Strategic Trade Controls Circular No. 3/2023
Amendment of Schedules 1 and 2 to the
Import & Export (Strategic Commodities) Regulations
Background
2. With the accession of the country to the Arms Trade Treaty (ATT) as a State Party, the Central People’s Government has extended the application of the ATT to the Hong Kong Special Administrative Region under Article 153 of the Basic Law. Hong Kong therefore has to update the control list of strategic commodities to cover the articles regulated under the ATT through the Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 2023 (Amendment Order).
Amendment Order
Effective Date of the Amendment Order
Enquiry
Strategic Trade Controls Branch
Trade and Industry Department
1For example, adding some newly developed technologies / items (e.g. precursors for toxic chemical agents, sub-orbital craft) to the list, while the control threshold for some dual-use items (e.g. signal generators, supercomputers, thermal imaging cameras and semiconductor lasers) are relaxed.
2The prevailing Schedule 1 has basically covered the conventional arms, their ammunitions / munitions as well as parts and components regulated by the ATT. ML101 would be added as a new entry in this amendment to control the following three types of specified articles so that the control fully covers the scope of ATT:
- weapons using non-centre fire cased ammunition and which are not of the fully automatic firing type
- rifles, smooth-bore weapons and combined guns manufactured from 1899 to 1937
- smooth-bore weapons used for hunting or sporting purposes that meet both of the following descriptions:
- not specially designed for military use; and
- not of the fully automatic firing type
3An article in transit means an article which (a) is brought in to Hong Kong solely for the purpose of taking it out of Hong Kong; and (b) remains at all times in or on the vessel or aircraft in or on which it is brought into Hong Kong.
4The Trade and Industry Department implements the “Air Transhipment Cargo Exemption Scheme for Specified Strategic Commodities” (SCTREX) to facilitate air transhipment cargoes of “non-Schedule 2 strategic commodities”. Eligible companies which have registered under SCTREX are exempted from applying licences.
5The amendments refer to the addition of new entries ML101, ML9 (Warships) and ML10 (Combat Aircraft and Attack Helicopters). By doing so, Schedule 2 would fully cover the scope of ATT.