On Feb 26, various media reported a small trading house "Toko Boueki" tried to send magnetic measurement devices to North Korea via Myanmar without obtaining export license by METI.
Police raided this company for investigation.
According to METI, the magnetic measurement devices are regulated under "Catch-all" control.
This implies this machine is not license required under Export Trade Control Order appendix category 1 - 15, but falling under category 16. The technical specification does not trigger export license, but the suspected use to Weapon of Massive Destruction (WMD) is the reason of export license requirement.
In addition, based on Catch-all control, METI have already known this attempt, and once informed to this trading house to apply license. However, the company disregarded this "inform" by METI and tried to export illegally. Certainly, this case is with evil intention and will be penalized based on Foreign Exchange and Foreign Trade Law (FEFTL).
Coincidentally, as of today Feb 27, the amendment of FEFTL is officially approved by Cabinet, to include more severe penalty against the violation of export control regulation.
Below Japan Times article provide details of the news.
http://search.japantimes.co.jp/cgi-bin/nn20090227a2.html
2009年2月27日金曜日
2009年2月24日火曜日
BIS update self-audit questionaire sheet
On Feb 19, BIS updated their self-audit questionnaire sheet, which is useful tool to determine whether a company's ICP is adequate enough to minimize the risk for violation of US export control. The URL is below.
http://www.bis.doc.gov/complianceandenforcement/emcp_audit.pdf
The material is 30 pages check list by fulfilling yes or no, and comment if necessary.
As the export operation is different by company, and each company have unique activity.
The list is just an example and the auditor is encouraged to make use of it and modify if necessary, to best accommodate the practice of each company.
Not only audit purpose, but according to US Commerce Dept., "may be used to create a new program or to assess whether internal controls have been implemented."
I looked through the entire pages, and my impression is the number of questions are too many, a bit redundant. In actual audit operation, an auditor had better narrowly focus the questions by eliminating some questions. In most cases, an auditor visit many divisions or departments and pose same questions to many different people. Practically, by preparing pre-audit questions, an auditor is suggested to narrow down the focus points.
http://www.bis.doc.gov/complianceandenforcement/emcp_audit.pdf
The material is 30 pages check list by fulfilling yes or no, and comment if necessary.
As the export operation is different by company, and each company have unique activity.
The list is just an example and the auditor is encouraged to make use of it and modify if necessary, to best accommodate the practice of each company.
Not only audit purpose, but according to US Commerce Dept., "may be used to create a new program or to assess whether internal controls have been implemented."
I looked through the entire pages, and my impression is the number of questions are too many, a bit redundant. In actual audit operation, an auditor had better narrowly focus the questions by eliminating some questions. In most cases, an auditor visit many divisions or departments and pose same questions to many different people. Practically, by preparing pre-audit questions, an auditor is suggested to narrow down the focus points.
2009年2月20日金曜日
Japan-Swiss EPA signed on Feb 19, 2009
EPA between Japan and Switzerland was signed on Feb 19, 2009.
The main text and tariff schedule is now available in below MOFA web site.
http://www.mofa.go.jp/region/europe/switzerland/epa0902/index.html
According to Asahi press, the implementation is expected in autumn this year.
As for Customs tariff for both countries, 99% of goods in trade amount will be eliminated.
One point to noteworthy for Japan is the adoption of "approved exporter" system for declaration of country of origin. This is first time for Japan, but in Europe, the self-declaration by approved exporter is very common system.
The main text and tariff schedule is now available in below MOFA web site.
http://www.mofa.go.jp/region/europe/switzerland/epa0902/index.html
According to Asahi press, the implementation is expected in autumn this year.
As for Customs tariff for both countries, 99% of goods in trade amount will be eliminated.
One point to noteworthy for Japan is the adoption of "approved exporter" system for declaration of country of origin. This is first time for Japan, but in Europe, the self-declaration by approved exporter is very common system.
2009年2月16日月曜日
METI will enforce penalty to non-compliant company in export control
According to reliable source in Ministry of Economy, Trade and Industry (“METI”), Foreign Exchange and Foreign Trade Law (“FEFTL”) in Japan will be amended within this year so that METI could enforce more solid export control for dual use items to prevent from transferring to military purpose. A new provision will be added in FEFTL, which broaden the penalty range to a non-compliant company in export control.
- Increase the penalty amount of violation of FEFTL export control
Under current law, Persons who have exported controlled items without obtaining the license are subject to a penalty of not more than five years of imprisonment or a fine of not more than two millions yen, or both. If five times the value of such items exceeds two millions yen, the fine shall be up to five-time amount. In addition, as an administrative sanction, the penalty may involve prohibition of export for a period of not more than three years. In 2008, there found some malicious violations of export regulation by Japanese companies, METI consider to increase the penalty amount by revising the FEFTL.
- Introduce penalty to dishonest license application and non-compliance
In 2008, METI made warning to a Japanese machine tool company, who continued to have faulty classification of their products for seven years by intentionally lowering the technical specification to illegally get non-license-required status. Under current law scheme, METI only can give administrative advice or warning, not criminal penalty for such internal non-compliance. By revising FEFTL, new requirement for compliance control will be introduced. A company who deal dual-use items of military use, need to implement solid internal control operation. Faulty export control operation will be subject to METI’s advice to improve, order, and finally criminal penalty in case the company don’t obey to METI’s advice.
Under such condition, Japanese companies continue to carry out thorough export control internally, to monitor the latest regulation and to pay more attention the compliance.
- Increase the penalty amount of violation of FEFTL export control
Under current law, Persons who have exported controlled items without obtaining the license are subject to a penalty of not more than five years of imprisonment or a fine of not more than two millions yen, or both. If five times the value of such items exceeds two millions yen, the fine shall be up to five-time amount. In addition, as an administrative sanction, the penalty may involve prohibition of export for a period of not more than three years. In 2008, there found some malicious violations of export regulation by Japanese companies, METI consider to increase the penalty amount by revising the FEFTL.
- Introduce penalty to dishonest license application and non-compliance
In 2008, METI made warning to a Japanese machine tool company, who continued to have faulty classification of their products for seven years by intentionally lowering the technical specification to illegally get non-license-required status. Under current law scheme, METI only can give administrative advice or warning, not criminal penalty for such internal non-compliance. By revising FEFTL, new requirement for compliance control will be introduced. A company who deal dual-use items of military use, need to implement solid internal control operation. Faulty export control operation will be subject to METI’s advice to improve, order, and finally criminal penalty in case the company don’t obey to METI’s advice.
Under such condition, Japanese companies continue to carry out thorough export control internally, to monitor the latest regulation and to pay more attention the compliance.
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