As I wrote on this blog on Dec 07, 2011, an export control violation was reported. The company name is Kureha Corporation, and its subsidiary Krefine Co., Ltd.
http://japantradecompliance.blogspot.com/2011/12/export-control-violation-again-in-japan.html
They intentionally made invoice value lower than license exemption value, then exported controlled items (Carbon fiber) to China and Singapore.
On Feb 27, 2012, METI announced and post warning letter to these companies on the web site.
http://www.meti.go.jp/press/2011/02/20120227003/20120227003.pdf
The penalty does not involve any monetary penalty, nor imprisonment of representative directors. It is warning only. METI, however, revoked their General Bulk License, and have them make commitment to improve their internal compliance program in order to avoid further violation.
2012年2月28日火曜日
2012年2月17日金曜日
Mexico join Wassenaar Arrangement
According to Wassenaar Arrangement ("WA") web site, Mexico joined WA effective Jan 25, 2012.
Mexico is 41st participating state of WA.
http://www.wassenaar.org/publicdocuments/2012/Public%20Statement%20on%20Mexico.pdf
Then, the interest of Japanese trader would be whether Mexico is treated as "White Country" or not, which is the country group WMD catch-all screening is exempted.
The answer is No. One of the requirements to be White Country is to be a participating state of ALL four international regimes, NSG, AG, MTCR and WA. Mexico is not participating in NSG, AG, and MTCR.
Mexico is 41st participating state of WA.
http://www.wassenaar.org/publicdocuments/2012/Public%20Statement%20on%20Mexico.pdf
Then, the interest of Japanese trader would be whether Mexico is treated as "White Country" or not, which is the country group WMD catch-all screening is exempted.
The answer is No. One of the requirements to be White Country is to be a participating state of ALL four international regimes, NSG, AG, MTCR and WA. Mexico is not participating in NSG, AG, and MTCR.
2012年2月15日水曜日
Annual update of Japan Customs regulation
Japanese customs regulations, including change of tariff rate, Generalized System of Preferences (GSP) scheme update, introducing customs facilitation system etc, are in most cases implemented annually in April.
I reviewed FY2012 customs regulation proposed changes, which are awaiting the review by Diet at this point of time, and find this year's most useful topic for trader would be "(hard copy) invoice is no longer required in customs declaration".
Currently, Customs Law Article 68 stipulate like as follows, "invoice (called "Shiiresho" in Japanese, imply hard copy) should be submitted in export and import customs declaration unless customs advise otherwise."
Off course, Japan customs have state of the art e-customs declaration system, called as NACCS.
But still, exporter/importer have to submit invoice (hard copy) to customs authority for all declarations based on the Customs Law Article 68.
By amending Article 68, invoice submission is basically no longer required unless customs request, e.g. in more precise review or cargo inspecting case. Trader's obligation is to keep the invoice either electrically or in documents, and if customs request to submit, just do so. Therefore, in normal operation, traders will not be required to submit hard copy invoice in each time of customs declaration.
As for implementation timeline, it is expected from July 2012. As NACCS system's program change is necessary, due to its system work, it cannot be started from April 2012.
I reviewed FY2012 customs regulation proposed changes, which are awaiting the review by Diet at this point of time, and find this year's most useful topic for trader would be "(hard copy) invoice is no longer required in customs declaration".
Currently, Customs Law Article 68 stipulate like as follows, "invoice (called "Shiiresho" in Japanese, imply hard copy) should be submitted in export and import customs declaration unless customs advise otherwise."
Off course, Japan customs have state of the art e-customs declaration system, called as NACCS.
But still, exporter/importer have to submit invoice (hard copy) to customs authority for all declarations based on the Customs Law Article 68.
By amending Article 68, invoice submission is basically no longer required unless customs request, e.g. in more precise review or cargo inspecting case. Trader's obligation is to keep the invoice either electrically or in documents, and if customs request to submit, just do so. Therefore, in normal operation, traders will not be required to submit hard copy invoice in each time of customs declaration.
As for implementation timeline, it is expected from July 2012. As NACCS system's program change is necessary, due to its system work, it cannot be started from April 2012.
2012年2月9日木曜日
The 19th Asia Export Control Seminar - personal note
The 19th Asia Export Control Seminar was held in Tokyo on Feb 7 - 9, 2012.
http://www.simul-conf.com/outreach/2011/asian_ec/index.html
The presentations by many country representatives are impressive and informative. Among of them, below is the personal note and new information for me.
Philippine - According to the presentation, the development of national legislation is ongoing, "Strategic Goods Management Act". Involving the regulation of import, export, re-export, transit and transshipment of strategic goods, technologies, equipment and service. It looks it is still developing stage, I would like to follow.
Japan MOFA - I have thought transit was not well controlled in Japanese export control regulation, only transshipment is in scope of Foreign Exchange and Foreign Trade Law ("FEFTL"). It is true, but I find today the transit of all cargoes "to and from North Korea" is controlled under another law, "Act on Special Measures concerning Cargo Inspections etc. pursuant to UNSC Resolution 1874 etc." The Act was entry into force since July 2010 and covers only "DPRK related items", namely, all arms and related materials, WMD related items, and luxury goods. The enforcement agencies are Japan Coast Guard (JCG) and Japan Customs. Up to now, no actual enforcement case, and training exercise was conducted by JCG.
Pakistan - I have no knowledge about Pakistan export control, but according to their presentation, they have legal framework and control lists based on EU pattern and includes items from NSG, MTCR, and AG. I understand their significant geographical location near Afghanistan and Iran, so activity to prevent proliferation in Pakistan is important.
(Summary report by MOFA: http://www.mofa.go.jp/mofaj/gaiko/fukaku_j/asia_yu_19.html )
http://www.simul-conf.com/outreach/2011/asian_ec/index.html
The presentations by many country representatives are impressive and informative. Among of them, below is the personal note and new information for me.
Philippine - According to the presentation, the development of national legislation is ongoing, "Strategic Goods Management Act". Involving the regulation of import, export, re-export, transit and transshipment of strategic goods, technologies, equipment and service. It looks it is still developing stage, I would like to follow.
Japan MOFA - I have thought transit was not well controlled in Japanese export control regulation, only transshipment is in scope of Foreign Exchange and Foreign Trade Law ("FEFTL"). It is true, but I find today the transit of all cargoes "to and from North Korea" is controlled under another law, "Act on Special Measures concerning Cargo Inspections etc. pursuant to UNSC Resolution 1874 etc." The Act was entry into force since July 2010 and covers only "DPRK related items", namely, all arms and related materials, WMD related items, and luxury goods. The enforcement agencies are Japan Coast Guard (JCG) and Japan Customs. Up to now, no actual enforcement case, and training exercise was conducted by JCG.
Pakistan - I have no knowledge about Pakistan export control, but according to their presentation, they have legal framework and control lists based on EU pattern and includes items from NSG, MTCR, and AG. I understand their significant geographical location near Afghanistan and Iran, so activity to prevent proliferation in Pakistan is important.
(Summary report by MOFA: http://www.mofa.go.jp/mofaj/gaiko/fukaku_j/asia_yu_19.html )
2012年2月1日水曜日
Japan - Peru EPA some points to note in customs
I attended Japan - Peru EPA seminar by Japan Customs today. This EPA will be effective on March 1st, 2012. As the seminar is held by Japan Customs, the topic is mostly in import procedure at Japan port and Certificate of Origin matters.
Some points to note for this EPA with Peru, compared with other EPA Japan have concluded.
- Self-declaration of origin is available for approved exporter.
- In Peru side, the approved exporter is authorized by the Ministry of Foreign Trade and Tourism (El Ministerio de Comercio Exterior y Turismo).
- GSP tariff rate for Peru is no longer available after March 1st, 2012. The exception is the case GSP is lower than EPA preferential rate.
- This EPA have no general origin rule, in other words, all items have PSR (Product Specific Rule).
- In CO form (issued by authorized organization) have "manufacturer name" column in column #2.
- HS code is 2007 version.
- Japan Customs have a list of approved exporters in Peru. However, the list is not disclosed publicly. It is used for Japan Customs to internally check whether the self-declaration of origin is correctly issued by authorized approved exporter.
Some points to note for this EPA with Peru, compared with other EPA Japan have concluded.
- Self-declaration of origin is available for approved exporter.
- In Peru side, the approved exporter is authorized by the Ministry of Foreign Trade and Tourism (El Ministerio de Comercio Exterior y Turismo).
- GSP tariff rate for Peru is no longer available after March 1st, 2012. The exception is the case GSP is lower than EPA preferential rate.
- This EPA have no general origin rule, in other words, all items have PSR (Product Specific Rule).
- In CO form (issued by authorized organization) have "manufacturer name" column in column #2.
- HS code is 2007 version.
- Japan Customs have a list of approved exporters in Peru. However, the list is not disclosed publicly. It is used for Japan Customs to internally check whether the self-declaration of origin is correctly issued by authorized approved exporter.
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