G/LIC/N/3/USA/10  
 
24 September 2013  
(13-5089)  Page: 1/36  
Committee on Import Licensing  Original: English  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES 
 
NOTIFICATION UNDER ARTICLE 7.3 OF THE AGREEMENT  
ON IMPORT LICENSING PROCEDURES 
UNITED STATES 
The following communication, dated 19 September 2013, is being circulated at the request of the 
delegation of the United States.  G/LIC/N/3/USA/10 
 
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I. DEPARTMENT OF AGRICULTURE .............................................................................. 3  
1. Plants and plan t products .......................................................................................... 3  
2. Animals and animal  products ..................................................................................... 4  
3. Sugar ..................................................................................................................... 6  
4. Certain dairy products ............................................................................................... 9  
II. DEPARTMENT OF COMMERCE ................................................................................. 12  
A. International Trade Administration ............................................................................. 12 
1. Steel ..................................................................................................................... 12 
III. DEPARTMENT OF ENERGY ...................................................................................... 14  
1. Natural gas ............................................................................................................ 14 
IV. DEPARTMENT OF INTERIOR .................................................................................. 16  
A. US Fish and Wild life se rvice ...................................................................................... 16 
1. Fish and wildlife (includi ng endangered species) .......................................................... 16 
V. DEPARTMENT OF JUSTICE ..................................................................................... 20  
A. Bureau of Alcohol, Tobacco, Firearms and Explosives .................................................... 20 
1. Firearms and ammunition ......................................................................................... 20 
2. Firearms, ammunition an d implements of war ............................................................. 22 
3. Explosives .............................................................................................................. 23 
B. Drug Enforcement Administration .............................................................................. 25 
1. Controlled substances and listed chemicals ................................................................. 25 
VI. DEPARTMENT OF TREASURY .................................................................................. 28  
A. Alcohol and Tobacco Tax and Trade Bureau ................................................................. 28 
1. Distilled spirits (beverages); wine and malt beverages .................................................. 28 
2. Distilled spirits or alcohol for industrial  use (Including alco hol for fuel  use) ...................... 30 
3. Tobacco Pr oducts  .................................................................................................... 31 
VII.   Nuclear Regu latory Co mmission ................................................................................. 33 
1. Nuclear facilities and mate rials .................................................................................. 33 
 G/LIC/N/3/USA/10 
 
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  I. DEPARTMENT OF AGRICULTURE 
1. Plants and plant products 
Outline of system 1.  Import permits are required for the importat ion 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; - grains; 
- 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 for most products covered is a statutory requirement of Section 412 of the Plant Protection Act, 7 U.S.C. 7712.  The Endangered Species Act, which implements provisions of 
the Convention on International Trade in Endangered Species (CITES) establishes a permit system 
for certain plants on the endangered species 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 to be 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.  
Eligibility of importers to apply for license 
9. All persons, firms and institutions resident in the United States are eligible to apply for 
licenses.  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. 
 G/LIC/N/3/USA/10 
 
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  Documentation and other requirements for application for license 
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 St ates 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 issuance 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.  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. 
 Purposes and coverage of licensing 
2.  Permits are required for: 
 -   domestic farm livestock and other species that may carry diseases that could affect US 
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. G/LIC/N/3/USA/10 
 
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  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 administrative office. 
 
8.  In general, there are no circumstances other than failure to meet ordinary criteria under which 
a  p e r m i t  m a y  b e  r e f u s e d .   I n  t h e  c a s e  o f  l i v e  a n i m a l s  o r  a n i m a l  p r o d u c t s ,  p o u l t r y ,  o r  b i r d s ,  a  permit for a particular time period could be re fused if space at a Quarantine Station is not 
available.  An outbreak of a particular disease in the exporting country could be a cause to revoke 
a permit which was issued prior to the disease outbreak.  Reasons for refusal are given to the applicant.  No appeal procedures are specified in the legislation or regulations.  
Eligibility of importers to apply for license 
9.   All persons, firms and institutions in the United States are eligible to apply for permits.  There 
is no published list of authorized importers. 
 
Documentation and other requirements for application for license 
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 certif icate issued by the national veterinary services 
of the country of origin.  Copies of the import permit should also accompany animal products and 
organism and vector shipments, and shipments of veterinary biological products.  
12.  There are import-related user fees associat ed with permit application review, inspections 
required for imports, testing and quarantines.  Fa cilities manufacturing veterinary biologicals for 
importation are inspected under cooperative service agreements. 
 
13.  Reservation fees for quarantine space are requ ired 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.  G/LIC/N/3/USA/10 
 
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  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 issuan ce 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. 
 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 quantity 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, 1701.12, 1701.13, 1701.14, 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) curre ntly allocates this quantity among countries 
based on a representative base period of U.S. sugar imports during 1975-81.  The quantities 
allocated to beneficiary countries under the Ge neralized System of Preferences (GSP), the 
Caribbean Basin Initiative (CBI), and Andean Trade Promotion and Drug Eradication Act receive duty-free treatment.  Certificates of Quota Eligib ility (CQE) are issued to the exporting countries 
and must be executed and returned with the shipme nt of sugar in order to receive in-quota tariff 
treatment.  Regulations governing the Certificate of Quota Eligibility program are published in Title 15, Part 2011 of the Code of Federal Regulations. 
 
Purposes and coverage of licensing 
2. The products covered by the raw sugar TRQ are described in HTS 1701.13.10, 1701.14.10, 
and the refined sugar TRQ in HTS 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10 and 
2106.90.44.  Entry of any sugar allocated to specific countries and areas in the raw and refined sugar TRQs does not require a license, but does require a CQE.  A speciality sugar TRQ is also established which requires a certificate.   
 
There is a licensing system to implement the U.S. sugar re-export program.  Licenses are issued to refiners allowing them to import raw sugars  under HTS  1701.13.20, 1701.14.20 to be further 
processed and:  (1) re-exported in refined form, (2) re-exported in refined form in 
sugar-containing products, or (3) used for the production, other than by distillation, of polyhydric alcohol except that used as a substitute for sugar in human food. 
 
3.  The CQE system applies to those countries and areas from which sugar is imported under the TRQ.  Certificates for imports of specialty sugars apply to imports from all countries.  Licenses to import sugar for refining and re-export (Refined Su gar Re-export Program) or for the production of 
polyhydric alcohol apply to imports from all countries. 
 4.  The purpose of the CQE is to provide exporters access to the U.S. domestic market at the 
low-tier tariff.  The purpose of the certificate for specialty sugar is to allow entry of certain refined 
sugars not widely available in the United States at the low-tier tariff rate.  These refined sugars fulfil demand in niche markets, such as the et hnic, organic and gourmet markets.  Licenses for G/LIC/N/3/USA/10 
 
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  quota-exempt sugar are intended to increase the utilization of excess domestic refining capacity 
and improve employment in refining and related industries.  5.  The CQE's are issued under 15 CFR 2011, Sub-part A.  Certificates for specialty sugar are 
issued pursuant to 15 CFR 2011, Sub-part B.  The regulation may be found at: 
http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&tpl=/ecfrbrowse/T itle15/15cfr2011_main_02.tpl .  The regulations governing licenses 
for the importation of sugar exempt from quota are under 7 CFR 1530.  The regulation may be 
found at: http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title07/7cfr1530_main_02.tpl . Authority exists to suspend each of 
these systems whenever it is determined that su ch action is appropriate.  Notice of such 
suspension shall be published in the Federal Register. 
 Procedures 
6.I. The United States Trade Representative and the United States Department of Agriculture 
use the Federal Register, press releases, official reports, and government Internet web sites to provide information about the allocation of TRQ quantities, the issuance of CQE's, 
and the formalities for filing import license applications. 
 II. The sugar TRQ for raw and refined sugar (including specialty sugar) is determined annually 
by the Secretary of Agriculture and announced before the fiscal year for which the TRQ will 
be in effect.  CQE's are issued by the Secretary of Agriculture to countries to coincide with 
the applicable TRQ year.  Certificates for importing specialty sugars are likewise issued to importers to coincide with the TRQ year.  Licenses issued to allow quota-exempt sugar to 
be imported, refined and re-exported or used in producing polyhydric alcohol are not 
subject to the TRQ year limitations. 
 
III. Governments of countries participating in the CQE 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 a valid and properly executed CQE is presented at time of entry to the appropriate customs official. 
 
 The United States Department of Agriculture, Foreign Agricultural Service issues 
certificates for importing specialty sugar to importers, who annually apply and provide 
sufficient evidence that the sugar they intend to import fits the definition of specialty 
sugar.  The certificate is presented to the appropriate customs official at the time of entry. 
 
 The Department of Agriculture issues licenses to U.S. sugar refiners to import 
quota-exempt raw cane sugar.  The licenses have no expiration date. 
 IV.-VI. Not applicable. 
 
VII. The United States Department of Agricu lture administers the licensing and certificate 
systems. 
 
VIII. The certifying authority designated by the participating country issues CQEs to the shipper 
or consignee of sugar.  The ma ximum quantity of sugar to be shipped with each CQE shall 
not exceed 10,000 short tonnes.  Specialty sugar certificates are issued to importers who 
satisfy the requirements of 15 CFR 2011, Sub-part  B.  The specialty sugar certificate may 
cover more than one type of refined specialty sugar.  Issuance of a specialty sugar certificate does not guarantee entry at the low-tier rate if the specialty sugar TRQ is 
already filled.  However, an unlimited number of shipments may enter until the TRQ is fully 
subscribed. 
 
IX.-X. Not applicable. 
 XI Under the provisions of the Refined Sugar Re-Export Program licensed refiners may enter 
raw sugar unrestricted by the quantitative limit established for the raw sugar TRQ or the 
requirements of CQEs, as long as they export an equivalent quantity of refined sugar or transfer the sugar to a manufacturer licensed to use the sugar in products for export or to manufacture inedible polyhydric alcohol. G/LIC/N/3/USA/10 
 
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  7.  Not applicable. 
 8.  There are no provisions for refusing to issue CQEs, specialty sugar certificates, or licenses for importing quota-exempt sugar other than failure to meet the ordinary criteria.  A list of companies 
issued licenses is published on the FAS Web 
site: http://www.fas.usda.gov/sugars/FASSugarsLicensees.aspx . 
 
Eligibility of importers to apply for license 
9. All importers are eligible to apply for certificates for specialty sugars.  There is a list of currently 
authorized specialty sugar importers at: http://www.fas.usda.gov/itp/imports/Sugar/F Y.2010.Specialty.Sug ar.Certificates.pdf .  Only 
United States refiners can apply for lice nses to import quota-exempt sugar.  
 Documentation and other requirements for application for license 
10.  Each CQE 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 de parture; expected date of arrival in the United 
States; and expected port(s) of arrival in the United States.  Applications for certificates to import specialty sugar(s) must be in writing and must provide the 
following information:  (1) name and address of a pplicant; (2) anticipated quantity of imports;  
(3) the appropriate six-digit HTS number;  (4) a description of the specialty 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 specialty sugar;  (5) sufficient evidence that it is a 
specialty sugar(s); (6) anticipated consumers (if known) at time of application;  and (7) anticipated date of entry (if known). 
 
Persons wishing to apply for licenses to import sugar for re-export must submit the following in writing to the Licensing Authority: (1) the name and address of the applicant; (2) the address at 
which the applicant will maintain the required re cords; and (3) the address(es) of the applicant's 
processing plant(s).  In the case of refined sugar re-exports, the applicant must provide the 
polarity of the product including the formula for calculating the refined sugar in the product.  All applicants must enter into a documentation agreement with the Licensing Authority. 
  
11.  TRQ sugar entered from countries that participate in the certificate system must be accompanied by a CQE 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 by the Department of Agriculture authorizing importation of specialty sugar(s) must be presented to the appropriate customs official at the time of entry. 
 
FAS enters the licenses issued by the Department of Agriculture for entry of sugar exempt from 
quota for re-export in refined form or for the production of polyhydric alcohol into the U.S. 
Customs and Border Protection computer system, which automatically accepts or rejects each 
attempt to enter raw sugar on the license.    
12.  No. 
 13.  A licensee operating under the Refined Sugar Re-export Program may establish a bond or a letter of credit in favour of the U.S. Department of Agriculture to charge program sugar in 
anticipation of the export or transfer of refine d sugar, the export of sugar in sugar containing 
products, or the production of certain polyhydric alcohols.  The bond or letter of credit may cover entries made either during the period of time specified in the bond (a term bond) or for a specified 
entry (a single entry bond).  The amount of the bond or letter of credit shall be equal to 20 cents 
per pound of sugar to be entered under the license.  If a licensee fails to qualify for credit to a license within the specified time period of the date of export or use of corresponding sugar in an 
amount sufficient to offset the charge to the license for that corresponding sugar, payment shall 
be made to the U.S. Treasury.  The payment shall be equal to the difference between the Number 11 contract price and the Number 14 contract pric e (New York Coffee, Sugar and Cocoa Exchange) G/LIC/N/3/USA/10 
 
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  in effect on the last market day before the date of entry of the sugar or the last market day before 
the end of the period during which export or use was required, whichever difference is greater.   The difference shall be multiplied by the quantity  of refined sugar, converted to raw value that 
should have been exported in  compliance with this part. 
 
A bond or letter of credit is not necessary if export credits exceed the quantity of imports charged to the license. 
 
Conditions of licensing 
14.  The CQEs are valid only for the quota period for which they are issued.  A certificate for 
specialty sugar is valid only for the TRQ year in which it is used.  Under the Refined Sugar 
Re-export Program, the licenses ma y be revoked upon written notice to the license holders by the 
Licensing Authority.  
15.  There is no penalty for non-utilization. 
 16. Licenses issued under the Refined Sugar Re-export Program and Specialty Sugar Import 
Certificates are not transferable between importers. 
 17.  There are no other conditions attached to issuing certificates.  
Other procedural requirements 
18.  No other procedures are required. 
 
19.  Not applicable. 
 4. Certain dairy products 
Outline of system 
1.  Presidential Proclamation 6763 of 23 December 1994 modified the Harmonized Tariff Schedule 
o f  t h e  U n i t e d  S t a t e s  ( H T S )  i n  v a r i o u s  w a y s  t h a t  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 (7 U.S.C. 624); proclaimed 
tariff-rate quotas (TRQs) for such articles pursuant to P.L. 103-465 (the Uruguay Round Agreements Act); and specified which imports of dairy articles may require import licenses issued 
in accordance with the terms and conditions in re gulations issued by the Secretary of Agriculture. 
 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 substitu tes (note 14);  other cheese, NSPF (note 16);  
blue-mould cheese (note 17);  Cheddar cheese (n ote 18);  American cheese other than Cheddar 
(note 19);  Edam and Gouda cheese (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 quan tity of imports 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 license.  An 
article may be entered only in the name of the licensee, or the licensee's agent acting in the licensee's name under the power of attorney, an d the quantity entered must be owned by the 
licensee on the date of entry, and must be char ged against the license in effect.  The licensing 
system was originally implemented as a requirem ent of Presidential Proclamation 3019 for the 
purpose of providing for an equitable distribution of trade in dairy products covered by Section 22 G/LIC/N/3/USA/10 
 
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  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 requir ement.  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 license applications, eligibility criteria, license use 
requirements and other provisions of the regu lation are codified in 7 CFR 6.20-6.37.  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 licenses are in the regulation.  An Advanced Notice of Proposed Rule-making was 
published in the Federal Register on 2 June 1994 seeking comments on methods 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.  The regulation was 
modified on 6 October 2004 to accommodate electronic web-based application procedures and to modify Additional U.S. Notes 2, 16, 17, 18, 19, 20, 21, 22, 23, and 25 to Chapter 4 of the Harmonized Tariff Schedule of the Unit ed States (HTS) to reflect the effects of the 
enlargement of the European Union (EU) to 25 countries on 1 May 2004.  On 
6 February 2013, an Advanced Notice of Proposed Rule-making was published in the 
Federal Register (Vol. 78, No. 25, pages 8434-8435) seeking comments on updating or 
improving the existing regulation.  Deadline for comments was April 8, 2013.      
 II. License applications must be submitted annua lly during the application period specified in 
the Import Regulation.  Licenses are issued on 1 January of each year and are valid for 
12 months.   
 III. Licenses 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 licensees must utilize a specified percentage of licenses issued and must voluntarily surrender unused amounts which are 
then reallocated to other eligible licensees through an application process.  A list of names 
of licensed importers is published on the FAS website each year.  The list can be found on the internet at http://www.fas.usda.gov/i tp/imports/usdairy.asp . 
 
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 to determine if the eligibility criteria in the Import Regulations 
are met.  In general, over 500 applications are reviewed, and the application process is 
completed within five weeks. 
 VI. Licenses are issued for use beginning 1 Janua ry and generally issued in the last two weeks 
of December. 
 VII. Only the Import Policies and Export Report ing Division, Office of Trade Programs, Foreign 
Agricultural Service, United States Department of Agriculture, considers license 
applications on dairy products. 
 VIII. Licenses are issued to: 
 
- Historical licensees each year for the same volume of imports from the same supplying 
countries provided applications are submitted, and the eligibility criteria, license use 
provisions, and other requirements of the Import Regulation are met; 
 - Designated licenses are issued annually for certain cheese articles to eligible applicants 
who are designated by the government of the country of origin as preferred importers.  G/LIC/N/3/USA/10 
 
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  Any quantities available for designation which ar e not designated will be transferred to the 
non-historical (lottery) license pool; 
 - Non-historical (lottery) licenses are issued annually through a random lottery system.  
Licenses received for a specific cheese or non-cheese dairy product are not renewable in 
the following year.  Eligible applicants may apply annually for a license. 
 
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, disp lay 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 Licensin g Authority issues ex-quota permits for these 
entries after careful review of applicat ions and documentation as requested. 
 7 .   A t  t h e  o v e r - T R Q  r a t e s ,  n o  d a i r y  i m p o r t  l i c enses are required and there are no limitations 
regarding quantity. 
 
8.  The circumstances under which an application for a license 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 be given to applicants upon request.  There are no rights of appeal.  Failure to receive a license by one applicant does not reduce access to the TRQ amounts, since those 
amounts will be allocated to other applicants. 
 Eligibility of importers to apply for license 
9.  Importers or manufacturers of dairy products are eligible to apply for import licenses 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 of dairy production in a previous 12-month period.  In addition, manufacturers 
must be listed in USDA's "Dairy Plants Surveyed".   The required documentation providing proof of 
importation must be submitted with application forms.  Historical license eligibility is established primarily on the basis of proof of importation of the item, for which application for license is made, 
during a specified representative period. 
 Documentation and other requirements for application for license 
10.  The information required in applications is set forth in the Dairy Tariff-Rate Quota Import 
Licensing Regulation.  FAS forms 923, 923A and 923B are required to be submitted including 
copies of entry and/or export summaries or in the case of manufacturers on being listed in the 
Dairy Plants Approved Bulletin. 
 
Previously, section 6.36(b) required all submissi ons of application be made by registered or 
certified mail, return receipt requested, with a postmarked receipt.  The Dairy Import Licensing 
Authority implemented a software program to permit applications for dairy import licenses to be 
submitted electronically over the internet.  Th erefore, the regulation is amended in various 
sections to permit applications to be submitted over the internet, or by mail.    
11.  At the time of the actual importation, a license number and control number, which 
corresponds to the importer's IRS number, a through bill of lading and an invoice must be presented to the Port Director of Customs and Bord er Protection at the port where entry is made. 
 
12.-13.  As of 1 January 1986, a fee has been ch arged for or associated with the issuance of 
licenses.   For 2012, a fee of US$ 170.00 was charged. 
 
14.  Licenses are valid from 1 January through 31 December.  License validity cannot be extended into the next quota year.   G/LIC/N/3/USA/10 
 
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  15.  Licensees who anticipate not meeting the 85 per cent utilization requirement may voluntarily 
surrender unused amounts by 1 October; otherwise that license will be cancelled the following year.  For historical licenses, less than 85 per cent utilization will result in permanent loss of that license, with the resulting TRQ quantity being mo ved to the lottery pool. License quantities that 
are surrendered are reissued to other licensees who apply for unused license shares following an 
announcement by the Licensing Authority.  Such licenses are issued through a random lottery process.  Historical license TRQ quantities can also be reduced if the licensee surrenders his import 
license for three consecutive years, although the provisions with respect to the reduction of 
historical licenses based on surrenders of unused quantities have been suspended until 2016.  See Federal Register Volume 75, Number 235, 8 December 2010, pages 76253-76254.  
16.  Licenses are not transferable between importers. 
 17.  No other conditions are attached to the issuance of a license. 
 
Other procedural requirements 
18.  All food imports are subject to the requirem ents of the Food, Drug and Cosmetic Act and the 
Fair Packaging and Labelling Act, including sa nitation 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 certain dairy products is regulated by both FDA and the Animal and Plant Health In spection Service (APHIS).  Importers should 
contact FDA in regard to FDA requirements and APHIS in regard to APHIS requirements. 
 19.  Not applicable. 
 
II. DEPARTMENT OF COMMERCE 
A. International Trade Administration 
1. Steel 
Outline of Systems 1.  The original US steel licensing program was established on 31 December 2002, as part of the 
section 201 safeguard action on certain steel products.  On 11 March 2005, the Department of 
Commerce issued an interim final rule continuing the program for four years under new statutory 
authority unrelated to the safeguard action.  The Department also modified the product coverage of the program, removing certain previously covered downstream products from the licensing 
requirements.  On 5 December 2005, the Departme nt published a final rule that made final an 
interim final rule that expanded and extended the Steel Import Monitoring and Analysis (SIMA) system until 21 March 2009.  Although there were no changes from the interim final rule, this 
document provides details about the current SIMA sy stem as detailed in the final rule.  Prior to the 
expiration of the authority, a new preliminary rule (73 FR 75624) and final rule (74 FR 11474) 
were published. On 18 March 2009, the authority to  continue the licensing system was extended 
until 21 March 2013, following the publication of the preliminary rule and final rule. No other 
changes were made.  On 15 February 2013, the authority was extended until 21 March 2017, 
similarly following publication of a preliminar y (77 FR 67593) and final rule (78 FR 11090) 
(G/LIC/N/1/USA/6/Add.2 and G/LIC/N/1/USA/6/Add.2/Corr.1).  No other changes were 
made. 
 Purposes and Coverage of Licensing 
2.  The steel import licensing program covers all basic steel mill products.  Certain downstream 
steel products previously covered by the system, pipe fittings and flanges, have been removed from the system and the licensing requirements.  In total there are 750 products covered, each 
identified by HTS number; the full list is available on http://ia.ita.doc.gov/steel/license  (Please 
note there were official harmonized tariff system code changes in January 2006, January 2007, 
February 2007, July 2007, January 2008, July 2008, January 2009, July 2009, January 2010, July 2010, January 2011, July 2011; January and July 2012; and January and July 2013). 
 
3.  The steel licensing system applies to goods originating in and coming from all countries. G/LIC/N/3/USA/10 
 
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  4.  This licensing is not intended to restrict the quantity or value of imports.  It is designed to 
provide fast and reliable statistical information on steel imports to both the government and the public.   
5.  The final rule extending the system until 21 March 2017 was published on 15 February 2013, in 
the Federal Register (78 FR 11090).  A copy is also available on the steel licensing website, 
http://ia.ita.doc.gov/steel/license . 
 
Procedures 
6.  Not applicable. 
 
7.(a) Steel import licenses may be applied for up to 60 days prior to the expected date of 
importation and until the date of filing of the entry summary documents, or in the case of FTZ entries, the filing of Customs and Border  Protection (CBP) Form 214.  The license is 
valid for 75 days. 
 (b) Yes.  The license number is electronically generated, and electronically given to the filer 
immediately upon completing the license information.  
 (c) No.  
(d) No. 
 8.  Applicants are not refused steel license numbers. 
 
Eligibility of Importers to Apply for Licence 
 
9.(a) Not applicable. 
 (b) No.  Only registered users are permitted to file steel licenses.   
 The registration form is available on the steel import licensing website: 
http://ia.ita.doc.gov/steel/license . The registrant fills in the requested demographic 
information and sends it to the steel license team electronically.  The team issues the 
registrant a unique user id to access the license module.  There is no registration fee, and 
licenses are free.  Information of registered users is kept confidential.  
 
Documentation and Other Requirements for Application for Licence 
10.  The license filer submits demographic information from the registration, and entry specific 
information detailing 10-digit Harmonized Tariff Schedule (HTS) number, volume in kilograms and value in US dollars for each product imported. 
 
11.  The 9-digit steel license number is required as part of the Entry Summary for goods brought 
into the US for consumption.   
 
12.  There is no licensing fee.  
13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 Conditions of Licensing 
14.  Steel import licenses may be applied for up to 60 days prior to the expected date of 
importation and until the date of filing of the en try summary documents, or in the case of FTZ 
entries, the filing of Customs and Border Protec tion (CBP) Form 214.  The license is valid for 
75 days, but may be used only once. 
 
15.  No.  
16.  No, licenses are not transferable between importers; they are unique for each entry. G/LIC/N/3/USA/10 
 
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  17.  (a) No. 
 (b) No.  
Other Procedural Requirements 
18.  No. 
 
19.  Not applicable. 
 III. DEPARTMENT OF ENERGY 
1. Natural gas 
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 
authority to regulate natural gas imports under Se ction 3 of the Natural Gas Act, as amended, has 
been delegated to the Under Secretary pursuant to Delegation Order No. 00-002.00N (11 July 2013).  This authority has been further re-delegated from the Under Secretary to the 
Assistant Secretary for Fossil Energy under Re-delegation Order No. 00-002.04F (11 July 2013). 
 On 24 October 1992, the Energy Policy Act of 1992 (EPACT 92) was enacted.  Section 201 of 
EPACT 92 amends Section 3 of the NGA by in effect eliminating the Department of Energy's (DOE) 
need to make a public 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 natural gas", and for 
imports of liquefied natural gas (LNG).  Pursuant to the amendment, imports of natural gas (and 
LNG) from countries with which the United States  has a free trade agreement calling for national 
treatment for trade in natural gas, and LNG imports from other countries, 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 92 
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, the agency does not solicit public comment s, or conduct a review of the application under 
the National Environmental Policy Act.  Rather, after these import applications are reviewed for 
completeness and legal sufficiency, DOE prepares and issues the authorizations as requested.  These applications take less time to process than cases that do not fall under EPACT. 
 
In addition, with respect to the import or export of natural gas (including LNG), the Secretary of 
Energy has delegated authority to the Federal En ergy Regulatory Commission (FERC) (Delegation 
Order No. 00-004.00A (16 May 2006)) to approve or disapprove the construction and operation of 
particular facilities, the site at which such facilities shall be located, and, with respect to natural 
gas that involves the construction of new domestic facilities, the place of entry.  
Purposes and coverage of licensing 
2.  The products covered are natural gas, incl uding liquefied natural gas (LNG), and compressed 
natural gas (CNG).  
3.  The system applies to goods originating from any country. 
 4.  The licensing is not intended to restrict the quantity or value of natural gas imports. 
 
5.  See response to Question 1. G/LIC/N/3/USA/10 
 
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  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, the issuance of an import authorization normally takes less than four weeks if reviewed under EPACT 92 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 Forestal 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 license 
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 document incorporating basic information about the 
proposed import arrangement, and exhibits requir ed by the rules covering such applications set 
forth in DOE regulation (10 C.F.R. Part 590).  EPACT 92 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 qualified free trade agreement 
and LNG imports from other countries must be grante d by DOE "without modification or delay".  As 
a result, DOE's action of issuing such import authorizations is ministerial in nature. 
 
However, for applications involving gas (other than LNG) 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 the administrative procedures specified in 10 C.F.R. Part 590.  11.  There is an application process described at the following website: www.fe.doe.gov . 
 
12.  A filing fee of US$ 50.00 is  charged for each application. 
 
13.  There is no deposit or advance payment requir ement 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 partic ular 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 no t transferable between importers without approval. 
 G/LIC/N/3/USA/10 
 
- 16 - 
 
  17.  No.  
 Other procedural requirements 
18.  Each import authorization order requires natural gas importers to report sales information 
monthly to DOE.  Information reported includes volume, price, names of sellers and buyers, and 
other details of the import transactions.  
19.  Not applicable. 
 IV. DEPARTMENT OF INTERIOR 
A. US Fish and Wildlife service 
1. 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 implement provisions of a number of wildlife laws 
enforced by the Service.  With subsequent updates in 1985, 1987, 1994, 1996, 1998, 1999, 2002, 2004, and 2009.  As part of that rulemaking and under authority of the Endangered Species Act of 
1973 (ESA), an import/export licence is required for any person who engages in business as an 
importer or exporter of fish or wildlife unless that person imports or exports certain excepted wildlife or falls within one of the categories of pe rsons 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.   
 
The licence requirement is found at 50 CFR 14.91-93.  Presently licensees must:  
(1) obtain an import/export license for US$ 100 per year; 
(2) pay inspection fees that vary depending on whether the commodity involves live and/or  protected wildlife, and the port of import or export, prior to the inspection; (3) importers or exporters of wildlife pay fees for actual costs of inspections conducted at  
 special times or locations at the  importer's or exporter's request; 
(4) keep certain records and retain them for five years; (5) allow Service inspection of records and inventories of imported wildlife or wildlife to be  
 exported;  and 
(6) file any reports requested by the Service.  
On an interim basis, licensees who  exclusively import or export shipments that do not contain live 
or protected wildlife, contain 25 or fewer wildlife  products, and contain a value of $5,000 or less of 
wildlife products are exempted from the design ated port base inspection fee.       
 
Exceptions to the licence requirement are found at 50 CFR 14.92.  Certain persons exempted from 
the licence requirement by 50 CFR 14.92(b) must  still comply 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 or wildlife to be  
 exported. 
 
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: 
 G/LIC/N/3/USA/10 
 
- 17 - 
 
  the term "fish or wildlife" means any wild animal, whether alive or dead, including without 
limitation any wild mammal, bird, reptile, amph ibian, 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 an importer or exporter wi thin the meaning of the customs laws of the 
United States.  
Persons excepted from the licence requirement by 50 CFR 14.91(c) and 14.92(b) includes: 
 (1) common carriers, when engaged as transporters, not as an importer or exporter; 
(2) customs house brokers or freight forwarders when engaged as transporters or agents, not 
as an  importer or exporter; 
(3) public museums, or other public, scientific or educational institutions, importing or 
 exporting wildlife for research or educational purposes and not for resale; and 
(4) Federal, State, tribal, or municipal agencies.  4.  The licensing system is not intended to restrict  the quantity or value of imports.  The purposes 
of the licence requirement are to:  identify comme rcial 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 impo rter or exporter, allow the Service to inspect 
records required to be kept and inventories of imported wildlife or wildlife to be exported, remove 
repeat 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 species which 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" was treated as a grant of authority to  require a licence.  Exceptions to the licence 
requirement can be created by regulation.  Furthe r, the coverage of the licence can be broadened 
or narrowed by changing the definition of either "f ish or wildlife" or the phrase "engage in business 
as an importer or exporter of fish or wildlife".  The system cannot be abolished without legislation. 
 
Procedures 
6.  Not applicable. 
 
7.(a) No time-limit is set for receiving an application in advance of importation, however the 
Service has 60 days to process a licence application which must be issued prior to an importation or exportation.  Title 50 CFR 14.91(a)  states it is unlawful for any person to 
engage in business as an importer 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.   
  A holder of an Import/Export License may also apply for a Designated Port Exception 
Permit (Title 50 CFR 14.31 to 14.33) to facilitate wildlife trade through a port not 
designated as a wildlife port, for scientific purposes, to minimize deterioration or loss and 
for economic hardship.   
 
(b) No. 
 (c) No. 
 
(d) Applications are submitted to and processed by Service law enforcement regional offices.  
The Special Agent in Charge, Office of Law Enforcement, of each office has been delegated authority to issue licences. G/LIC/N/3/USA/10 
 
- 18 - 
 
  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 convicti on 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 why the 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 license 
9.  All persons, firms, and institutions are eligible to apply for a licence (unless they have failed to 
meet issuance criteria as established in 50 CFR 13). The Privacy Act prohibits published lists of 
importers or exporters.  
Documentational and other requirements for application for license 
10.  The following information is required: 
 
(1) applicant's name, mailing address, and phone number, including the U.S. address for 
foreign applicants; 
(2) where the applicant is an individual, their date  of birth, social security number, occupation,  
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 principal officers, 
the tax identification number, and a brief description of the business, agency Tribe or 
institution; 
(4) 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 in Sub-chapter B of Chapter I of Title 50, and I further certify that the information 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"; 
(5) date; 
(6) signature of the applicant; 
(7) a statement of where books or records concerni ng wildlife imports or exports will be kept, 
including contact information; 
(8) a statement of where inventories of wildlife will be stored, including contact information; 
(9) a general description of the wildlife or wildlife products to be imported or exported 
(including whether the wildlife is live, dead, or a product), the class of wildlife to be imported or exported, such as "mammal" or "reptile" and whether the wildlife is 
venomous; and 
(10)  for applicants residing or located outside of the United States conducting commercial 
activities, the name, physical address and te lephone number of their agent located in the 
United States who will maintain the records re quired under the import/export license.    
  11.  An import/export licence is only permission to engage in business as an importer or exporter 
of wildlife.  Such a licence is in addition to , and does not supersede, any other requirement 
established by law for the importation or exportation of wildlife.  G/LIC/N/3/USA/10 
 
- 19 - 
 
  12.  The licence fee is US$ 100.00. 
 13.  Applications must be accompanied by the licence fee.  
Conditions of licensing 
14.  Licences are valid for one year.  The licensee must apply for renewal to the issuing office at 
least 30 days before the current licence expires. 
 
15.  If a licensee discontinues engaging in business as an importer or exporter of wildlife, the licensee 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 licensee may carry out the activities authorized by the licence. 
 
17.(a) A license may be amended with restrictions on the wildlife trade that may be conducted,  
including species, number of specimens, and intended uses, in cases where the applicant 
has previously violated wildlife trade regulation s or otherwise fails to meet the criteria for 
applicants described in 50 CFR § 13.21. 
 (b) In addition to the general conditions found in 50 CFR Part 13, under 50 CFR 14.93(b) 
licensees are subject to the following special conditions: 
 
(i) the licensee 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 
licensee and the subsequent disposition made by the licensee with respect to such wildlife.  The records 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 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; 
 
(ii) licensees 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; 
 
(iii) licensees shall maintain such books and records for a period of five years;   (iv) subject to applicable limitations of law, duly authorized Service officers at all 
reasonable times shall, upon notice, be afforded access to the licensee's places of 
business, an opportunity to examine the licensee's inventory of imported wildlife or the wildlife to be exported and the records required to be kept and an opportunity 
to copy such records; 
 (v) licensees shall, upon written request by the Director, submit within 30 days of such 
request a report containing the information required to be maintained in the 
records of the licensee. 
 
Other procedural requirements 
18.  A licensee must comply with the requirements of 50 CFR Part 14 which apply to the 
importation, exportation, or transportation of wildlife generally.  Further, a licensee 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, including permitting requirements under federal statutes 
such as the Endangered Species Act, the Bald and Golden Eagle Protection Act, the Marine Mammal Protection Act, the Wild Bird Conservation  Act, the Migratory Bird Treaty Act, and the 
Lacey Act, for injurious wildlife.  A licensee must provide advance notification of imports or exports 
of live or perishable wildlife.    G/LIC/N/3/USA/10 
 
- 20 - 
 
  19.  Not applicable. 
 V. DEPARTMENT OF JUSTICE 
A. Bureau of Alcohol, Tobacco, Firearms and Explosives 
1. Firearms and ammunition 
Outline of system 1.  The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) administers licensing provisions 
under three statutes and implementing regulations: the Gun Control Act of 1968 (GCA, at 
18 U.S.C. Chapter 44), the Arms Export Control Act of 1976 (AECA, at 22 U.S.C. 2778), and the National Firearms Act (NFA, at 26 U.S.C. Chapter 53.  Under the GCA, the United States maintains 
a system of licenses for persons engaged in the business of manufacturing, importing, or dealing 
in firearms, and for persons engaged in the busi ness of manufacturing or importing ammunition.  
ATF administers GCA import controls along with  import controls established by the AECA 
(discussed in the below section, V(A)2)  through a system of import permits.  In addition, under 
the NFA, ATF administers a special occupational tax for persons engaged in the business of 
importing, manufacturing, or dealing in NFA firearms.  ATF also maintains a system of registration for NFA firearms which include machine guns, silencers, and destructive devices.  
 
Purposes and coverage of licensing  
2.  See reply to question 1.  Under the GCA, "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 firearm muffler or firearm 
silencer; or (d) any destructive device (refer to 18 U.S.C. § 921(a)(4) for the GCA definition of a destructive device and to § 921(a)(24) for the GCA definition of a firearm silencer).  The term 
"firearm" does not include an antique firearm (defined in 18 U.S.C. § 921(a)(16)). The GCA also 
provides definitions for other relevant product terms including but not limited to "shotgun" and "rifle."  Under the GCA, "machinegun" is based on the definition of "machinegun" in the NFA which 
provides, in part, that a machinegun is any weapon which shoots, is designed to shoot, or can be 
readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger (refer to 26 U.S.C. § 5845(b)  for the complete definition of "machinegun"). 
The NFA also provides definitions for other relevant product terms such as "any other weapon."  A 
complete list of relevant definitions can be found in the GCA in 18 U.S.C. § 921 and in the NFA in 
26 U.S.C. § 5845.    
3.  All countries except those proscribed by the Department of State from which imports are 
denied entry into the United States.  Refer generally to 27 CFR 447.52 for proscribed countries and defense articles; ATF also maintains an up-to-date listing at its Firearms and Explosives Imports 
Branch ((304) 616-4550). 
 4.  No.  Generally, the GCA licensing system preven ts the granting of licenses to persons falling 
within statutorily determined prohibited categories.  Except as provided in 18 U.S.C. § 925(d), it is 
generally unlawful for any person knowingly to import any firearm or ammunition.  Import permits 
may be granted pursuant to the exceptions outlined in 18 U.S.C. § 925(d), which include imports for scientific or research purposes, imports of firearms that are generally recognized as particularly 
suitable for or readily adaptable to sporting pu rposes, excluding surplus military firearms, and 
other exceptions.  In addition, Federal, State, and local governments in the United States may generally import firearms and ammunition that otherwise would be prohibited from importation, 
such as nonsporting firearms and ammunition, NFA firearms, and surplus military firearms. No 
alternative methods have been considered.   5.  The GCA statute and regulations are in 18 U.S.C., Chapter 44 and 27 CFR Part 478, 
respectively.  Licensing is statutorily mandated and cannot be abolished without legislative action.  
Likewise, firearms are defined in the statute.  
Procedures 
6.  Not applicable.  G/LIC/N/3/USA/10 
 
- 21 - 
 
   
7.(a) A Federal Firearms Licence is issued within 60 days after receipt of a properly completed 
application.  Any person who wishes to permanently import a firearm, firearm barrel, or ammunition into the United States must first file with ATF and obtain an approved ATF 
Form 6—Application and Permit for Importation of Firearms, Ammunition and Implements 
of War. 
 
(b)  Permit can be approved immediately if license has been previously issued. 
 (c)  No.  
(d) Yes, the application is considered by a single administrative organ (ATF).   
 8.  No additional circumstances apply. The reas ons for any refusal are given to the applicant in 
writing.  In the event of refusal to issue a license, administrative appeal may be made to Director, 
ATF by requesting a hearing, further to United States District Court if  desired by filing  a petition for 
review within 60 days of the denial or revocation of license.  Refer to 18 U.S.C. § 923 for a 
detailed description of the process. 
 Eligibility of importers to apply for license 
9.  All persons, firms and institutions are eligible to apply for licenses. 
 
Documentation and other requirements for application for license 
10.  Applications:  The ATF Form 7 is the applicat ion for a Federal firearms license.  The ATF Forms 
6 and 6A are the import application and permit: Application and Permit for Importation of 
Firearms, Ammunition and Implem ents 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 and Border Protection of licensed status furnished by the importer or his agent. Application and Permit for Importation of Firearms, Ammunition and Implements of War (ATF Form 6, Part I); Releas e and Receipt of Imported Firearms, Ammunition 
and Implements of War (ATF Form 6A). 
 12.  Yes.  US 150.00 ($50 per year) for importers of firearms other than destructive devices or 
ammunition for firearms other than destructive de vices, or ammunition other than armor piercing 
ammunition.  US$ 3,000.00 ($1000 per year) for importers of destructive devices, ammunition for destructive devices or armor piercing ammunition .  These licenses are renewed every three years. 
Special occupational tax fees apply for NFA firearms .  See also AECA registration fees (discussed in 
the below section, V(A)2). 
 
13.  No. 
 
Conditions of licensing 
14.  A Federal Firearms License is valid for three years from date of issuance unless revoked. 
Import Permit: one year from date of issue or until quantity approved for import is brought in, 
whichever comes first..  The validity of a license can be extended by renewal application for license and new application for import permit. 
 
15.-17.  No.  Other procedural requirements 
18.  No. 
 19.  Not applicable. 
 G/LIC/N/3/USA/10 
 
- 22 - 
 
  2. Firearms, ammunition and implements of war 
Outline of system 1.  The United States maintains a system of re gistrations and permits to control the permanent 
importation of arms, ammunition and implements  of war.  The law and regulations of these 
imports are administered by ATF pursuant to the Gun Control Act of 1968 (GCA, at 18 U.S.C. 
Chapter 44), the Arms Export Control Act of 1976 (AECA, at 22 U.S.C. 2778), and the National Firearms Act (NFA, at 26 U.S.C. Chapter 53).  The Department of State maintains a similar system 
of controls relative to exports and temporary imports. 
 Purposes and coverage of licensing 
2.  Persons engaged in the business of importing defense articles on the U.S. Munitions Import List 
must be registered.  Actual importation is authorized by use of ATF Form 6.   
 3.  All countries except those proscribed by the Department of State from which imports are 
denied entry into the United States.  Refer generally to 27 CFR 447.52 for proscribed countries and 
defense articles; ATF also maintains an up-to-date listing at its Firearms and Explosives Imports Branch ((304) 616-4550). 
 
4.  Primary purpose is to regulate international trafficking in arms consistent with U.S. national security and foreign policy interests. No alternative methods have been considered.  
 
5.  Arms Export Control Act of 1976; 22 U.S.C. 2778; 27 CFR Part 447; and Executive 
Order 11958 of 18 January 1977 (42 F.R. 4311) , as amended by Executive Order 13284 of 
23 January 2003 (68 F.R. 4075).  Licensing is statutorily mandated and cannot be abolished 
without legislative action. 
   Procedures 
6.  Not applicable.  
 7.(a) A Federal Firearms Licence is issued within 60 days after receipt of a properly completed 
application.  Any person who wishes to permanently import a defense article on the U.S. 
Munitions Import List into the United States mu st first file with ATF and obtain an approved 
ATF Form 6—Application and Permit for Importation of Firearms, Ammunition and Implements of War. 
 
(b) No.  A license cannot be granted immediately on request.  
(c) No. 
 (d) Yes, consideration of license applications is effected by a single administrative organ (ATF). 
 
8.  No additional circumstances apply.  The reason s for refusal are provided to the applicant.   In 
the event of refusal to issue a license, administra tive appeals may be made through Director, ATF 
to United States District Court.  If a permit is denied, revoked, suspended, or revised, the importer 
or applicant shall be advised in writing of the de cision and the reasons therefore.  Within 30 days 
of receipt, the applicant or importer may file a written request for an opportunity to present additional information and to have a full case review by the appropriate ATF officer. 
 
Eligibility of importers to apply for license 
9.  All persons, firms and institutions are eligible to apply for licenses. 
 
Documentational and other requirements for application for license 
10.  ATF Form 4587 and ATF Form 6.  No supporting documentation is required.  
 G/LIC/N/3/USA/10 
 
- 23 - 
 
  11.  Applications and Permit for Importation of Firearms, Ammunition and Implements of War (ATF 
Form 6, Part I).  Release and Receipt of Import ed Firearms, Ammunition and Implements of War 
(ATF Form 6A).  
12.  A fee for registration is charged, but not for the permit. 
  Amount of fee: 
 
 One year:  US$ 250  Two years:  US$ 500  Three years:  US$ 700 
 Four years:  US$ 850 
 Five years:  US$ 1,000  
13.  No. 
 Conditions of licensing 
14.  Registration:  one to five years.  Permit:  one year from date of issue or until the quantity 
approved for import is brought in, whichever comes first.  15.-17.  No. 
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable.  
3. Explosives 
Outline of system 1.  The United States maintains a system of registrations and permits to control the importation of 
explosives. All manufacturers, dealers, import ers and possessors of explosive materials are 
required by law to be licensed or permitted.  Th e primary purpose of this licensing system is to 
keep explosives out of the hands of persons pr ohibited by law from receiving or possessing 
explosives and to ensure the safe and secure storage of explosives.  Background checks are 
conducted to ensure that anyone who possesses explosives is not otherwise prohibited by law.   
 Purposes and coverage of licensing 
2.  Explosive materials are explosives, blasting agents and detonators.  Permits are required of all 
users.  Licenses are required as stated in reply to question 1.  3.  All countries. 
 
4.  No.  Purposes are to protect against the misu se and unsafe storage of explosive materials.  See 
also reply to question 1.  No alternative methods have been considered.  
 
5.  18 USC Chapter 40; 27 CFR Part 555.  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 90 days after receipt.  Usual turn-around 
time from receipt of application to issuance of licence is 90 days.  This timing is due to the statutory requirement that ATF perform in-person inspections of the business premises and 
storage facilities of all new and renewing explosives license/permit applicants, as well 
conduct a background check and interview before approving the application.  G/LIC/N/3/USA/10 
 
- 24 - 
 
  (b) No. 
 (c) No.  
(d) Yes, consideration of applications is effected by a single administrative organ (ATF). 
 8.  No additional circumstances apply.  The a pplication is never denied provided the applicant 
provides the necessary information and meets the necessary requirements, which include an in-
person interview and facility inspection.  The reasons for any refusal are given to the applicant in writing.  In the event of refusal to issue or the revocation of a license, administrative appeals may 
be made through Director, ATF.  Then, right of a ppeal to United States Court of Appeals for the 
district in which the applicant/licensee resides. 
 Eligibility of importers to apply for license 
9.  All persons, firms and institutions are eligible to apply for licenses. 
 Documentation and other requirements for application for license 
10.  Application on ATF Forms 5400.13/5400.16, Application for License or Permit.  
 11.  Proof to the United States Customs and Border Protection of licensed 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$ 200.00 per license for three years; and  US$ 100.00 for renewal for three years; 
 US$ 100.00 per User-permit per three years; and 
 US$ 50.00 for User-permit renewal for three years;  US$ 75.00 per User-limited permit (non-renewable) valid for one year or one transaction;  US$25.00 per Limited permit valid for one year or up to six transactions; 
 US$12.00 Limited permit renewal for one year or up to six transactions.  
 13.  No. 
 
Conditions of licensing 
14.  Licenses are valid for three years.  Previously, licenses were valid for one year.  The validity of 
a licence can be extended by renewal application.   General user permits are valid for three years 
and can be extended by renewal application.  Intr astate User permits are valid for up to one year 
or six product uses and are renewable. User limited permits are valid for one year and are not renewable. 
 
15-16.  No.  
17.  No additional conditions apply. 
 Other procedural requirements 
18.  No. 
 19.  Not applicable.  G/LIC/N/3/USA/10 
 
- 25 - 
 
  B. Drug Enforcement Administration 
1. Controlled substances and listed chemicals Outline of system 1.  The system of import permits, declarations, notices, and quotas is designed to restrict the 
importation of controlled substances and listed chemicals 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 UN Single Convention  on Narcotic Drugs, the 1971 
UN Convention on Psychotropic Substances, and the 1988 UN Convention Against the Illicit Traffic 
in Narcotic Drugs and Psychotropic Substances.   
DEA serves as the U.S. competent authority for the regulatory provisions associated with the 
above three international conventions and is respon sible for collecting data and preparing standard 
yearly statistical reports regarding the manufacture, import/export, and consumption of drugs and 
chemicals regulated by the conventions.   
 Purposes and coverage of licensing 
2 .   I n  o r d e r  t o  i m p o r t  a n y  c o n t r o l l e d  s u b s t a n c e ,  or List I chemical or drug product containing 
ephedrine, pseudoephedrine, or phenylpropanol amine, 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 importer must: 
 (a) apply for and receive a permit to import any Schedule I or Schedule II controlled 
substance, or any narcotic controlled substance in Schedules III, IV, or V or any 
non-narcotic controlled substance in Schedule III which the Administrator has specifically designated by regulation in Title 21, Code of Federal Regulations, Section 1312.30 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 
 (b) submit a specific import declaration  for all non-narcotic controlled substances in 
Schedules III, IV or V excluding those described in paragraph (a) above.  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; or 
 
(c) each regulated person must notify the Administrator of DEA not later than 15-days in 
advance prior to importation of any listed chemical that meets or exceeds the threshold 
quantities set by regulation or is a chemical for which no threshold has been established.  
Substances defined as listed chemicals under the authority of the Controlled Substances Act are contained in Title 21, Code of Federal Regulations, Part 1310.  Advanced notice may be waived under certain circumstances as outlined in Title 21, Code of Federal 
Regulations, Part 1313.12(c).  
  Crude opium, poppy straw, concentrate of poppy straw or coca leaves may be imported in 
such amounts as the Attorney General finds to be necessary to provide for medical, 
scientific, or other legitimate purposes. Controlled substances in  Schedule I or II , or narcotic substances in Schedule III, IV or V may be imported if the Attorney General finds 
it to be necessary to provide for the medical, scientific, or other legitimate needs of the 
United States (a) during an emergency in which domestic supplies are found by the Attorney General to be inadequate; (b) in any case in which the Attorney General finds that competition among domestic manufacturers is inadequate and will not be rendered 
adequate by the registration of additional manufacturers; or  (c) in any case in which the 
Attorney General finds that such controlled subs tance is in limited quantities exclusively for 
scientific, analytical, or research uses. 
 
3.  In general, the import restrictions apply to all controlled substances and listed chemicals, regardless of the country of origin.  However, Title 21, Code of Federal Regulations, Section 
1312.13 poses additional limitations on the import s of narcotic raw materials.  In effect, the G/LIC/N/3/USA/10 
 
- 26 - 
 
  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) Spain, (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 cond itions of insufficient supplies of narcotic raw 
materials, not more than 20 per cent of the narcotic materials imported annually shall originate in 
Spain, France, Poland, Hungary and Australia.  This policy has been in effect since 
17 September 1981, as amended.  A proposal to subs titute Spain for Yugoslavia to update the list 
of non-traditional countries authorized to export narcotic raw materials to the United States was 
made on 4 October 2006 by Notice of Proposed Rulemaking.  Final Rule (21 CFR, Pt. 1312 – 
Authorized Sources of Narcotic Raw Materials) was published in February 2008 and became effective on 7 March 2008.  The rule provides DEA registered importers with another potential source, i.e., Spain, from which to purchase NRM that are used in the production of controlled 
substances for medical purposes in the U.S.  
 4.  The system is designed to restrict the quan tity of imports of controlled substances and listed 
chemicals (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, as far as controlled 
substances are concerned, is based upon two international treaties (The Single Convention on 
Narcotic Drugs, 1961 and the Convention on Psychotropic Substances, 1971).  5.  In March 2006, the U.S. Congress amended the Controlled Substances Act with passage of the 
Combat Methamphetamine Epidemic Act of 2005 (CME A).  CMEA required the establishment of a 
first-time assessment of annual need for the lis ted chemicals ephedrine, pseudoephedrine, and 
phenylpropanolamine and a quota system to provid e for those legitimate needs. Further, CMEA 
amended Title 21 United States Code, Section 952 by adding the three chemicals to existing 
language concerning importation of controlled substances.  The 2007 assessment of annual needs for ephedrine, pseudoephedrine and phenylpropanol amine set upper limits on the quantity of these 
chemicals and products containing these chemicals that can be produced in or imported to the 
United States.  The assessment was published as a Final Notice in the Federal Register in September 2007.  Also pursuant to CMEA, import and production quotas were established in July 2007 which set in place a process for licensed firms to obtain individual quota amounts.  
 
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 all 
Schedule I and II controlled substances and the listed chemicals ephedrine, 
pseudoephedrine, and phenylpropanolamine are published in the Federal Register on or 
about 1 May of the year prior to that to which the quota applies.  No quota is established for Schedules III, IV or V controlled substances or other listed chemicals.  Additional notice 
of regulations is published in Title 21, Code of Federal Regulations, Part 1300 to End. 
 II. Quotas for legitimate need are determin ed on an annual basis, but determinations 
regarding importations are made at the time of individual applications. G/LIC/N/3/USA/10 
 
- 27 - 
 
  III. Import permits are issued only on application by registered importers who have 
demonstrated the legitimate need for the imported substance.  Declarations and notices are submitted as advanced notification of im port only for monitoring purposes by DEA. 
 
IV. Not applicable; individual determinations are made. 
 V.-VI. Applications to import are reviewed upon receipt by DEA. 
 
VII. DEA considers and reviews for possible ap proval all applications for importation of 
controlled substances.  Copies of import permits are provided to U.S. Customs and Border Protection for monitoring and certification purposes.   
 
VIII. Not applicable.   
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, registered 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 DEA registered importers who must be inspected for adequate 
records, security, State approval, etc., prior to registration.    
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 includes: (a) name, address, and business of consignor; (b) foreign port of export; (c) United States port of entry; (d)  the latest date shipment will leave a 
foreign port; (e) name of carrier or vessel; (f) amount; (g) importer's allotment for the year;  (h) 
stock on hand of the controlled substance desired to be imported; and (g) the total number of kilograms of said allotment for which permits have previously been issued and the total quantity of 
controlled substance actually imported during the current year to date. 
 11.  Import permit.  
 
12.  No fee is levied per import permit.  License fees are as follows:  
Registrant Class Annual Fee 
Importers/Exporters (Controlled 
Substances) $1,523  
Importers/Exporters (Chemical) $1,523 
 
13.  No.  G/LIC/N/3/USA/10 
 
- 28 - 
 
  Conditions of licensing 
14.  Registration is annual.  Controlled Substance permits are not valid after date specified in 
permit and in no event shall the date be later than six months after the date the permit is issued.  
15.  Importation not pursuant to a permit, notice, or declaration is subject to seizure, civil and 
criminal penalties.  
16.-17.   No.  
 Other procedural requirements 
18.  No.  
 
19. Not applicable.   
VI. DEPARTMENT OF TREASURY 
A. Alcohol and Tobacco Tax and Trade Bureau 
1. Distilled spirits (beverages); wine and malt beverages 
Outline of Systems 
1.  Importers of distilled spirits for non-industri al (beverage) use, wine and malt beverages are 
required to have permits, issued under the Federa l Alcohol Administration Act (FAA Act), to engage 
in their respective businesses.  Similar permit requirements exist for producers (except brewers) 
and wholesalers of distilled spirits, wine and malt beverages in the United States.  Primary 
purposes of this requirement are to protect the co nsumer by oversight of labelling and advertising, 
to prevent unfair trade practices as required by the FAA Act and to enforce all other Federal laws 
relating to spirits, wine and malt beverages, including taxes.  Persons who are not engaged in such 
businesses are not required to obtain permits.  
Purposes and Coverage of Licensing 
2.  An importer's permit under the FAA Act is one of several different permits controlling the use of 
distilled spirits for non-industrial use, wine and malt beverage industries.  
3.  The permit system applies to goods originating in and coming from all countries. 
 4.  No.  The purpose of the permit system is to  provide an enforcement mechanism to ensure that 
importers comply with all requirements of Federal law relating to alcohol.  No alternative methods 
have been considered.  
5.  The permit system is a statutory requirement of the FAA Act, 27 U.S.C. 201 et seq. 
(http://www.gpo.gov/fdsys/granule/USCODE-2011- title27/USCODE-2011-title27-chap8-subchapI-
sec201/content-detail.html ).  The permit regulations promulgated under the FAA Act are located in 
27 CFR Part 1, et seq. ( http://www.gpo.gov/fdsys/pkg/CFR-2002 -title27-vol1/content-detail.html ). 
Yes, licensing is a statutory requirement and ma y not be abolished without legislative approval. 
Designation of products is not subject to administrative discretion.  
Procedures 
6.  Not applicable. 
 
7.(a) Permits are issued usually within four to six weeks after an application has been filed.  
Under certain circumstances a permit can be obtained within a shorter time frame.  Once issued, the permit remains valid until annulled, suspended or revoked. 
 
(b) Under certain circumstances a permit can be obtained within a shorter time frame. 
 G/LIC/N/3/USA/10 
 
- 29 - 
 
  (c) No. 
 (d) Yes, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is the only agency with whom 
an importer of alcohol beverages must deal to secure this permit. 
 
8.  There are no additional circumstances for denying an application for a permit other than what is stated in 27 U.S.C. §204(a) ( http://www.gpo.gov/fdsys/granule/USCODE-2011-title27/USCODE-
2011-title27-chap8-subchapI-sec204/content-detail.html ).  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 to the Administrator of TTB, and then to a Federal court.     
Eligibility of Importers to Apply for License 
9.  Any person, firm or institution may apply for a license.  There are no registration fees.  TTB 
publishes a list of authorized importers at http://www.ttb.gov/foia/frl.shtml . 
 
Documentation and Other Requirements for Application for License 
10.  Refer to TTB Form 5100.24 ( http://www.ttb.gov/forms/f510024.pdf ) 
 
11.  For TTB purposes, a  Certificate of Age and Origin (if issued by country of origin), a 
Certification for Natural Wine (unless an exemption or alternative certification applies pursuant to 27 CFR 27.140), and a Certificate of Label Approval (TTB Form 
5100.31( http://www.ttb.gov/forms/f510031.pdf ). 
 
12.  No. 
 
13.  No.  
Conditions of Licensing 
14.  Continuing, unless annulled where the permit was procured through fraud or 
misrepresentation, or suspended or revoked or surrendered where the permit holder is found to have violated law or regulations or failed to enga ge in the operations authorized by the permit for 
a period of more than two years. 
 15.  Proceedings to revoke a permit may be commenced if the permit holder failed to engage in 
the operations authorized by the permit for a period of more than two years. 
 16.  No. 
 
17.(a) No. 
 (b) No. 
 
Other Procedural Requirements 
18.  Yes.  For TTB purposes, a Certificate of Age and Origin (if issued by country of origin), a 
Certification for Natural Wine (unless an exemption or alternative certification applies pursuant to 
27 CFR 27.140), and a Certificate of Label Approval (TTB Form 5100.31 - http://www.ttb.gov/forms/f510031.pdf ) are required.  Additionally, any entity in the United States 
(including importers) that sells distilled spirits, wine, or beer to a dealer for resale must register as 
an alcohol dealer with TTB before commencing operations for the first time.  (See 26 U.S.C. Chapter 51 ( http://www.gpo.gov/fdsys/granule/USC ODE-2011-title26/USCODE-2011-title26-
subtitleE-chap51/content-detail.html ). 
 
19. Not applicable.  G/LIC/N/3/USA/10 
 
- 30 - 
 
  2. Distilled spirits or alcohol for industrial use (Including alcohol for fuel use) 
Outline of Systems 1.  The Internal Revenue Code requires that producers of distilled spirits or alcohol for industrial 
purposes have permits.  If distributors or users want to obtain industrial spirits or alcohol without 
paying the excise tax under 26 U.S.C. 5001 ( http://www.gpo.gov/fdsys/granule/USCODE-2011-
title26/USCODE-2011-title26-subtitleE-chap51-subchapA-partI-subpartA-sec5001/content-
detail.html ), then they must apply for a permit.  Industri al 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 may be required.  Alcohol or 
distilled spirits as defined in 26 U.S.C. 5002(a) ( http://www.gpo.gov/fdsys/granule/USCODE-
2011-title26/USCODE-2011-title26-subtitleE-chap51-subchapA-partI-subpartA-sec5002/content-
detail.html ) includes denatured spirits.  Such alcohol may only be received into this country by an 
authorized distilled spirits plant (under a registration or operating permit) that holds a sufficient 
bond under the Internal Revenue Code unless the spirits are tax-paid upon importation.  
3.  All countries. 
 4.  No.  The purpose is to prevent tax fraud.  Under a pilot operation, TTB is evaluating an 
alternative approach of record keeping and coor dination with the government of the exporting 
country. 
 5.  Please see: 
 26 U.S.C. 5171 ( http://www.gpo.gov/fdsys/granule /USCODE-2011-title26/USCODE-2011-
title26-subtitleE-chap51-subchapB-sec5171/content-detail.html ), 26 U.S.C. 5181 
(http://www.gpo.gov/fdsys/granule/USCODE- 2011-title26/USCODE-2011-title26-subtitleE-
chap51-subchapB-sec5181/content-detail.html ), 27 CFR Part 19 
(http://www.gpo.gov/fdsys/granule/CFR-2002-titl e27-vol1/CFR-2002-title27-vol1-part19/content-
detail.html ).  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) Registrations or operating permits under the Internal Revenue Code are usually issued 
within four to six weeks after the application has been filed.  Under certain circumstances, 
a permit can be obtained within a shorter time frame. 
 (b) Under certain circumstances, a permit can be obtained within a shorter time frame. 
 
(c) No. 
 (d) Yes.  TTB is the only agency with whom an importer of distilled spirits or alcohol for 
industrial use (including alcohol for fuel use) must deal to secure this permit. 
 8.  There are no additional circumstances for denying an application for a permit other than what 
is stated in 26 U.S.C. 5271 ( http://www.gpo.gov/fdsys/granule/USCODE-2010-title26/USCODE-
2010-title26-subtitleE-chap51-subchapD-sec5271/content-detail.html ).  The reasons for any 
refusal are given to the applicant in writing.  In the event of refusal to issue an operating permit, 
administrative appeals may be made to the Administrator, TTB, and then to a Federal court. 
 
Eligibility of Importers to Apply for License 
9.  Any person, firm or institution may apply for a license.  There are no registration fees. 
 G/LIC/N/3/USA/10 
 
- 31 - 
 
  Documentation and Other Requirements for Application for License 
10.  Application for Operating Permit - TTB Form 5110.25 ( http://www.ttb.gov /forms/f511025.pdf ); 
Alcohol for fuel use - TTB Form 5110.74 ( http://www.ttb.gov/forms/f511074.pdf ), as appropriate, 
along with such supporting documentation as required. 
 
11.  Ordinary commercial papers.  
12.  No. 
 13.  No.  
Conditions of Licensing 
14.  Continuing, unless revoked, suspended or surrendered. 
 
15.  Permits are subject to revocation if not used for more than two years. 
 16.  No. 
 
17.(a) No. 
 (b)  No. 
 
Other Procedural Requirements 
18.  No.   
 
19.  Not applicable.  
3. Tobacco Products 
Outline of Systems 1.  The Internal Revenue Code of 1986 (Title 26 U.S.C. Chapter 52 – please see 
http://www.gpo.gov/fdsys/granule/USCODE-2011- title26/USCODE-2011-title26-subtitleA-chap1-
subchapA-partIV-subpartF-sec52/content-detail.html ) requires that manufacturers and importers 
of tobacco products or processed tobacco and prop rietors of export warehouses (bonded internal 
revenue warehouses for the storage of tobacco products or cigarette papers or tubes or any 
processed tobacco, upon which the internal revenue tax has not been paid, for subsequent export) 
must apply for and obtain a permit from TTB before engaging in such businesses.  The primary purpose of these permits is to ensure proper colle ction of Federal excise tax revenue from tobacco 
products. 
 Purposes and Coverage of Licensing 
2.  As noted, manufacturers and importers of tobacco products or processed tobacco and 
proprietors of export warehouses (bonded internal revenue warehouses for the storage of tobacco 
products or cigarette papers or tubes or any processed tobacco, upon which the internal revenue tax has not been paid, for subsequent export) must  apply for and obtain a permit from TTB before 
engaging in such businesses.  Tobacco products are defined in the Internal Revenue Code as 
cigarettes, cigars, smokeless tobacco (that is, chewing tobacco or snuff), pipe tobacco, and roll your own tobacco.  Manufacturers of tobacco products and export warehouse proprietors are 
required to maintain a bond related to their Fede ral excise tax liability.  Processed tobacco is any 
tobacco that has undergone processing, but does not include tobacco products.  The processing of tobacco includes, but is not limited to, stemming (that is, removing the stem from the tobacco leaf), fermenting, threshing, cutting, or flavouring the tobacco, or otherwise combining tobacco 
with non-tobacco ingredients.  It does not include curing, baling, or packaging activities.  Those 
who farm or grow tobacco or who handle tobacco solely for sale, shipment, or delivery to a manufacturer of tobacco products or processed tobacco are not required to obtain from TTB a 
permit to engage in such activities. 
 G/LIC/N/3/USA/10 
 
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  3.  All countries. 
 4.  The permit system does not restrict the quan tity or value of imported tobacco products or 
processed tobacco.  No alternative methods have been considered. 
 
5.  The Internal Revenue Code of 1986 at 26 U.S.C. 5712 and 5713 requires that every person, prior to commencing business as a manufacturer or importer of tobacco products or processed 
tobacco, or as an export warehouse proprietor, qualify for and obtain a permit to engage in such 
business ( http://www.gpo.gov/fdsys/granule/USCO DE-2011-title26/USCODE-2011-title26-
subtitleE-chap52-subchapB-sec5712/content-detail.html ).  There is no discretion for the 
government to change the products ( http://www.gpo.gov/fdsys/granule/USCODE-2011-
title26/USCODE-2011-title26-subtitleE-chap52-subchapB-sec5713/content-detail.html ) subject to 
the permit requirements or to abolish the perm it system without legislative approval.     
 
Procedures 
6.  Not applicable. 
 
7.(a) Permits are usually issued within twelve weeks after an application has been filed.   
 (b) No.  The Internal Revenue Code of 1986 at 5712 sets forth the conditions for determining 
whether a person qualifies for a permit, and these conditions cannot be met with 
immediate licensing. 
 (c) No. 
 
(d) TTB has sole authority to issue the perm it required under 26 U.S.C. 5712 and 5713, and 
therefore, the importer does not have to approach any other agency in order to meet the 
application requirements for the permit.   
 8.  There are no additional circumstances for denying an application for a permit other than what is stated in 26 U.S.C. 5712 ( http://www.gpo.gov/fdsys/granule/USCODE-2011-title26/USCODE-
2011-title26-subtitleE-chap52-subchapB-sec5712/content-detail.html ).  The reasons for any 
refusal are given to the applicant in writing.  An applicant may appeal the denial of a permit to the 
Administrator, TTB, and then to a Federal court. 
 
Eligibility of Importers to Apply for Licence 
9.  Any person, firm or institution may apply for a license.  There are no registration fees. 
 
Documentation and Other Requirements for Application for License 
10.  Refer to TTB Form 5230.4 ( http://www.ttb.gov/forms/f52304.pdf ). 
 
11.  Customary and ordinary business records. 
 12.  Not applicable. 
 
13.  Not applicable.  
Conditions of Licensing 
14.  Permits for importers of tobacco products or processed tobacco that were issued before 
August 26, 2013, are valid for three years from the effective date shown on the permit and may not be renewed.  Permits for importers of tobacco products or processed tobacco that are issued 
on or after August 26, 2013, are valid for five years from the effective date shown on the permit 
and may be renewed for an additional five year s  by making application within 30 days of 
expiration. 
 
15.  No.  
16.  Permits are not transferable to another person. G/LIC/N/3/USA/10 
 
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  17.(a) Not applicable. 
 (b) An application for the renewal of a permit as an importer of tobacco products or processed 
tobacco may be rejected and the permit denied if no activity has taken place or been 
reported under such permit for a period of one year immediately prior to the application for 
renewal. 
 
Other Procedural Requirements 
18.  TTB has no other administrative procedures, ap art from permit requirements, required prior to 
importation.  
19.  Not applicable. 
 VII.   Nuclear Regulatory Commission  
1. Nuclear facilities and materials 
Outline of system 1.  The Nuclear Regulatory Commission (NRC) regu lations governing the import of certain nuclear 
facilities and most radioactive materials are published in 10 CFR Part 110 pursuant to the Atomic 
Energy Act of 1954, as amended, and the Ener gy Reorganization Act of 1974, as amended.
1  
These regulations apply to all persons in the United States although certain exemptions exist for the U.S. Department of Energy and the U.S. Department of Defense.   
 
The nuclear facilities and radioactive materials subject to NRC import licensing authority include: production and utilization facilities, special nuclear materials, source materials, and by-product 
materials, including when such materials are contained in radioactive waste.  The definition for 
each of these terms is provided in 10 CFR § 110.2.  
These items may be imported under either a general NRC license or a specific NRC license. A 
general import license is effective and does not require filing an application with NRC for review or issuance of a written license document to a particular person.  If the general license provisions in 10 CFR 110.27 do not authorize an import, then a specific import license is required.  An 
application must be filed with NRC for review, and if approved, a written license document is 
issued to a named person, authorizing specific tran sactions to occur within a set time period.   
 
Most by-product, source, and/or special nuclear materials are authorized for import under an NRC 
general license to the extent the U.S. consignee possesses an appropriate domestic authorization required for receipt, use or distribution of the import.  Parties utilizing the NRC general import 
license in 10 CFR § 110.27 must comply with applicable domestic regulations, often administered 
by one or more U.S. federal and/or state government agencies. Depending on the type and quantity of material involved, importers may be  required to provide advance notification of 
shipment to NRC and maintain records of the tran sactions for a period of from 3 to 5 years. 
 
Specific NRC licenses are required for imports of production or utilization facilities, 100 kilograms or more of irradiated nuclear fuel, and any special nuclear, source or by-product materials in the 
form of radioactive waste. 
 
On 1 July 2005, NRC added new specific license requirements for imports of certain radioactive 
sealed sources and radionuclides in bulk form to codify certain provisions of the International 
Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conduct)  Appendix P was added to 10 CFR 110, which lists the radioactive materials and establishes Category 1 and 2 threshold quantities, requiring a specific NRC license for import into 
the United States beginning 28 December 2005.  On July 27, 2010, the NRC published a final rule 
in the Federal Register  that, among other things, amended 10 CFR Part 110 to allow imports of 
Category 1 and Category 2 quantities of material listed in Appendix P under a general license 
                                               
1 A copy of 10 CFR Part 110 containing the Nuclear Regulatory Commission Regulations governing the 
Export and Import of Nuclear Equipment and Material is  available for consultation in the Secretariat (Market 
Access Division). G/LIC/N/3/USA/10 
 
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  (27 July 2010; 75 FR 44072).  This change was made because of recent enhancements to the 
NRC’s domestic regulatory framework.  Importers of Category 1 and 2 materials under a general license are still subject to the notification requir ement prior to shipment as set forth in § 110.50.  
The rule change requires notification seven days  in advance of shipments for imports authorized 
under the general license. 
 
On 20 April 2006, the NRC amended its regulations governing the import and export of nuclear 
equipment and material to implement the provis ions of the Energy Policy Act of 2005.  This 
amendment revised the definition of by-produ ct material to include discrete sources of 
radium-226, accelerator-produced radioactive mate rial, and discrete sources of naturally occurring 
radioactive material.  The specific import licenses required for imports of radium-226 that met the 
threshold values of the IAEA Code of Cond uct were eliminated in 2010 (see 75 FR 44072). 
 Purposes and coverage of licensing 
2.  As noted in reply 1, an NRC license – either general or specific – is required for imports of 
production and utilization facilities; special nuclear material; source material and by-product material. 
 
3.  The licensing requirements apply to goods originating in and coming from all countries, but do not apply to transhipments i.e., those which are just passing through the United States.  
4.  The purpose of adopting licensing requirements is not to restrict quantities or values of items 
imported; it is to protect public health and sa fety and the environment, and maintain the common 
defense and security of the United States, by exer cising prudent controls over the possession, use, 
distribution, and transport of such items. 
 5.  As mentioned in reply 1, NRC regulations in 10 CFR Part 110 are issued pursuant to the Atomic 
Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended.  In 
general, the legislation defines the categories of pr oducts and facilities that need to be subject to 
licensing controls with minimum discretion in definitions left to administrative determination.  
Procedures 
6.  There are no restrictions specifically designed to limit the quantities or values of items imported 
under NRC regulations; however, quantities of material imported could be restricted by the U.S. 
consignee domestic possession limit. 
 7.(a) There is no fixed period for submitting a specific license application in advance of 
importation, although it must be reviewed and a license must be issued before the 
importation occurs.  The Commission does have the authority to grant specific exemptions from the regulations in 10 CFR Part 110 under certain conditions (10 CFR § 110.10) and this authority has been exercised for example, to grant licenses within a short period of 
time. 
(b) A specific license would not be granted immediately upon request. Applicants should 
anticipate allowing from one to three months (or more) from the date an application is 
received by NRC depending on the specific commodity (e.g. a specific license for the 
import of radioactive waste requires several months' review).  NRC is required to make copies of every application received available to the public for minimum of 30 days before 
issuing a license.  This is to provide interested parties with an opportunity to submit 
written comments on the application or request a hearing (see 10 CFR § 110.70 and 110.82).   
 
(c) There are no limitations as to the period of the year during which a specific import license 
application can be submitted to NRC.  NOTE: Specific import licenses issued have expiration dates, and can be amended and/or renewed, as long as NRC receives the 
request for such action before the expiration date.  Once a license expires, it cannot be 
amended or renewed. 
 
(d) An NRC import license authorizes the import only and does not confer authority to receive 
title to, acquire, receive, possess, deliver, use or transfer items imported.  For certain G/LIC/N/3/USA/10 
 
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  specific import license applications, the NRC is required to consult with and/or seek 
concurrences from other federal agencies (most commonly the Departments of State and Energy), although final licensing responsibility remains with the NRC. 
 
8.  Applications that are deficient are normally  withdrawn or returned without action. Although 
NRC has the authority to deny, to revoke or suspend licenses, it is rarely exercised. Reasons for such actions must be made known to an applicant/licensee who would have the right to appeal.  
Avenues for applicant, licensees and members of the public to appeal NRC actions are given in 
Subparts H, I, J and K of 10 CFR Part 110. 
 
Eligibility of importers to apply for a specific license 
9.  To be eligible to apply for licenses, all persons, firms and institutions must have a permanent 
(physical) address within the United States where papers may be served and where records required by the Commission are maintained and can be inspected. 
 
Documentation and other requirements for application for a specific license 
10.  Information required in an application for a specific license is set out in 10 CFR § 110.31 and 
§ 110.32.  Applications are submitted on NRC Form 7 which is located on the NRC public web site.  
NRC may request additional information, if necessary, to conduct the licensing review required by the applicable statutes.  
11.  For the materials listed in Appendix P to 10 CFR Part 110, licensees must submit import 
notifications at least seven days in advance of each shipment and include the information listed in 10 CFR § 110.50(c).    In addition, import forms customarily required by other U.S. government 
agencies are also necessary for all items imported under NRC requirements (e.g., Customs and 
Border Protection and the Department of Commerce documents).  There may also be other reporting and advance notification requirements for certain transfers of nuclear material that are 
established by domestic possession licenses, not import licenses. 
 12.  Fees are charged for processing license applications in accordance with the fee schedule in 10 CFR § 170.21 and § 170.31 (e.g. for fiscal year 2011, the fees for import applications range 
from US$ 1400 to US$ 17,800). 
 13.  The appropriate fee must accompany applications submitted for specific import licenses, 
otherwise processing will be delayed. 
 Conditions of licensing 
14.  An import license is usually valid for a period of three to five years from the date of issuance 
but could be longer if the applicant so requests and the NRC agrees.  15.  There is no penalty for not using a specific NRC import license (i.e., if the items authorized for 
import are not imported); however, violations of any of the terms and conditions of an NRC import 
license are subject to enforcement including imposition of civil or criminal penalties.  
16.  A specific license may be transferred or assign ed to another person only with the approval of 
the Commission.  
17.  Special conditions may be added to specific licenses if necessary to underscore unique, new or 
revised domestic requirements, for example, af fecting transportation arrangements, security 
measures and timing of advance notifications.  
Other procedural requirements 
18.  Since many materials authorized for import under specific or general NRC licenses are 
considered hazardous and/or strategically significant, additional arrangements may be necessary 
in conjunction with their transportation.  Thes e arrangements may involve physical protection 
measures, special handling procedures for health and safety purposes, or advance notice of pending receipt and thus would not be included as special import license conditions. Such G/LIC/N/3/USA/10 
 
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  requirements normally apply to U.S. parties who transfer or receive specific types of materials, 
and are not related to whether the shipment originates from a domestic or a foreign source.  19.  Not applicable. 
 
__________