2013年5月30日木曜日

New ECCN "500 series" in Category 9

According to the email news from BIS on May 28, BIS publishes a proposed rule on Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List.  State Department publishes a related proposed rule on Revision of U.S. Munitions List Category XV and Definition for “Defense Service.”   Both proposed rules are part of the President’s Export Control Reform Initiative.  Comments on both rules are due by July 8, 2013. BIS Proposed Rule | State Proposed Rule

Quickly looking through the Federal Register, the point is that new ECCN "500 series" will be created for Category 9 for spacecraft including satellites, manned or unmanned space vehicles, which are currently controlled under ITAR USML Category XV.  The changes made to the EAR in the Initial Implementation Rule will be effective on October 15, 2013.

In addition to "600 series" of ECCN, the US ECCN structure will be going unique compared to EU type code.



2013年5月28日火曜日

Hong Kong Export Control List Updated

According to the Strategic Trade Controls Circular No. 6/2013 issued by TID in Hong Kong, their export control items list is updated, namely Amendment of Schedule 1 to the
Import & Export (Strategic Commodities) Regulations.


Quickly looked through the updated list, I find Hong Kong's new list reflect dual use items list of Wassenaar in December 2012. 
For example, deleting the 'use" of software in 4D001, and adding Note 3 (b) 'new mass market exemption of components' of Category 5 part 2. 

The effective date of the new list is not announced, and a separate circular will be issued in due course to inform traders of the effective date of the Order.

(Source: http://www.stc.tid.gov.hk/english/circular_pub/2013_stc06.html )



2013年5月22日水曜日

English translation of export control laws updated

Japanese Law Translation web site, which is maintained by Ministry of Justice, is very useful web site who need English translation of Japanese legal documents. 
http://www.japaneselawtranslation.go.jp/

Recently in mid-May, I find good news and bad news in export control regulations.
Good news is Japanese Law Translation web site updated relevant export control law and the ordinance and posted them.
Bad news is the ordinance, which shows the technical parameter of controlled items, is NOT the latest one, a trader should take care the translation of ordinance may not be the current list.

(1) Foreign Exchange and Foreign Trade Law ("FEFTL") - the translation of FEFTL looks reflecting the latest one.  I find it incorporate the English translation of Article 25 (technology transfer provision) and Article 55-10 (Standards for Exporters provisions), both of they were added some years ago and no significant changes since then.

(2) 貨物等省令 ("The Ordinance" - Ordinance of the Ministry Specifying Goods and Technologies Pursuant to Provisions of the Appended Table 1 of the Export Control Order and the Appended Table of the Foreign Exchange Order)
Actually, this ordinance is difficult to manage the latest translation, as this is updated almost every year.  The translation is updated in May 2013, but unfortunately it is already "old" and not reflecting the latest one.  For example, in 4A003, the controlled computer is "with Adjusted Peak Performance exceeding 3.0 Weighted TeraFLOPS" since August 2012.  However, the English translation of the ordinance shows 1.5 Weighted TeraFLOPS, which is the parameter of a few years ago.

Take care when you refer the translation of the Ordinance.




2013年5月14日火曜日

Second Round of Negotiations for the Japan-Colombia EPA

On joint press release of MOFA and METI, it is announced that the second round of negotiations for the EPA between Japan and Colombia will be held in Cali, Colombia from May 20 to 24.

In this round of negotiations, issues in the areas of Trade in Goods, Trade in Services, Rules of Origin, Custom Procedures, Intellectual Property, Competition, Cooperation and Improvement of Business Environment are scheduled to be discussed.

(Update on May 28)
From May 20 to 24, the second round of negotiations for the EPA between Japan and Colombia was held in Cali, Colombia as originally scheduled.
In this round of negotiations, progress has been achieved through negotiations in areas including Trade in Goods and Services, Rules of Origin, Customs Procedures, Intellectual Property, Competition, Cooperation, and Improvement of Business Environment.
Both sides decided to hold the third round of negotiations in Tokyo, and the dates would be decided through diplomatic channels.  Both sides decided, in the mean time, to continue to work to make as much progress as possible in each area in a flexible manner including holding teleconferences.






2013年5月9日木曜日

International Trade Compliance Programs; The Ralph Lauren Example

The violation case study of Ralph Lauren in their Argentina subsidiary is good example how effective the Trade Compliance Program implementation in view of FCPA enforcement. 

See SEC press release in:
http://www.sec.gov/news/press/2013/2013-65.htm

2013年5月3日金曜日

First Round of Negotiations for RCEP

On May 2nd, MOFA and METI jointly announced the first round of negotiations for Regional Comprehensive Economic Partnership ("RCEP") will be held in Bandar Seri Begawan, Brunei Darussalam, from May 9 to 13.

In this round of negotiations, the meetings of the Trade Negotiating Committee, in which senior officials will participate, and of working groups concerning issues such as Trade in Goods, Trade in Services and Investment are scheduled to be held, and the scope and method of negotiations, amongst others, will be discussed.

(Updated on May 14)
The first round of negotiation of RCEP was held as scheduled.
In this round of negotiations, the scope and method of negotiations, amongst others, were discussed.

The next round of negotiations will be held in Australia between September 24 and 27.

(http://www.mofa.go.jp/press/release/press6e_000073.html)