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.
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.
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.
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 :
Depending on the circumstances of individual case, the following documents will also be required :
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 :
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.
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 :
To give due facilitation to the air cargo trade in strategic commodities, the Air Transhipment Cargo Exemption Scheme for Specified Strategic Commodities (SCTREX) is implemented under the Air Cargo Transhipment (Facilitation) Ordinance. The Scheme allows eligible airlines and cargo operators who have registered with the Trade and Industry Department to be exempted from applying licence in respect of air transshipment cargo of specified strategic commodities. The Scheme covers specified strategic commodities listed in Schedule 1 to the Import and Export (Strategic Commodities) Regulations (“the Regulations”), except products listed in Schedule 2 to the Regulations, which are air transhipment cargo and remain within the confines of the cargo transhipment area of Hong Kong International Airport pending onward flights. The registrants are bound by the registration conditions and subject to post-shipment verification.
For details, please refer to the relevant circular.
Please refer to the list for some specific examples of products that are ineligible for the SCTREX.
AIP is a major trade facilitation scheme of the Department on the strategic trade controls front. It aims to further streamline licensing procedures and expedite processing time for certain frequent and qualified users of licensing service for strategic commodities.
A company who is a frequent user of strategic commodities licensing service in Category 3 or Category 5 and has a good compliance record would in general be eligible for AIP. It should be noted that the aforesaid criteria are general guidelines on eligibility for AIP. Each application for AIP will be considered by the Department on its own merits. The validity period of AIP is normally one year. The company has to re-apply for the AIP before its expiry.
The Department has been providing information and assistance for individual companies which are potentially eligible for AIP. Companies who are interested in joining AIP are welcome to contact our enquiry hotline at 3403 6424 or our Customer Service Manager at 2398 5572.
For details, please refer to the relevant circular.