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24-hour hotline : 23 922 922
 
Ref :TRA CR 1015/35
22 April 2004
                                                         (Annexes G and H updated on 5 January 2018)
 
 

Dear Sirs,

Strategic Trade Controls Circular No.15/04

Temporary Export of Strategic Commodities

 

                    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. This circular sets out the arrangement for the temporary export of strategic commodities and their subsequent return to Hong Kong. This arrangement is mainly applicable for the temporary export of strategic commodities for the purpose of exhibition.


2.                Under this arrangement, the goods must be physically examined by the Customs and Excise Department at the time of export and upon their return to Hong Kong. Customs officers would certify the results of such examinations on the original and duplicate of the export licence (at time of export) and the import licence (upon the return of the goods) (Note2). No export or return of the goods can be effected unless the goods have been physically examined and the results of such examinations certified on the export licence (in respect of export) and the import licence (in respect of the return of the goods).

How to Apply for Licences ?

A. Paper Applications


3.                The export and import licence applications for the temporary export arrangement should be submitted together to the Customer Service Centre of the Strategic Trade Controls Branch of Trade and Industry Department at Room 1619, 16/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong. Applications should be made on Export Licence Application Form (Strategic Commodities) [TID502 (Rev 2015)] (Annex A) (fillable pdf format) and Import Licence Application Form (Strategic Commodities) [TID501 (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 (Note3). Applicants should make the following special statement in "Part (D) End Use of Commodities" on the export licence application form:
 
"Goods to be exported to _________________________________________________________ for                         
 (Destinating Country/Place)
______________________________and subsequent return toHong Kong on or before___________________________."
   (temporary export purpose , e.g. exhibition, repair)
 
(expected date of return)

4.                The related import licence application for the subsequent return of the goods to Hong Kong should cover the same products declared on the export licence application. Applicants should make the following special statement in "Part (D) End Use of Commodities" on the import licence application form :
"Goods to be returned to Hong Kong after temporarily exported to
_______________________________________________for_________________________________________."
(foreign exporting country/place)
(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 exported for purposes other than repairing and for exhibition, similar documents should be provided to demonstrate the genuine need for temporary exportation; and
  3. Declaration and Undertaking for Temporary Export of Strategic Commodities ("Declaration and Undertaking") SC024 (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. Samples of completed set of export licence application, related import 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 export applications electronically. The E-Application for temporary export licence and the related import licence can be made through companies' E-Accounts in the SC Website under the program of "Apply for Temporary Export of Goods" provided at the E-Application menu (At http://www.stc.tid.gov.hk > Login Your E-Account > E-Applications > Temporary Export Application > Apply for Temporary Export of Goods).

8.                When compared, making E-Application for temporary export of strategic commodities is certainly more convenient that filling in paper forms because -
  1. Regardless of the format, every temporary export licence application must come as a pair of export licence and import 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 export and import licence applications in two separate menus.
  2. For the special temporary export statements required in all temporary export 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 Temporary Export of Strategic Commodities SC024 (Rev2015)", 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 Export 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 export and import 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 Export and Upon Return


10.                For each approved temporary export application, no matter paper or electronic, a pair of paper export and import 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 Room 1619, 16/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong. 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 export licence and the related import 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:
  1. make arrangement 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 export of the goods and upon their return. 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
 
  1. present the goods to Customs officers at a Customs Control Point at the time of export and upon their return (not afterwards) for:
    1. physical examination of the goods; and
    2. certification on the original and duplicate of the export licence (in respect of export) and the import licence (in respect of the return of the goods) of the results of the physical examinations. 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.

12.                Furthermore, the licensee submit in person, within 7days, upon return of the goods, a letter reporting the return of the goods together with the duplicates of the export and the import licences, both bearing Customs' certification of examination results, to the Licensing Section of the Strategic Trade Controls Branch of 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.                Under the terms of the Declaration and Undertaking, the licensee must bring the goods back to Hong Kong immediately after the exhibition has been completed. In this connection, the licensee should note that the goods may not be disposed of at the foreign country (place) without the prior approval of the Trade and Industry Department. Traders should note that approval of a licence for temporary export does not imply that a licence for permanent export will eventually be granted, even if an order for the goods is subsequently received at the foreign country (place). In such event, the licensee must seek approval from the Department separately. The licensee must also ensure that adequate security arrangements are taken all the time while in the foreign country (place) and during transportation.

14.                In order to uphold the integrity of the import and export control system of strategic commodities, Trade and Industry Department 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


15.                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 commodities, 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 Sections8 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