Further to Strategic Trade Controls Circulars No. 5/2017, this is to inform traders of the planned commencement date of the Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 2017 (“the Order”).
2. In accordance with Section 6B of the Import and Export Ordinance, the Director-General of Trade and Industry has made a Commencement Notice published in the Gazette today (i.e. 26 May 2017) to appoint 3 July 2017 as the commencement date of the Order. The Commencement Notice will be tabled in the Legislative Council for negative vetting on May 31. We will inform the traders through another circular when the effective date of the Order is confirmed.
3. The Order amends Schedule 1 to the Import and Export (Strategic Commodities) Regulations (“the Regulations”) to reflect the changes to the control lists of strategic commodities adopted by international non-proliferation regimes which have come into effect after the last amendment of Schedule 1 in 2015. For details of the amendments, please refer to the Order by visiting the website of the Strategic Commodities Control System (http://www.stc.tid.gov.hk) or the Gazette online (http://www.gld.gov.hk/egazette) [Legal Supplement No. 2 of the Gazette published on 24 March 2017 (No. 12, Vol. 21)].
4. Section 6A of the Import and Export Ordinance stipulates that no person shall import or export any article specified in the Schedules to the Import and Export (Strategic Commodities) 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, the 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.
Strategic Trade Controls Branch
Trade and Industry Department