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24-hour hotline : 23 922 922
e-mail address : stc@tid.gov.hk
Ref : TRA CR 1015/35
22 April 2004
                                       
(Annexes G and H updated on 5 January 2018)
 

Dear Sirs,

Strategic Trade Controls Circular No. 14/04

Temporary Importation of Strategic Commodities
and their Subsequent Return to the Originating Country

                   Under the Import and Export (Strategic Commodities) Regulations Cap 60, all imports and exports of strategic commodities (Note1) must be under and in accordance with a licence issued by the Director-General of Trade and Industry ("DGTI"). This circular sets out the arrangement for the temporary importation of strategic commodities and their subsequent return to that country (place). This arrangement is mainly applicable for the importation and return of strategic commodities for the purpose of repair or exhibition in Hong Kong.

2.                Under this arrangement, the goods must be physically examined by the Customs and Excise Department at the time of importation and subsequent return to the original exporting country (place). Customs officers would certify the results of such examination on the original and duplicate of the import and export licences (Note 2) to ensure strategic commodities temporarily imported into Hong Kong 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.


How to Apply for Licences ?

A. Paper Applications

3.                The import and export licence applications for the temporary importation arrangement should be submitted together to the Customer Service Centre of Strategic Trade Controls Branch at Room 1619, 16/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong. Applications should be made on Import Licence Form (Strategic Commodities) [TID501 (Rev 2015)] (Annex A) (fillable pdf format) and Export Licence Form (Strategic Commodities) [TID502 (Rev 2015)] (Annex B) (fillable pdf format) . Licence Application Forms are free of charge and available for collection at the same Customer Service Centre of Trade and Industry Department ("TID"). It can also be downloaded from the Strategic Commodities Control System Website ("SC Website") at http://www.stc.tid.gov.hk (Note 3). Applicants should make the following special statement in "Part (D) End Use of Commodities" on the import licence application form:
 
"Goods to be imported for___________________________________

(temporary import purpose, e.g. exhibition, repair)

and subsequent return to ____________ on or before_______________."
(original exporting country/place)
  (expected departure date)

4.                The related export licence application to cover the return of the goods under the temporary importation arrangement should cover the same products declared on the import licence application. Applicants should make the following special statement in "Part (D) End Use of Commodities" on the export licence application form :
 
"Goods to be returned to
_____________________________for
 
(original exporting country/place)
 
_____________________________
after temporarily imported
(ultimate end-use in destination country/place)
to Hong Kong for
______________________________"
 
(temporary import purpose e.g. exhibition, repair) 
5.                In addition to completing the licence application forms, applicants should also provide the following supporting documents:
  1. technical specifications/catalogue/brochure of the goods;

  2. a certification from the end-user/owner of the goods affirming the need for repair of the goods or a certification from the organiser of the exhibition affirming the applicant's participation in the exhibition. Alternatively, if goods are temporarily imported for purposes other than repairing and for exhibition, similar documents should be provided to demonstrate the genuine need for temporary importation; and

  3. Declaration and Undertaking for Strategic Commodities Temporarily Imported into Hong Kong ("Declaration and Undertaking") SC012 (Rev 2015) completed in duplicate, at Annex C (fillable pdf format).
6.                The licence applications and the Declaration and Undertaking must be signed by the same person, who should be a responsible official of the company. Since all signatures must be original, the signatory should sign on both the original and copy of the Declaration and Undertaking. Sample of completed set of import licence application, related export licence application, and Declaration and Undertaking are at Annexes D (pdf format), E (pdf format) and F (pdf format) respectively. A numbered receipt will be issued for each pair of applications.


B. Electronic Applications


7.                Companies can also apply temporary import applications electronically. The E-Application for temporary import licence and the related export licence can be made through companies' E-Accounts in the SC Website under the program of "Apply for Temporary Import of Goods" provided at the E-Application menu (At http://www.stc.tid.gov.hk > Login Your E-Account > E-Applications > Temporary Import Application > Apply for Temporary Import of Goods).

8.                When compared, making E-Application for temporary import of strategic commodities is certainly more convenient than filling in paper forms because -
  1. Regardless of the format, every temporary import application must come as a pair of import and export licence applications. But if it is made electronically, the E-Application menu provides an all-in-one program that will lead E-applicants to complete step-by-step both import and export licence applications in one go. In other words, there is no need for E-Applicants to repeat efforts and make the pair of import and export licence applications in two separate menus.
  2. For the special temporary import statements required in all temporary import applications (details is set out in paragraphs 3 and 4 above), E-Applicants need not to type them word by word. They can simply select them from Part I "Preparation of Declaration Lists" provided at the E-Application program.
  3. While both paper and E-Applicants are required to submit the "Declaration and Undertaking for Strategic Commodities Temporarily Imported into Hong Kong SC012 (Rev 2015)", E-Applicants are allowed to do it more flexibly. They can scan, upload and submit the duly completed form together with the related electronic Temporary Import Application or submit it to TID by fax or in person. In this connection, applicants are reminded that the provision of scanned or faxed copy of the Declaration and Undertaking will only serve to facilitate TID in processing their applications more expeditiously. It is however not equivalent to the original signed copy of the Declaration and Undertaking 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 Declaration and Undertaking to TID in duplicate as soon as possible. TID will withhold approval and issuance of the pair of import and export licences unless and until the original Declaration and Undertaking is received.
  4. As for all E-Applications, upon successful submission, E-Applicant can follow the instructions easily to print out by themselves the receipts for future collection of the approved licences.
9.                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.


Issuance of Licence and Physical Examinations at Time of Import and Upon Return

10.                For each approved temporary import application, no matter paper or electronic, a pair of paper import and export licences will be issued. Applicants can get back the pair of licences by presenting the receipt at the Customer Service Centre of Strategic Trade Controls Branch at Room1619, 16/F, Trade and Industry Tower. To ensure the licences are ready for collection, applicants are advised to check at the SC Website the processing status of their applications in advance. An approved temporary import licence and the related export licence are both valid for 3 months from the date of issue. Samples are at Annexes G (pdf format) and H (pdf format).

11.                After obtaining the licences, the licensee must:
 
a.     make arrangements with the Customs and Excise Department, at least 3 days in advance, for physical examination of the goods at a Customs Control Point at the time of import and upon their subsequent return to the foreign exporting country(place). To facilitate Customs examination, catalogue/brochure of the goods should be provided to Customs officers. To make appointments for examination of the goods, please contact the Customs and Excise Department as follows:
 
(i) Air passenger's baggage 2182 1084
       
(ii) Air cargo   2116 4130
      2116 4170
       
(iii) Ferry cargo ) China Ferry Terminal 2738 2919
    ) HK-Macau Ferry Terminal 2547 4943
       
(iv) Lorry cargo ) Mankamto 2679 2088
    ) Lok Ma Chau 2482 8758
    ) Shataukok 2674 4384
       
(v) Ship cargo ) Kwai Chung Container Terminal 2410 8044
    ) River Trade Terminal 2180 8977
    ) others 3152 0133-6
       
(vi) Train cargo ) Lowu 2679 1208
    ) Hunghom 2774 3494
b.     present the goods to Customs officers at a Customs Control Point at the time of importation and the subsequent return to the foreign exporting country(place) for:
  1. physical examination of the goods; and
  2. certification on the original and duplicate of the import licence (in respect of import, also see Note2) and the export licence (in respect of the return of the goods) of the results of the physical examination, including short-shipments, if any (see paragraph11(c) below). No export can be effected unless and until the goods have been physically examined and the results of such examination certified on the original and duplicate of the export licence.
​c.     ​​clearly indicate on the original and duplicate of the import licence the quantity actually imported, should this quantity be smaller than the quantity licensed, and request Customs' certification at the time of importation (see paragraph11(b)(ii) above).
 
12.                Furthermore, the licensee must submit, in person, within 7days after the return of the goods to the original exporting country (place), a letter reporting the return of the goods together with the duplicates of the import and export licences, both bearing Customs' certification of examination results, to the Licensing Section of the Strategic Trade Controls Branch of the Trade and Industry Department. The licensee must obtain an acknowledgement of receipt of his letter and the duplicates of the licences from the Strategic Trade Controls Branch.


Compliance with the Terms in the Declaration and Undertaking

13.                In order to uphold the integrity of the import and export control system of strategic commodities, TID takes a serious view of any breach of the conditions under which licences are issued. Licence applicants are reminded that they must strictly comply with the conditions of issue of licences including the terms contained in the Declaration and Undertaking. Companies and/or signatories to the licences who fail to fully comply with the terms in the Declaration and Undertaking and other conditions of issue of the licences are liable to prosecution and/or administrative actions (e.g. denial of licensing service).


Enquiries

14.                Should you have any enquiries, please contact us at tel. no.23985575 or by electronic mail at stc@tid.gov.hk.

 

Strategic Trade Controls Branch
Trade and Industry Department

Note 1 : Strategic commodities are those commodities which are set out in the Schedules to the Import and Export (Strategic Commodities) Regulations. The Schedules are available at the SC Website at http://www.stc.tid.gov.hk. If traders have doubt on whether an item is classified as strategic commodity, they could make use of the Pre-classification Service provided by the Classification Section, Strategic Trade Controls Branch of Trade and Industry Department which is located on 16/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong.  For enquiries on the service, please refer to the relevant circular or contact us at tel. no.23985587.
   
Note 2 : The original of the import licence and the original of the export licence are to be returned to the Trade and Industry Department by the shipping company, airline company or transportation company together with the import manifest and export manifest in accordance with Sections 8 and 11 of the Import and Export Ordinance. The duplicates of the import and export licences are to be returned to the Trade and Industry Department in the manner mentioned in paragraph12 above.
   
Note 3 : As a trade facilitative measure, TID introduces the free-of-charge TID501 (Rev 2015) and TID502 (Rev2015) Licence Applications Forms to replace the saleable Application FormsTID501 and TID502. For details regarding the new and old application forms, please refer to the relevant Strategic Trade Controls Circular 4/04.
Last Revision Date : 05 January 2018