Basic information
Outline of the system
The import of rough diamonds is subject to licensing control under Law No.15/2019 and Administrative Regulation No.29/2019, and is administered by the Economic and Technological Development Bureau.
Product coverage
This licensing system covers three types of rough diamonds of which the HS codes are 7102.10, 7102.21 and 7102.31.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-automatic licensing to pursue obligations under the Kimberley Process Certification Scheme
Products under restriction as to the quantity or value of imports
Macao Special Administrative Region implemented the Kimberley Process Certification Scheme (KPCS) through the People’s Republic of China on 1 October 2019. This licensing system is not construed to be a means to place restrictions on either the quantity or the value of imports, but to ensure that international trade of rough diamonds fulfil the international obligation in line with KPCS.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
This licensing system applies in rough diamonds accompanied by a Kimberley Process (KP) Certificate issued by the government of the exporting country or territory, and shall be limited to only among KP members, which prohibit import of rough diamonds in absence of a Certificate issued by a KP member, as well as export of rough diamonds to non-KP members.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Licensing of the above-mentioned rough diamonds is a statutory requirement maintained under Law No.15/2019 and Administrative Regulation No.29/2019.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave their designation to be subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Legislative approval is required before any changes could be made to the existing system.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Importers who comply with Article 11 of Law No.7/2003, amended by Law No.3/2016, are eligible to apply for licenses.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Economic and Technological Development Bureau, Foreign Trade and Economic Cooperation Department
Address
Rua Dr. Pedro José Lobo, 1-3, Luso International Bank Building, 2/F., Macao, China
Telephone
(853) 8597 2281
Fax
(853) 2871 2551
Contact officer
Mr. Tai Kin Ip (Director)
Submission of an application
Administrative body(ies) for submission of an application
Economic and Technological Development Bureau, Foreign Trade and Economic Cooperation Department
Documentation requirements
What information is required in applications?
Applicants must submit applications for Import License by means of Electronic Data Interchange (EDI).
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
A legal/natural person shall obtain an import license from the Economic and Technological Development Bureau before importing any consignment of rough diamonds.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There is no limitation as to the period of the year during which application for licenses and/or importation may be submitted.
Issuing the license
Can a licence be granted immediately on request?
Where there is proof of a genuine need, import licenses might be processed immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
The Economic and Technological Development Bureau is the sole administrative organ to issue licenses for the rough diamonds.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No administrative fee is charged for the issuance of import licenses.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
No application will be refused if the ordinary criteria are met.
Are the reasons for any refusal given to applicants?
The applicant will be informed of the relevant reasons.
Have applicants a right of appeal in the event of refusal to issue a licence?
In circumstances where license application is not accepted, the applicant has the right to appeal.
If so, to what bodies and under what procedures?
In circumstances where a license application is not accepted, the applicant has the right to appeal to the Economic and Technological Development Bureau.
Importation
Are there any limitations as to the period of year during which importation may be made?
There is no limitation as to the period of the year during which application for licenses and/or importation may be submitted.
What documents are required upon actual importation?
A copy of the Kimberley Process Certificate issued by the competent authority of the place of provenance and operating license (import & export) issued by the Economic and Technological Development Bureau have to be presented upon actual importation. While commercial invoices of the rough diamonds concerned, manifests of cargo, remittance receipts and other documents need to be presented as well if necessary.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
According to Law No.15/2019, applicants are required to hold a valid Operating License for importation of rough diamonds.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilisation of an import license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import licenses are neither transferable nor negotiable among importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no foreign exchange controls.
Is a licence required as a condition to obtaining foreign exchange?
No license is required as a condition to obtaining foreign exchange.