Licence applications for the import and 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 :
Licence applications covering the import and export of nuclear and missile related goods and technology 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.
Licence applications for the import and 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 statement duly completed by the end-user. Applications involving chemical weapons precursors have to be accompanied by :
Licence applications covering the import and 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 (“TID”) under the Import and Export Ordinance ( Cap. 60, Laws of Hong Kong ), including its subsidiary legislation, i.e. the Import and Export (Strategic Commodities) Regulations (Cap. 60G, Laws of Hong Kong) (“the Regulations”) and the Hong Kong Police Force under the Firearms and Ammunition Ordinance (Cap. 238, Laws of Hong Kong).
The Munitions List of Schedule 1 to the Regulations sets out the munitions items which are subject to import and export licensing control administered by TID.
As a general rule, imports 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 :
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 exporting country/place can also be approved by TID under special licensing procedures. Physical examination of the goods at the time of import (e.g. for repair in Hong Kong) and at the time of return (e.g. after repair) to the original exporting country/place is also one of the conditions which the licensee must comply with.
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 TID 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 :
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 (Cap. 60G, Laws of Hong Kong). 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.
Schedule 2 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).
For applications covering goods in transit through Hong Kong, applicants should declare on the licence applications that the goods are in transit, and state the transport mode, the name of the vessel or flight number; and the expected arrival and departure dates.
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 TID to be exempted from applying licence in respect of air transhipment cargo of specified strategic commodities. The Scheme covers specified strategic commodities listed in Schedule 1 to the Import and Export (Strategic Commodities) Regulations (Cap. 60G, Laws of Hong Kong) (“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.
Please refer to the list for some specific examples of products that are ineligible for the SCTREX.
Approval-in-Principle Arrangement for Bulk Users of Strategic Commodities Licensing Service (AIP)
AIP is a major trade facilitation scheme of TID 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 TID 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.
TID 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 2398 5626.