Myanmar Perfil del Miembro
No notifications submitted by Myanmar
Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/405/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
3.26.
Myanmar prohibits or restricts the import of certain goods on the grounds of: protection of national security; protection of public order and standards of decency and morality; protection of human, animal, or plant life or health; protection of national treasures of artistic, historic, or archaeological value; conservation of natural resources; compliance with the provisions of any legislation of Myanmar; and the fulfilment of obligations under the UN Charter.
3.27.
Under the Export and Import Law, 2012, the list of prohibited imports is maintained by the MOC, and any changes to the list are reviewed by the Department of Trade of the MOC with the approval of the Union Cabinet. Currently, this list includes beer, cigarettes, and goods prohibited under existing legislation.[57] Section 18 of the Sea Customs Act prohibits the imports of, inter alia: counterfeit currency and coins; pornographic material; and counterfeit trademark goods. Other prohibited goods under different legislation are: all kinds of narcotic drugs and psychotropic substances[58]; playing cards; goods bearing the imprint or reproduction of the flag of Myanmar; goods bearing the emblem of Buddha and pagodas of Myanmar; arms and ammunition; antiques and archaeologically valuable items; and wildlife and endangered species.
3.28.
Under Section 19 of the Sea Customs Act, the Minister of Planning, Finance and Industry may prohibit or restrict imports; these are notified through the Official Gazette.
3.29.
Imports of certain products are restricted; such products require a recommendation from the relevant government department or agency for importation (Table 3.6). All pre-packaged imported foodstuffs require an Import Recommendation from the FDA. All drugs, medicines, cosmetics, and foodstuffs to be imported must also be registered with the FDA, under the Ministry of Health and Sports. Additionally, for the issuance of the import licence for drugs and medicines, the importer must provide a drug importation approval certificate, a drug wholesalers licence, and a drug registration certificate.
3.30.
Imports of certain fruits are permitted only at certain times of the year, when they are not produced in Myanmar.[59] The authorities stated that the temporary prohibition on the imports of beans is expected to be abolished in the first quarter of 2021. The prohibition was in place to keep domestic production and the price of beans stable.
3.31.
At the time of the last review, Myanmar had abolished import licensing requirements for 166 commodities (corresponding to more than 1,900 tariff lines). In 2015, it moved to a negative list regime (MOC Notification No. 65/2015). The new regime is regulated under the Export Import Law, 2012. Under the Law, the MOC issues notifications detailing the requirements and procedures for obtaining an import licence, and a list of goods that are subject to automatic or non-automatic licensing. Thus far, five such notifications have been issued. According to MOC Notification No. 68/2020, which was issued on 22 October 2020 (latest available), 3,931 (approximately 35% of all 10-digit level tariff lines) were on the import negative list and required either an automatic or non-automatic licence for import. This is a significant decline from the 2013 level. Currently, goods subject to licensing include: ozone-depleting substances and synthetic greenhouse gases; animals and animal products; plants, plant products and new plant varieties; radioactive material/irradiating apparatus; telecommunication apparatus; wild live animals and plants; pesticides; hazardous waste waste, parings, and scrap of plastics; human organs and tissues, and blood and its components; service and civil weapons, main parts (components) and cartridges thereof; medical products; dairy products; fur products; chemical weapons, chemicals, and their precursors; hazardous goods; industrial chemicals; motor vehicles; narcotic drugs, psychotropic substances, and related chemicals; plastic explosives; security sensitive ammonium nitrate; intoxicating liquor, tobacco, and denatured spirits; therapeutic substances and goods; scheduled wastes (toxic and hazardous wastes); electrical equipment; sugar; wheat flour; and cement.
3.32.
The ban on the import of alcoholic beverages was relaxed for hotel and duty-free shops in 2015.[60] The ban on liquor importation was abolished in May 2020.[61] The importation of alcoholic beverages is subject to licensing and other requirements, which have been notified to the WTO.[62]
3.33.
In 2019, Myanmar notified its import licensing requirements and their rationale to the WTO.[63]
3.34.
The Department of Trade of the MOC issues import licences. To obtain a licence, importers must apply in writing on the company's letterhead, pay the requisite fee[64], and furnish the pro-forma invoice, sales contract and, if required, recommendations from relevant government departments and/or organizations. Applications for import licences can be made online through the Myanmar TradeNet website. Import licences for the garment sector have been issued electronically issued since 2016.[65] As part of the response to the COVID-19 pandemic, aimed at trade facilitation, the MOC allowed electronic licence issuance for 1,339 tariff lines at the 10-digit HS level.[66] According to the authorities, 70% of the licences are issued online. Over 95% of the import licences are approved by the designated officer of the Department of Trade, and are granted within 24 working hours. However, a small portion (less than 3% of all the licences issued) need approval from the Export Import Coordinating Committee. The authorities stated that this was due to large import volumes, a novel product, or other factors.
3.35.
In addition to the Nay Pyi Taw and Yangon branches of the MOC, applications for import licences can also be submitted at border offices: few applications submitted at the border offices need approval from headquarters before being issued. Applications for licences can also be submitted at the MIC One-Stop-Service Centre.
3.36.
Myanmar does not impose any tariff rate quotas or quantitative restrictions.
B. Exportación prohibiciones y restricciones
3.50.
Under the provisions of the Export and Import Law, 2012, Myanmar prohibits the export of certain goods. As per the Law, the MOC maintains the list of prohibited and restricted goods, which are approved by the Union Cabinet. Any changes to the list are reviewed by the Ministry and subsequently notified to the public. As per Notification No. 59/2020 (latest available), issued on 17 August 2020, this list includes the export of diamonds, crude oil, ivory, elephants, horses and rare animals, arms and ammunition, and antiques, as well as the prohibited commodities listed under existing laws.[73]
3.51.
With a view to protecting national security, human life, morality and religion, and the environment, various ministries and departments also prohibit the export of certain goods, such as counterfeit currency and coins, pornographic material, narcotic drugs and psychotropic substances, minerals and metals that are prohibited under existing laws and regulations, and forestry products (raw timber, such as logs, boule-cut, baulk-square) that are prohibited under existing laws and regulations. Myanmar also prohibits the export of products prohibited under the UN Charter and international conventions.
3.52.
With a view to ensuring domestic supply of essential goods, ensuring national security, and protecting human, plant, and animal life and the environment, the MOC can impose temporary export restrictions. As such, with a view to ensuring domestic supply of essential foodstuffs during the COVID-19 pandemic, the Government restricted the export of rice[74], and notified this to the WTO.[75]
3.53.
At the time of the previous Review, Myanmar had started restructuring its export licensing regime. As an initial step, export licensing requirements for 152 types of goods were abolished in 2013. The restructuring continued during the current review period. As per MOC Notification No. 9/2018, issued on 8 February 2018, a negative list was introduced for export licensing, which included 3,345 HS lines (10-digit level, HS17).[76] As per MOC Notification No. 51/2020, issued on 8 July 2020, 1,224 HS lines based on the 2017 customs tariff of Myanmar (10-digit level) are on the negative list. This is a significant reduction, and the authorities stated that the restructuring process will continue. Export licences are issued by the Department of Trade, based on the recommendation of relevant ministries and agencies, and of business associations for certain products like garments (cut-make-pack) CMP (Table 3.8).
3.54.
To apply for an export licence, exporters must submit an application form, a sales contract, and an invoice; licences are issued within 24 hours.[77] They are valid for three months, and are renewable for two additional months. On further application, a second extension for another month is also permissible. After six months, the applicant must apply for a new licence. The fee to extend the licence is MMK 5,000. Amendments to export licences can also be made before shipment. Export licences are not transferable. Unlike import licences, there is no export licensing fee. Since 2018, applications for export licences for 88 HS lines can be made online.
Base de Datos sobre Medio Ambiente (BDMA) de la OMC
La BDMA contiene medidas relacionadas con el medio ambiente que pueden considerarse RC, las cuales, por lo tanto, deben notificarse con arreglo a la Decisión sobre las restricciones cuantitativas.
Ver las medidas relacionadas con el medio ambiente adoptadas por el Miembro