|Ref :||TL 202|
|TRA CR 1015/35|
(Main text Annexes A and B updated on 5 October 2015)
This circular informs the trade of the application procedures for International Import Certificate, and supersedes the previous Strategic Trade Controls Circular No. 6/2014.
2. The legal basis for strategic trade control in Hong Kong is the Import and Export Ordinance, Chapter 60 of the Laws of Hong Kong ("the Ordinance"). The Ordinance requires strategic commodities to be covered by import/export licences issued by the Trade and Industry Department ("TID") before they are imported into/exported from Hong Kong. Under the Ordinance, no person shall import or export strategic commodities, i.e. any article specified in the four Schedules to the Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg. G) unless there is a valid licence issued by the Director-General of Trade and Industry.
3. For the purpose of controlling the exports of specific types of strategic commodities, overseas exporting licensing authorities may ask their exporters who, in turn, request Hong Kong importers to obtain an International Import Certificate ("IIC"). On the IIC, the Hong Kong importer undertakes that the goods concerned will be imported into Hong Kong and will not be diverted, transshipped or re-exported except under the authority of an export licence issued by TID. An approved IIC issued by the TID is valid for six months from the date of issue.
5. IIC application never comes alone. It should always be lodged together with a related import licence application [in Form TID 501 (Rev 2015)]. Having completed both the IIC and the import licence application forms, applicants should hand in the forms to the Integrated Customer Service Centre. A numbered receipt will be issued for each pair of import licence and IIC applications.
8. To use and make E-Applications, companies are required to complete a special registration with the TID in advance. Details of the special registration and other requirements for the use of E-Applications can be found in the SC Website by selecting E-Accounts for Applications > Open an E-Account (at: http://www.stc.tid.gov.hk/english/eaccount/how_open.html).
9. Irrespective of the mode of applications, applicants of the IIC should ensure that shipment information provided in the IIC Application Form tally exactly with those in the related import licence application. They should also note that an IIC will normally not be issued to cover goods intended to be further re-exported or diverted to other destination after import. Therefore, a declaration to the effect that the goods under application will be imported into Hong Kong and will not be diverted, transhipped or re-exported to any destination except under the authority of an export licence issued by the Director-General of Trade and Industry will need to be made on the IIC Application Form.
10. Applicants are advised to check the application processing status at the SC Website before collection. A processing fee will be charged for the issue of an IIC. Please check the fee table at the website of the TID for the updated processing fee (https://www.tid.gov.hk/english/aboutus/fee/fee/html). The applicant must pay the fee in cash or through Easy Pay System (EPS) at the Shroff and Form Sales Counter of the TID at Room 1309, 13/F, Trade and Industry Tower.
11. By showing the payment receipt and the numbered receipt (i.e. the receipt of application mentioned in paragraphs 5 and 6 above), the applicant can collect the approved IIC from the Integrated Customer Service Centre. Two copies will be issued to the applicant: (i) the original [i.e. foreign exporter's copy]; and (ii) the duplicate [i.e. importer's copy]. The IIC also has a triplicate which the TID will send directly to the licensing authority in the exporting country (place) of the goods. Specimen of an approved IIC is at Annex B.
12. The IIC holder (i.e. Hong Kong importer) should keep the IIC duplicate for record purpose and send the original to the foreign exporter for the latter to apply for export licence (authorisation) from the control authority of the exporting country (place). Once the foreign export licence (authorisation) is issued, the IIC holder should request a copy of it from its foreign exporter and then forward it to the TID for record and processing of the corresponding import licence application. If the foreign export licence is in language other than English or Chinese, a translated version (either in English or Chinese) should be provided.
13. Traders should note that the IIC is not equivalent to and hence cannot be used as a substitution for strategic commodities licence. They should ensure that there is a valid licence issued by the Director-General of Trade and Industry to cover an import shipment of strategic commodities as required under the Import and Export Ordinance (Cap.60).
14. Traders should ensure that all particulars provided in the IIC application and the related import licence application are true and correct. The Department works closely with the Customs and Excise Department to ensure that applications for strategic commodities licences comply with the provisions of the Import and Export Ordinance (Cap.60) and its subsidiary Regulations by means of consignment checks at either the pre-licence or post-licence stage. Breach of the provisions of the Import and Export Ordinance (Cap.60) and its subsidiary Regulations is an offence. Any person who imports or exports any article specified in the Schedules to the Import and Export (Strategic Commodities) Regulations (Cap.60 sub. leg. G) not under and in accordance with a licence issued by the TID commits an offence and is liable :
(a) on summary conviction to a fine of HK$500,000 and to imprisonment for 2 years; and
(b) on conviction on indictment to an unlimited fine and to imprisonment for seven years.
In addition to prosecution, the Department may impose administrative actions against such a person.
15. Enquiries on the content of this circular and other licensing matters can be made to the Integrated Customer Service Centre on 13/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong (telephone no.: 2398 5575; email: email@example.com).
Strategic Trade Controls Branch
Trade and Industry Department