March 20, 2022
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Licensing procedures (export and import)

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What is licensing in international trade?

Licensing is a restrictive measure that consists of the need to obtain permission from the competent authority to import or export goods. Under the GATT 1994, the application of such measures is allowed only in exceptional cases (as supporting measures for developing countries, to prevent or relieve critical shortages of foodstuffs, on any agricultural or fisheries products, etc.).

What is the import licensing procedure?

According to the WTO Agreement on Import Licensing Procedures (Article 1), the term 'Import licensing procedure' refers to an administrative procedure, used for the operation of import licensing regimes, requiring the submission of an application or other documentation other than what is generally required for customs clearance purposes to the relevant administrative body as a prior condition for importation into the territory of the WTO Member State.

The main requirements for licensing are transparency, fairness, and predictability of the procedures. It practically means that countries have to publish sufficient information for traders to know the basis on which licenses are granted.

What is the export licensing procedure?

The term 'Export licensing procedure' means an administrative procedure, whether or not referred to as licensing, used for the operation of export licensing regimes, requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body as a prior condition for exportation from the customs territory. This definition can be found in free trade agreements.

What is a practical example of licensing?

For example, on 3rd February 2022, the European Commission informed that it formally ended its investigation under the EU’s Trade Barriers Regulation (TBR) concerning measures taken by Mexico relating to its exportation of 'Tequila', following the successful resolution of the issue. The complaint had been brought by Brewers of Europe, who had argued that Mexico’s refusal to issue export certificates for 'Tequila' was WTO incompatible, causing significant economic damage to an EU company relying on 'Tequila' as an input. In the course of its investigation, the Commission raised concerns with the Mexican authorities about the WTO compatibility of the measure. The measure was also challenged by the affected exporter before domestic courts in Mexico.

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image en
SPS - control of animal and plant products
22-02-2023

Anthony Buckley

restrictions and prohibitions
image en
SPS - control of animal and plant products
22-02-2023

Anthony Buckley

restrictions and prohibitions
lt
Galimai nepatikimi prekės tiekimo sandoriai po importo = importo draudimas?
05-02-2023

„Ginčo prekės tiekimo sandoriai (numatyti po importo) nepatikimi, todėl prekė negali būti įvežta į Sąjungos muitų teritoriją“ – tam tikrais atvejais importuotojai gali sulaukti ir tokio Lietuvos muitinės, sulaikiusios krovinį, verdikto. Apžvelkime aktualią Lietuvos vyriausiojo administracinio teismo (LVAT) nutartį, nepalankią importuotojui.

Jurgita Bartninkienė

restrictions and prohibitions
lt
Galimai nepatikimi prekės tiekimo sandoriai po importo = importo draudimas?
05-02-2023

„Ginčo prekės tiekimo sandoriai (numatyti po importo) nepatikimi, todėl prekė negali būti įvežta į Sąjungos muitų teritoriją“ – tam tikrais atvejais importuotojai gali sulaukti ir tokio Lietuvos muitinės, sulaikiusios krovinį, verdikto. Apžvelkime aktualią Lietuvos vyriausiojo administracinio teismo (LVAT) nutartį, nepalankią importuotojui.

Jurgita Bartninkienė

restrictions and prohibitions
en, lt
The European Union Carbon Border Adjustment Mechanism – the launch in 2023
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In mid-December 2022, negotiators of the Council and the European Parliament reached an agreement of a provisional and conditional nature on the Carbon Border Adjustment Mechanism (CBAM). The agreement needs to be confirmed by ambassadors of the EU member states, and by the European Parliament, and adopted by both institutions before it is final. However, according to the agreed timetable, the transition period for its implementation is set to come into force in October 2023. What should companies do?

Dr David Savage

restrictions and prohibitions
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The European Union Carbon Border Adjustment Mechanism – the launch in 2023
29-01-2023

In mid-December 2022, negotiators of the Council and the European Parliament reached an agreement of a provisional and conditional nature on the Carbon Border Adjustment Mechanism (CBAM). The agreement needs to be confirmed by ambassadors of the EU member states, and by the European Parliament, and adopted by both institutions before it is final. However, according to the agreed timetable, the transition period for its implementation is set to come into force in October 2023. What should companies do?

Dr David Savage

restrictions and prohibitions
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What is the design behind export controls and sanctions?
26-01-2023

Annette Reiser

restrictions and prohibitions
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What is the design behind export controls and sanctions?
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Annette Reiser

restrictions and prohibitions
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Export control in trade within EU: 3 case studies
22-01-2023

Even in these difficult times, it is important for all companies to always conduct their business legally safely. While a few months ago it was still completely 'normal' business within the European Union or third countries, things can be very different at the moment. Possessing an end-use statement makes a lot of sense, even if you are making only a seemingly harmless sale of goods within the European Union. Let's take a look at 3 practical examples.

Rolf Finger

restrictions and prohibitions
de, en
Export control in trade within EU: 3 case studies
22-01-2023

Even in these difficult times, it is important for all companies to always conduct their business legally safely. While a few months ago it was still completely 'normal' business within the European Union or third countries, things can be very different at the moment. Possessing an end-use statement makes a lot of sense, even if you are making only a seemingly harmless sale of goods within the European Union. Let's take a look at 3 practical examples.

Rolf Finger

restrictions and prohibitions
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