Duties and Tax Exemption
For contact information regarding government custom authorities, please follow the link below:
4.1 Papua New Guinea Government Contact List
Information on Customs Offices and Main Offices in the Region listed by entry points can be found in the following document:
Papua New Guinea Customs Information by Entry Point and Clearing System
Papua New Guinea
Customs Information for Ports
Emergency Response:
[Note: This section contains information which is related and applicable to ‘crisis’ times. These instruments can be applied when an emergency is officially declared by the Government. When this occurs, there is usually a streamlined process to import goods duty and tax free.]
In the following table, state which of the following agreements and conventions apply to the country and if there are any other existing ones
Agreements / Conventions Description |
Ratified by Country? (Yes / No) |
---|---|
WCO (World Customs Organization) member |
Yes |
Annex J-5 Revised Kyoto Convention |
Yes |
OCHA Model Agreement |
No |
Tampere Convention (on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations) |
n/a |
Regional Agreements (on emergency/disaster response, but also customs unions, regional integration) |
n/a |
Exemption Regular Regime (Non-Emergency Response):
Exempted Goods
The owner must still report the import of such goods to Customs in the same way every other person is required to report imports, but where the goods would normally have attracted duty, Customs instead applies a zero rate. The power to exempt goods from duty lies with the Head of State who applies his powers, acting on advice, as stated in legislation such as the Diplomatic and Consular Privileges and Immunities Act, the Aid Status (Privileges and Immunities) Act and the Customs Tariff Act. Goods imported under any of these exemption laws are relieved from taxes and duties, irrespective of their normal classification or normal liability, provided that they are imported in specified circumstances and for specific purpose.
Diplomatic and Consular Privileges
Papua New Guinea is a signatory to the international agreement that governs the diplomatic relations between countries. This is known as the Vienna Convention. The privileges and immunities offered to foreign diplomats based in this country, including an exemption to paying Customs duties and other taxes, is exactly the same as those enjoyed by Papua New Guinea’s diplomats based in overseas missions.
Customs Tariff Act
Section 9 of the Act allows the Head of State, acting on advice,
to either exempt from duty any goods provided that they are not
being imported in relation to a commercial project or to substitute
a reduced rate of duty for imported goods that would otherwise have
attracted duty.
The Head of State has advised that the following exemptions apply
with respect to:
- Goods which are imported by a community organisation, certified by the Secretary of the Department of Prime Minister as an organisation that is not engaged in any commercial activity but exclusively devoted to the public interest and relating to the advancement of education and vocational training; or the provision of medical services; and
- Goods for educational or training purposes: to be used by the education institutions or training institutions officially recognized by the Secretary for Education or the Commissioner for Higher Education; and not for sale, exchange or trade within 5 years; and which are imported on a firm and specific order; and which in the opinion of the Commissioner-General cannot be locally produced or manufactured; and certified by the Secretary for Education or the Commissioner for Higher Education to be necessary for the purposes of approved curriculum or of education or training institutions themselves; and if such exempt goods be disposed of within 5 years from the date of import without prior written approval of the Commissioner-General the duty apportioned in relation to the remaining unused period shall be payable; and when purchased on the basis of duty free quotation/tender, the sale price shall not exceed 120% of the C.I.F. value and is supported by import documents.
Other Exemptions under the Tariff Act
The Head of State has also reduced the tariff rates of duty in respect of specified goods originating from certain countries in the Pacific region and on other goods the importation of which assists local industry. For further details of these exempted goods importers are asked to contact the Tariff and Trade Branch of Customs.
Bi-lateral Treaties and Agreements
Papua New Guinea has Bilateral Trade Agreement/ Multilateral Agreements with countries and international organisations. Clauses or Articles included in the content of these agreements as per the provisions of section 8 of the Loans and Assistance Act provide for an exemption to pay Customs duties and other Tax under certain conditions. Such agreements usually impose an end use obligation where exempt duties or taxes become liable if those conditions are not met certain conditions are met.
Organizational Requirements to obtain Duty Free Status |
---|
United Nations Agencies |
An organisation and personnel attached to those organisations
may be granted by the Head of State, acting on advice, designated
aid status. Such status frees the organisation or individual from
the requirement to pay Customs duties or other taxes under certain
conditions but imposes an end use obligation where such duties or
taxes must be paid if those conditions are not met. The
privileges and immunities offered to designated aid status
organisations ensures aid being provided to Papua New Guinea by
foreign aid organisations is not impeded or restricted by Papua New
Guinea’s domestic laws. |
Non Governmental Organizations |
An organisation and personnel attached to
those organisations may be granted by the Head of State, acting on
advice, designated aid status. Such status frees the organisation
or individual from the requirement to pay Customs duties or other
taxes under certain conditions but imposes an end use obligation
where such duties or taxes must be paid if those conditions are not
met. The privileges and immunities offered to designated aid
status organisations ensures aid being provided to Papua New Guinea
by foreign aid organisations is not impeded or restricted by Papua
New Guinea’s domestic laws. |
Exemption Certificate Application Procedure:
Duties and Taxes Exemption Application Procedure |
---|
Generalities (include a list of necessary documentation) |
So that exemption requests can be considered and a reply given
within a suitable time period applicants are advised to submit
their written applications together with supporting documentation
prior to the intended arrival date of the goods.
Applications should be submitted to Customs marked for the
attention of the Director- Tariff and Trade Branch. Customs will
confirm receipt of your application and will process it as quickly
as possible, although this may take a few days especially if
Customs asks for further documentation in respect of the
application. Normal clearance formalities still apply to exempt goods and Customs or Quarantine may still inspect the goods. Goods are of a type that can only be imported under a permit or license will only be released on its production to Customs even if the goods are exempt goods. The importer is responsible for ensuring the importation of the goods meets the requirements of Customs. Although the goods may be exempt Customs duty and other taxes, any charges levied by Quarantine or handling charges levied by the wharf or transport company are the responsibility of the importer and must be paid. This applies to any fees levied by the customs agent in clearing the goods through Customs formalities. Delays in clearing exempt goods will occur if either the application for exemption is not made prior to the arrival of the goods and in sufficient time for Customs to properly consider the application or if the exemption approval letter is not lodged with the import entry. Customs is not responsible for any wharf charges or other costs incurred as a result of any delays in clearing exempt goods unless the importer can demonstrate that the delay occurred because of the neglect or willful act of an officer |
Process to be followed (step by step or flowchart) |
The owner must still report the import of such goods to Customs in the same way every other person is required to report imports, but where the goods would normally have attracted duty, Customs instead applies a zero rate. Import Clearance Procedures The owner of the goods and anyone who causes the goods to be imported must retain all relevant records in relation to those goods for a period of 5 years from the date of import. If the owner or other person is selected for an audit these records will be examined to ensure compliance with the Customs Act. Failure to retain these records carries severe penalties including a term of imprisonment. http://www.customs.gov.pg/customs_act_2006.html
|
Exemption Certificate Document Requirements
Duties and Taxes Exemption Certificate Document Requirements (by commodity) |
||||||
---|---|---|---|---|---|---|
|
Food |
NFI (Shelter, WASH, Education) |
Medicines |
Vehicles & Spare Parts |
Staff & Office Supplies |
Telecoms Equipment |
Invoice |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
AWB/BL/Other Transport Documents |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Donation/Non-Commercial Certificates |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Packing Lists |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Additional Notes |
||||||
Other Documents required:
|
Customs Clearance
General Information
Customs Information |
|
---|---|
Document Requirements |
|
Embargoes |
n/a |
Prohibited Items |
Restrictions and prohibitions generally apply to goods such as dangerous weapons including firearms, illicit drugs, pornographic materials and copyright infringing goods. For further information please contact any Customs office. |
General Restrictions |
Quarantine procedures are strongly enforced in the PNG. For detailed information, please refer to www.customs.gov.pg |
Customs Clearance Document Requirements
Customs Clearance Document Requirements (by commodity) |
||||||
---|---|---|---|---|---|---|
|
Food |
NFI (Shelter, WASH, Education) |
Medicines |
Vehicles & Spare Parts |
Staff & Office Supplies |
Telecoms Equipment |
D&T Exemption Certificate |
- |
- |
- |
- |
- |
- |
Invoice |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
AWB/BL/Other Transport Documents |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Donation/Non-Commercial Certificates |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Packing Lists |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Yes, Original, applies to UN and NGOs |
Phytosanitary Certificate |
- |
- |
- |
- |
- |
- |
Other Documents |
- |
- |
- |
- |
- |
- |
Additional Notes |
||||||
Additional Documents required:
For medicines:
For telecoms equipment,
Quarantine
PROHIBITED / restricted IMPORTS
|
Outline of Import Clearance
When a shipment of goods is imported into Papua New Guinea whether it is by sea, air or land, the owner of those goods must declare them to Customs. The owner or his agent (known as a Customs Agent or Customs Broker) is required to prepare and lodge with Customs an import declaration (known as an entry) describing the nature, quantity, value, supplier and country of origin of the goods imported or to be imported. This entry, containing the name, address and Tax File Number of the owner, is a legal document and any errors may attract the imposition of administrative penalties. Deliberately making a false declaration to Customs may cause the goods to be seized and the owner or agent prosecuted. The owner of imported goods should be aware that the import of some goods is restricted in that they may only be imported under the authority of a permit or license without which the goods are prohibited. The import of some other goods is prohibited absolutely.
Restrictions and prohibitions generally apply to goods such as dangerous weapons including firearms, illicit drugs, pornographic materials and copyright infringing goods. For further information please contact any Customs office.
Customs is currently modernizing its business processes and migrating to the electronic reporting system called Asycuda++, which provides Electronic Data Interchange (EDI) clearance process. This system is replacing the need to physically lodge paper-based reports and supporting documents for each shipment although at present only Port Moresby is fully electronic. Other ports are slowly being upgraded to accept the system in a graduated roll out across the country. When fully functional up to 80% of entries will be cleared without Customs intervention at the time of import, the remaining 20% either being subject to documentary or physical checks at the time of import to ensure compliance with the Customs Act. In addition to targeted cargo inspections, Post Clearance Audit (PCA) teams will conduct audits at importers premises at any time within 5 years after the goods have been imported as part of a strategy to ensure importers are honest with Customs. Customs’ compliance strategy commences with education of importers and customs agents and progresses through administrative penalties to seizure and prosecution action. Customs aim is to achieve voluntary compliance within the importing industry, which in turn will be reflected in a lesser need for Customs intervention at the time of import.