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TRA CR1015/35 |
14 April 2004
Strategic Trade Controls Circular No. 9/04
Application for International Import Certificate (IIC)
The strategic trade control system
The legal basis for strategic trade control in Hong Kong is the Import and Export Ordinance, Chapter 60 of the Laws of Hong Kong ("Ordinance"). The Ordinance requires strategic commodities to be covered by import/export licences issued by the Trade and Industry Department before they are imported into/exported from Hong Kong. Under the Ordinance, no person shall import or export any article specified in the four Schedules to the Import and Export (Strategic Commodities) Regulations of the Ordinance unless there is a valid licence issued by the Director-General of Trade and Industry.
What is an IIC?
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For the purpose of controlling imports and exports of strategic commodities, Hong Kong importers may be asked by overseas exporters (who, in turn, are so required by the licensing authorities of the exporting country/place) to obtain an International Import Certificate ("IIC"). On the IIC, the Hong Kong importer undertakes that the goods mentioned therein will be imported into Hong Kong and will not be diverted, transshipped or re-exported except under the authority of an export licence issued by the Director-General of Trade and Industry.
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The Trade and Industry Department is the licensing authority in Hong Kong to issue IIC for strategic commodities. An approved IIC issued by Trade and Industry Department ("TID") is valid for six months from the date of issue.
How to apply for an IIC
(A) Paper Applications
- Application for IIC should be made on a designated form, SC040 (Rev 2004)Note (Annex A)(fillable pdf format). This form is free of charge and available at the Customer Service Counter of Strategic Trade Controls Branch at Room 516B on 5/F, Trade and Industry Department Tower. It can also be downloaded from the Strategic Commodities Control System Website ("SC Website") at http://www.stc.tid.gov.hk.
- IIC Application never comes alone. It should always be submitted together with a related import licence application [in Form TID 501 (Rev 2006)]. Having completed both the IIC and import licence application forms, applicants should submit them to the Customer Service Counter of Strategic Trade Controls Branch at Room 516B on 5/F, Trade and Industry Department Tower. A numbered receipt will be issued for each pair of import licence and IIC applications.
(B) Electronic Applications
- Companies can also apply IICs electronically. The E-Application for IIC and the related import licence can be made through companies' E-Accounts in the Strategic Commodities Control System Website ("SC Website") under the program of "Apply for Import Licence and International Import Certificate" provided at the E-Application menu (At http://www.stc.tid.gov.hk > Login Your E-Account > E-Applications > Import Licence Applications > Apply for Import Licence and International Import Certificate). Same as paper applications, IIC and import licence applications should come in a pair. E-Applicants should download and complete the paper IIC Application Form SC040 (Rev 2004) and afterwards, scan, upload and submit the duly completed form together with the related E-Import Licence Application. Alternatively, the IIC Application Form can be submitted to TID by fax or in person. As for all E-Applications, upon successful submission, E-Applicant should follow the instructions to print out by themselves the receipts for future collection of the approved IICs and import licences. In this connection, applicants are reminded that the provision of scanned or faxed copy of the IIC Application Form will only serve to facilitate TID in processing their applications more expeditiously. It is however not equivalent to the original signed copy of the IIC Application Form which is required to be submitted to TID in all circumstances. Thus, after making the E-Application, applicants should make sure to deliver the original signed IIC Application Form to TID as soon as possible. TID will withhold approval and issuance of IIC unless and until the original form is received.
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To use and submit E-Applications, companies are required to complete a special registration with TID in advance. Details of the special registration and other requirements for the use of E-Applications can be found in the specific sections in SC Website: http://www.stc.tid.gov.hk/english/circular_pub/files/open_e-account.htm.
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Irrespective of the mode of applications, applicants of IIC should ensure that shipment information provided in the IIC Application Form tally exactly with those in the related import licence application. They should also note that an IIC will normally not be issued to cover goods intended to be further re-exported or diverted to other destination after import. Therefore, a declaration to the effect that the goods under application will be imported into Hong Kong and will not be diverted, transhipped or re-exported to any destination except under the authority of an export licence issued by the Director-General of Trade and Industry will need to be made on the IIC Application Form. Specimen of a completed IIC application form is at Annex B. (pdf format)
Issue of IIC
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Applicants will be notified by phone once the IIC is approved and ready for collection. They can also check the application processing status at the SC Website. A processing fee of HK$65 will be charged for the issue of each IIC. The applicant must pay the fee in cash or through Easy Pay System (EPS) at the Collection Office of the TID (i.e. Room 104, 1/F, Trade and Industry Department Tower).
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By showing the payment receipt and the numbered receipt (i.e. the receipt of application) at the Customer Service Counter of Strategic Trade Controls Branch at Room 516B on 5/F, Trade and Industry Department Tower, the applicant can get back the approved IIC. Two copies will be issued to the applicant: (i) the original [i.e. foreign exporter's copy]; and (ii) the duplicate [i.e. importer's copy]. The IIC has also a triplicate which TID will send directly to the licensing authority in the exporting country (place) of the goods. Specimen of an approved IIC is at Annex C (pdf format).
Use of IIC
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IIC holders (i.e. the Hong Kong importers) should keep the IIC duplicate for record purpose and send the original to the foreign exporters for the latter to apply for export licence (authorisation) from the control authorities of the exporting country (place). Once the foreign export licence (authorisation) is issued, IIC holders should request a copy of it from its foreign exporters and then forward it to TID for record. If the foreign export licence is in languages other than English or Chinese, a translated version (either in English or Chinese) prepared by a registered translation company in Hong Kong or certified correct by the relevant embassy in Hong Kong will be facilitative to the processing of the case.
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Traders should note that IIC is not equivalent to and hence cannot be used as a substitution of strategic commodities licence. They should ensure that there is a valid licence issued by the Director-General of Trade and Industry to cover an import shipment of strategic commodities as required under the Import and Export Ordinance (Cap.60).
Warning
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Traders should ensure that all particulars provided in the IIC application and the related import licence application are comprehensive and accurate. The Department works closely with the Customs and Excise Department to ensure that applications for strategic commodities licences comply with the provisions of the Import and Export Ordinance (Cap 60) and its subsidiary Regulations by means of consignment checks at either the pre-licence or post-licence stage. Breach of the provisions of the Import and Export Ordinance (Cap 60) and its subsidiary Regulations is an offence. Any person who imports or exports any article specified in the Schedules to the Import and Export (Strategic Commodities) Regulations (Cap 60 sub. leg.) not under and in accordance with a licence issued by Trade and Industry Department commits an offence and is liable :
(a) on summary conviction to a fine of HK$500,000 and to imprisonment for 2 years; and
(b) on conviction on indictment to an unlimited fine and to imprisonment for seven years.
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In addition to prosecution, the Department may impose administrative actions against such a person. The 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.
Enquiries
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Enquiries on the content of this circular and other licensing matters can be made to the Strategic Trade Controls Branch at Room 516B, 5/F, Trade and Industry Department Tower, 700 Nathan Road, Kowloon (Telephone number : 2398 5575; email : stc@tid.gov.hk).
Strategic Trade Controls Branch
Trade and Industry Department
Note: As a trade facilitative measure, TID introduces the free-of-charge SC040 (fillable pdf format) to replace the saleable IIC Application Form TRA 497. With effective from the date of this circular, Form TRA 497 is no longer accepted for IIC application.
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