Page 27 - Regional Comprehensive Economic Partnership (RCEP)

a Party provide the notification later than 60 days after the date of employed by its respective licensing authorities in granting or
its publication. A notification provided under this paragraph shall denying import licences. The importing Party shall publish
include the information specified in Article 5 of the Import sufficient information for the other Parties and traders to know the
Licensing Agreement. A Party shall be deemed to be in basis for granting or allocating import licences.
compliance with this paragraph if it notifies a new import licensing
procedure or a modification to an existing import licensing 8. No application for an import licence shall be refused for minor
procedure to the WTO Committee on Import Licensing in documentation errors that do not alter the basic data contained
accordance with paragraph 1, 2, or 3 of Article 5 of the Import therein. Minor documentation errors may include formatting
Licensing Agreement. errors, such as the width of a margin or the font used, and spelling
errors which are obviously made without fraudulent intent or gross
4. Before applying any new or modified import licensing procedure, negligence.
a Party shall publish the new procedure or modification on an
official government website. To the extent possible, the Party 9. If a Party denies an import licence application with respect to a
shall do so at least 21 days before the new procedure or good of another Party, it shall, on request of the applicant and
modification takes effect. within a reasonable period after receiving the request, provide the
applicant with an explanation of the reason for the denial.
5. The notification required under paragraphs 2 and 3 is without
prejudice to whether the import licensing procedure is consistent
with this Agreement. Article 2.20: Fees and Formalities Connected with Importation and
Exportation
6. A notification made under paragraph 3 shall state if, under any
procedure that is a subject of the notification: 1. Each Party shall ensure, in accordance with paragraph 1 of Article
VIII of GATT 1994, that all fees and charges of whatever
(a) the terms of an import licence for any product limit the character (other than import or export duties, charges equivalent
permissible end users of the product; or to an internal tax or other internal charge applied consistently with
paragraph 2 of Article III of GATT 1994, and anti-dumping and
(b) the Party imposes any of the following conditions on countervailing duties) imposed on or in connection with
eligibility for obtaining a licence to import any product: importation or exportation are limited in amount to the
approximate cost of services rendered and do not represent an
(i) membership in an industry association; indirect protection to domestic goods or a taxation of imports or
exports for fiscal purposes.
(ii) approval by an industry association of the request
for an import licence; 2. Each Party shall promptly publish details of the fees and charges
that it imposes in connection with importation or exportation and
(iii) a history of importing the product, or similar shall make such information available on the internet.
products;
3. No Party shall require consular transactions, including related
(iv) minimum importer or end user production capacity; fees and charges, in connection with the importation of a good of
another Party. No Party shall require that any customs
(v) minimum importer or end user registered capital; or documentation supplied in connection with the importation of any
good of another Party be endorsed, certified, or otherwise sighted
(vi) a contractual or other relationship between the or approved by the importing Party’s overseas representatives, or
importer and distributor in the Party’s territory. entities with authority to act on the importing Party’s behalf, nor
impose any related fees or charges.
7. Each Party shall, to the extent possible, answer within 60 days all
reasonable enquiries from another Party regarding the criteria

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