/ LIC/N/3/USA/2
Page 17
However, for applications involving gas imports with nations with which the United States does
not have a free trade agreement requiring national treatment for trade in natural gas, DOE must determine
whether the import proposal is "in the public interest".  Those applications are subject to theadministrative procedures specified in 10 C.F.R. Part 590.
Import applications not affected by EPACT - Natural gas import applications not affected by EPACT, that
is, those cases which involve imports from a nation with which the United States does not have a free
trade agreement requiring national treatment for tr ade in natural gas, are subject to procedural
requirements found in 10 C.F.R. Part 590.  After receipt of an application, DOE provides public notice of
the filing in the Federal Register and solicits comments on the proposed import.  Depending upon the
response to the notice and intervention by interested parties, DOE may act on the application
immediately, or may institute further proceedings.  An opportunity to request these additional proceedings
must be provided to the parties before an application can be denied.
DOE's review of these import applications is guided by Delegation Order No. 0204-111 and
certain natural gas import policy guidelines issued in February 1984 by the Secretary of Energy.  the
Delegation Order specifies that the regulation of imports shall be based on matters appropriate to eachparticular case, including:
(1) the competitiveness of the import;
(2) the need for the gas;  and
(3) security of the supply.
With respect to the competitiveness of a proposed  import, the applicant must demonstrate that the
provisions of the arrangement are flexible enough to ensure continued competitiveness over the duration
of the import, including flexibility to meet changi ng market conditions.  If the import arrangement is
considered competitive, a presumption is made that th ere is a need for  this supply in the proposed market
area.  With regard to security of the supply, the policy guidelines provide that reference will be made to
the historical reliability of the supplier as a source of natural gas for the United States.
11. There is no application form.  The application takes the form of a written petition which must
contain the information specified in the regulation (10 C.F.R. Part 590).
12. A filing fee of US$50.00 is charged for each application.13. There is no deposit or advance payment requirement associated with the issuance of an order to
import natural gas.
Conditions of licensing
14. The duration of a natural gas import authorization usually is specified in the Opinion and Order
issued by DOE, and depends upon the particular circumstances of the import arrangement.  An import
authorization can be extended upon application to DOE.
15. There is no penalty for non-utilization of an order to import natural gas.
16. Authorizations to import natural gas are not transferable between importers.17. No.G/LIC/N/3/USA/2
Page 18
Other procedural requirements
18. Each import authorization order requires natural gas importers to report sales information
quarterly to DOE.  Information reported includes volume, price, names of sellers and buyers, and other
details of the import transactions.
19. Not applicable.
Department of Interior
6. Fish and wildlife (including endangered species)
Outline of system
1. On 25 August 1980, the Service published final rules revising 50 CFR Part 14 (Importation,
Exportation, and Transportation of Wildlife) to impl ement provisions of a number of wildlife laws
enforced by the Service.  As part of that rulemaking and under authority of the Endangered Species Act of
1973 (ESA), an import/export licence requirement wa s imposed on any person who engages in business
as an importer or exporter of fish or wildlife unless that person imports or exports certain exceptedwildlife or falls within one of the categories of persons excepted from the requirement by the rules.  The
licensing provision was promulgated under section 9( d) of the ESA [16 U.S.C. 1538(d)] which provides
that it is illegal for any person to engage in business as an importer or exporter of fish or wildlife (other
than certain shellfish or fishery products) without first having obtained permission from the Secretary of
the Interior.  On 24 March 1974, the Service had published a notice granting temporary permission to allpersons needing it.  The import/export licence was proposed on 27 March 1978.  After two comment
periods and two public hearings the Service retained the licence requirement with certain exceptions in
the final rules.  The licence requirement went into effect on 1 January 1981.  On 27 January 1989, after
publication of the proposed rule and comment period, the Service published a final rule amending the
previous import/export licensing, inspection and billing procedures, which became effective on that date.
The licence requirement is found at 50 CFR 14.91-93.  Licencees must:(1) pay US$125 per year;
(2) pay an inspection fee of US$25 for each shipment, at, or prior to, the inspection;
(3) importers or exporters of wildlife will pay fees for actual costs of inspections conducted
at special times or locations at the shipper's request;
(4) keep certain records and retain them for five years;
(5) allow Service inspection of records and inventories of imported wildlife;  and
(6) file any requested reports.
Exceptions to the licence requirement are found at 50 CFR 14.92.  Certain persons excepted from
the licence requirement by 50 CFR 14.92(b) must still comp ly with the requirements of section 9(d) of the
ESA, which are to:
(1) keep records which fully and correctly disclose each importation or exportation of
wildlife by them;
(2) keep records which fully and correctly disclose the subsequent disposition by them of the
imported or exported wildlife;  and
(3) allow Service inspection of records and inventories of imported wildlife.       G/ LIC/N/3/USA/2
Page 19
Purposes and coverage of licensing
2. The licensing system covers all "wildlife" which by regulation means the same as "fish or
wildlife", which is defined by 50 CFR 10.12 as follows:
The term "fish or wildlife" means any wild mammal, whether alive or dead, including without
limitation any wild animal, bird, reptile, amphibian, fish, mollusc, crustacean, arthropod,
coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and
including any part, product, egg, or offspring thereof.
3. The licensing system applies to any person who "engages in business as an importer or exporter
of wildlife".  That phrase means for a person to devote time, attention, labour or effort to any activity for
gain or profit that involves the importation or exportation of wildlife whether or not such person is animporter or exporter within the meaning of the customs laws of the United States.
Persons excepted from the licence requirement by 50 CFR 14.92(b) include:(1) common carriers;
(2) customs house brokers;
(3) public museums, or other public, scientific or educational institutions, importing or
exporting wildlife for research or educational purposes and not for resale;
(4) Federal, State, or municipal agencies;
(5) circuses importing or exporting wildlife for exhibition purposes only and not for
purchase, sale, or transfer of such wildlife; and
(6) any person if the value was declared on the Declaration of Importation or Exportation of
Fish and Wildlife (Form 3-177) of the wildlife that person imports and exports during a
year totals less than US$25,000.
4. The licensing system is not intended to restrict the quantity or value of imports.  The purposes of
the licence requirement are to:  identify large commercial importers and exporters of wildlife, require
records which fully and correctly disclose each importation or exportation of wildlife and the subsequent
disposition of the wildlife by the importer or exporter,  allow the Service to inspect records required to be
kept and inventories of imported wildlife, remove rep eat wildlife law violators from commercial wildlife
trade, improve communications between the Service and commercial wildlife importers and exporters,
and assist the Service in its effort to conserve endangered and threatened species and identify specieswhich may be threatened or endangered.
5. Section 9(d) of the Endangered Species Act of  1973 [16 U.S.C. 1538(d)] makes it unlawful "for
any person to engage in business as an importer or exporter of fish or wildlife...without first having
obtained permission from the Secretary [of the Interior]".  By regulation the term "permission" wastreated as a grant of authority to require a licence, but the licence is not statutorily required.  Exceptions to
the licence requirement can be created by regulation.  Further, the coverage of the licence can be
broadened or narrowed by changing the definition of either "fish or wildlife" or the phrase "engage in
business as an importer or exporter of fish or wildlife".
Procedures
6. Not applicable.
7.(a) No time-limit is set for receiving an application in advance of importation.  However, 50 CFR
14.91(a) states it is unlawful after 31 December 1980, for any person to engage in business as an importerG/LIC/N/3/USA/2
Page 20
or exporter of wildlife without first having obtained a valid import/export licence from the Director (of
the Service).  It is required that applications for licence renewals be received by the issuing office at least
30 days before the current licence expires.
(b) Yes.
(c) No.
(d) Applications are submitted to and processed by Service law enforcement regional offices.  The
Assistant Regional Director - Law Enforcement of each office has been delegated authority to issue
licences.
8. Applications must meet the provisions of  50 CFR 13.11 and 13.12.  Under 50 CFR 13.21(b) a
licence may be refused if:
(1) the applicant has been assessed a civil penalty, has been convicted of any civil or criminal
provision of any statute or regulation relating to the activity for which the application is
filed, if such assessment or conviction evidences a lack of responsibility;
(2) the applicant has failed to disclose material information required, or has made false
statements as to any material fact, in connection with his application;
(3) the applicant has failed to demonstrate a valid justification for the permit and a showing
of responsibility;
(4) the authorization requested potentially threatens a wildlife or plant population;  or(5) the Director finds through further inquiry or investigation, or otherwise, that the applicant
is not qualified.
An applicant must be notified in writing if the application is denied and given reasons for the
denial.  If authorized in the notice of denial, the applicant may submit further information, or reasons whythe licence should be granted. The final action by the Director is considered the final administrative
decision of the Department of the Interior.
Eligibility of importers to apply for licence
9. All persons, firms, and institutions are eligible to apply for a licence.
Documentational and other requirements for application for licence
10. The following information is required:
(1) applicant's name, mailing address, and phone number;
(2) where the applicant is an individual, his date of birth, height, weight, colour of hair,
colour of eyes, and sex;  and business or institutional affiliation, if any, having to do with
the wildlife to be covered by the licence;
(3) where the applicant is a corporation, firm, partnership, institution, or agency, either
private or public, the name and address of the President, all partners and principalofficers, and of the registered agent for the service of process;
(4) location where the permitted activity is to be conducted;
(5) certification in the following language:
“I hereby certify that I have read and am familiar with the regulations contained in
Title 50, Part 13, of the Code of Federal Regulations and the other applicable parts inSub-chapter B of Chapter I of Title 50, and I further certify that the information       G/ LIC/N/3/USA/2
Page 21
submitted in this application for a permit is complete and accurate to the best of my
knowledge and belief.  I understand that any false statement herein may subject me to the
suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001”;
(6) desired effective date of licence;
(7) date;
(8) signature of the applicant;(9) a brief description of the nature of the applicant's business as it relates to the importation
or exportation of wildlife, e.g., "live animal dealer", "fur broker", "taxidermist", "retail
department store", and "pet shop";
(10) a statement of where books or records concerning wildlife imports or exports will be
kept;
(11) a statement of where inventories of wildlife will be stored;
(12) name, address, and telephone number of the officer, manager, or other person authorized
to make records or wildlife inventories available for examination by Service officials;
and
(13) the anticipated dollar amount of wildlife to be imported or exported during a calendar
year.  A copy of the application has been attached.
1
11. An import/export licence is only permission to engage in business as an importer or exporter ofwildlife.  Such a licence is in addition to, and does not supersede, any other requirement established by
law for the importation or exportation of wildlife.
12. The licence fee is US$125.00.13. Applications must be accompanied by the licence fee.Conditions of licensing
14. Licences are valid for one year.  The licencee must apply for renewal to the issuing office at least
30 days before the current licence expires.
15. If a licencee discontinues engaging in business as an importer or exporter of wildlife, the licencee
must within 30 days mail the licence and a request for cancellation to the issuing officer.
16. Licences are not transferable between importers.  Agents under the direct control of, employed
by, or under contract to the licencee may carry out the activities authorized by the licence.
17.(a) Not applicable.(b) In addition to the general conditions found in 50 CFR Part 13, under 50 CFR 14.93(c) licencees
are subject to the following special conditions:
 (1) the licencee shall, from the effective date of the licence, keep such records as will fully
and correctly disclose each importation or exportation of wildlife made by the licencee
and the subsequent disposition made by the licencee with respect to such wildlife.  Therecords must include a general description of the form of the wildlife, such as "live", "raw
hides", or "fur garments"; the quantity of wildlife, in numbers, weight, or other
appropriate measure; the common and scientific names; the country or place of origin of
                                                     
     1Available for consultation in the Secretariat (Market Access Division).G/LIC/N/3/USA/2
Page 22
the wildlife, if known; the date and place of import or export; the date of the subsequent
disposition of the wildlife; the manner of disposition, whether by sale, barter,
consignment, loan, delivery, destruction, or other means; and the name and address of the
person who received the wildlife pursuant to such disposition, if applicable;
(2) licencees shall include and retain in their records copies of all permits required by the
laws and regulations of the United States and any country of export or origin;
(3) licencees shall maintain such books and records for a period of five years;
(4) subject to applicable limitations of law, duly authorized Service officers at all reasonable
times shall, upon notice, be afforded access to the licencee's places of business, an
opportunity to examine the licencee's inventory of imported wildlife and the records
required to be kept and an opportunity to copy such records;
(5) licencees shall, upon written request by the Director, submit within 60 days of such
request a report containing the information required to be maintained in the records of thelicencee.
Other procedural requirements
18. A licence must comply with the requirements of 50 CFR Part 14 which apply to the importation,
exportation, or transportation of wildlife generally.  Further, a licencee importing or exporting a particular
species may have to comply with other requirements found in 50 CFR Parts 10-23 and other State or
Federal laws.
19. Not applicable.
Department of Justice
7. Controlled substances
Outline of system
1. The system of import permits, declarations and quotas is designed to restrict the importation of
controlled substances to that quantity necessary to meet the medical, scientific or other legitimate needs of
the United States, and to monitor the handlers of such substances.  The system also establishes a method
by which the United States can meet its international treaty obligations under the 1961 Single Convention
Treaty on Narcotic Drugs and the Convention on Psychotropic Substances, 1971.
Purposes and coverage of licensing
2. In order to import any controlled substance, the importer must apply to the Drug Enforcement
Administration (DEA) for registration as an importer.  The registration application must be approved by
the DEA and is issued annually.  Upon registration approval, prior to importation, the registered importermust:
(a) apply for and receive a permit to import any Schedule I or Schedule II, or any narcotic controlled
substance in Schedules III,  IV, or V or any non-narcotic controll ed substance in Schedule III which the
Administrator has specifically designated by regulation in Title 21, Code of Federal Regulations, Section1312.30 or any non-narcotic controlled substance in Schedule IV or V which is also listed in Schedule I
or II of the Convention on Psychotropic Substances;  or       G/ LIC/N/3/USA/2
Page 23
(b) submit a specific import declaration per shipment for all non-narcotic controlled substances in
Schedules III, IV or V.  The list of basic classes of controlled substances covered under the authority of
the Controlled Substances Act is listed in Title 21, Code of Federal Regulations, Part 1308.
Other than opium, poppy straw, concentrate of poppy straw or coca leaf, no Schedule I or II
substance, or narcotic substance in Schedule III, IV or V may be imported unless the Attorney Generalfinds (a) an emergency exists in which domestic supplies are inadequate or (b) competition among
domestic manufacturers is inadequate and will not be rendered adequate by the registration of additional
manufacturers.
3. In general, the import restrictions apply to all controlled substances, regardless of the country of
origin.  However, Title 21, Code of Federal Regulations, Section 1312.13 poses additional limitations on
the imports of narcotic raw materials.  In effect, the importation of approved narcotic raw materials(opium, poppy straw and concentrate of poppy straw) into the United States shall have as its source:
(a) Turkey,
(b) India,
(c) Yugoslavia,(d) France,
(e) Poland,
(f) Hungary, and
(g) Australia.
And, at least 80 per cent of the narcotic raw material imported into the United States shall have as
its source Turkey and India.  Except under conditions of insufficient supplies of narcotic raw materials,
not more than 20 per cent of the narcotic materials imported annually shall originate in Yugoslavia,
France, Poland, Hungary and Australia.  This policy has been in effect since 17 September 1981.
4. The system is designed to restrict the quantity of imports of controlled substances (not monetary
value) and to maintain a monitoring system.  Previous systems were used prior to the import requirements
of the Controlled Substances Act (effective 1 May 1971).  However, the current system is mandated by
United States law and is based upon two international treaties (The Single Convention on Narcotic Drugs,
1961 and the Convention on Psychotropic Substances, 1971).
5. The system of registration of importers and the sy stem of quotas (for Schedule I and II drugs) are
statutory requirements established in the Comprehensive Drug Abuse Prevention and Control Act of
1970, Part C (Sections 301, 302, 303, 306) and the import requirements established in the Controlled
Substances Import and Export Act (Sections 1002, 1007 and 1008) (21 United States Code, Sections 822,
823, 826, 953, 957 and 958) and implementing regulations.  The Controlled Substances Act statutorily
establishes criteria by which drugs are controlled in one of five schedules subject to import requirements.The system required by statute cannot be  abolished without legislative approval.
Procedures
6.  I. Annual notice of publications of aggregate production quotas designed to account for the
total needs of the United States (either through domestic manufacture or importation) for
all Schedule I and II controlled substances is published in the Federal Register on or
about 1 July of the year prior to that to which the quota applies.  No quota is established
for Schedules III, IV or V controlled substances.  Additional notice of regulations is
published in Title 21, Code of Federal Regulations, Part 1300 to End.G/LIC/N/3/USA/2
Page 24
II. Quotas for legitimate need are determined on an annual basis, but determinations
regarding importations are made at the time of individual applications.
III. Import permits are issued only on application by registered importers who have
demonstrated the legitimate need for the imported substance.  Declarations are submitted
as an advanced notice of import only for monitoring purposes by DEA.
IV. Not applicable;  individual determinations are made.V-VI. Applications to import are reviewed upon receipt by DEAVII. DEA considers and approves all applications for importation of controlled substances.
Copies of import permits are provided to th e U.S. Customs Service for monitoring and
certification purposes.
VIII. Registration is based, in part, on security, records, history of violations, and State
approval.  Import permits are based upon available supply and legitimate need for the
substance in the United States.
IX-X. Not applicable.XI. Controlled substances on permits may only be imported for legitimate needs of the
United States.
7. Schedules III, IV, and V non-narcotic controlled substances are subject to import declarations,
and importers are subject to registration.
(a) Importation may be made only by approved, regi stered importers.  An import declaration must be
filed 15 days in advance of the proposed date of import.  In special circumstances, the 15 days may be
waived administratively.
(b-c) Not applicable.(d) Yes.  DEA.
8. A registered importer can be refused an importation if the importer cannot demonstrate the need
in the United States, in line with the above criteria.
Eligibility of importers to apply for licence
9. Imports are only approved for registered importe rs who must be inspected for adequate records,
security, State approval, etc., prior to registration.  The registration fee is US$438.00.  Researchers are
also allowed to import those substances for which they are registered to conduct research.  Their
registration fee is US$70.00 annually.
Documentational and other requirements for application for licence
10. The information required for an import permit is set forth in Title 21, Code of Federal
Regulations, Section 1312.12 and include (a) name, address of consignor, (b) foreign port of export,
(c) United States port of entry, (d) dates of shipment, (e) name of carrier, (f) amount and (g) importer'sallotment for the year.       G/ LIC/N/3/USA/2
Page 25
11. Import permit.
12. No fee is levied per import permit.13. No.Conditions of licensing
14. Registration is annual.  Permits are valid for six months.15. Importation not pursuant to a permit or declaration is subject to seizure, civil and criminal
penalties.
16-17. No.Other procedural requirements
18. No.19. Not applicable.
Department of Treasury
Bureau of Alcohol, Tobacco and Firearms
8. Distilled spirits (beverages);  wine and malt beverages
Outline of system
1. Producers, bottlers, wholesalers and importers of distilled spirits, wine and malt beverages are
required to have permits, issued under the Federal Alcohol Administration Act, to engage in their
respective businesses.  Primary purposes of this requirement are to protect the consumer by oversight of
labelling, advertising and other practices.
Purposes and coverage of licensing
2. An importer's basic permit under the Federal Alcohol Administration Act is one of several
different permits controlling the distilled spirits, wine and malt beverage industries.
3. The permit system applies to goods originating in and coming from all countries.4. No.  Intent of permitting is to ensure that commodities are packaged, marked, branded and
labelled in conformity with the Federal Alcohol Ad ministration Act.  No, alternative methods have not
been considered.
5. The permit system is a statutory requirement of the Federal Alcohol Administration Act,
27 U.S.C. 201 et seq., 27 CFR Part 1, et seq.  Yes, li censing is a statutory requirement and may not be
abolished without legislative approval. Designation of products is not subject to administrative discretion.G/LIC/N/3/USA/2
Page 26
Procedures
6. Not applicable.7.(a) Basic permits are issued usually within four  to six weeks of application.  Under certain
circumstances a permit can be obtained within a shorter time frame.
(b) Not normally, however, under certain circumst ances a licence can be granted immediately on
request.
(c) No.(d) Yes, consideration of permit applications is effected by a single administrative organ.  The
importer need approach only one administrative organ.
8. There are no additional circumstances applicable. The reasons for any refusal are given to the
applicant in writing.  In the event of refusal to  issue a permit, administrative appeals may be made
through Director, ATF to the United States Court of Appeals.
Eligibility of importers to apply for licence
9. (a) Any person, firm or institution  may apply for a licence.
Documentational and other requirements for application for licence
10. Importer's basic permit.  ATF Form 5170.4 and such supporting documentation as required.
11.  Certificate of Age and Origin (if issued by country of origin) and certificate of Label Approval.
12-13. No.Conditions of licensing
14. Continuing, unless revoked or surrendered.
15. If inactive for two years, the licence holder may be asked to surrender the licence.
16-17. No.Other procedural requirements
18. Payment of Special (occupational) Tax yearly under Internal Revenue Code:  importer/wholesaler
in liquors (spirits, wines and beer):  US$500 - importer/wholesalers in beer :  US$500 - 27 CFR Parts 194
and 251.
19. Not applicable.       G/ LIC/N/3/USA/2
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Department of Treasury
Bureau of Alcohol, Tobacco and Firearms
9. Distilled spirits for industrial use
(Including alcohol for fuel use)
Outline of system
1. The Internal Revenue Code requires that producers, distributors and users of distilled spirits for
industrial purposes have permits.  Industrial alcohol is exempt from taxation if used as authorized by Law.
The permit system is a means to control these authorized uses.
Purposes and coverage of licensing
2. A permit, as such, for the importation of alcohol for industrial use is not required.  Alcohol or
distilled spirits as defined in 26 U.S.C. 5002(a) includes alcohol which may have denaturants present.
Such alcohol cannot be received into this country except by a distilled spirits plant, permitted and bonded
under the Internal Revenue Code unless it is tax-paid upon importation.
3. All countries.4. See reply to question 1. No alternative methods have been considered.
5. 26 U.S.C. 5171, 5181, 27 CFR Part 19.  The licensing system was created by statute and may not
be abolished without legislative action.  The designation of products is not subject to administrative
discretion.
Procedures
6. Not applicable.7.(a) Permits under the Internal Revenue Code are usually issued within four to six weeks from time of
application.  Under certain circumstances, a permit can be obtained within a shorter time-frame.
(b) Not normally, however, under certain circumst ances a licence can be granted immediately on
request.
(c) No.(d) Yes.8. There are no additional circumstances applicable. The reasons for any refusal are given to the
applicant in writing.  In the event of refusal to  issue a permit, administrative appeals may be made
through Director, ATF to the United States Court of Appeals.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are eligible to apply for licences.G/LIC/N/3/USA/2
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Documentational and other requirements for application for licence
10. Either Industrial Alcohol - Application for Operating Permit under 26 U.S.C. 5171 (d) - ATF F
5110.25 or Fuel Alcohol - Application and Permit for Alcohol Fuel Producer under - 26 U.S.C. 5181;
Form 5110.74, as appropriate, along with such supporting documentation as required.
11. Ordinary commercial papers.
12-13. No.Conditions of licensing
14. Continuing, unless revoked or surrendered.15. Permits are subject to revocation if not used within two years.16-17. No.
Other procedural requirements
18. No.
19. Not applicable.
Department of Treasury
Bureau of Alcohol, Tobacco and Firearms
10. Firearms and ammunition
Outline of system
1. Under the Gun Control Act of 1968, the United St ates maintains a system of licences and permits
controlling the manufacturing, importing and dealing in firearms and ammunition.  The Bureau of
Alcohol, Tobacco and Firearms (ATF) administers the import controls along with the import controls
established by the Arms Export Control Act of 1976 through a system of import permits.  Under 26U.S.C. Chapter 53, a system of registration of machine guns, silencers, destructive devices and similar
weapons is maintained.
Purposes and coverage of licensing
2. See reply to question 1.  Firearm means (a) any weapon (including a starter gun) which will or is
designed to or may readily be converted to expel a projectile by the action of an explosive;  (b) the frame
or receiver of any such weapon;  (c) any muffler or silencer; or  (d) any destructive device.  Antique
firearms are exempt.
3. All countries except those proscribed by the Department of State from which imports are denied
entry into the United States.  Currently proscribed countries include: Cuba, North Korea, Outer Mongolia,
Vietnam and those countries or areas that comprised the former Soviet Union, including Armenia,
Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyztan, Moldavia, Russia, Tajikistan, Turkmenistan,
Ukraine and Uzbekistan.       G/ LIC/N/3/USA/2
Page 29
4. No.  Generally, the purpose of the licensing system is to prevent the granting of licences to
persons falling within statutorily determined prohibited categories.  A specific purpose of the import
requirements, in addition to the above, is to ensure that semi-automatic assault rifles, machine guns,
destructive devices, surplus military firearms, and other like firearms are not imported except for the use
of governmental agencies.  No alternative methods have been considered.
5. 18 U.S.C., Chapter 44 and 27 CFR Part 178.  Licensing is statutorily mandated and cannot be
abolished without legislative action.  Designation of products is not subject to administrative discretion.
Procedures
6. Not applicable.7.(a) A Federal Firearms Licence is issued within 60 days after receipt of a properly completed
application.  Permit application is approved within 45 days if proposed goods are legally importable.
(b) Permit can be approved immediately if licence has been previously issued .
(c) No.(d) Yes, the application is considered by a single administrative organ.
8. No additional circumstances apply. The reasons for any refusal are given to the applicant in
writing.  In the event of refusal to issue a licence, administrative appeal may be made to Director, ATF,
further to United States District Court if desired.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are eligible to apply for licences.Documentational and other requirements for application for licence
10. Applications:  (Forms 7 and 6).  Applications and Permit for Importation of Firearms,
Ammunition and Implements of War (ATF Form 6, Part I). Release and Receipt of Imported Firearms,Ammunition and Implements of War (ATF Form 6A).
11. Proof to the United States Customs of licenced status furnished by the importer of his agent.12. Yes.  US$150.00 for importers of firearms or ammunition other than destructive devices or
ammunition.  US$3,000.00 for importers of destructive devices or ammunition.  These licences are
renewed every three years.
13. No.
Conditions of licensing
14. A Federal Firearms Licence is valid for three years from date of issuance unless revoked.
Import Permit:  one year from date of issue.  The validity of a licence can be extended by renewal
application for licence and new application for import permit.G/LIC/N/3/USA/2
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15-17. No.Other procedural requirements
18. No.
19. Not applicable.
Department of Treasury
Bureau of Alcohol, Tobacco and Firearms
11. Firearms, ammunition and implements of war
Outline of system
1. The United States maintains a system of registrations and permits to control the importation of
arms, ammunition and implements of war.  The law and regulations of these imports are administered by
ATF in conjunction with the Gun Control Act of 1968.  The Department of State maintains a similarsystem of controls relative to exports.
Purposes and coverage of licensing
2. Persons engaged in the business of importing articles on the United States Munitions Import List
must be registered.  Actual importation is authorized by use of Form 6.  Articles on the import list are
articles that have significant military applicability.
3. All countries.  Goods from certain countries (primarily centrally-planned economies) as
determined by State Department are denied entry into the United States.
4. Primary purpose is to suppress international trafficking in arms. No alternative methods have
been considered.
5. Arms Export Control Act of 1976;  22 U.S.C.  2778 27 CFR Part 47;  and Executive Order 11432
(33 F.R. 15701).  Licensing is statutorily mandated and cannot be abolished without legislative action.
Designation of products is not subject to administrative discretion.
Procedures
6. Not applicable.
7.(a) Approximately ten wo rking days in advance.
(b) Yes.
(c) No.
(d) Yes, consideration of licence applications is effected by a single administrative organ.       G/ LIC/N/3/USA/2
Page 31
8. No additional circumstances apply.  The reas ons for refusal are provided to the applicant.
In the event of refusal to issue a licence, administrative appeals may be made through Director,
ATF to United States District Court.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are eligible to apply for licences.
Documentational and other requirements for application for licence
10. ATF Form 4587 and Form 6.  No supporting documentation is required.11.  ATF Forms 6 and 6A.
12. A fee for registration is charged, but not for the permit.
Amount of fee:
One year:
Two years:
Three years:
Four years:
Five years:US$250
US$500
US$700
US$850
US$1,000
13. No.
Conditions of licensing
14. Registration:  one to five years.   Permit:  one year from date of issue.15-17. No.Other procedural requirements
18. No.19. Not applicable.
Department of Treasury
Bureau of Alcohol, Tobacco and Firearms
12. Explosives
Outline of system
1. Manufacturers, dealers and importers of explosive materials are required by Law to be licenced to
engage in their respective businesses.  The primary purpose of this licensing system is to keep explosives
out of the hands of persons prohibited by the Law from receiving, or possessing explosives and to ensure
the safe and secure storage of explosives.G/LIC/N/3/USA/2
Page 32
Purposes and coverage of licensing
2. Explosive materials are explosives, blasting agents and detonators.  Permits are required of users
who wish to buy in inter-State or foreign commerce.  Licences are required as stated in reply to
question 1.
3. All countries.
4. No.  Purposes are to protect against the misuse and unsafe insecure storage of explosive
materials.  See also reply to question 1.  No alternative methods have been considered.
5. 18 USC Chapter 40 - 27 CFR Part 55.  Licensing is statutorily required and cannot be abolished
without legislative approval.  Designation of products is not subject to administrative discretion.
Procedures
6. Not applicable.
7.(a) An application must be approved or denied within 45 days after receipt.  Usual turn-around time
from receipt of application to issuance of licence is 30 days.
(b) No, not usually.  However, it could be done under extreme circumstances.
(c) No.
(d) Yes, consideration of applications is effected by a single administrative organ.8. No additional circumstances apply. The reasons for any refusal are given to the applicant in
writing. In the event of refusal to issue a licence, administrative appeals may be made through Director,
ATF.  Then, right of appeal to United States Court of Appeals.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are eligible to apply for licences.
Documentational and other requirements for application for licence
10. Application ATF Forms 6 and 6A.  No additional documentation is required.
11. Proof to the United States Customs of licenced or permitted status furnished by importer or his
agent.  Explosives must be classified and marked per United States Department of Transportation
standards.
12. Yes.
US$50.00 per year for licence for one year;
US$25.00 for renewal for three years;
US$20.00 permit fee per year;  and
US$10.00 permit renewal for three years.
13. No.       G/ LIC/N/3/USA/2
Page 33
Conditions of licensing
14. Licences are valid for three years [regulation effective 22 December 1998].  Previously, licences
were valid for one year.
15-16. No.
17. No additional conditions apply.Other procedural requirements
18. No.19. Not applicable.
Nuclear Regulatory Commission
13. Nuclear facilities and materials
Outline of system
1. The Nuclear Regulatory Commission (NRC) regulations governing the import of nuclear
materials are published in 10 CFR 110 pursuant to the Atomic Energy Act of 1954, as amended, and theEnergy Reorganization Act of 1974
3, as amended.  These regulations apply to all persons in the United
States except that the U.S. Department of Energy, and in large part, the Department of Defence, are not
subject to the NRC's import licensing requirements.
The list of nuclear equipment and material subject to NRC import licensing authority covers
production and utilization facilities, special nuclear material, source material, and by-product material as
defined in 10 CFR 110.2.
Although these items are subject to the NRC impor t licensing authority, most requirements for
issuance of specific licences for their import ha ve been eliminated through the general licensing
provisions contained in 10 CFR 110.27.  Under the ge neral licensing provisions, any person may import
by-product, source, or special nuclear material, other than 100 kilogrammes or more of irradiated fuel, ifthe consignee is authorized to possess the material, without the requirement for a specific import licence.
The general licence in 10 CFR 110.27 requires the importer of special nuclear material to provide to the
NRC advance notification of imports, where required according to 10 CFR 110.27.
Specific import licences are required for the import of production or utilization facilities, over
100 kilogrammes of irradiated fuel (spent special nuclear material), and radioactive waste except for
radioactive waste being returned to the U.S. Government  or a U.S. military facility which is authorized to
possess the material.
                                                     
3 A copy of the Federal Register Vol. 60, No. 140, dated 21 July 1995, containing the Nuclear Regulatory
Commission Regulations governing the Import and Export of Radioactive Waste is available for consultation in theSecretariat (Market Access Division).G/LIC/N/3/USA/2
Page 34
Purposes and coverage of licensing
2. The list of items under NRC import licensing authority is found in the 10 CFR 110.9a.3. The licensing requirements apply to goods originating in and coming from all countries.
4. The licensing is not intended to restrict quantity or value of imports.  The primary purposes for
licensing of imports are related to health and safety matters, controls over possession, use, distribution,
and transport, and to considerations related to the defence and security of the United States.
Alternative methods of accomplishing the purpose s of import licensing are considered and NRC's
import licensing regulations take these into account, as appropriate.  In addition, most specific import
licence requirements for by-product, source and special nuclear materials, have been eliminated throughthe general licensing provisions contained in 10 CFR 110.27.
5. As mentioned in reply 1, the NRC regulations in 10 CFR 110 are issued pursuant to the Atomic
Energy Act of 1954, as amended.  The Nuclear Non-Pr oliferation Act of 1978 does not directly affect
import licensing requirements.  The legislation defines the categories of products and facilities subject tolicensing controls with minimum discretion in definitions left to administrative determination.
Procedures
6.  Products are not restricted as to quantity or value of imports.
7.(a) There is no fixed period for submission of a licence application in advance of importation, other
than the instances prescribed in 10 CFR 110 required for public notice of receipt of the application (see 10
CFR 110.70 and 110.82).  The Commission does have the prerogative for granting specific exemptions
from the regulations in 10 CFR 110 under certain conditions (10 CFR 110.10) and this prerogative hasbeen exercised on occasions to grant licences within a short period of time.
(b) A specific licence would generally not be granted immediately upon request.  The applicant
should anticipate a review period of three weeks to three months from the date of application depending
on the specific commodity (e.g. a licence for the import of radioactive waste requires several months’
review).
(c) There are no limitations as to the period of the year during which the licence application or
importation may be made.  NOTE:  Import licences do have expiration dates.
(d) For materials and production and utilization facilities, subject to the NRC licensing authority, the
NRC is the only agency with which the importer must  correspond, except that imports of mixed waste
(waste that consists of hazardous waste and radioactive waste), are also subject to the requirements of the
Environmental Protection Agency applicable to the hazardous component of the waste.  For certain
imports, the NRC refers applications to other federa l agencies for review (usually the Departments of
State and Energy), although the final licensing responsibility remains with the NRC.
8. No import licence has been refused to date. Reasons for any refusal to issue a licence would be
made known to an applicant and there would be rights of appeal.  The avenues open to the applicant are
given in Subparts H, I, J and K of 10 CFR 110.       G/ LIC/N/3/USA/2
Page 35
Eligibility of importers to apply for licence
9. All persons, firms and institutions that have an office in the United States where papers may be
served and where records required by the Commissi on will be maintained are eligible to apply for
licences.
Documentational and other requirements for application for licence
10. Information required in a licence application is set out in 10 CFR 110.30 and 110.31.  There is no
prescribed form.  The usual submission is in letter form.  The importer may support his application with
other documents of his choosing.  NRC may request additional information, if necessary to conduct the
licensing review required by the applicable statutes.
11. The NRC does not require any documentation for importation, other than the licence itself.  Also,
the customary forms required by other government agencies for import will be necessary (Customs
Service and the Department of Commerce documents,  for example).  In addition, certain reporting
requirements are necessary when the transfer of nuclear material is involved, but these are not related to
the licence authorization.
12. Fees are charged for processing licence applications in accordance with the fee schedule in
10 CFR 170.21 and 170.31 of this Title (e.g. for fiscal year 1998, the fees for import applications range
from US$180 to US$7,900).
13. There is no deposit or advance payment required for a licence.
Conditions of licensing
14. An import licence is usually valid for a period of three to five years from the date of issuance but
can be longer if the applicant so requests and the NRC agrees.
15. There is no penalty for failure to use a licence.16. A licence may be transferred or assigned to another person only with the approval of the
Commission.
17. Conditions are often placed on the licence with respect to transportation requirements, security
provisions and notification requirements.
Other procedural requirements
18. Because many of the materials which can be imported under both specific or general NRC import
licences are considered hazardous and may be of strategic significance, additional arrangements may be
necessary in conjunction with their transportation.  These arrangements may involve such things as
physical protection, special handling procedures for health and safety purposes, or advance notice of
pending receipt and are not part of the licence itself.  These are general requirements placed on persons inthe United States who transfer or receive specific types of materials, whether the shipment is domestic or
from abroad.
19. Not applicable.
__________