Vietnam-Japan Economic Partnership Agreement (VJEPA) is a comprehensive bilateral trade agreement, which was signed in Tokyo last December.
Vietnam has ratified this EPA last month April, but awaiting the ratification by Japan side.
The Prime Minister Nguyen Tan Dung, he visits Tokyo and Prime Minister Taro Aso had a top level meeting yesterday on May 22.
During this meeting, Prime Minister Dung requested Japan to ratify VJEPA as early as possible.
Prime Minister Aso responded that the deliberation in Diet has just started today (May 22) , and makes effort to ratify it as soon as possible after approval in Diet.
This EPA will enter into force on the first day of the second month following the month in which each country exchange diplomatic notes informing each other that their respective legal procedures have been completed, according to EPA article 128.
(Source: MOFA Press release: http://www.mofa.go.jp/mofaj/area/vietnam/visit/0905_sk.html )
2009年5月19日火曜日
AJCEP - Thailand entry into force on June 1, 2009
According to press release on May 18, 2009 on Ministry of Foreign Affairs of Japan, on April 30 (Thu) , 2009, Thailand made the notification on the completion of its legal procedures necessary for the entry into force of the Agreement on Comprehensive Economic Partnership among Japan and Member States of the Association of Southeast Asian Nations (AJCEP - Japan-ASEAN Comprehensive Economic Partnership Agreement).
With this notification, the Agreement will enter into force on June 1 (Mon), 2009 in relation to Thailand.
This Agreement has already entered into force among Japan, Singapore, Laos, Viet Nam, Myanmar, Brunei and Malaysia.
(Source: MOFA web site http://www.mofa.go.jp/announce/announce/2009/5/1191758_1134.html )
With this notification, the Agreement will enter into force on June 1 (Mon), 2009 in relation to Thailand.
This Agreement has already entered into force among Japan, Singapore, Laos, Viet Nam, Myanmar, Brunei and Malaysia.
(Source: MOFA web site http://www.mofa.go.jp/announce/announce/2009/5/1191758_1134.html )
Trader arrested for export violaiton to North Korea
According to various news papers as of May 19, a trader in Kyoto is arrested in violation of Foreign Exchange and Foreign Trade Law ("FEFTL"), attempt to export Truck with tank to North Korea. This is considered as violation of Catch-all control provision, which imposes export license to a trader when the items are possibly to be used for WMD (Weapon of Massive Destruction) purpose.
This trader exported the Truck via Korea, where is the exemption of Catch-all control regulation as white country.
He then tried to transfer the truck to North without importing into Korea by arranging with shipping company there, but the cargo was captured by Korean customs authority. The end-user in North Korea is reported as "Korea Paekho 7 Trading". This company is listed as WMD related company in End-User list provided by METI.
The export to the listed company require export license by METI. (But only if the item is apparently NOT used to WMD activity, the license is not required.)
The truck (and its tank) is essential equipment for launching the missile by carrying the missile and its fuel.
This trader exported the Truck via Korea, where is the exemption of Catch-all control regulation as white country.
He then tried to transfer the truck to North without importing into Korea by arranging with shipping company there, but the cargo was captured by Korean customs authority. The end-user in North Korea is reported as "Korea Paekho 7 Trading". This company is listed as WMD related company in End-User list provided by METI.
The export to the listed company require export license by METI. (But only if the item is apparently NOT used to WMD activity, the license is not required.)
The truck (and its tank) is essential equipment for launching the missile by carrying the missile and its fuel.
(Reference: METI Press Release: http://www.meti.go.jp/press/20090519002/20090519002.pdf )
2009年5月13日水曜日
English translation site of Japanese Law
Japanese Ministry of Justice (MOJ) launched new web site which is database of English translation for Japanese Law. This is official translation and very helpful. Good initiative by MOJ and I really appreciate their hard work on this!
The site url is http://www.japaneselawtranslation.go.jp/
However for customs and trade professional, we still have challenges mainly in following points.
1) Export control - Only FEFTL (Foreign Exchange and Foreign Trade Law), Export Trade Control Order, and Foreign Exchange Order are available. There are no English translation for Ministry Ordinance and Notices, which include critical information when resolving operational inquiry from industry.
2) The translation is not for the latest one. For example, the translation of Export Trade Control Order doesn't reflect recent change in Nov. 2008, which should reflect catch-all control for Conventional Weapon.
3) Customs Law - No translation at all! These are under Ministry of Finance, but there is no customs related Law or Order.
MOJ states they continue to add, improve, or update the English translation.
Stay tuned and continue to monitor this web site.
The site url is http://www.japaneselawtranslation.go.jp/
However for customs and trade professional, we still have challenges mainly in following points.
1) Export control - Only FEFTL (Foreign Exchange and Foreign Trade Law), Export Trade Control Order, and Foreign Exchange Order are available. There are no English translation for Ministry Ordinance and Notices, which include critical information when resolving operational inquiry from industry.
2) The translation is not for the latest one. For example, the translation of Export Trade Control Order doesn't reflect recent change in Nov. 2008, which should reflect catch-all control for Conventional Weapon.
3) Customs Law - No translation at all! These are under Ministry of Finance, but there is no customs related Law or Order.
MOJ states they continue to add, improve, or update the English translation.
Stay tuned and continue to monitor this web site.
2009年5月9日土曜日
Cuba Embargo may be lifted by end of 2010
According to Inside U.S. Trade - 5/8/2009, one of the congress man stated this week, Congress will “most likely” move to end the U.S. trade embargo of Cuba before the end of 2010.
However, we need to understand this move is not top priority, the committee would not consider legislation to end the embargo until after other priorities, particularly health care reform, were considered. It would be better to recognize this as just general direction.
As for recent update, State Department officials are in the early planning stages of a dialogue aimed at further engagement with Cuba. On April 13, the Obama administration announced it would allow U.S. telecommunications companies to do business in Cuba and lift all restrictions on family travel to Cuba, remittances to family members in Cuba and gift parcels sent to Cuba.
According to this announcement on April 13, the Obama administration will now allow more gift parcels, including clothing, personal hygiene items and fishing equipment, and personal communications devices, including cell phones, to be sent from the U.S. to Cuba.
To implement this policy, BIS is making changes to the EAR. The items in question are classified as EAR99. The Treasury Department’s Office of Foreign Assets Control is expected to publish rules on the licenses for telecommunications work in Cuba.
However, we need to understand this move is not top priority, the committee would not consider legislation to end the embargo until after other priorities, particularly health care reform, were considered. It would be better to recognize this as just general direction.
As for recent update, State Department officials are in the early planning stages of a dialogue aimed at further engagement with Cuba. On April 13, the Obama administration announced it would allow U.S. telecommunications companies to do business in Cuba and lift all restrictions on family travel to Cuba, remittances to family members in Cuba and gift parcels sent to Cuba.
According to this announcement on April 13, the Obama administration will now allow more gift parcels, including clothing, personal hygiene items and fishing equipment, and personal communications devices, including cell phones, to be sent from the U.S. to Cuba.
To implement this policy, BIS is making changes to the EAR. The items in question are classified as EAR99. The Treasury Department’s Office of Foreign Assets Control is expected to publish rules on the licenses for telecommunications work in Cuba.
2009年5月2日土曜日
Unauthorized CO between Japan-Malaysia
METI made alert to public on their web site on May 1 regarding CO (Certificate of Origin) authorization issue between Japan and Malaysia EPA.
Between Japan and Malaysia, there are two EPAs in force, which are Japan-Malaysia bilateral EPA and Japan Asean regional EPA. Both EPAs have CO authorization signature provision and strictly impose the authorized CO operation in claiming preferential tariff in importing into Japan.
The problem reported is that in Malaysia side, "not authorized" signature has made in CO and consequently the CO is not effective and rejected by Japanese customs in importing into Japan.
Japanese METI made alert to traders when receiving CO in Malaysia, make sure to confirm whether the signature was made by officially authorized person.
(The report by METI don't disclose the organization name and the person's status who provided the unauthorized signature.)
If the unauthorized signature CO is presented to Japanese customs, the CO is not valid and the importer have to pay duty in MFN rate. The refund later on by submitting correct CO is NOT admitted.
Take care and be sure to check CO signature just in case!
(Source: http://www.meti.go.jp/policy/trade_policy/090501AJCEP%20JMEPA.pdf )
Between Japan and Malaysia, there are two EPAs in force, which are Japan-Malaysia bilateral EPA and Japan Asean regional EPA. Both EPAs have CO authorization signature provision and strictly impose the authorized CO operation in claiming preferential tariff in importing into Japan.
The problem reported is that in Malaysia side, "not authorized" signature has made in CO and consequently the CO is not effective and rejected by Japanese customs in importing into Japan.
Japanese METI made alert to traders when receiving CO in Malaysia, make sure to confirm whether the signature was made by officially authorized person.
(The report by METI don't disclose the organization name and the person's status who provided the unauthorized signature.)
If the unauthorized signature CO is presented to Japanese customs, the CO is not valid and the importer have to pay duty in MFN rate. The refund later on by submitting correct CO is NOT admitted.
Take care and be sure to check CO signature just in case!
(Source: http://www.meti.go.jp/policy/trade_policy/090501AJCEP%20JMEPA.pdf )
2009年5月1日金曜日
The End User List updated
Japanese Ministry of Economy, Trade and Industry ("METI") announced on May 1, 2009 that they updated "The End User List" (or Foreign User List), which is WMD activity concerned entities list. As general practice, this list is updated annually around May or June every year.
In the updated list, the number of entities increased by 21, most of them are in Iran and in North Korea, and making it total number of entities 244. There are no deletion of entities.
The list is available in following METI web site in pdf and MS-Excel format.
http://www.meti.go.jp/policy/anpo/kanri/user-list/list.htm
(Overview of The End User List)
The End User List is a list of foreign entity who are considered to have relations with development, production, manufacturing or storage of WMD. Exporters are required to file export license applications when they wish to export goods subject to the WMD Catch-all control to entities on the End User List, unless it is apparent that those will not be used for WMD purpose.
Please be noted this list is not an embargo list. It is allowed to export when the goods/technologies are apparently not related to WMD purpose.
In the updated list, the number of entities increased by 21, most of them are in Iran and in North Korea, and making it total number of entities 244. There are no deletion of entities.
The list is available in following METI web site in pdf and MS-Excel format.
http://www.meti.go.jp/policy/anpo/kanri/user-list/list.htm
(Overview of The End User List)
The End User List is a list of foreign entity who are considered to have relations with development, production, manufacturing or storage of WMD. Exporters are required to file export license applications when they wish to export goods subject to the WMD Catch-all control to entities on the End User List, unless it is apparent that those will not be used for WMD purpose.
Please be noted this list is not an embargo list. It is allowed to export when the goods/technologies are apparently not related to WMD purpose.
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