7 July 2006

Strategic Trade Controls Circular No. 10/2006

Commencement of the Import and Export (Strategic Commodities)
Regulations(Amendment of Schedule 1) Order 2006

Further to Strategic Trade Controls Circulars No. 4/2006 and No. 8/2006, this is to inform traders of the commencement of the Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 2006 ("the Order").

Commencement Date of the Order

2. The Director-General of Trade and Industry has, in accordance with Section 6B of the Import and Export Ordinance, appointed 18 July 2006 for the Order to come into force by a notice published in the Gazette today (i.e. 7 July 2006).  In other words, the revised control list for strategic commodities shall become effective on 18 July 2006.

Changes made to Hong Kong's Control List

3.  The Order seeks to amend Schedule 1 to the Import and Export (Strategic Commodities) Regulations to reflect the revisions adopted by the Wassenaar Arrangement (WA), the Australia Group (AG) and the Missile Technology Control Regime (MTCR) to their respective control lists up to end-2005.  For full details of the amendments, you may visit the websites of the Strategic Commodities Control System (http://www.stc.tid.gov.hk) or the Hong Kong Special Administrative Region Government (http://www.gov.hk) to refer to the Order (L.N.95 of 2006 in Legal Supplement No. 2 of the Gazette published on 4 May 2006 (No. 18 Vol. 10)).
   
   
4. A set of frequently asked questions and answers regarding the Order is at Annex (pdf format) for traders' reference.
   

Reminder

5. Section 6A of the Import and Export Ordinance stipulates that no person shall import or export any article specified in the Schedules to the Import and Export (Strategic Commodities) Regulations except under and in accordance with a licence issued by the Director-General of Trade and Industry.  Any person who contravenes the provision commits an offence and is liable :

   (a) on summary conviction to a fine of HK$500,000 and to imprisonment for two years; and

   (b) on conviction on indictment to an unlimited fine and to imprisonment for seven years.

   In addition to prosecution, the Trade and Industry Department may impose administrative actions against these persons.  Such administrative actions may involve, but shall not necessarily be confined to, suspension of a licence, refusal to issue a licence, debarment of all licensing facilities, etc.

Enquiry

6. If you have any question about the revisions brought about by the Order, please contact Classification Section of Strategic Trade Controls Branch at 2398 5587.  For other licensing matters, please contact our Licensing Section at 2398 5575.

Strategic Trade Controls Branch
Trade and Industry Department