14 July 2000

Revised Licensing Condition for Import and Export of
Chemical Weapons Convention (CWC) Schedule 2 Chemicals

This circular is to inform traders that the Trade and Industry Department has, with immediate effect, removed the prohibition on importing/exporting of certain CWC Schedule 2 chemicals from/to States not party to CWC. Details are set out in the following paragraphs.

Revised Licensing Conditions for CWC Schedule 2 Chemicals

2. As laid down in the CWC, CWC Schedule 2 chemicals may only be imported from/exported to CWC State Parties with effect from 29 April 2000 (note1). However, the Trade and Industry Department recently received a notice issued by the Organization for the Prohibition of Chemical Weapons (OPCW) established under the CWC, which states that the above prohibition on transfers shall not apply to –

1. products containing 1% or less of a Schedule 2A or 2A* chemical;

2. products containing 10% or less of a Schedule 2B chemical; and

3. products identified as consumer goods packaged for retail sale for personal use or packaged for individual use.

A list of CWC Schedule 2 chemicals is at Appendix for reference.

3. In view of the above notice, the Trade and Industry Department has decided that, with immediate effect, traders can apply for licences covering products containing Schedule 2 chemicals to be imported from or exported to States not party to the CWC provided that -

1. the products covered fulfill all the conditions stated in paragraph 2(i) to (iii) above;

2. applications to export the products concerned are accompanied by written assurances and end-use information issued by the responsible authorities in the receiving country, stating -

1. that the chemicals will only be used for purposes not prohibited by the CWC;

2. that they will not be re-transferred;

3. the types and quantities of chemicals involved;

4. their end-use(s); and

5. the name(s) and address(es) of the end-user(s); and

3. the documentation requirements as detailed in paragraphs 9 and 11 of the circular "Import and Export Control on Chemicals, Biological Agents and Dual-Use Facilities and Equipment Related to the Manufacture of Chemical and Biological Weapons" issued by the Department in February 2000 are all met. (superseded by the circular with the same title issued by the Department on 1 March 2001)

4. Traders are reminded that imported from/exported to States not party to CWC remained prohibited for products containing CWC Schedule 2 chemicals that are –

1. with concentration exceeding the level stated in paragraph 2 above; or

2. not for personal/individual use regardless of the concentration level of the CWC Schedule 2 chemicals.

Enquiries

5. The following officers will be happy to respond to any inquiries concerning the above new licensing condition for CWC Schedule 2 chemicals -

(i)Ms. Connie Y. F. Ho

Licensing Officer

Tel. No. 2398 5625

(ii) Miss Annie LOONG

Assistant Trade Officer

Tel. No. 2398 5670

Note 1 : For details please refer to paragraph 12(d) of the circular "Import and Export Control on Chemicals, Biological Agents and Dual-Use Facilities and Equipment Related to the Manufacture of Chemical and Biological Weapons" issued by the Department in February 2000
(Please refer to paragraphs 12(a) and (e) of the circular with same title issued by the Department on 1 March 2001)

Strategic Trade Controls Branch

Trade and Industry Department

Distribution

Trade and Industry Associations relating to trading and manufacturing of chemical and biological agents.

Importers and Exporters of chemical and biological agents.

Appendix

Schedule 2 Chemicals of the Chemical Weapons Convention