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CONVENIENCE TRANSLATION – for further information, contact info@pwplegal.com The Government of the Republic of the Union of Myanmar Ministry of Commerce Union Minister’s Office Notification No. 18/2015 Nay Pyi Taw, 13th Waning Day of Tabaung, 1376 ME (17 March, 2015) 1. In exercising the powers conferred upon it under sub‐section (b) of section 13 of the Import and Export Law, the Ministry of Commerce, Government of the Republic of the Union of Myanmar, hereby issues this notification. 2. The Ministry of Commerce permits the import of foreign wine from the date of issuance of this notification due to the more foreigners arriving because of improvements [in the country] and local market requirements. 3. The [list of the] remaining goods which are prohibited from being imported will be amended from time to time depending on local market requirements. Sd/ (Win Myint) Union Minister Ministry of Commerce The Government of the Republic of the Union of Myanmar Letter No. SaKa‐14/1(3)‐20/2015(10) Nay Pyi Taw, 13th Waning Day of Tabaung, 1376 ME (17 March, 2015) ‐ 1 ‐ CONVENIENCE TRANSLATION – for further information, contact info@pwplegal.com Copy to Office of the President Office of the Union Government Office of the Pyidaungsu Hluttaw Supreme Court of the Union Constitutional Tribunal Office of the Union Election Commission All Union Ministries Union Attorney General’s Office Office of Auditor General of the Union Office of the Union Civil Service Board All Offices of Region/State Governments Secretary, Myanmar Investment Commission Central Bank of Myanmar Director General, Directorate of Trade Director General, Department of Commerce and Consumer Affairs Director General, Department of Trade Promotion Managing Director, Printing and Publishing Enterprise, (sent with the request to announce this notification in the Myanmar Gazette) Chairman, Republic of the Union of Myanmar Federation of Chambers of Commerce and Industry (sent with the request to deliver this notification to its members) By order (U Han) ‐ 2 ‐ Head of the Office Team CONVENIENCE TRANSLATION – for further information, contact info@pwplegal.com Import Procedures for Wine Introduction 1. The State, from the time of the New Government, has been carrying out political, economic and social reforms and economic transformations, focusing on the development of the private sector and emphasizing fast and smooth trade, trade promotion and the reduction of trade restrictions. 2. Although alcohol, beer and wine are formally prohibited from being imported, sale is allowed in tax‐exempted shops opened internationally according to local market requirements and the influx of more foreigners due to reforms, and import is allowed with a recommendation from the Ministry of Hotels and Tourism for the use in hotels. 3. Although wine is a formally prohibited good, procedures for the restricted import of wine have to be specified according to market requirements. Because, among the prohibited goods, wine plays a major role as a customary symbol at dinners and receptions in a developing lifestyle, its import is permitted in neighboring and AESAN countries, and there is little local production. Objective 4. The permission to import wine in a restricted manner shall control illegal imports, fully enable the State to obtain revenue, and fulfill local market requirements. Persons who can apply for an import permit 5. Persons applying for the right to import wine shall fulfill the following requirements: a) Shall be registered as a company or organization b) Shall be registered as importer/exporter c) The company applying for the right to import shall be recognized as a dealer by the relevant company. Method 6. In order to enable the import wine with restrictions, the following shall be done: a) Applying for a wine import registration card and permit according to the procedure issued by this Ministry. b) The import license application shall be scrutinized. c) Submission to, and obtaining the approval from, the Import and Export Coordinating Meeting. ‐ 3 ‐ CONVENIENCE TRANSLATION – for further information, contact info@pwplegal.com Documents required when applying for a wine import license 7. The following documents shall be included in the application for a wine import license: a) Application with the letter head of the company/organization b) Original proforma invoice or sales contract (which shall contain detailed information relating the import of the wine) c) Wine import registration card (original/copy) d) Description of the trade mark of the company which will be affixed on the imported wine bottles when they are distributed. e) Recommendation from the Food and Drug Administration f) Address at which the imported wine will be stored/distribution plan g) Power of attorney, if the person filing the application is not a member of the board of directors of the company/organization Terms and conditions 8. The person applying for the right to import wine shall comply with the following terms and conditions: a) The person holding the wine import registration card shall import the wine himself. b) Terms and conditions, policies and procedures stipulated by the relevant Departments under existing laws and terms and conditions issued from time to time shall be followed. c) The type of wine, alcohol percentage and name, address, etc. of the import and distribution company shall be stated on the goods in English language. d) Distribution shall only be done after a “tax paid” mark from the Internal Revenue Department has been affixed on every wine bottle. e) With regard to imported goods, records of the goods that were imported or distributed and of the remaining goods shall be kept and a stock ledger shall be kept so that it can be submitted at any required time when the relevant department examines matters. f) It is possible to file an application with regard to wine types and trademarks for which other companies have already filed applications. g) Import shall only be allowed by sea and by air. h) The country of origin of the imported wine shall be stated together [with the other information]. i) The alcohol by volume of the imported wine shall be within 7% and 20%. Paying tax 9. Taxes specified by the relevant departments in according to the procedures shall be paid for the import of wine. ‐ 4 ‐ CONVENIENCE TRANSLATION – for further information, contact info@pwplegal.com Distribution and opening shops 10. After having obtained the right to import wine, local distribution and shop openings shall be done in accordance with the law, regulations and procedures of the Development Committees and General Administrative Departments located in the relevant Region or State. Investigating and taking action 11. The relevant departmental officials shall investigate and monitor whether the import of goods is done in accordance with the specified procedures and regulations. 12. If they find that laws, procedures or regulations of the relevant departments are violated, action shall be taken under the existing laws and procedures. General 13. The import of goods to be used in duty free shops and hotels shall be allowed to continue in accordance with the procedure specified specifically with the recommendation of the Ministry of Hotels and Tourism. Conclusion 14. Permitting the systematic import of good quality wine will result in the fulfillment of market requirements, the ability to import healthy, clean and fresh wine, the ability to systematically control the illegal import of wine and the ability to obtain revenue for the state. Implementing procedures relating to the control of the amount of beverages (including wine) that are used, the tax rate, legal limitations, drinking age restrictions, education programmes and education via the media, the related problems can be reduced. The import procedure for wine shall be amended as necessary in accordance with the state of reforms. ‐ 5 ‐ CONVENIENCE TRANSLATION – for further information, contact info@pwplegal.com Requirements to be complied with when applying for a wine import registration card A company/organization applying a wine import registration card with the Ministry of Commerce shall comply with the following: Required documents 1. The following documents shall be included in the application for a wine import registration card: a) Application with the letter head of the company/organization (importer/exporter registration no. and expiry date shall be stated in the application and the [remaining] period of the importer/exporter registration shall be at least 3 months.) b) Original beverage license FL‐11 of the General Administrative Department according to the business being carried out (the period of license shall be at least 3 months) c) Agreements signed with the wine manufacturer or export companies to show that the applicant is a sales representative (including the term) d) Power of attorney, if the application is not filed by a member of the board of directors of the company/organization. Term of, and registration fee for, the wine import registration card 2. The registration fee and the extension fee for the wine registration card are as follows: a) Term of the wine registration card shall be 1 year. (Note: at the time of applying for the wine import registration card, the term of the company and of the beverage license must not have been expired.) b) Extension of the term of the registration shall be allowed for 1 year at a time. c) The registration fee shall be kyats 50,000. d) The fee for extending the registration shall be kyats 50,000 for one time. ‐ 6 ‐