G/LIC/N/3/USA/12  
 
9 October 2015  
(15-5268)  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 (2015) 
UNITED STATES 
The following communication, dated 2 October 2015, is being circulated at the request of the 
delegation of the United States.  
_______________ 
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1   DEPARTMENT OF  AGRICULTURE .................................................................................. 3  
1.1   Plants and plant prod ucts ........................................................................................... 3  
1.2   Animals and animal products ....................................................................................... 4  
1.3   Sugar ................................................................................................................... ... 6 
1.4   Certain da iry products ................................................................................................ 9  
2   DEPARTMENT OF COMMERCE ..................................................................................... 12  
2.1   International Tr ade Administ ration .............................................................................. 12 
2.1.1   Steel .................................................................................................................... 12 
3   DEPARTMENT OF ENERGY .......................................................................................... 14  
3.1   Natural gas .............................................................................................................. 14 
4   DEPARTMENT OF INTERI OR ...................................................................................... 16  
4.1   US Fish and Wildlife Service ....................................................................................... 16 
4.1.1   Fish and wildlife (inc luding endangered species) ......................................................... 16 
5   DEPARTMENT OF JUSTICE ......................................................................................... 20  
5.1   Bureau of Alcohol, Toba cco, Firearms an d Explosives ..................................................... 20 
5.1.1   Firearms and ammunition ....................................................................................... 20 
5.1.2   Firearms, ammuniti on and defens e articles ................................................................ 22 
5.1.3   Explosives ............................................................................................................  23 
5.2   Drug Enforcem ent Administ ration ............................................................................... 24 
5.2.1   Controlled substa nces and listed chemicals ................................................................ 24 
6   DEPARTMENT OF TREASURY ...................................................................................... 28  
6.1   Alcohol and Tobacc o Tax and Trad e Bureau .................................................................. 28 
6.1.1   Distilled spirits (beverag es); wine and ma lt beve rages ................................................ 28 
6.1.2   Distilled spirits or alcohol for indust rial use (Including al cohol for fuel use) ..................... 29 
6.1.3   Tobacco Products ................................................................................................... 31 
7   VII.   NUCLEAR REGULATORY COMMISSION .............................................................. 33  
7.1   Nuclear facili ties and materials ................................................................................... 33 
 G/LIC/N/3/USA/12 
 
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  1  DEPARTMENT OF AGRICULTURE 
1.1  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 publis hed list of authorized importers.  There is a US$ 
70.00 fee for plants and plant products regulated by CITES. 
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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.  1.2  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/12 
 
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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/12 
 
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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. 
 1.3  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.  Certificates of Quota 
Eligibility (CQE) are issued to the exporting countries and must be executed and returned with the 
shipment of sugar in order to receive in-quota  tariff treatment.  Regulations governing the 
Certificate of Quota Eligibility program are publis hed 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 
quota-exempt sugar are intended to increase the utilization of excess domestic refining capacity and improve employment in refining and related industries. 
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  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://www.ecfr.gov/cgi-bin/text- idx?SID&node=pt15.3.2011&rgn=div5 .  The regulations 
governing licenses for the importation of sugar exempt from quota are under 7 CFR 1530.  The 
regulation may be found at:  
http://www.ecfr.gov/cgi-bin/text-
idx?SID=6455b5541198c6b98dfbde6641de588e&mc=true&node=pt7.10.1530&rgn=div5 . 
 
Authority exists to suspend each of these systems whenever it is determined that such action is 
appropriate.  Notice of such suspension shall be published in the Federal Register.  
 
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 specia lty 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. 
 
7.  Not applicable. 
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  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://apps.fas.usda.gov/suga rs/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/programs/sugar-import-
program/applying-specialty-sugar-certificate .  Only United States refiners can apply for licenses 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 departure;  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 ca lculating 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) 
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.   G/LIC/N/3/USA/12 
 
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  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. 
 
1.4  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 (not e 7);  dried whole milk (note 8);  dried buttermilk 
and whey (note 12);  butter substitutes (note 14) ;  other cheese, NSPF (note 16);  blue-mould 
cheese (note 17);  Cheddar cheese (note 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 
quotas among importers, users, and supplying countries.  Under a TRQ system, licensing serves 
the same trade-stabilizing and equity purposes. 
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  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 27 July 2015, 
a revision to the regulation was published in the Federal Register Vol. 80, No. 143, pages 44251-44258, published after extensive public comment.   
 
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/programs/ dairy-import-licensing-program . 
 
IV. When an adjustment is made that would affe ct any licensed dairy product, the applicants 
have at least 30 days after the announcement 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.  
Any quantities available for designation which ar e not designated will be transferred to the 
non-historical (lottery) license pool for the remainder of that year; 
 
- 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. G/LIC/N/3/USA/12 
 
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  IX. Export permits from foreign countries are not required. 
 
X. Same as above. 
 
XI. Not applicable. 
 
7.  For commodities which enter outside the tariff-rate quotas and at the over-TRQ tariff rates, no 
dairy import licenses 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.  Applicants can also qualify on the basis of exports, in 
which case licenses will only be issued for non-cheese items. 
 
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.  As a part of the 2015 revision to the regulation, the Dairy Import 
Licensing Authority operates exclusively via an el ectronic system over the internet and precludes 
the use of mail and fax.   All applications and communications must be done electronically, through the dedicated licensing system, which is available to anyone.
 
 
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.  A fee is charged for or associated with  the issuance of licenses.   For 2016, a fee of 
US$ 250.00 is charged. 
 
14.  Licenses are valid from 1 January through 31 December.  License validity cannot be extended 
into the next quota year.   
 
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 2022.   See Federal Register Vol. 80, No. 143, pages 44251-44258. 
 
16.  Licenses are not transferable between importers. 
 
17.  No other conditions are attached to the issuance of a license. 
 G/LIC/N/3/USA/12 
 
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  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.  2  DEPARTMENT OF COMMERCE 
2.1  International Trade Administration 
2.1.1  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 over 700 products covered, 
each identified by HTS number; the full list is available on 
http://enforcement.trade.gov/steel/license/index.html  (Please note there were official U.S. 
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; January and July 2013; and January 2014). 
 3.  The steel licensing system applies to goods originating in and coming from all countries.  
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://enforcement.trade.gov/steel/license/index.html .  
 
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 G/LIC/N/3/USA/12 
 
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  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://enforcement.trade.gov/steel/license/index.html . The registrant fills in the requested 
demographic information and sends it to the st eel 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.  Informat ion 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 U.S. dollars for each product imported. 
 
11.  The 9-digit steel license number is required as part of the CBP Entry Summary for goods brought into the U.S. 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 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.  
17. (a) No. 
 (b) No. 
 
Other Procedural Requirements 
18.  No. 
 
19.  Not applicable. 
 G/LIC/N/3/USA/12 
 
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  3  DEPARTMENT OF ENERGY 
3.1  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. 
 
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. 
 G/LIC/N/3/USA/12 
 
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  (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 Forrestal Building, 1000 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.  
Documentation 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.  
For applications involving gas (other than LNG) imports with nations with which the United States 
does not have a free trade agreement requiring na tional 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: http://energy.gov/fe/office-fossil-energy . 
 
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. 
 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. 
 G/LIC/N/3/USA/12 
 
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  19.  Not applicable. 
 4  DEPARTMENT OF INTERIOR 
4.1  US Fish and Wildlife Service 
4.1.1  Fish and wildlife (inc luding endangered species) 
Outline of system 1.  On 25 August 1980, the Fish and Wildlife Service (the Service) published final rules revising 50 
CFR Part 14 (Importation, Exportation, and Transporta tion of Wildlife) to implement provisions of a 
number of wildlife laws enforced by the Service.  Subsequent updates were made 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 persons excepted from the requirement by the rules.  The licensing provisio n 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: 
 
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 G/LIC/N/3/USA/12 
 
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  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) include: 
 
(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. 
 
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; G/LIC/N/3/USA/12 
 
- 18 - 
 
  (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. 
 
Documentation 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.  
12.  The licence fee is US$ 100.00. 
 13.  Applications must be accompanied by the licence fee. 
 G/LIC/N/3/USA/12 
 
- 19 - 
 
  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.   
 19.  Not applicable. 
 G/LIC/N/3/USA/12 
 
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  5  DEPARTMENT OF JUSTICE 
5.1  Bureau of Alcohol, Tobacco, Firearms and Explosives 5.1.1  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. Ch apter 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 business 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/12 
 
- 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)  No.  A license cannot be granted immediately on request. 
 
(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 the 
Director of the ATF by requesting a hearing, furthe r to United States District Court, if desired by 
filing a petition for review within 60 days of the de nial 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: two years from date of issue or unt il 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/12 
 
- 22 - 
 
  5.1.2  Firearms, ammunition and defense articles 
Outline of system 1.  The United States maintains a system of re gistrations and permits to control the permanent 
importation of arms, ammunition and defense articles.  The law and regulations of these imports 
are administered by ATF pursuant to the Gun Co ntrol 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 13637 (78 F.R. 16129).  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, administrati ve appeals may be made through the Director of 
the ATF.  If a permit is denied, revoked, suspended, or revised, the importer or applicant shall be advised in writing of the decision and the reas ons therefor.  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 re view by the appropriate ATF officer. 
 
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.  ATF Form 4587 and ATF Form 6.  No supporting documentation is required.  
 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). G/LIC/N/3/USA/12 
 
- 23 - 
 
  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:  two years 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. 
 5.1.3  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 U.S.C. 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 for a license or permit must be approved or denied within 90 days after 
receipt.  Usual turn-around time from receipt of application to issuance of license or permit is 90 days.  This timing is due to the stat utory 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 as conduct a background check and interview before approving the application.  
 
(b) No. G/LIC/N/3/USA/12 
 
- 24 - 
 
  (c) No. 
 (d) Yes, consideration of applications is effected by a single administrative organ (ATF).  
8.  No additional circumstances apply.  The ap plication 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 revocation of a license, administrative appeals may 
be made through the Director, ATF, and then there is right of appeal 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 license 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. 
 5.2  Drug Enforcement Administration 
5.2.1  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 G/LIC/N/3/USA/12 
 
- 25 - 
 
  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.  
 The Drug Enforcement Administration (DEA) serves as the United States competent authority for 
the regulatory provisions associated with th e above three international conventions and is 
responsible 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 phenylpropanolam ine, the importer must apply to the DEA for 
registration as an importer.  The registration application must be approved by the DEA and is 
issued annually.  Upon registration approval and prior to each 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 an 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) Notify the Administrator of the DEA not later than 15-days in advance prior to importation 
of any listed chemical that meets or exceeds th e threshold quantities set by regulation or 
is a listed 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, Section 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 
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, G/LIC/N/3/USA/12 
 
- 26 - 
 
  (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 percent 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.  A final rule (21 CFR, Part 1312 – Authorized Sources of Narcotic Raw Materials) was published in February 2008 and became 
effective on 7 March 2008.  The rule provided the DEA registered importers with another potential 
source, i.e., Spain, from which to purchase narcotic  raw material that is 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 United States Congress amended the Controlled Substances Act with passage of the Combat Methamphetamine Epidemic  Act of 2005 (CMEA).  The CMEA required the 
establishment of a first-time assessment of annual need for the listed chemicals ephedrine, 
pseudoephedrine, and phenylpropanolamine and a quota system to provide for those legitimate 
needs. Further, the CMEA amended Title 21, United States Code, Section 952 by adding the three 
listed chemicals (ephedrine, pseudoephedrine, and phenylpropanolamine) to existing language 
concerning importation of controlled substances.  The 2007 assessment of annual needs for ephedrine, pseudoephedrine and phenylpropanolam ine set upper limits on the quantity of these 
listed 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 the 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 established 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, Parts 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. 
 
III. Import permits are issued pursuant to applications by registered importers who have 
demonstrated the medical, scientific or other legitimate need for the imported substance.  
Declarations and notices are submitted as advanced notification of import only for 
monitoring purposes by the DEA. 
 IV. Not applicable; individual determinations are made. G/LIC/N/3/USA/12 
 
- 27 - 
 
  V.-VI. Applications to import are reviewed upon receipt by the DEA. 
 VII. The DEA considers and reviews for possible approval, all applications for importation of 
controlled substances.  Copies of import permits are provided to United States 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 with the DEA. 
 (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.  The DEA.  
8.  A registered importer can be refused an importation if the importer cannot demonstrate the 
legitimate need in the United States, in line with the above criteria.  
Eligibility of importers to apply for licence 
9.  Imports are only approved for the DEA registered importers who must be inspected for 
adequate records, security, state approval, etc., prior to registration with the DEA.    
Documentation 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 .  Registration fees are as follows: 
 
Registrant Class Annual Fee 
Importers/Exporters (Controlled 
Substances) $1,523 
Importers/Exporters (Chemical) $1,523 
 
13.  No.  Conditions of licensing 
14.  Registration with the DEA is annual.  Controlled Substance permits are not valid after the 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 of a controlled substance or list ed chemical which is made without a valid permit, 
notice, or declaration is subject to seizure and civil or criminal penalties. G/LIC/N/3/USA/12 
 
- 28 - 
 
  16.-17.   No.  
 Other procedural requirements 
18.  No.  
 
19. Not applicable.   
6  DEPARTMENT OF TREASURY 
6.1  Alcohol and Tobacco Tax and Trade Bureau 6.1.1  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 six to ei ght 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. 
 
(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 G/LIC/N/3/USA/12 
 
- 29 - 
 
  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. 
 6.1.2  Distilled spirits or alcohol for indust rial 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. 
 G/LIC/N/3/USA/12 
 
- 30 - 
 
  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 six to eight 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. 
 
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. 
 G/LIC/N/3/USA/12 
 
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  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. 
 6.1.3  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. 
 
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-G/LIC/N/3/USA/12 
 
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  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 
26 August 2013, are valid for three years from th e 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 26 August 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. 
 
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. 
 G/LIC/N/3/USA/12 
 
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  Other Procedural Requirements 
18.  TTB has no other administrative procedures, ap art from permit requirements, required prior to 
importation.  
19.  Not applicable. 
 
7  VII.   NUCLEAR REGULATORY COMMISSION  
7.1  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 
(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. 
 
                                               
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/12 
 
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  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). 
 
On 10 July 2014, the NRC amended its regulations pe rtaining to the export and import of nuclear  
materials and equipment to conform United States export controls to the international export control guidelines of the Nuclear Suppliers Group (NSG), of which the United States is a member, and to incorporate by reference the current version of the International Atomic Energy Agency's 
(IAEA) document, “Nuclear Security Recommendations on Physical Protection of Nuclear Material 
and Nuclear Facilities (INFCIRC/225/Revision 5), January 2011.  
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. 
 G/LIC/N/3/USA/12 
 
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  (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 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 2014, the fees for import applications range from US$ 1400 to US$ 18,200). 
 
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 G/LIC/N/3/USA/12 
 
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  pending receipt and thus would not be included as special import license conditions. Such 
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. 
 
__________