Ref: TRA CR 1506/2                                                                              4 June 2004

Dear Sirs,

Strategic Trade Controls Circular No. 20/04

Commencement of
the Import and Export (Strategic Commodities) Regulations
(Amendment of Schedule 1) Order 2004

Further to Strategic Trade Controls Circular No. 18/04, this is to inform traders of the commencement of the Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 2004 ("the Order").

Commencement Date of the Order

2. The Director-General of Trade and Industry has, in accordance with the provisions in Section 6B of the Import and Export Ordinance, appointed 11 June 2004 for the Order to come into force by notice in the Gazette published on 4 June 2004. In other words, all the changes brought about by the Order to Hong Kong's strategic commodities control list as set out in Schedule 1 to the Import and Export (Strategic Commodities) Regulations ("the Regulations") shall become effective on 11 June 2004.

Changes made to the Control List

3. The Order seeks to amend Schedule 1 to the Regulations to reflect the revisions adopted by the Wassenaar Arrangement (WA), Australia Group (AG), Missile Technology Control Regime (MTCR) and Nuclear Suppliers Group (NSG) to their respective control lists up to end-2003. For full details of the amendments, you are advised to refer to the Order by visiting 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) (L. N. 65 of 2004 in Legal Supplement No. 2 Gazette No. 18 Vol. 8 published on 30 April 2004).
4. A set of questions and answers regarding the Order and the changes it brings to the control list and licensing procedures are at Annex (pdf format).

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 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, 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 or the contents of the Annex, please contact our Classification Section at 2398 5587. For other licensing matters, please contact our Licensing Section at 2398 5575.

Strategic Trade Controls Branch
Trade and Industry Department