The Sphere of Import Permits
Import-related permits are determined by the catalogue of permit types in the licensing law, and the catalogue reflects exactly which goods fall under the state’s special control when crossing the border. In the import direction the catalogue provides for: the permit for the import of products subject to veterinary control; the permit for the import of products of plant origin subject to phytosanitary control; the permit for the import, export and transit of waste; the permit for the import, export, re-export and transit of substances contemplated by the 1987 Montreal Protocol on ozone-depleting substances; the permit for the import, export and transit of radioactive material and its return to the producer, as well as the import and export of nuclear technologies or know-how; the permit for the export, import, re-export and introduction from the sea of species included in the annexes of the convention on international trade in endangered species of wild fauna and flora, their parts and derivatives; the permit for the import, export, re-export or transit of civil arms and ammunition; the permit for the import of military production and the permit for brokerage services; the permits for the import, transit and technical assistance concerning dual-use products; the permit for the import or export of medicinal substances subject to special control; and the permit for the import of non-iodized salt. The list is exhaustive: for other goods no import permit is required under this law.
The Application and Required Documentation
A permit seeker submits to the issuer a written application whose submission, examination and acceptance into proceeding follow the procedure established by the General Administrative Code. The application must contain an indication of which type of permit the seeker requests, together with a list of attached documents. A private-law legal entity and an individual entrepreneur attach extracts from the public registry; a natural person attaches copies of identification documents; a public-law legal entity attaches certified copies of founding documents. The application is accompanied by proof of payment of the permit fee — its amount and refund procedure are determined by the separate law on fees. Additional permit conditions are established by law or, on its basis, by a normative act of the government or a decision of a municipality’s representative organ.
If the seeker already holds a permit for a similar type of action, the issuer does not investigate the circumstances already established upon issuance of the previous permit. The seeker must present the factual circumstances confirming additional conditions whose confirmation is not directly connected with the proceeding — their confirmation takes place in a separate administrative proceeding. At the same time the seeker is entitled not to present documents issued by another administrative organ that serve as the basis for issuance: the issuer transmits copies to the other organ immediately upon establishing conformity, no later than 3 days. The other organ adopts a decision no later than 15 days from the submission of the copies; where insufficient, an extension may be requested by motion no later than 5 days from receipt, with the decision reaching the issuer no later than 17 days. If within the term neither confirmation nor reasoned refusal occurs, the additional conditions are deemed satisfied. Upon a change of data the holder must notify the issuer within 7 days; a branch may likewise carry out the action, and requiring a separate permit for it is impermissible.
The General Issuance Rule
The issuer adopts its decision on issuance under the simple administrative proceeding determined by Georgian legislation — meaning that the bulk of import permits is issued through a fast procedure without public familiarisation and hearing. The exception is the separately described cases in which issuance by competition or another special procedure is established.
Grounds for Refusal
The issuer does not grant a permit if: the application and attached documents do not meet the requirements of the law and were not corrected by the seeker within the established term; the seeker does not satisfy the permit conditions established by law or on its basis; or the seeker has been deprived, by a court conviction that has entered into legal force, of the right to carry on activity in the respective permit sphere. These three grounds are exhaustive — a refusal on another motive is unlawful and appealable.
Frequently Asked Questions
These questions arise most frequently in connection with import permits.
Which goods require an import permit?
The goods of the catalogue: veterinary- and phytosanitary-controlled products, waste, ozone-depleting substances, radioactive material, species in the convention’s annexes, civil arms, military and dual-use products, specially controlled medicines and non-iodized salt.
Through which proceeding is a permit issued?
As a rule, simple administrative proceedings — except the separately described cases, where issuance proceeds by competition or another special procedure.
When may refusal occur?
Only three: the application fails the requirements and was not corrected in term; the permit conditions are not satisfied; or the activity right was deprived by a conviction in force.
Who establishes facts within another organ’s competence?
The other administrative organ: the issuer transmits copies no later than 3 days; the organ decides within 15 days; an extension may be sought within 5 days by motion, and the decision reaches the issuer within 17 days.
Must data changes be notified?
Yes — the holder must notify the issuer within 7 days of a change; a branch may likewise carry out the action without a separate permit.
How We Help on Legal.ge
The importer’s legal discipline fits into five steps: verify the classification of the goods; prepare the application with the precise permit type; observe the correction deadlines; remember the 7-day notification duty; and rely on the simple proceeding — with complete documentation it is short. The lawyers of Legal.ge will assist from classification to application and, on refusal, to challenge. Submit a request on the site.