Mongolia Member profile
Status of notification in the reporting periods
2010-2012
2012-2014
2014-2016
2016-2018
2018-2020
2020-2022
2022-2024
2024-2026
Notification information
Types of restrictions
All biennial periods and all notifications
Top 10 HS chapters notified
All biennial periods and all notifications
Top 10 WTO justifications notified
All biennial periods and all notifications
Top 10 Non-WTO commitments notified
All biennial periods and all notifications
QR details
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Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/406/Rev.1
A. Import prohibitions and restrictions and import licensing
3.48.
Article 8 of the Customs Law provides the rules for goods subject to import prohibition or restriction. It gives the Parliament and the Government the right to impose prohibitions and non-tariff restrictions on goods, except for those already stated in other laws. Goods prohibited from importation are not allowed in the customs territory. If they are brought in, they must be removed immediately or, if that is not possible, stored in a customs zone or temporary warehouse for up to three days, after which time Mongolian Customs shall take measures for their destruction. Prohibited goods are also prohibited to transit, unless specifically allowed under international treaties. Lastly, the Customs Law prescribes that Mongolian Customs is responsible for notifying the public about goods subject to prohibition or restriction.
3.49.
Similar to other countries, many import (and also export) prohibitions and restrictions emanate from international treaties to which Mongolia is a party, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Hague Convention for the Protection of Cultural Property, the Convention on International Trade in Endangered Species (CITES), the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, the Protocol to Eliminate Illicit Trade in Tobacco Products, the Montreal Protocol on Substances that Deplete the Ozone Layer, the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Stockholm Convention on Persistent Organic Pollutants, and the Minamata Convention on Mercury.[78] Additionally, a number of domestic provisions are also in place, such as the requirement for an import licence for jet fuel.[79] The complete lists of prohibited goods and those subject to restriction are outlined in Tables 3.13 and 3.15.
3.50.
Since the last Review, more products have been added to the lists of prohibited and restricted goods. The main change to the import licensing regime was the addition of firearms and ammunition in 2015.
3.51.
In August of 2015, Parliament approved amendments to the Law on Firearms.[80] The main objective of its Article 16 is to regulate the issuance of import licences and public sale permits of firearms and ammunitions. As a result, the following changes were made to the import licensing procedure: the special permit for importing and manufacturing ammunitions shall be given to a person not holding a permit for the import or sale of firearms through a competitive selection process; such selection shall be conducted by a commission that consists of representatives of central administrative bodies in charge of justice, sports, nature and the environment, intelligence, police organizations, and Mongolian Customs; a legal person, an individual holding a permit to conduct sports training, shall have permission for the import and sale of ammunitions within their premises; and annual import quantities of firearms, types of ammunition, and their designated usage shall be constituted by the government department in charge of justice based on the commission proposals.
3.52.
As such, a government resolution of 11 January 2016 amended the List of Coded Products Subject to Import Licensing, by including a section on "guns, weapons, tactical devices, techniques and its spare parts and accessories".[81]
3.53.
Mongolia had a regulation on the Temporary Procedures for Issuing Permits for the Export and Import of Strategic Food items since 2013 pursuant to the Articles 3 and 6 of the Food Law.[82] This Resolution implemented the procedures for issuing import and export licences for a specific list of strategic food items that is otherwise controlled or restricted by annual quota. As at 2020, the list included 33 tariff lines, mostly meat products (Table 3.14). MOFALI determines the type and quantity of these foods that can be imported and exported in a given year through an Order.[83] For example, the latest Order (A-519) for 2020 allowed the importation of 500 tonnes of beef, 4,000 tonnes of dry milk powder, 15,000 tonnes of wheat seed, and 60,000 tonnes of durum wheat.[84] Quota levels and licences for the year are announced on the MOFALI website, after which legal entities registered in Mongolia may submit a tender. A working group of the MOFALI is responsible for selecting the candidates and issuing the licences, which are not transferable. After receiving the approval (licence), importers and exporters have six months to import/export the product. In August 2019, the 2013 resolution was updated and replaced by a new resolution on the Procedure for Issuing Permits for Export and Import of Strategic Food.[85] The main elements of the earlier resolution remain intact, but the new one allows for the use of a one-stop shop or single window application for the licensing process.
3.54.
A number of categories of products are also subject to restriction or licensing requirements (Table 3.15). Licensing requirements emanate from Article 8 of the Customs Law, and are further expanded upon in Government Resolution No. 219 of 25 October 2002, as amended.[86] As stated in the Resolution, the issuance of licences is under the authority of the respective state administrative body, and licences are issued for a period of up to one year, which may be extended for an additional year. The Resolution also specifies standard forms for the application and the issuance of licences, and for reporting to the Ministry of Industry and Trade.
3.55.
Mongolia has not notified these measures to the WTO pursuant to the notification requirements on quantitative restrictions or import licensing, as applicable, during the review period.
B. Export prohibitions and restrictions
3.65.
Article 5 of the Customs Law prescribes the rules of prohibited and restricted goods for export. Goods prohibited to be exported by legislation are not allowed to leave the customs territory, and the same applies for goods in transit unless otherwise prescribed in international treaties (Table 3.18). Similar to the situation for imports (Section 3.1.5), many of the export prohibitions or restrictions emanate from international agreements and have been in place for many years without modification. Mongolia also maintains a list of goods subject to control or licensing upon export (Table 3.19).
3.66.
According to a government resolution of July 2019, the export of Saker falcons is prohibited.[97] This is a continuation of an earlier measure from 2013 that applied for five years. It was prohibited during the entire review period.[98] Exports of foods identified as "strategic food items" are controlled by quantitative restrictions and licensing (Table 3.14 and Section 3.1.5).
WTO's environmental database (EDB)
The EDB contains environment-related measures that may qualify as QRs and therefore should be notified under the QR Decision.