G/LIC/N/3/TON/2  
 
21 September 2022  
(22-7099) Page: 1/17 
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 (2022)  
TONGA 
The following communication, dated 19 September  2022, is being circulated at the request of the 
delegation of Tonga . 
 
Contents  
1   ARMS AND AMMUNITION  ................................ ................................ ...........................  2 
2   EXPLOSIVES  ................................ ................................ ................................ ...............  4 
3   METHYLATED SPIRITS  ................................ ................................ ................................  6 
4   OZONE -DEPLETING SUBSTANCES  ................................ ................................ ...............  8 
5   PESTICIDES  ................................ ................................ ................................ .............  12 
6   PLANTS  ................................ ................................ ................................ ....................  14 
7   THERAPEUTIC GOODS  ................................ ................................ ..............................  15 
 
_______________  
  
 
1 See document G/LIC/3, Annex, for the Questionnaire.  G/LIC/N/3/TON/2  
 
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  1  ARMS AND AMMUNITION  
Outline of System  
 
1. The Arms and Ammunition Licensing system aims to make better provisions for controlling the 
possession, manufacture, sale, repair, storage, import and export of arms and ammunition. Private 
persons (not being licensed deale rs) must obtain the relevant Arms License before the 
arm/ammunition can be withdrawn from Customs.  
Importation is considered under Part V, Section 15 of the Arms and Ammunition Act 2020  that 
require s no person shall import any arm or ammunition or parts o f arms and ammunition into the 
Kingdom unless he holds a licenc e.  
Purposes  and coverage of licensing  
 
2. Licensing system covers all arms and ammunition or parts of arm  and ammunition. Ammunition 
such as: bullets, cartridges, shells or anything designed or adapted for or capable for use with any 
arm, or designed or adapted to contain any noxious liquid, gas or other thing but does not include 
spears discharged from an arm solely for the purpose of killing f ish. Arms such as: any lethal 
barrelled weapon of any description from which any shot, bullet or other missile, and any weapon of 
whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing 
dangerous to persons, and  includes any component part of any such weapon, and any accessory to 
any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon, 
but does not include articles solely to discharge spears for spearing fish.  
3. The system  applies to all goods regardless of their originating country.  
4. The licensing is intended to restrict the quantity of importation. With regards to arms and 
ammunitions a license to import would only be granted for those arms and ammunition that would 
be able to get a license to possess here in Tonga.  
5. Import Licensing  of arms and ammunition  is stipulated under the Arms and Ammunition Act 2020  
Part V  and subjected to conditions provided in Section 15 . The Arms and Ammunition Act 2020 and 
Arms and Ammun ition Regulations 2020 provide the rules and procedures relating to arms and 
ammunition.  
Procedures  
 
6.I.  Yes, information is published as all the Acts and Regulations are on the Attorney General 's 
Office 's website ( https://www.ago.gov.to ) for filing applications for licenses. The re is no 
prescribed quantity, only those that are approved and shown on one 's license. The Acts 
stipulates if there are any exceptions from the licensing requirement and the procedures.  
II.  The decision of the quotas as it stands for arms and ammunition has been one that was 
decided on in previous years and has not been changed. If the authorities who are empowered 
to do so believes there is a need to make this change,  then they will do so.  
III.  Licenses can be allotted for any goods covers by the Acts and Regulations and not limited to 
domestic producers. Each license has an expiry date which ensures that license holders must 
import the goods contained in the license within a specified time. The unused allocations are 
not added to quotas for a succeeding period. The names of importers to whom licenses have 
been allocated may be given no governments and export promotion bodies of exporting 
countries based on a justifiable reason.  
IV.  One can appl y at any time as the quotas will be shown when license is granted.  
V.  In practice if all documents are ready then the whole process will take one month however it 
will also depend on the availability of the Minister of Police as he, by law, will approve these 
applications.  G/LIC/N/3/TON/2  
 
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  VI.  There is no period for when importation is open. Once a license of import is obtained , the 
licensee will be able to import ammunitions and firearms as stipulated by the license granted.   
VII.  Yes, it is considered by a single adm inistrative organ only. However, for foreigners they have 
to provide a visa permit .  
VIII.  Yes, allocation is made on a first come, first serve  basis. Yes, there is a minimum amount 
allocated per applicant and it is determined by the nature of the applica tions.  
IX.  Import Licenses will still be required,  and it will not be automatic as it will still have to pass 
through the various required processes.  
X.  There is nothing in place as far as the Acts and Regulations are concerned an import license 
is alw ays needed.  
XI.  No. 
7.(a)  Ideally an import license should be obtained before the goods reaches Tonga. There have 
been cases where the goods arrive at port however it is not released until a license is obtained 
but these cases run a high risk of being charged for the importing of these unlicensed goods.  
(b)  No. 
(c)  There is no limitation period in the year for som eone to lodge an application for a licence as 
well as importation of ammunition and firearms.  
(d)  Depending on the nature of the application and the applicants themselves. If the applicant is 
a foreigner with a business,  then the relevant Government Mini stries may be involved. Such  as 
they will have to provide business license from Ministry of Trade and Economic Development , 
visa from Immigration Tonga, etc. However, it is for the applicant to provide those documents 
if required.  
8. As provided under the  Arms and Ammunition Act 2020, Part VI,  Section 27, subject to the 
provisions of section 26, the Minister of Police may refuse any applicant for issue or renewal of any 
licence without assigning any reason for such refusal, and may for reasons of public sa fety to be 
duly recorded by him, or when the licensee has been convicted of an offence under this Act, or on 
breach of a condition of a licence, or on other prescribed grounds, cancel or suspend the licence. 
No licence shall be issued or renewed to any per son under the age of 21 years. The power to grant 
a licence lies with the Minister of Police 's discretion. The reason for refusal is not given and there is 
no avenue for an appeal. However, if one can make a case for a judicial review.  
Eligibility of impo rters to apply for license  
 
9. All persons, firms and institutions are eligible to apply for licences.  
(a)  Yes, for a person but according to Section 6(3) of the Act, firms and institutions are not eligible 
to apply.  
(b)  No. 
Documentation and other req uirements for application for license  
 
10. Every holder of such licence shall endorse thereon descriptive particulars of all arms and 
ammunition,  or parts of arms and ammunition imported thereunder, and shall return such licence 
to the Minister of Police or to the nearest police station within three  days from the expiration of the 
terms allowed thereby. Arms and Ammunition Act 2020 - 15(3). Applica tion form is in Section 15(2) 
under the Arms and Ammunition Regulation 2020. The license can be picked up from the Ministry of 
Police. The information required are:  
- Details of Applicant ; 
- Purpose of obtaining arm or ammunition ; G/LIC/N/3/TON/2  
 
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  - Type of arm or ammunition ; 
- Letter of Application ; 
- Reference letter ; 
- Police record ; and 
- Passport Photo . 
 
11. Import and possession license and custom documents.  
12. Fee for new applications is TOP$ 25 and for renewal applications is TOP$ 5.  
13. No 
Conditions of lic ensing  
 
14. All license expires on 31 December of every year and must be renewed every new year. This is 
done by filling out a general form which has various parts,  and one must fill in the relevant parts of 
the form if it is for renewal. The fee for this is TOP$7.75.  
15. No. 
16. No. 
17.(a)Yes . 
(b)  Yes. 
Other procedural requirements  
 
18. No. 
19. An import license does not have to be presented in order to obtain for eign exchange. Foreign 
exchange being available to cover licenses issued will depend on the foreign exchange being able to 
provide for the needed supply of it. There are no formalities needed to be fulfilled in order to obtain 
foreign exchange other than t he usual process that foreign exchange outlets have.  
2  EXPLOSIVES  
Outline of System  
 
1. The Explosives Licensing system is to make better provision for the regulation, use, possession, 
transport, manufacture, sale, storage, import and export of explosives.  
Purposes  and coverage of licensing  
 
2. Import  Licensing covers all explosives  products under the Explosives Act 2020, Section 2(a)&(b)  
and its classification in Part II (3) of the Explosives Regulations 2020 Revised Edition.   
3. The system applies to all goods regardless of their originating country.  
4. The licensing is intended to restrict the quantity of importat ion.  
5. Explosives Import Licencing is stipulated under the Explosives Act 2020  and Explosives Regulation 
2020.  The licensing is statutorily required. Yes, legislation leaves designation of products to be 
subjected to licensing at the administrative discr etion. It is not possible for the government to abolish 
the system without legislative approval.  
Procedures  
 
6.I.  Yes, information is published in the Attorney General 's Office 's website 
https://www.ago.gov.to .  G/LIC/N/3/TON/2  
 
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  II.  The quotas for explosives are provided by the Explosives Regulations namely Regulation 23.  
III.  Licenses can be allotted for any goods covered by the Acts and Regulations and not limited to 
domestic producers. Each license has an expiry date which ensures that license holders must 
import the goods contained in the licen se within a specified time. The unused allocations are 
not added to quotas for a succeeding period. The names of importers to whom licenses have 
been allocated may be given to g overnments and export promotion bodies of exporting 
countries based on a justifiable reason.  
IV.  One can apply at any time as the quotas will be shown when license is granted.  
V.  There is no expressed length of time.  
VI.  At the moment there is no exa ct date of opening the period of opening with regards to 
importation. Therefore, at the moment the Acts and Regulations are silent.  
VII.  With regards to the application for license there is no other administrative organ that needs 
note or approval. Howev er, foreigners may need to demonstrate visa.  
VIII.  It is first come first serve. There is a maximum  amount allocated per applicant and this will 
be determined on the nature of their applications.  
IX.  Import licenses will still be required and it will n ot be automatic as it will still have to pass 
through the various required processes.  
X.  There is nothing in place as far as the Acts and Regulations are concerned an import license 
is always needed.  
XI.  No. 
7.(a)  Ideally an import license should be o btained before the goods reaches Tonga. There have 
been cases where the goods arrive at port however it is not released until a license is obtained 
but these cases run a high risk of being charged for the importing of these unlicensed goods.  
(b)  No. 
(c)  The limitations would be human resources as the Units that may look after the process are 
few and also have other work commitments as they may wear more than one hat.  
(d)  Depending on the nature of the application and the applicants themselves. If the a pplicant is 
a foreigner with a business,  then the relevant Government Ministries may be involved. Such 
as they will have to provide business license from Ministry of Trade and Economic 
Development, visa from Immigration Tonga, etc. However, it is for the a pplicant to provide 
those documents if required.  
8. The power to grant a license lies with the Minister of Police 's discretion. The reason for refusal is 
not given and there is no avenue for an appeal. However, if one can make a case for a judicial 
review .  
Eligibility of importers to apply for license  
 
9.(a)  No, a person is not eligible to apply but firms and institutions are eligible to apply.  
(b)  No. 
Documentation and other requirements for application for license  
 
10. Refer to Form  B and Form C provided under the Explosives Regulations 2020 Revised Edition.  
11. Import and possession license and custom documents.  G/LIC/N/3/TON/2  
 
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  12. Yes, according to the explosives Regulations 2020 Revised edition, Second Schedule, page 43. 
"For every permit to impo rt, export or remove explosives $0.40. " 
13. No 
Conditions of licensing  
 
14. All license expires on 31 December of every year and must be renewed every new year.  
15. No 
16. No 
17.(a)Yes  
(b)  Yes 
Other procedural requirements  
 
18. No 
19. An import license d oes not have to be presented in order to obtain foreign exchange. Foreign 
exchange being available to cover licenses issued will depend on the foreign exchange being able to 
provide for the needed supply of it. There are no formalities needed to be fulfill ed in order to obtain 
foreign exchange other than the usual process that foreign exchange outlets have.  
3  METHYLATED SPIRITS  
Outline of System  
 
1. The Meth ylated Spirits Licencing System aims to control the importation, sale and use of 
methylated spirits.  
Importation is considered under Part II, Section 5(1) of the Methylated Spirits Act 2020 , which no 
person shall import methylated spirits into Tonga unless he holds a licence for that purpose.  
Purposes  and coverage of licensing  
 
2. The Methylated Spirits Licencing system covers products subject to licensing such as any mixture 
of ethyl alcoh ol (ethanol) that has been denatured with methyl alcohol (methanol). This licencing 
system aims at protecting the human, animal or plant life and health and to protect the environment  
of Tonga.  
3. The system applies to all goods regardless of their origin ating country.  
4. The licensing is intended to restrict quantity of importation.  
5. Methylated Spirits  Licensing is stipulated under the Methylated Spirits Act 2020  Section 5  and 
subjected to conditions provided in Schedule Form 1 . The Methylated Spirits Act 2020 provides the 
rules and procedures relating to methylated spirits. The licensing is statutorily required. Yes, 
legislation leaves designation of products to be subjected to licensing at the administrative 
discretion. It is not possible for the gove rnment to abolish the system without legislative approval.  
Procedures  
 
6.I.  Yes, information is published in the Attorney General Office 's website https://www.ago.gov.to . 
The Methylated Spirits Act does not have a prescribed quantity only those that are approved 
and shown on one 's license.  G/LIC/N/3/TON/2  
 
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  II.  The decision of the quotas as it stands for methylated spirits has been one that was decided 
on in previous years and has not been changed. If the authorities who are empowe red to do 
so believes there is a need to make this change,  then they will do so.  
III.  Licenses can be allotted for any goods covered by the Acts and Regulations and not limited to 
domestic producers. Each license has an expiry date which ensures that lic ense holders must 
import the goods contained in the license within a specified time. The unused allocations are 
not added to quotas for a succeeding period. The names of importers to whom licenses have 
been allocated may be given to governments and export promotion bodies of exporting 
countries based on a justifiable reason.  
IV.  One can apply at any time as the quotas will be shown when license is granted.  
V.  There is no expressed length of time.  
VI.  At the moment there is no exact date of opening the  period of opening with regards to 
importation. Therefore, at the moment the Acts and Regulations are silent.  
VII.  With regards to the applications for license there is no other administrative organ that needs 
note or approval. However, foreigners may ne ed to demonstrate visa.  
VIII.  It is a first come first serve. There is a maximum amount allocated per applicant and this will 
be determined on the nature of their applications.  
IX.  Import Licenses will still be required,  and it will not be automatic as  it will still have to pass 
through the various required processes.  
X.  There is nothing in place as far as the Acts and Regulations are concerned an import license 
is always needed.  
XI.  No 
7.(a) The Import Business Licence, such as any other Business L icence, shall be valid in perpetuity 
so long as it is renewed by the businessperson pursuant to this section. Businesses which 
inadvertently import goods without an import licence can promptly obtain an import licence 
upon lodging the required application with the Business Licensing Unit of the Ministry.  
(b) No, upon application, import licences can be issued on payment of the prescribed fee  given 
that all application requirements are completed.  
  
(c) Applications for import licences can be lodged during any working day. Renewal of a licence, 
a licensee shall produce his register to the licensing officer for inspection. The limitations would 
be human resources as the Units that may look after the proces s are few and also have other 
work commitments as they may wear more than one hat.  
 
(d) The import licence application for methylated spirits will only be approved by one licencing 
authority which is the Minister of Policy. Provided that such licensing of ficers shall be police 
officers not below the rank of Sergeant, or in charge of a police station.  
8. The power to grant a license lies with the Minister of Police 's discretion. The reason for refusal is 
not given and there is no avenue for an appeal. Howe ver, if one can make a case for a judicial 
review.  
Eligibility of importers to apply for license  
 
9.(a)  Yes. 
(b)  These are in a restrictive system.  G/LIC/N/3/TON/2  
 
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  Documentation and other requirements for application for license  
 
10. Refer to Form 1 and Form 2 provided under the Methylated Spirits Act 2020.   
11. Documents required upon actual importation  shall make a declaration thereof to the Customs 
Officer on arrival and before clearing such methylated spirits through Customs sh all produce to such 
Customs Officer a licence issued under section 5.  
12. No 
13. No 
Conditions of licensing  
 
14. All licenses expires on 31 December of every year and must be renewed every new year.  
15. No 
16. No 
17.(a)Yes  
(b)  Yes 
Other procedural requi rements  
 
18. No 
19. An import license does not have to be presented in order to obtain foreign exchange. Foreign 
exchange being able to provide for the needed supply of it. There are no formalities needed to be 
fulfilled in order to obtain foreign exchange other than the usua l process that foreign exchange 
outlets have.  
4  OZONE -DEPLETING SUBSTANCES  
Outline of System  
 
1. The ozone -depleting substances licencing permit regulates the use of ozone depleting substances 
and to implement the provisions of the convention for the protec tion of the ozone layer and the 
proto col on substances that deplete the ozone layer and for related purposes.  
Purposes  and coverage of licensing  
 
2. The ozone -depleting substances licensing system covers products such as any other CFCs or 
HBFCs(controlled substances) which has the following permits are the only exceptions to be imported 
into the country are: a quarantine and pre -shipment permit in relation to methyl bromide, medical 
permit in relation to medical products using a controlled substances , human health or safety permit 
or a base year permit, as mentioned in "Section 7 " of the ozone layer protection act 2020. Also, a 
list of certain products under "Section 6 " of the Act but under a condition if such products containing 
the control led substances are solely used for packaging, or part of packaging of another imported 
goods.  
3. The application of the licensing system will apply to goods originating from countries that are 
parties to the Montreal Protocol. However, it is restrictive a nd prohibited to non -parties to the 
Montreal Protocol and non -complying parties to the Ozone Layer Protection Act. Article 4 of the 
Montreal Protocol provides that the control of trade from any state that is not a party to the Protocol 
shall ban importatio n from those states. Article 4B of the Montreal Protocol provides for the control 
of trade with Parties to import goods after the phase -out date for uses that are agreed by the Parties 
to be essential for domestic use, as well, it ceases the production of that substances and the export 
of used, recycled and reclaimed quantities. Section 6 of the Ozone Layer Protection Act provides the 
prohibition of goods or products that are imported from a non -party to the Protocol.  G/LIC/N/3/TON/2  
 
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  4. No, the licensing system is not int ended to restrict a preferred quantity or value of imports but to 
restrict the importation of gases that are a risk to the safety and security of the people and to the 
environment i.e., the possible risk of emitting controlled substances in the Kingdom. To reduce ozone 
depleting substances in the Kingdom complementary to the purposes of the Protocol. These purposes 
have been realized with the strong cooperation of the Customs and MEIDECC  to monitoring and the 
issuance of permits and/or licences for import activities of these controlled substances into the 
Kingdom. Certain procedures have been adopted including investigation of these activities, seizing 
controlled substances without a lice nce or import permit.   
 
5. The licensing system is cited under the Ozone Layer Protection Act 2010, revised edition 2020 
[CAP.21.07].  Yes, the licensing system is statutorily required as it is provided in the Ozone Layer 
Protection Act for matters of impor ting controlled substances. The Ozone Layer Protection Act applies 
a general interpretation to licensing including the provision of information relevant to controlled 
substances, cancellation of license and license  in relation to general provisions to lice nce. 
Additionally, it is not possible for the government to abolish the system without legislative approval 
unless this order does not lack the support of the legislation or the Constitution.  Government or the 
executive branch is bound to play its role wit hin the powers provided for them by the Constitution. 
Therefore, abolishing the system without legislative approval is not within their approved discretion .  
 
Procedures  
 
6.I.  No, information regarding the restriction to the quantity or value of imports are not published, 
but it is found in the Ozone Layer Protection Act Part III that determines the size of quotas in 
a calendar year. Formalities include filing applications for l icenses are done at the Climate 
Change Department, MEIDECC for approval of importation. It is brought to the attention of 
possible importers through an information outlet in the Climate Change portal or by the 
Customs Officers. As mentioned above, the over all amount is not published and there is no 
amount allocated to goods from each country. The quota size remains the same for each 
importer and importers are liable if the quota size exceeds the limits provided by the Ozone 
Layer Protection Act. Non -complia nce of the quota size are liable to an offence and penalty 
under the Act. Quota sizes are allocated by quota periods provided in section 18A of the Ozone 
Layer Protection Act. Each importer is entitled to the same quota size and quota periods by 
the Minist er responsible for Climate Change. There are exceptions included in the allocation 
of reserve quota by importers upon application to the Minister responsible for Climate Change 
and satisfaction that the application is essential for medical or public safety  purposes, no 
practicable alternative use and the HCFC and HFC is not available for required use within a 
reasonable period as according to section 18H of the Ozone Layer Protection Act.  
 
II.  The determination of quota size is determined on a yearly basi s which is then subdivided into 
quota periods; first, second and subsequent quota periods. Yes, size of quota is predetermined 
in the Ozone Layer Protection Act section 18, but licenses are also issued on one calendar year 
before renewal.  It is necessary f or importers to renew their licenses every year after the cut -
off date for the procedures of the Ministry responsible for Climate Change and the Environment 
as well as accordingly to the requirements of permits and license to use quotas .  
 
III.  In the case of importation, there are permits for certain goods as provided in section 5 and 
section 6 of the Ozone Layer Protection Act but there are exceptions for imported goods if 
importers have applied for permits. Certain goods that contain  methyl br omide and HCFC are 
not prohibited according to the Act. The initial procedure  before a license is allocated for 
imports is under the direction of the Minister to direct Ozone Officers to investigate on the 
importer whether the imported goods will pose any risk to public health and safety before the 
license is allocated. Additionally, importer must fulfil the requirements of handling -controlled 
substances before the license is granted by the Minister. Yes, the identity of the importers is 
made known to stake holders i.e., relevant members that are responsible to importation of 
goods but not to the general public.   
 
IV.  The period of time allocated for the submission of applications for licences is before 1 January, 
the following year in order for the importer  to be allocated a quota for the timetable of the 
quota periods to be sufficient. After every succeeding year, a license must be submitted for 
the purpose of the next initial succeeding year.  
 G/LIC/N/3/TON/2  
 
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  V.  In accordance with the Ozone Layer Protection Act, there is  no minimum and maximum 
lengths of processing applications. It all depends on the submission made by the applicant 
and the requirement from the Ministry for any further information before approval.   
 
VI.  As mentioned above, it will depend on the eligibility of the importer to the conditions or 
requirements of the licensing system before the period of importation which is 14 days prior 
to importation date or it is before 30 January, at the beginning of the calendar year.  
 
VII.  Yes, the consideration for the license application is affected by a single administrative organ 
and that i s the Ministry responsible for Climate Change and the Environment. Yes, the importer 
must approach Customs and the Ministry regarding the imported goods but the consideration 
for the license will stay with the designated authority provided in Part 4 (g) (1 ).  
 
VIII.  Every demand for licences must be fully satisfied in order to allocate a quota limit to the 
applicants. If it is not satisfied, the Ministry by notice to the applicant should inform the 
applicant that his or her application was not approved. Co nsidering if the applicant is a first -
time applicant, the Ministry will consult with the applicant on the necessary requirements of 
the application, for instance. However, the basis for the allocation to the application will 
depend on the quota size of the  goods imported for consideration of the licence. Yes, there is 
a maximum amount allocated to each importer,  but it is not determined by import goods. The 
basis of the quota size is determined by the phase -out period or the transfer of quotas in 
section 18 D and 18E of the Ozone Layer Protection Act. Each quota size allocated for an 
importer is determined by calculations of the total amount of the importer or applicant. Both. 
On the event, the goods are needed or essential for medical purposes or public safe ty 
purposes, applications will be examined on receipt. However, it can also be examined 
simultaneously if required.  
 
IX.  Yes, export permits are different from import licenses. However, import licenses are made 
when the goods arrive in the country. What is required to be issued before the importation of 
goods are import permits i.e., provides information about the goods that  will arrive in the 
country as well as the amount of controlled substances before it arrives. Section 12 of the 
Ozone Layer Protection Act provides for the permits made in response to the importation of 
controlled substances into the country. Licenses are issued on receipt or simultaneously or 
after investigation that the location of the storage of these goods are safe and will not become 
a risk to the residents in the area and the public as well.  
 
X.  This is usually by notice to the importing country tha t these goods will be imported into the 
country. This notice must be provided 14 days prior to the import period by the exporting 
country to the importing country. However, procedure -wise, an import permit must be issued 
to the importing country providing the necessary information regarding the imported goods. 
As mentioned, vice versa, if the import is not satisfied then the imported goods will not be 
accepted in the Kingdom by Customs upon notification from the Ministry responsible for 
Climate Change and E nvironment.  
 
XI.  Yes, in relation to Article 4 of the Montreal Protocol certain goods are labelled as prohibited 
which is the same for section 5 and section 6 of the Ozone Layer Protection Act. Exportation 
of goods are only allowed if the goods are export ed for the purpose of destruction but not for 
the purpose of sale in the domestic market. As it is provided by section 10 of the Ozone Layer 
Protection Act, there is a prohibition on sale of controlled substances in the Kingdom.  
 
7.(a)  As mentioned above, licences cannot be obtained within a shorter time -limit or for goods 
arriving at the port. Licenses are obtained once all the requirements of licensing is satisfied, 
given two weeks of ensuring that the licence can be granted to the import er. 
(b)  No, it cannot be granted immediately on request.  
(c)  The application is dependent upon the issuance of the licensing period and that is before the 
beginning of the calendar year or after the succeeding year before 30 January. This is to 
ensure th at there is ample time for the calculation of the allocated quotas measured for every 
importer and the reporting of the phase -out period to the Montreal Protocol.  G/LIC/N/3/TON/2  
 
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  (d)  Yes. Refer to the answer in Part 4 (g).  
8. A refusal of an application may amount from the following reasons:  
-  Notice from relevant stakeholders i.e., Customs to refuse licence or from the National Ozone 
Advisory Committee.  
-  Unforeseeable Circumstances i.e., circumstances beyond control of na tural persons  
-  Character of the Applicant i.e., negligence to complete the criteria for license.  
 
Applicants do have the right to appeal if he or she feels that their licenses should have been approved 
to the National Ozone Advisory Committee for consi deration.  
 
Applicants by notice or filling out of a form of complaint to the Ministry of Climate Change and 
Environment that he or she requests that their license be looked at again for approval. Applicant 
must also state why their licenses should be approved.  
Eligibility of importers to apply for license  
 
9.(a)  Eligibility comes from qualification of the relevant stakeholders to handle the controlled 
licences. Section 12A (4) provides for the requirement of stakeholders to undertake and 
complete good  practice training. The system is operated under a restrictive licensing system 
where importers must undertake this training in order to apply for the license. It is important 
to note that the importation of controlled substances is prohibited according to  the law unless 
it is satisfied upon permit or licence.  
(b)  No, the licensing system operates under a restrictive licensing system.  
 
With regards to registration, the Ministry responsible for Climate Change works in close cooperation 
with countries that are a party to the Montreal Protocol. It is through this connection that, whenever 
an importer wishes to import products or goods into the Kingdom, the Ministry shall inform the 
exporting country to provide information about this importer. If the importer is not in the system of 
the exporting country, goods are seized at port and importer will have to go through legal 
proceedings for providing false information and importation for national security measures.  
 
This procedure is one of the functions of the M inistry responsible for Climate Change as stated by 
the Ozone Layer Protection Act. As of now, there has been no registration fee for import purposes. 
However, it is in the process of development to recommend a fee for this registration procedure. 
As it is mentioned before, the confidentiality of the authorized importers are kept in the records of 
the Ministry responsible for Climate Change. It is not published now but there is consideration for 
future purposes.  
 
Documentation and other requirements for a pplication for license  
 
10. Information that is required in applications includes:  
 
a.  Name of Applicant  
b.  Date of Application  
c.  Residency  
d.  Information About Goods including purposes of importation and others  
e.  Eligibility of Applicant including any type of training  
 
A form for licensing is in the process of amendments by the Ministry responsible for Climate. 
This form will be submitted at  a later date apart from this questionnaire. It is the same with 
documents. These documents will include permit forms, police records of applicants and other 
specifications which will be included in the license form.   
 
11. Permit Forms are actually required upon actual importation that the imported products can be 
used by the importer in the Kingdom.  
12. As it has been mentioned before, there is yet to be a licensing fee or an administrative charge. 
The amount has been free of charge.   G/LIC/N/3/TON/2  
 
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  13. No. 
Condit ions of licensing  
 
14. According to the Ozone Layer Protection Act, the period for a licence to remain valid is one year. 
Additionally, it cannot be extended but renewed after every calendar year.  
15. Yes, there is a penalty as according to the Offences an d Penalties provision of the Ozone Layer 
Protection Act.  
16. No, according to the Ozone Layer Protection Act, no licences that will be issued under the Act 
shall be transferrable. The only condition towards transferring between importers is the quota size 
upon approval of the designated importer to transfer his or her reserve quota to another importer.  
17.(a)Yes, there is quantitative restriction that is subject to products. As mentioned,  aforethought, 
these quantitative restriction measures the limits of t he quota size on the quota periods. 
This is meant to avoid exceeding the phase -out period of consumption.  
(b)  No, every product applies to quantitative restriction as according to the objects of the Montreal 
Protocol.  
Other procedural requirements  
 
18. Yes, permit forms. Please refer to Part III of the Ozone Layer Protection Act where it highlights 
different types of permits i.e., quarantine and pre -shipment permits, medical permits, human health 
or safety permits, and or base -year permits.  
19. No, not at the moment, there is further requirements of the Ozone Layer Protection Act that 
needs to be amended for this question.  
5  PESTICIDES  
Outline of System  
 
1. The Pesticide Licensing System aims at regulating the registration, manufacture, import, sale, 
storage, distribution, use and disposal of pesticides in Tonga.  
Importation is considered under Section 13(1)(2) of the Pesticides Act [CAP.12.13] that no person 
shall manufacture, import, distribute or sell pesticides in Tonga unless he is a holder of a pest icide 
licence issues by the Registrar under this Act.   
Purposes  and coverage of licensing  
 
2. Pesticide  Licensing system covers all p esticides  outlined in the Annex attached to document 
G/LIC/N/2/TON/8.   
3. Applies to all goods regardless of originating co untries. The licensing system is not intended to 
restrict the quantity or value of imports but to restrict the importation of pesticides that are a risk 
to the safety and security of the environment and people.  
4. No, the purpose is mainly to ensure safet y of the user and the environment of Tonga.  
5. Pesticide Licensing System  is stipulated under the Pesticides Act [CAP.12.13],  Section 13 & 14 .  
Procedures  
 
6.I.  No, it is brought to the attention of possible importers by enquiring to the Ministry of 
Agriculture, Food and Forest (MAFF) office. Yes, the overall amount is published in the MAFF 
Annual Report. The amount allocated to goods from each country and maximum amo unt 
allocated to each importer are not published.  G/LIC/N/3/TON/2  
 
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  II.  N/A. 
III.  Licences are allotted for selling and for own use. Quarantine Inspectors will confiscate and 
HOLD until the Registrar issue Permits for release. Yes, the names of importers to whom 
licences  have been allocated made known to governments and export promotion bodies  of 
exporting countries upon request.  
IV.  N/A. 
V.  N/A. 
VI.  One day . 
VII.  Yes. 
VIII.  Yes, both first come, first served and past performance.  
IX.  No. 
X.  Through the Registrar and the Importer.  
XI.  Yes.  
7(a).  No. 
(b).  Yes. 
(c).  No. 
(d).  No. 
8. Yes. 
Eligibility of importers to apply for license  
 
9(a).  Yes. 
(b).  Yes. 
Documentation and other requirements for application for license  
 
10. Name of pesticide and active ingredients.  
11. Pesticide Permit . 
12. No. 
13. No. 
Conditions of licensing  
 
14. N/A. 
15. No. 
16. No. 
17(a).No . 
(b).  No. G/LIC/N/3/TON/2  
 
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  Other procedural requirements  
 
18. Pesticide Permit for every consignment.  
19. No, because there are no fees required.  
6  PLANTS  
Outline of System  
 
1. The plant licensing system is used to regulate the importation of plants products into Tonga.  
Purposes  and coverage of licensing  
 
2. Applies to all plant materials /products  mentioned in Part III paragraph 15 of the Plant Quarantine 
Act [CAP.10.06].  
3. Any pl aces outside Tonga.  
4. No, the purpose is mainly to ensure safety of the user and the environment of Tonga.  
5. The law under which the licensing is maintained is Plant Quarantine  Act [CAP.19.06]. The licensing 
is not statutorily required.  
Procedures  
 
6.I.  No, it is bought to the attention of possible imports via enquiring to the MAFF office. The  overall 
amount is published in the Ministry of Agriculture, Food and Forest 's Annual Report.  
II.  N/A 
III.  For selling and for own use. Steps taken to ensure that licenses allocated are actually used for 
imports is by Quarantine Inspectors will confiscate and HOLD until the Registrar issue permits 
for release. Yes, names of the importers to whom licenses have b een allocated made known 
to governments and export promotion bodies of exporting countries upon request.  
IV.  N/A 
V.  N/A 
VI.  One day  
VII.  Yes, it is affected by a single administrative organ.  
VIII.  Yes both.  
IX.  No 
X.  Through the Registrar and the Importer.  
XI.  Yes. 
7.(a)  No. 
(b)  Yes. 
(c)  No. 
(d)  No. G/LIC/N/3/TON/2  
 
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  8. Yes. 
Eligibility of importers to apply for license  
 
9.(a)  Yes. 
(b)  Yes. 
Documentation and other requirements for application for license  
 
10. Name, place where t he products are imported from and the name of species.  
11. Phytosanitary from where the country which the products are imported from.  
12. No. 
13. No. 
Conditions of licensing  
 
14. For a new importer is  given  a trial for three  months and old importers is given a valid of six 
months and yes, the validity of a license can be extended.  
15. No. 
16. No. 
17.(a)No . 
(b)  No. 
Other procedural requirements  
 
18. No. 
19. No, because there are no fees required.  
7  THERAPEUTIC GOODS  
Outline of System  
 
1. The Therapeutic Goods licensing system establishes a system of regulation of therapeutic goods , 
to establish a national drugs and medical supplies committee, to regulate the import, quality, 
availability and use of registered therapeu tic goods, including narcotic drugs and psychotropic 
substances and for ancillary purposes.  
Importation is considered under Section 10,  11 & 12 of the Therapeutic Goods Act [CAP.12.16].   
Purposes  and coverage of licensing  
 
2. Import Business Licensing cov ers all therapeutic goods  listed under the registered list of Part III, 
Section 5(2) of the Therapeutic Goods Act [CAP.12.16].  
3. The system applies to all goods regardless of their originating country.  
4. The Import license shall be limited to those the rapeutic goods in the class of the registered list 
under section 5(2) of the Therapeutic Goods Act 2020 revised edition, authorised as able to be held 
by the applicant.  G/LIC/N/3/TON/2  
 
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  5. The Therapeutic Goods Act 20 20 and the Therapeutic Goods Regulations 20 20 provide the rules 
and procedures for therapeutic goods. Yes, licensing is statutorily required, Part IV, Section 11(3) 
states an application for an import licence shall be made in writing in the form prescribed in the 
regulations, identify the therapeutic  goods that the applicant wishes to import and the class 
according to the "Tongan Registered List of Medical Drugs " in which they are included, be delivered 
to the Central Pharmacy and Medical Store, and be accompanied by the specified application fee. 
Yes, Part IV, Section 12(3) states that granting of an import license is subjected to the approval of 
the National Drugs and Medical Supplies Committee (NDMSC). No. The Constitution of Tonga states 
that the King and the Legislative Assembly shall have power t o enact laws. According to Part VII, 
Section 35, the Minister may with the consent of the cabinet make regulations for purposes such as 
fees, manner and form of application or exemptions of specific persons from any provision of the 
Act.  
Procedures  
 
6.I.  The information for products under restriction is published at the International Narcotic Control 
Board (INCB) website (https://www.incb.org/incb/en/narcotic -drugs/index.html ) also we 
have our Essential Drug List which contain the level of drugs that are under restriction. Overall 
amount, amount allocated for each country  and maximum amount allocated to each importer 
for restricted drugs (Narcotics) is published on INCB website. If ther e is any exceptions or 
derogations for licensing requirement it has to be requested and informed to the National Drug 
and Medical Supplies Committee for the decision to be made.  
II.  The size of the quotas is determined on a yearly basis. The license to im ports is also done on 
a yearly basis and an application for an import license are only made by pharmacist, veterinary 
practitioner, wholesaler or retailer. Therefore, if there is an emergency order for any of the 
restricted product to be imported an import  permit will be issued.  
III.  Licenses to import is allotted to all products. The same license to import other drugs is the 
same license to import restricted products but for restricted products there is an import permit 
prepared by the drug regulatory uni t and it must be signed by the principal pharmacist and 
endorsed by the CEO for health, to be finally signed by the Minister for Health prior 
importation. The import permit contains the name of the importer and all details of the drugs 
to be imported.  
IV.  As mention ed above the application for license to import is only for pharmacist, veterinary 
practitioner, wholesaler or retailer and it is done at the begin of the year. But only Pharmacist 
is authorised to import restricted products.  This is in accordanc e with Part IV, Section 11(1) 
of the Act.  
V.  Processing application takes up 1 -4 weeks since it has to be granted by the National Drugs 
and Medical Supplies Committee. So, minimum can be within a week and maximum lengths 
can be up to a month.  
VI.  License to import should already be there before importing any product so there shouldn 't be 
any time needed for this.  
VII.  License application is approved and granted by the National Drug and Medical Supplies 
committee. So, the applicant must apply for t he import license and must submit for approval 
by the NDMSC.  
VIII.  If the application for license to import is not fully satisfied by the committee, it can be return 
back to the applicant for re -submission.  
IX.  We do not use export permit since we do not  export any restricted product.  
X.  Same as the above answer, we do not have export permit only import permit.  
XI.  No. G/LIC/N/3/TON/2  
 
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  7.(a)  First of all, license to import is a must for all drugs to be imported. And No, license should be 
there prior importing any medicinal drugs.  
(b)  No, it has to follow the process of applying for a license to import.  
(c)  No. 
(d)  Yes. According to Part IV, Section 12(3) the granting of an import license is subject to the 
approval of a single administrative organ – National Drug s and Medical Supplies Committee 
(NDMSC).  
8. Yes, if the license holder commits any offence and does not comply with the pharmacy act and 
therapeutic good act.  
Eligibility of importers to apply for license  
 
9.(a)  No. 
(b)  No. 
Part IV, Section 11(1) state s that only pharmacists, veterinary practitioners, wholesaler or retailer 
can apply for an import licence of therapeutic goods. The import licence shall be limited to those 
therapeutic goods in the class of the registered list under section 5 (2) authorise d as able to be held 
by the applicant.  
Documentation and other requirements for application for license  
 
10. In application, information such as Name of Applicant, Applicant 's qualification, business address 
and the classes of medicinal drug for which a l icense is sought. There 's no other document just the 
application form.  
11. Import Permit document.  
12. No. 
13. No. 
Conditions of licensing  
 
14. Six months validity. And it cannot be extended.  
15. Yes, other from penalty but they cannot import without a license. Penalties may be imposed by 
the NDMSC which include revoking the license or any other penalty that the Committee decides is 
appropriate.  
16. No, the license is only sent straight to the su pplier whom we are going to import the drug from. 
It cannot be transferred between two importers.  
17.(a)No . 
(b)  No. 
Other procedural requirements  
 
18. No. 
19. No, because foreign exchange is done by the suppliers overseas.  
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