Sri Lanka Revamps Regulations on Standardization and Quality Control of Imports and Exports

The Ministry of Finance, Economic Stabilization and National Policies of Sri Lanka has published the Standardization and Quality Control Regulations under the Import and Exports (Control) Act, No.1 of 1969, while repealing the 2017 regulations on May 17, 2024. All 161 specified goods shall be conformed to the corresponding Sri Lanka Standards (SLS), and those that are not are barred from sale, offer for sale, use or distribution. The regulations came into effect immediately, except for certain goods which will be on November 15, 2024. Comparing it to the 2017 regulations, the number of specified goods had increased from 122 to 161, and provisions regarding SLS conforming were clarified.

Below are some of the specified goods,

Importers of specified goods are required to provide documentation to prove compliance with the specified SLS to the Customs. Such documentation shall be one of the following. Samples may also be taken if necessary.

• An acceptable Product Conformity Certificate, conforming to the SLS stipulated for respective goods, which is issued by an independent accredited laboratory in the exporting country, issued subsequent to the analysis of samples drawn by said laboratory or an independent agency
• An acceptable Product Conformity Certificate, which is issued by the National Standards Body or Competent Standard Authority of the exporting country
• An acceptable Product Conformity Certificate, which is issued by the overseas manufacturer, whose manufacturing plant is registered under the Sri Lanka Standards Institution for relevant goods
• The certificate / permit issued for “SLS Mark” or any other “Product Certificate Mark” by the National Standards Body of any country, where the Standards used for said certification is compatible with the corresponding SLS

Every importer of goods specified in Schedules I (A) and I (B) is required to submit all relevant documentation pertaining to the importing goods to both the Director General of Sri Lanka Customs and the Director General of Sri Lanka Standards Institution prior to Customs clearance of said goods by Sri Lanka Customs. Samples shall be tested as necessary in accordance with the applicable ‘Sri Lanka Standards’.

General provisions

1. If any goods specified in Schedules I (A) and I (B) are imported without conforming to the ‘Sri Lanka Standards’, said goods must be re-exported to the exporting country 3 within ninety (90) days from the date of the Bill of Entry (CUSDEC), with all associated costs borne by the importer.
2. The Director General of Sri Lanka Customs shall submit a monthly report to the Controller General of Imports and Exports, containing details regarding the re-exported goods as stipulated in Regulation 8(a). 
3. Sri Lanka Customs shall not release goods specified in Schedules I (A) and I (B) to any warehouses of importer until receiving the approval of the Director General of Sri Lanka Standards Institution for clearance of such goods, particularly when conformity to the Sri Lanka Standards is contingent upon the testing of samples as per Regulation 6. 
4. However, goods can be released within 03 days to the warehouse of the importer under bank guarantee equivalent to the value determined by the Director General of Sri Lanka Customs in terms of Section 134 of the Customs Ordinance subject to placing any mark on the outer layer of such goods as per the ‘Sri Lanka Standards’ of Sri Lanka Standards Institution. In such a case, the Director General of Sri Lanka Customs can grant approval for Customs clearance of such goods from the warehouse only if the Director General of Sri Lanka Standards Institution is satisfied with the conformity and communicated it in writing. Otherwise, such goods shall be re-exported to the country of export as per Regulation No. 8(a). 
5. Prior to the clearance of goods from Sri Lanka Customs, it is imperative to ensure that any goods specified in Column III of Schedules I (A) and I (B) possess the requisite approval from the Sri Lanka Standards Institution. 
6. For the importation of food commodities listed in Serial No. 1 to 48 of Column III of Schedule I (A) and Serial No. 128 to 131 of Column III of Schedule I (B), clearance from Sri Lanka Customs requires both the approval of the Chief Food Authority as stipulated in the amended Food Act, No.26 of 1980, and the approval of the Director General of Sri Lanka Standards Institution.

No importer shall sell, offer for sale, use or distribute goods covered under these Regulations

1. Unless approval is granted by the Director General of the Sri Lanka Standards Institution for non-food goods specified in Serial No. 49 to 127 of Column III of Schedule I (A) and Serial No. 132 to 161 of Column III of Schedule I (B). 
2. Unless approval is granted by the Director General of Sri Lanka Standards Institution and Chief Food Authority prescribed in the Food Act, No.26 of 1980 and its 4 amendments for food goods specified in Serial No. 1 to 48 of Column III of Schedule I (A) and Serial No. 128 to 131 of Column III of Schedule I (B). 

Noncompliance with the ‘Sri Lanka Standards’

1. In instances where the Director General of Sri Lanka Standards Institution identifies goods that do not adhere to the ‘Sri Lanka Standards’ outlined in Schedules I (A) and I (B) through sample testing results, the Director General of Sri Lanka Standards Institution shall inform the Controller General of Imports and Exports on the same and shall take necessary action against the accredited laboratory, which has issued the conformity certificate. 
2. If the certificate provided by the importer is discovered to contain false information, contravening any objectives outlined in these Regulations, the Director General of Sri Lanka Standards Institution shall inform both the Controller General of Imports and Exports and the Director General of Customs regarding the incident of submitting false information on the certificate. The Director General of Sri Lanka Customs shall take action against the importer / party responsible for providing a document (certificate) with false information, in accordance with the provisions stipulated in the Customs Ordinance (Chapter 235).

In cases where an importer acts in violation of the provisions of these Regulations, the Controller General of Imports and Exports, in consultation with the Director General of Sri Lanka Standards Institution and the Director General of Customs, shall take necessary actions against such importer / party as per the provisions of the Imports and Exports Control Act. If any specified goods that are not conformed to SLS are imported, said goods must be re-exported to the exporting country within 90 days. Other violations of these regulations may also be taken action under the Imports and Exports (Control) Act.

To achieve the objectives of these Regulations, the Controller General of Imports and Exports shall issue “Operational Instructions” to the Director General of Customs, licensed banks or any other relevant authorities. 

The Controller General of Imports and Exports may, in consultation with the Director General of Sri Lanka Customs, waive-off application of any Regulations above in the interest of the national economy and protection of public health and safety, case by case basis.