Import permit
In foreign trade and foreign trade policy, import permit (or import permit ) is the official permit for the import of goods that require a permit . The counterpart is the export license .
General
In principle, foreign trade is free in accordance with Section 1 (1) sentence 1 AWG . This means that free trade is legally implemented. However, Section 1, Paragraph 1, Clause 2 and Paragraph 2 AWG open up the possibility of restricting foreign trade, which is a non-tariff barrier to trade . If there is an import ban , no import permit can be issued. Such restrictions can be achieved through an authorization requirement or a ban . These possibilities can be based on national law, EU law or in international trade agreements .
In order to protect various branches of the European and thus also German industry from uncontrolled market access by third countries , import licenses are issued by the competent licensing authorities for goods subject to licensing under certain conditions.
Legal issues
If legal transactions require an import license in accordance with Section 8 (1) AWG, the license is to be granted if it is to be expected that the execution of the legal transaction will not endanger the purpose of the AWG or only to an insignificant extent. In other cases, approval can be granted if the economic interest in carrying out the legal transaction outweighs the associated impairment of the purpose stated in the authorization. An import permit is required for goods that are marked in the import list as requiring approval.
Import permits represent an administrative act. The Federal Office of Economics and Export Control (BAFA) is responsible for issuing administrative acts and receiving reports as well as legal acts of the Council or the Commission of the European Union in the area of foreign trade law in accordance with Section 13 AWG .
If the import of goods is subject to surveillance on the basis of a legal act of the European Union, a surveillance document on an import document in accordance with the legal acts of the European Union will be issued in accordance with Section 36 (1) AWV for import without a license. The import document is valid throughout the Union. The authorities responsible for issuing import permits and import licenses (BAFA) within the meaning of Section 13 AWG can provide the details that must be observed when applying for the permit by means of a general order .
The import or export of certain agricultural products to or from EU member states is only permitted with the use of an import or export license. The products that are generally subject to licensing are listed in the annex to Regulation (EU) 2016/1237 of May 18, 2016 to supplement Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to the implementing provisions for the regulation on importation and Export licenses listed. Agricultural products that meet the requirements of Section 40 AWV do not require an import permit and, among other things, no certificate of origin .
For certain goods , e.g. B. Due to the small quantity of goods, the low value or the special purpose of use, not subject to market surveillance under foreign trade law, no import permit is required. The relevant catalog of goods is listed in § § 40 AWV, § 41 AWV and § 42 para. 4 AWV.
If there are import bans, no import permit can be issued. This applies in particular to cultural goods for which a prohibition arises from Section 21 KGSG or Section 28 KGSG.
economic aspects
Import permits and import bans are trade barriers that restrict free trade. Restrictive handling of import permits leads - under otherwise unchanged conditions - to lower imports and thus to an improvement in the trade balance . Since imports are required domestically and are not available, inflation occurs - all other things being equal . Conversely, the same applies to the expansive handling of import permits. Trade policy measures such as restrictive import permits, a stronger focus on exports , expansive import restrictions or import tariffs can offset a negative currency balance and vice versa. This means that import permits influence the export balance , foreign trade and production value . Foreign trade policy therefore also has an impact on national economic policy .
International
Switzerland
In Switzerland is the import license import license . According to Article 19 Paragraph 1 of the Goods Control Ordinance (GKV), import permits and import certificates are only issued to natural or legal persons who have their place of residence, their place of business or their branch in the Swiss customs area or in a Swiss customs exclusion area. Anyone wishing to import goods for which the exporting state expressly requires an import certificate can, in accordance with Art. 22 GKV, request the State Secretariat for Economic Affairs (SECO) to issue the import certificate.
- Single import permit
An import license from Swissmedic must be obtained in Switzerland to import immunological medicinal products, blood and blood products . The permits are only issued as individual import permits . The basis for the authorizations is Article 35 of the Federal Act of December 15, 2000 on Drugs and Medical Devices (HMG) and Article 32 to Article 35 of the Ordinance of October 17, 2001 on Authorizations in the Pharmaceutical Sector (MPLO). Around 1500 permits of this type are issued each year.
- General import permit
A general import permit (GEB, French permis général d'importation ), according to Swiss law an authorization to acquire tariff quotas accordingly to quota. A GEB can only be issued to persons who have their place of residence or head office in the Swiss customs area, is valid for an unlimited period, but is not transferable. If the GEB rights are not used to an appropriate extent, the GEB can be withdrawn.
On a customs declaration of goods for which a GEB is required, the number of the GEB of the importer, the recipient of the goods or the intermediary must be given. The necessity of the GEB is regulated in the respective laws, for example as an appendix.
According to the Ordinance on the Import of Agricultural Products ( Agricultural Import Ordinance , AEV, SR 916.1) of October 26, 2011, a license from the Federal Office for Agriculture (FOAG) is required to import certain agricultural goods that are listed in the appendix to the law.
The ordinance on the compulsory storage of liquid fuels and fuels (SR 531.215.41) speaks of a general license. However, the language used by the Carbura responsible for compulsory storage refers to this as a general import permit.
According to the Federal Act of 13 December 1996 on War Material (War Material Act, KMG), a general import and transit permit must be available for the import and transit of war material. The permit is issued by the State Secretariat for Economic Affairs , which issues up to ten permits per year. The approval can be refused if there are reasons according to Art. 24 Art. 24 KMG.
A GEB from the Federal Office for the Environment (FOEN) is required for the import of ozone-depleting substances into Switzerland .
Austria
The legal basis in Austria is the Foreign Trade Act (AusWG). Unless directly applicable law of the European Union contradicts this, the Federal Minister of Economics, Family and Youth has to stipulate by ordinance an authorization requirement for the import of goods traffic with individual or all third countries ( Section 14 (3) Foreign Trade Act). According to Section 18, Paragraph 1 of the Foreign Trade Act, the importation of chemicals in categories 1 and 2 from a state that is not a party to the Chemical Weapons Convention is prohibited .
United States
In the USA a prior notice ( English prior notice ) with the Food and Drug Administration (FDA) is required for food , which also issues the import permit ( English import permit ). The FDA also handles the drug approval process . Import restrictions exist on a wide range of goods, including food, pharmaceuticals, medical devices, electronic devices, chemical products, hazardous substances, toys and a wide variety of consumer goods. There are special provisions for weapons and alcohol.
Washington Convention on the Protection of Species
According to the Washington Convention on the Protection of Species , international trade in certain animal species and their products such as ivory , caviar , wood products , pharmaceuticals or prepared animals is regulated, depending on the relevant appendix (I, II, III) and the comments made there. Depending on the annex, export or import permits are required that must meet certain requirements. Regulation (EC) No. 338/97 is based on this agreement ; Annex A of these provides for a marketing ban for certain animal and plant species . Permits from the importing and exporting country in the form of a CITES document are required for import and export.
Individual evidence
- ↑ Ute Arentzen / Eggert Winter, Gabler Wirtschafts-Lexikon , 1997, p. 1038
- ↑ Tobias Abersfelder, in: Ernst Hocke / Bärbel Sachs / Christian Pelz (eds.), Foreign Trade Law , 2017, p. 439
- ↑ Otmar Issing, Monetary Problems of Economic Policy in the EEC , 1964, p. 50
- ↑ Individual import permits according to HMG , accessed on January 1, 2020
- ↑ a b c Chapter 1, Art. 1 and 2 General Import License SR 916.01 of October 26, 2011
- ^ Federal Office for Agriculture FOAG: Import of agricultural products. In: blw.admin.ch. Accessed January 1, 2020 .
- ↑ General import permits (GEB) for applying for import permits A to C; accessed on January 1, 2020
- ↑ Article 17 Paragraph 3bis and 3ter ( SR 514.51 ) or Ordinance of 25 February 1998 on War Material (KMV) Article 9e ( SR 514.511 )
- ↑ Appendix 1.4 of the Ordinance on the Reduction of Risks when Handling Certain Particularly Hazardous Substances, Preparations and Objects , SR814.81
