DECREE-LAW No. 36/2023

May 31st

PHYTOSANITY AND QUARANTINE

[Note: This text does not constitute an official translation; it has been uploaded solely to offer the global audience an understanding of the contents and inclusions of the decree, in accordance with international norms and guidelines.]

The legal framework relating to plant health is laid down in Decree-Law No. 21/2003, of 31 December, on the legal quarantine regime for the import and export of goods and for the health control of international shipping. This decree-law adopts a biosecurity approach that combines plants, animals, and their products in a single legal instrument.

As the Democratic Republic of Timor-Leste moves towards greater integration into the international trade system, it deals with the increased flow of goods in and out of the country and places greater emphasis on food security, agricultural production, and investment in agriculture. This decree-law seeks to establish an improved and more effective framework for the protection of plants and plant products in the country, as well as for its agricultural activity and environment, in order to align procedures with international trade standards.

Thus, this decree-law provides a legal regime for the trade of plants, products of plant origin, and regulated articles, distinct from the regime applicable to animals and their products, and provides a comprehensive system that also responds to phytosanitary and quarantine risks in the territory from East Timor. The main objectives of this decree-law are to protect plants and products of plant origin from pests and diseases that may threaten these resources and, thus, ensure the protection of the environment, the economy, and also food security. It also aims to provide a clear, efficient, and conducive framework for commerce and business activities, empower public officials, and facilitate private sector activities.

This decree-law also establishes the legal foundations for the import and export of plants, products of plant origin, and other regulated articles, as well as a framework for domestic surveillance, defining procedures to respond to the detection of regulated pests and a general framework for phytosanitary measures.

Finally, this decree-law creates a framework that allows the implementation of the provisions, by establishing the role of the responsible authority, its powers, and the means by which the rules are implemented. The framework established in this decree-law will be developed through regulations, which will define procedures and other technical details. 

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Measures / Standards
# Name Type Agency Description Law Valid To Apply To
1 Quarantine Import Permit for plant and plant products Permit Requirement Quarantine and Biosecurity Unit (QBU) The Quarantine clearance of imported cargo is principally based on documents and authenticated certificates. It is the responsibility of importers and their agent to provide the appropriate documents (certificates and import permits) for clearance to National Directorate of Quarantine and Biosecurity, The Ministry of Agriculture, Livestock, Fisheries and Forestry (MAPPF) Decree- Law No. 36/2023 Phytosanitary and Quarantine 9999-09-09 ALL
2 Quarantine Clearance of Imported Cargo Inspection Requirement Quarantine and Biosecurity Unit (QBU) The Quarantine clearance of imported cargo is principally based on documents and authenticated certificates. It is the responsibility of importers and their agent to provide the appropriate documents (certificates and import permits) for clearance to the Servico de Quarantena Timor-Leste (SQTL). Following inspection and document clearance by the SQTL Customs will be notified and the importer/agent returns to the Customs to collect the cargo.
  1. Decree- Law No. 36/2023 Phytosanitary and Quarantine
  2. Decree-Law No. 41/2023 Animal Health and Quarantine
9999-09-09 ALL
3 Quarantine Import Permit for Biological Materials Permit Requirement Quarantine and Biosecurity Unit (QBU) To obtain an import license, importers are required to submit the completed application form and attach a certificate of origin. The application form requires the address and contact details of the exporter and importer, and the country of origin. For each item the applicant is required to list the country of origin, the common product name, the scientific names, a description of the items, and the quantity or volume to be imported. In all cases the importer must provide details on the routing, transport mode, and expected date of arrival. The importer is required to specify if they have access to a registered Quarantine Approved Premise (QAP). When the importer (or the clearing agent) has submitted the completed applications form, the Department of Quarantine will contact their counterpart in the exporting country to request verification. Each import requires a separate permit and must complete the full verification process. The Quarantine Import Permit has to be signed by the Director of Quarantine. The DNQB estimates that the procedure for obtaining an import permit takes 3 days.
  1. Decree- Law No. 36/2023 Phytosanitary and Quarantine
  2. Decree-Law No. 41/2023 Animal Health and Quarantine
9999-09-09 ALL
4 Export Permit for Plant or Plant-based Products Permit Requirement Quarantine and Biosecurity Unit (QBU) Exporters are required to apply for the export permit to the National Directorate of Quarantine and Biosecurity, Ministry of Agriculture, Livestock, Fisheries and Forestry (MAPPF). Decree- Law No. 36/2023 Phytosanitary and Quarantine 0002-12-04 ALL
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