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Dual-use Items controlled by the Wassenaar Arrangement Applications covering import of most dual-use items are normally approved unless there is suspicion about the legitimacy of end-use or concern that the items may be re-exported illegally. However, for applications covering sensitive commodities, the licence applicant and the end-user will be required to provide information on the detailed end-use of the goods. An end-user statement is needed to support the application. Export applications covering goods returning to the original supplier countries (places) which are members of the Wassenaar Arrangement can be approved more readily. In general, an export licence application can be approved if the application is supported by a valid export licence issued by the member countries (places) of the Wassenaar Arrangement which indicates clearly that export to the destination is permitted. Provision of the following information will facilitate the consideration of the case :
The Department may approve an export licence application supported by a photocopy of the valid export licence subject to an undertaking (pdf fillable format) completed by the applicant to submit supporting export licence at (a), (b) or (c) above within 30 days from the date of signing the undertaking. For licence applications covering exports to non-member countries (places) of the Wassenaar Arrangement and which are not supported by any valid export licence issued by the member countries (places), the Department may request further documents to support an application. Documents so required may include the original of :
Depending on the technical capability of the goods, the destination and the nature of the end-user's business/activities, the Department may also request for additional supporting documents. For details, please refer to the relevant circular. Nuclear and Missile Related Goods and Technology Licence applications for the import/export of materials and goods that are capable of being used to manufacture nuclear weapons or for missile technology production are assessed rigorously in accordance with stringent criteria. In addition to the provision of the necessary technical information, a licence application should also be accompanied by :
All these applications are subject to inter-departmental reviews, as appropriate. For details, please refer to the relevant circular. Chemical Weapon Precursors, Biological Agents and Production Equipment Licence applications for the import/export of chemical, biological weapons, their related production equipment, and certain chemicals and biological agents which are capable of being used in the manufacture of chemical or biological weapons are assessed in accordance with stringent criteria. The policy of the Government is to control any import/export of these products or their related equipment and to ensure that there is sufficient assurance that the import/export would not be used in the manufacture of chemical or biological weapons and that the possibility of the export being diverted to unknown uses is sufficiently safeguarded. In this connection, all such applications should be accompanied by the necessary supporting technical documentation and an end-user certificate duly completed by the end-user. Additional information may also be required on the consignee/end-user by completing a HKF5 Form (pdf fillable format) . Applications involving chemical weapons precursors have to be accompanied by :
Licence applications covering the import/export of chemicals, biological agents and pathogens may be subject to inter-departmental review. Where inter-departmental review is required, it may take a longer processing time, particularly so if additional technical details and/or clarifications are needed. Arms and Ammunition Trading of munitions items in Hong Kong is subject to very stringent control by both the Trade and Industry Department under the Import and Export Ordinance and the (Strategic Commodities) Regulations (Cap. 60) and the Hong Kong Police Force under the Firearms and Ammunition Ordinance, (Cap. 238) of the Laws of Hong Kong. The Munitions List of Schedule 1 to the Import and Export (Strategic Commodities) Regulations sets out the munitions items which are subject to import/export licensing control administered by the Trade and Industry Department. As a general rule, importation of firearms and ammunition into Hong Kong will be approved only if the end-users are either the security or disciplined forces of the Government or persons approved by the Commissioner of Police to possess or to deal with trade of firearms and ammunitions. An export licence application covering arms and ammunition will be approved only if the supporting information and documentation substantiates that the transfer is for legitimate purposes. In addition to basic application particulars, applicants are required to produce the following documents :
For details , please refer to the relevant circular. Licence applications covering exports of strategic commodities to any country (place) on a temporary basis (e.g. participation in an exhibition after which the goods will be returned to Hong Kong) are processed by Trade and Industry Department under special licensing procedures for temporary exports. Such licence application must be supported by documentary evidence certifying that the goods are for export to the destinating country (place) on a temporary basis. Furthermore, as a condition of issue of the temporary export licence, the licensee is required to declare and undertake to :
Temporary Imports of Strategic Commodities To facilitate the trade to import strategic commodities from any country(place) on a temporary basis (e.g. for repair in Hong Kong), licence applications covering the subsequent return of the goods to the originating country(place) can also be approved by the Trade and Industry Department under special licensing procedures. Physical examination of the goods at the time of importation (e.g. for repair in Hong Kong) and at the time of return (e.g. after repair) to the originating country(place) is also one of the conditions which the licensee must comply with. Licensing Arrangement for Articles in Transit Articles in transit are normally not subject to import and export licensing control except those specified in Schedule 2 to the Import and Export (Strategic Commodities) Regulations. Schedule 2 covers specific munitions, nuclear-related materials facilities and equipment, and their related documents containing technological information and articles for a use relating to nuclear, chemical or biological weapons. Goods transiting through Hong Kong requires an import licence (in respect of the inbound journey of the consignment entering Hong Kong) and an export licence (in respect of the outbound journey leaving Hong Kong). When applying for licences for goods in transit, applicants should :
As the goods under exportation are normally sensitive goods, the Department may also impose licensing condition that, the exporter must produce a landing certificate or delivery verification certificate in respect of the goods to the Director-General within 12 weeks after the date of shipment. Air Transhipment Cargo Exemption Scheme for Specified Strategic Commodities (SCTREX) To give due facilitation to the air cargo trade in strategic commodities, an exemption scheme is implemented under the Air Cargo Transhipment (Facilitation) Ordinance to provide for exemption from individual licensing control for the less sensitive strategic commodities on air transhipment mode, which are covered by a through air waybill issued at the original port of loading indicating Hong Kong as a transhipment port, and which remain within the confines of the Airport restricted area except for onward flights. The product scope would include all the less sensitive strategic commodities detailed in Schedule 1 to the Import and Export (Strategic Commodities) Regulations, except certain sensitive items as listed in Schedule 2 to the same Regulations, such as specified munitions, nuclear related materials, and articles for use relating to nuclear, chemical or biological weapons which currently are already subject to licensing control even if they are in transit through Hong Kong. Under the Scheme, airlines and cargo operators who are able to meet specified registration criteria are eligible for registration, and, once registered, the exemption to apply licence in respect of transshipment of specified strategic commodities. The registrants are bound by the registration conditions and subject to post-shipment verification. The initiative balances the needs to give due facilitation to the air cargo industry on the one hand and maintain effective controls over movements of goods through the territory on the other. | ||||
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Last Updated Date : 30 May 2011