Revised Licensing Arrangements
for Import and Export of Saxitoxin for Medical/Diagnostic Purposes

This circular is to inform traders that the Trade and Industry Department has, with immediate effect, revised the licensing arrangements for import licence and export licence applications covering Saxitoxin of quantities of 5 milligrams or less and which is for medical/diagnostic purposes. Details are set out in the following paragraphs.

Revised Licensing Arrangements

2. The Trade and Industry Department has in February 2000 issued a circular entitled "Import and Export Control on Chemicals, Biological Agents and Dual-Use Facilities and Equipment Related to the Manufacture of Chemical and Biological Weapons" (superseded by the circular with the same title issued by the Department on 1 March 2001) to inform traders of, among others, the licensing requirements for importing/exporting chemicals controlled under the Chemical Weapons Convention (CWC). The above circular stipulates that licence applications covering import or export of CWC Schedule 1 chemicals [i.e. including Saxitoxin (CAS Registry No. 35523-89-8)] must be submitted to the Trade and Industry Department not less than 45 days before the shipment date.

3. However the Trade and Industry Department has now revised the above timeframe for applying import licences or export licences covering Saxitoxin of quantities of 5 milligrams or less and which is for medical/diagnostic purposes. Accordingly, the 45-day timeframe as stipulated in the above mentioned circular will no longer apply to these cases, traders are required to notify the Trade and Industry Department of the details of the actual arrival/departure date of the shipments concerned. Traders are also reminded that despite this revised arrangement, they are always required under the Import and Export Ordinance to obtain from the Trade and Industry Department approved import licences or export licences to cover any controlled products prior to the arrival or departure date of the consignments concerned. Traders should note the following requirements in submitting the licence applications concerned :

1. Imports/exports of Saxitoxin with 5 milligrams or less for medical/diagnostic purposes must be covered by valid import/export licences issued by the Director-General of Trade and Industry.. Traders should refer to paragraphs 5 to 11 of the circular mentioned in paragraph 2 above for details of the licence application procedures. Under normal circumstances, applications properly received will be processed, approved and ready for collection within three clear working days after the date of submission of the licence applications. However, it may take a longer time to process if additional technical details and/or clarifications are required or if it is considered that inter-departmental review of the licence application is required. Applicants should therefore submit their applications well in advance in order that the licences can be issued before shipment;

2. In making import/export licence applications in (a) above, traders are required to comply with the documentation requirements as detailed in paragraphs 9 and 11 of the aforementioned circular. In addition, traders have to submit an undertaking (a specimen at Appendix I (fillable pdf format)) on notifying the Trade and Industry Department of details of the exports/imports within one clear working day after the actual arrival/departure date of the shipment concerned;

3. Notification of the details of the exports/imports as required in (b) above should be made by lodging to the Trade and Industry Department a duly completed notification form (a specimen at Appendix II (fillable pdf format)) together with copy of documents showing details on the actual importation or exportation of the consignment concerned. The documents may include bill of lading showing the date of shipment, the consignee, the product description and the quantity or other relevant documents such as invoice or packing list which contain the above information;

4. According to the requirements of the CWC, Saxitoxin could only be imported into/exported to a CWC State Party (updated list of CWC State Parties can be found in the web site of OPCW at ( http://www.opcw.org) and only for purposes permitted by the CWC including, for example, research, medical or pharmaceutical uses; and

5. Re-export of Saxitoxin to a third country remains prohibited.

4. Traders are required to note that import/export of any chemicals, which possess a chemical structure closely related to Saxitoxin, for medical/diagnostic purposes and in quantities at 5 milligrams or less shall also be subject to the above licensing requirements. For imports/exports of other chemicals controlled under the CWC or Saxitoxin which is not for medical/diagnostic purposes or in quantities of more than 5 milligrams, traders are reminded to follow the licensing requirements set out in the above mentioned trade circular.

5. The following officers will be happy to respond to any inquiries concerning the new licensing requirements:

1. Ms. Connie Y. F. Ho
   Licensing Officer
   Tel. No. 2398 5625

2. Miss Annie LOONG
   Assistant Trade Officer
   Tel. No. 2398 5670

Strategic Trade Controls Branch
Trade and Industry Department

May 2000

Distribution

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