The Thai Customs Department has recently authorized the Post-Clearance Audit Bureau to re-launch a voluntary disclosure program from 15 May 2010 to 30 September 2010, where the importers, exporters and related parties can audit themselves and voluntarily disclose to the Customs on any potential customs risks or customs offences found from their self-audit.
Those who voluntarily reports to the Customs Department on the potential customs risks and/or customs offences that result in shortage of import duties and taxes, e.g. false declaration of tariff code, undervalue declaration, misuse of customs privilege and BOI privilege,...etc., shall be eligible for a waiver of import duty penalty and VAT penalty and shall only be subjected to the payment of import duty shortage, VAT shortage and surcharge 1.5% per month. Such waiver is based on 2 conditions as follows:
1) The customs risks and/or customs offences are not caused or made intentionally, and
2) The right to participate in the Customs Voluntary Disclosure Program is just 1 time per a company (those who previously utilized the right shall not be able to join this program).
Importation of restricted goods without import licenses and hand-carrying or smuggling goods into Thailand without duly processing import customs formality will be deemed as intentional customs offences and will not be eligible for a waiver of penalties under the Customs Voluntary Disclosure Scheme.
Related parties therefore are advised to take this golden opportunity by making self-audit and declaring any potential customs risks found to the Customs Department during 15 May 2010 to 30 September 2010so as to minimize duty exposures and comply with customs regulations.
2010年5月26日水曜日
METI Issues Updated Proliferation End-User List for Entities Engaged in WMD
On May 26, 2010, the Ministry of Economy, Trade and Industry ("METI") updated the End User List of their website. The End User List is a list of entities that may be involved in the development, manufacturing, use and storage of weapon of mass destruction ("WMD") such as nuclear, chemical, bacteriological weapons, and missiles. The updating of the list is usually undertaken once a year.
The number of entities in the updated list increased from last year's 247 to 272. The updated list consists of 34 new entities, while 9 entities were deleted. The net increase is therefore 25 entities. The new entities added are mostly from Iran and North Korea. There are no Japanese entities in the list. Hence, this list is also know as "Foreign User List". The update list can be downloaded from METI web site.
http://www.meti.go.jp/policy/anpo/hp/law_document/tutatu/t08kaisei/t08kaisei_kaiteikasho.pdf
(The name of deleted entities are also available from the bottom end part of this URL.)
The Foreign User list is not an embargo list but an indicative list for METI to determine whether an export license is necessary or not under the Catch-All export control regulation. The entities listed may have or previously had concern regarding WMD or proliferation activities. Export items which are apparently used for purposes other than WMD related activities may not be required to have an export license. Business are encouraged to closely check the end-use purpose when exporting to these entities to determine whether an export license is needed.
The number of entities in the updated list increased from last year's 247 to 272. The updated list consists of 34 new entities, while 9 entities were deleted. The net increase is therefore 25 entities. The new entities added are mostly from Iran and North Korea. There are no Japanese entities in the list. Hence, this list is also know as "Foreign User List". The update list can be downloaded from METI web site.
http://www.meti.go.jp/policy/anpo/hp/law_document/tutatu/t08kaisei/t08kaisei_kaiteikasho.pdf
(The name of deleted entities are also available from the bottom end part of this URL.)
The Foreign User list is not an embargo list but an indicative list for METI to determine whether an export license is necessary or not under the Catch-All export control regulation. The entities listed may have or previously had concern regarding WMD or proliferation activities. Export items which are apparently used for purposes other than WMD related activities may not be required to have an export license. Business are encouraged to closely check the end-use purpose when exporting to these entities to determine whether an export license is needed.
2010年5月11日火曜日
Malaysia Export Controls
More update of Malaysia Export Controls regulation development.
[Thanks to my friend in Singapore, Jason, for providing this information.]
The new Malaysia export control/transshipment law, which passed the Malaysian Parliament on April 5 of this year.
Called the Strategic Trade Act, the legislation "provides for control over the export, transshipment, transit and brokering of strategic items, including arms and related material, and other activities that will or may facilitate the design, development and production of weapons of mass destruction and their delivery systems...." The Act does not specifically identify the goods and technology which are considered strategic, though this term may span the EU list.
The Act also requires permitting for shipments of non-strategic or "unlisted" items to restricted end-users, and denies shipments to prohibited end users. Other provisions of the legislation call for extraterritorial enforcement, imposition of substantial penalties for non-compliance, record-keeping requirements, and potential for exemptions. The Malaysian Ministry of International Trade and Industry is now working on regulations to implement the legislation that will be published in the Gazette at some point.
http://image.techamerica.us/lib/fec3167273600275/m/1/MalaysiaStrategicTradeBill2010.pdf
[Thanks to my friend in Singapore, Jason, for providing this information.]
The new Malaysia export control/transshipment law, which passed the Malaysian Parliament on April 5 of this year.
Called the Strategic Trade Act, the legislation "provides for control over the export, transshipment, transit and brokering of strategic items, including arms and related material, and other activities that will or may facilitate the design, development and production of weapons of mass destruction and their delivery systems...." The Act does not specifically identify the goods and technology which are considered strategic, though this term may span the EU list.
The Act also requires permitting for shipments of non-strategic or "unlisted" items to restricted end-users, and denies shipments to prohibited end users. Other provisions of the legislation call for extraterritorial enforcement, imposition of substantial penalties for non-compliance, record-keeping requirements, and potential for exemptions. The Malaysian Ministry of International Trade and Industry is now working on regulations to implement the legislation that will be published in the Gazette at some point.
http://image.techamerica.us/lib/fec3167273600275/m/1/MalaysiaStrategicTradeBill2010.pdf
2010年4月30日金曜日
Hong Kong update export control list again
On April 30, 2010, Hong Kong Trade and Industry Department ("TID") announced that Hong Kong's control list for strategic commodities is updated to reflect recent change of the international regime.
Hong Kong's current control list was amended in February 2010, and covers the revision adopted by international regimes up to end-2008. The control list update this time is to mirror the latest changes of Wasssenaar dual-use list up to end-2009, which is commonly traded strategic items such as electronics, computers, telecommunications and information security products.
The one of significant changes to traders in Hong Kong’s Schedule 1 list would be removal of certain cryptography items in Category 5 - part 2. By reflecting Note 4 (exemption note of “Ancillary” cryptography) of Wassenaar 2009 list, which decontrol items of incorporating the cryptography as “non-primarily” function, many of digital gadget and software will be no longer the license required items, such as gaming, household appliances, business process software, medical clinical equipments, and CAD software etc.
Another important change would be removal of cryptography devices from Schedule 2, which is the list of "more sensitive" group of strategic items, and require import/export license in transit and air-transshipment in Hong Kong. Schedule 2 contains military items and nuclear related items as such strictly controlled items. Encryption devices in transit through Hong Kong will be no longer require a license.
Effective date of the change is uncertain yet. Once the legal procedure is completed, the Order will be issued to inform traders of the effective date. Last time, the scheduled change was announced in mid-November 2009 and implementation was in early February 2010.
As of April 2010 among Hong Kong, Japan and Singapore, Japan have already reflected Wassenaar dual-use list of 2009, while Singapore still have its dual-use list reflecting Wassenaar as of 2008.
(Source: http://www.stc.tid.gov.hk/english/circular_pub/2010_stc02.html )
Hong Kong's current control list was amended in February 2010, and covers the revision adopted by international regimes up to end-2008. The control list update this time is to mirror the latest changes of Wasssenaar dual-use list up to end-2009, which is commonly traded strategic items such as electronics, computers, telecommunications and information security products.
The one of significant changes to traders in Hong Kong’s Schedule 1 list would be removal of certain cryptography items in Category 5 - part 2. By reflecting Note 4 (exemption note of “Ancillary” cryptography) of Wassenaar 2009 list, which decontrol items of incorporating the cryptography as “non-primarily” function, many of digital gadget and software will be no longer the license required items, such as gaming, household appliances, business process software, medical clinical equipments, and CAD software etc.
Another important change would be removal of cryptography devices from Schedule 2, which is the list of "more sensitive" group of strategic items, and require import/export license in transit and air-transshipment in Hong Kong. Schedule 2 contains military items and nuclear related items as such strictly controlled items. Encryption devices in transit through Hong Kong will be no longer require a license.
Effective date of the change is uncertain yet. Once the legal procedure is completed, the Order will be issued to inform traders of the effective date. Last time, the scheduled change was announced in mid-November 2009 and implementation was in early February 2010.
As of April 2010 among Hong Kong, Japan and Singapore, Japan have already reflected Wassenaar dual-use list of 2009, while Singapore still have its dual-use list reflecting Wassenaar as of 2008.
(Source: http://www.stc.tid.gov.hk/english/circular_pub/2010_stc02.html )
2010年4月15日木曜日
Japana extend a ban on all exports to North Korea
According to the Press Release of The Ministry of Economy, Trade and Industry ("METI") on April 09, 2010, Japanese government has decided to extend a ban on all exports destined for North Korea, and all imports originating in or shipped from North Korea. (This measure has been for 4 years since 2006 with one year term each. )
Outline of the measures
1. The ban on export of all goods destined for North Korea shall be extended by continuing the requirement that exporters obtain export approval from the Minister of Economy, Trade and Industry (Article 48, Paragraph 3 of the Foreign Exchange and Foreign Trade Law ["FEFTL"]).
2. The ban on import of all goods originating in or shipped from North Korea shall be extended by continuing the requirement that importers obtain import approval from the Minister of Economy, Trade and Industry (Article 52 of the FEFTL).
3. To ensure the enforcement of these restrictions, the following transactions shall be banned.
- Transactions involving buying/selling, loaning/borrowing, or giving of goods that involve the movement of the goods between third countries and North Korea (Article 25, Paragraph 6 of the FEFTL)
- Payments of import bills for goods originating in or shipped from North Korea that are imported without import approval (Article 16, Paragraph 5 of the FEFTL).
4. Goods exported for humanitarian purposes shall be exempted from the above restrictions.
Effective period
These restrictions shall be in effect from April 14, 2010 to April 13, 2011.
(Source: METI web site http://www.meti.go.jp/english/press/data/20100409_01.html )
Outline of the measures
1. The ban on export of all goods destined for North Korea shall be extended by continuing the requirement that exporters obtain export approval from the Minister of Economy, Trade and Industry (Article 48, Paragraph 3 of the Foreign Exchange and Foreign Trade Law ["FEFTL"]).
2. The ban on import of all goods originating in or shipped from North Korea shall be extended by continuing the requirement that importers obtain import approval from the Minister of Economy, Trade and Industry (Article 52 of the FEFTL).
3. To ensure the enforcement of these restrictions, the following transactions shall be banned.
- Transactions involving buying/selling, loaning/borrowing, or giving of goods that involve the movement of the goods between third countries and North Korea (Article 25, Paragraph 6 of the FEFTL)
- Payments of import bills for goods originating in or shipped from North Korea that are imported without import approval (Article 16, Paragraph 5 of the FEFTL).
4. Goods exported for humanitarian purposes shall be exempted from the above restrictions.
Effective period
These restrictions shall be in effect from April 14, 2010 to April 13, 2011.
(Source: METI web site http://www.meti.go.jp/english/press/data/20100409_01.html )
2010年4月7日水曜日
Malaysia's Strategic Trade Bill passed
I have long time recognized that Malaysia don't have sufficient export control regulation to prevent WMD proliferation, but this will change.
Malaysia government pass Strategic Trade Bill and introduce solid export control regulation.
The summary is in below news source. For the companies who have operating unit in Malaysia should keep monitoring this regulatory development.
http://www.bernama.com/bernama/v5/newsindex.php?id=488051
http://news.brunei.fm/2010/04/06/minister-refutes-suggestions-malaysias-strategic-trade-bill-being-rushed-through/
Malaysia government pass Strategic Trade Bill and introduce solid export control regulation.
The summary is in below news source. For the companies who have operating unit in Malaysia should keep monitoring this regulatory development.
http://www.bernama.com/bernama/v5/newsindex.php?id=488051
http://news.brunei.fm/2010/04/06/minister-refutes-suggestions-malaysias-strategic-trade-bill-being-rushed-through/
2010年4月1日木曜日
U.S. CBP Helping Importers with 10+2 Rule
Noteworthy news to catch up the current status of US 10+2 rule enforcement.
(Source: UPS Trade Broadcast as of March 31, 2010)
Officials from U.S. Customs and Border Protection (CBP) are helping the trade community adjust to the Importer Security Filing rule, commonly known as "10+2" because of the 10 security data elements required from importers and two from carriers, which must generally be transmitted to CBP 24 hours before a U.S.-bound container is loaded aboard a ship. CBP began full enforcement of the rule on January 26, 2010 and plans to gradually step up enforcement measures throughout the year.
During a recent gathering of the Coalition of New England Companies for Trade, Richard DiNucci, director of the Secure Freight Initiative, reportedly told attendees that weekly filings of the 10+2 data have increased by 25 percent since January 26. DiNucci also reportedly stated that, "About 70 to 80 percent of importers are filing, and some ports are 95 to 100 percent compliant." He added that CBP is continuing to reach out to importers to explain the rules.
According to DiNucci, CBP will send out warning letters "shortly" to importers that are not in compliance with the rule but "will not penalize importers who have failed." At the same time, Cynthia Whittenburg, the director of the CBP Trade Facilitation and Administration Division, said the new Importer Security Filing rule would be integrated into CBP's ACE system, when it transitions to what she called "steady state" in 2011.
(Source: UPS Trade Broadcast as of March 31, 2010)
Officials from U.S. Customs and Border Protection (CBP) are helping the trade community adjust to the Importer Security Filing rule, commonly known as "10+2" because of the 10 security data elements required from importers and two from carriers, which must generally be transmitted to CBP 24 hours before a U.S.-bound container is loaded aboard a ship. CBP began full enforcement of the rule on January 26, 2010 and plans to gradually step up enforcement measures throughout the year.
During a recent gathering of the Coalition of New England Companies for Trade, Richard DiNucci, director of the Secure Freight Initiative, reportedly told attendees that weekly filings of the 10+2 data have increased by 25 percent since January 26. DiNucci also reportedly stated that, "About 70 to 80 percent of importers are filing, and some ports are 95 to 100 percent compliant." He added that CBP is continuing to reach out to importers to explain the rules.
According to DiNucci, CBP will send out warning letters "shortly" to importers that are not in compliance with the rule but "will not penalize importers who have failed." At the same time, Cynthia Whittenburg, the director of the CBP Trade Facilitation and Administration Division, said the new Importer Security Filing rule would be integrated into CBP's ACE system, when it transitions to what she called "steady state" in 2011.
登録:
投稿 (Atom)
