2009年3月27日金曜日

China in bid to lure overseas experts

Chinese government published a new program to hire 1,000 overseas specialists, the central government will offer each 1 million yuan ($146,000) in subsidies.
If employed, they will also be able to enjoy fundamental social security policies including medical care and pensions.

The official said the general principles of the program were as follows:

An eligible candidate, regardless of his or her nationality, should be aged 55 or younger, should stay in China for six months or longer every year, have an academic title equivalent to professor, or currently work as a senior managing staff with a well-known international company or banking institution.

Candidates also include those who have developed technologies or patents and those who have set up their own businesses abroad and are familiar with international rules in a certain industry.

Please find articles below:
http://www.chinadaily.com.cn/bizchina/2009-03/20/content_7602641.htm


This may be good news from China technology development point of view, however this can be potential issue in export control technology transfer, from a point of view in country which offer human expert. If a person has sensitive technology regulated by export control regulation, the review will be required. Don't forget about it.

2009年3月21日土曜日

Japan, Peru to start EPA negotiation

According to the web site of Ministry of Foreign Affairs of Japan, officials from Japan and Peru will meet in Tokyo in the week of March 23 to discuss a free trade agreement that would eliminate tariffs on most products traded between the two countries.

This meeting is a preparatory meeting to start EPA negotiation between two countries.
The main objective of this meeting is to exchange opinions to recognize mutual status and position in trade.

Bilateral trade between Japan and Peru totaled $2.785 billion in 2007, with Japan's main exports items consisting of automobiles, tires, and steel products, while copper, silver, zinc, and fish flour were the top imports.

Already, Japan has enforced free trade agreements with Singapore, Mexico, Malaysia, Chile, Thailand, Indonesia, Brunei, ASEAN and the Philippines. Completed the signature with Swiss and Vietnam.

2009年3月16日月曜日

Self-declared C/O Law draft published

As announced in Feb 19, Japan signed EPA with Switzerland. Self-declared Certificate of Origin (C/O) by approved exporter will be introduced first time in Japan with this EPA.
In Japan side, METI take responsibility of process of this C/O by approved exporter.
On March 10, METI announced the law relating to this self-declared C/O.
The main points are as follows.

  1. Definition and classification of C/O
    Currently, C/O is only issued by Chamber of Commerce in Japan. This existing scheme still remain for majority of EPA and GSP C/O. This type of C/O will be called "Type 1".
    The C/O issued by approved exporter will be called "Type 2" C/O.
  2. Authorization by METI
    Approved exporter must be authorized by METI before issuing self-declared C/O. The detailed process of this authorization will be announced later.
  3. Registration Tax
    In order to have this authorization by METI, the exporter need to pay registration tax, and it costs JPY90,000 (approx. US$900).
  4. Renewal of approved exporter authorization
    This approval need to be renewed by designated period. The period will be decided later by Ministerial Order, and the renewal fee will be needed. The amount of the fee will be also decided by METI later on.

(Source: METI web site http://www.meti.go.jp/press/20090310003/20090310003.html )

2009年3月5日木曜日

Horkos employees arrested FEFTL violation

On March 4, 2009, METI accused Machine Tool manufacture, Horkos, of violation of FEFTL, as they exported high precision machine tool without export license to South Korea and China. This incident was reported on July 31 last year, and have been investigated by police. It was reported yesterday, 4 employees were arrested by violation of FEFTL. All of these employees are not top management, but manager or assistant manager level who were involved in false classification of their machine tool. (Overseas sales manager, manufactuirng manager, quality control manager etc.) They intentionally declared their machine tool's specification "lower" than it is, because the license application to METI is very complicated, stressful, troublesome and wanted to minimize the lead time of business. The actual technical specification was not disclosed to METI or Customs, but they internally kept "real specification" in the company and advised to clients as sales point!

According to METI website, their machine is classified as category 2-(12) of Export Trade Control Order appendix 1. Its description is "Nuclear Weapons, Numerically controlled machine tools". Or, it is equivalent to US ECCN 2B001 and 2B201. The export of this item require export license by METI regardless of its destination, to all countries.

The penalty of export violation will be much more severe by amendment of FEFTL this year.
Apparently, this violation incident is one of the reason METI impose tighten export control.

(Source: METI web site http://www.meti.go.jp/policy/anpo/kanri/topics/kokuhatsu/main.html)
(Horkos web site: http://www.horkos.co.jp/ )

2009年3月2日月曜日

Japan FEFTL amendment

On February 27, 2009, the government of Japan published a notice that within the next 12 months it will implement specific amendments of the Japanese Foreign Exchange and Foreign Trade Law (“FEFTL”) to impose more strict export controls on technology transfers and increases penalties for export control violations. The changes will not take effect until implementing regulations are issued, which is expected to occur later this year. The amendments are as follows:

· Technology Transfer: Current export controls on technology transfers apply only to transfers from a Japanese resident to a non-resident. Under the new regulations, technology transfers of items considered a potential threat to national security will be subject to a license requirement whenever moving across the border, even if at that time they are in the possession of a Japanese resident. Taking such technology abroad and sending it to another country via the Internet will both be subject to licensing requirements. The Ministry of Economy, Trade and Industry (“METI”) indicates that this amendment is intended to conform the Japanese rules to the prevailing international standards followed in the United States and the EU.

· Increased Penalties: Current law provides for imprisonment of up to 5 years and a fine of up to 2 million yen for export control violations. The amendment increases these penalties to 10 years and 10 million yen, or five times the value of the items unlawfully exported, whichever is greater. The level of penalty imposed will depend upon the destination country, whether the export violation involved goods, software or technology controlled for WMD reasons and whether the items are considered sensitive for other reasons.

· Export Compliance Programs: The new regulations will require each exporter who deals in sensitive items to have thorough export compliance programs. Failure to do so will subject the exporter to a warning, an order requiring specific compliance steps or, in severe cases, monetary penalties.

The extent of the new regulations’ impact will clearly depend upon the how the implementing regulations define the key concepts of “transfer” and “sensitive” items.

Full details of the amendment of the FEFTL is available in following METI web site, but only in Japanese.
http://www.meti.go.jp/press/20090227002/20090227002.html