As mentioned earlier in this blog on Nov. 16, Hong Kong's control list for strategic commodities, as set out in Schedule 1 to the Import and Export (Strategic Commodities) Regulations ("the Regulations"), will be changed to reflect those of the international non-proliferation regimes (e.g. the Wassenaar Arrangement, the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, etc.). In November announcement by TID (Trade and Industry Department), the effective date was unknown and to be announced.
TID announced on Dec. 28 that the effective date of the Order is Feb 4, 2010.
To facilitate the trade to have a better understanding on the upcoming changes to the control list, seminar will be arranged in two sessions, conducted in Chinese 1, to be held on 15 and 18 January 2010 respectively. (English session can be arranged separately upon request.)
(Source: http://www.stc.tid.gov.hk/english/circular_pub/2009_stc19.html )
2009年12月31日木曜日
2009年12月25日金曜日
Japan export control list update effective on April 01, 2010
As shared in this blog on Dec. 09, the Japanese export control list is updated to reflect the list change of Wassenaar Dec. 2008. The goods and technologies list is already available in METI web site.
The schedule of the implementation is now available.
The promulgation date: December 28, 2009
The effective date: April 01, 2010
Some newly added items are as follows. These are just examples in dual-use items in Wassenaar. (ECCN is for reference purpose to better understand for foreigner. Japanese export control list have totally different numbering scheme.)
The schedule of the implementation is now available.
The promulgation date: December 28, 2009
The effective date: April 01, 2010
Some newly added items are as follows. These are just examples in dual-use items in Wassenaar. (ECCN is for reference purpose to better understand for foreigner. Japanese export control list have totally different numbering scheme.)
- 3A001.h 輸出貿易管理令別表1、7項
Electronic components (Solid-state power semiconductor switches,diodes, or ‘modules’ having certain technical parameter.) - 5A002.a.7 輸出貿易管理令別表1、9項
”Information security” systems,equipment and components (Non-cryptographic information and communications technology (ICT) security systems and devices evaluated to an assurance level exceeding class EAL-6 (evaluation assurance level) of the Common Criteria (CC) or equivalent) - 6A001.c 輸出貿易管理令別表1、10項
Acoustic systems, equipment and components (Diver deterrent acoustic systems specially designed or modified to disrupt divers and having a sound pressure level equal to or exceeding 190dB (reference 1 :Pa at 1 m) at frequencies of200Hz and below.) - 5E001.d 外国為替令別表、9項
“Technology” according to the General Technology Note for the “development” or“production” of Microwave Monolithic Integrated Circuit (MMIC) power amplifiers specially designed for telecommunications and having certain technical parameters.
Normally in practice, METI conduct public seminar and distribute guidance book before the implementation day so that the industries can understand and prepare the list change. Probably, it will be in February or March next year.
(Source: http://www.meti.go.jp/press/20091222002/20091222002.html )
2009年12月23日水曜日
Singapore, EU Start Talks on FTA
Singapore and the European Union (EU) have agreed to start negotiations on a free trade agreement (FTA), according to the Nikkei news paper on December 23.
An FTA with the EU will be a key addition to Singapore's network of free trade agreements, as the EU is Singapore's largest trading partner. Singapore already have bilateral FTA with US and Japan, and one of the states in AFTA. EU and Asean started FTA negotiation in 2007, but currently the negotiation is in stuck. Among Asean countries, Singapore is the first country to negotiate bilateral FTA with EU. Because Singapore have little agricultural industry, which is always sensitive area in FTA negotiation, the bilateral negotiation would be relatively easy for both parties.
During the first eleven months of 2009, Singapore's total trade with the EU stood at S$78.6 billion, accounting for 11.6 percent of Singapore's total trade. The EU is also the island nation's largest investor.
An FTA with the EU will be a key addition to Singapore's network of free trade agreements, as the EU is Singapore's largest trading partner. Singapore already have bilateral FTA with US and Japan, and one of the states in AFTA. EU and Asean started FTA negotiation in 2007, but currently the negotiation is in stuck. Among Asean countries, Singapore is the first country to negotiate bilateral FTA with EU. Because Singapore have little agricultural industry, which is always sensitive area in FTA negotiation, the bilateral negotiation would be relatively easy for both parties.
During the first eleven months of 2009, Singapore's total trade with the EU stood at S$78.6 billion, accounting for 11.6 percent of Singapore's total trade. The EU is also the island nation's largest investor.
2009年12月21日月曜日
President Obama Announces More Key Administration Posts
Below is the copy from press release in White House web site on December 17, 2009.
On December 17, 2009, President Barack Obama announced his intent to nominate Mr. Kevin Wolf to key administration post as Assistant Secretary of Commerce (Export Administration), Department of Commerce.
President Obama said, “It gives me great confidence that such dedicated and skilled individual have decided to join my administration as we work to address the many challenges American families are facing. I look forward to working with them in the coming months and years.”
Mr. Kevin Wolf is a partner in the Washington, D.C. office of Bryan Cave LLP. Since joining the firm in 1993, his practice has covered most aspects of the law and policy of international trade, but has focused on the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), sanctions administered by the Office of Foreign Assets Control (OFAC), the antiboycott regulations, the Foreign Corrupt Practices Act (FCPA), and multilateral trade controls.
Congratulation, Kevin-san for excellent new position!
(Source: http://www.whitehouse.gov/the-press-office/president-obama-announces-more-key-administration-posts-121709-0 )
On December 17, 2009, President Barack Obama announced his intent to nominate Mr. Kevin Wolf to key administration post as Assistant Secretary of Commerce (Export Administration), Department of Commerce.
President Obama said, “It gives me great confidence that such dedicated and skilled individual have decided to join my administration as we work to address the many challenges American families are facing. I look forward to working with them in the coming months and years.”
Mr. Kevin Wolf is a partner in the Washington, D.C. office of Bryan Cave LLP. Since joining the firm in 1993, his practice has covered most aspects of the law and policy of international trade, but has focused on the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), sanctions administered by the Office of Foreign Assets Control (OFAC), the antiboycott regulations, the Foreign Corrupt Practices Act (FCPA), and multilateral trade controls.
Congratulation, Kevin-san for excellent new position!
(Source: http://www.whitehouse.gov/the-press-office/president-obama-announces-more-key-administration-posts-121709-0 )
2009年12月10日木曜日
Wassenaar updated 2009 list available
Wassenaar Arrangement ("WA"), international regime of dual-use items, announce new updated export control list normally in December every year. Now in this year, it is available on WA web site.
http://www.wassenaar.org/controllists/index.html
WA list by itself don't have legal binding effect to traders. Each member country need to put it into the domestic law. While many countries are now midst of preparing implementation of last year's WA list 2008, it is good to know "next year's" export control list.
Below are some significant change in IT commodities.
Category 4 - Computers:
4A003.b: "Digital computers" having an 'Adjusted Peak Performance' ('APP') exceeding 1.5 Weighted TeraFLOPS (WT). Current parameter is 0.75WT. With the advance of processor technology, the control parameter is relaxed.
4D001.b.1: "Digital computers" having an 'Adjusted Peak Performance' ('APP') exceeding 0.25 Weighted TeraFLOPS (WT). Current parameter (WA 2008) is 0.1WT. With the advance of processor technology, the control parameter is relaxed.
Category 5, Part 2 - Information Security:
A new Note 4 (exemption note) is added in encryption control. This will significantly increase uncontrolled items in encryption items. This exemption note looks similar concept to "Ancillary encryption" which US EAR currently adopt in ENC exemption. Below is the copy of Note 4.
==== Quote from WA 2009 list Category 5 Part 2 ====
Category 5–Part 2 does not apply to items incorporating or using "cryptography" and meeting all of the following:
a. The primary function or set of functions is not any of the following:
1. "Information security";
2. A computer, including operating systems, parts and components therefor;
3. Sending, receiving or storing information (except in support of entertainment, mass commercial broadcasts, digital rights management or medical records management); or
4. Networking (includes operation, administration, management and provisioning);
b. The cryptographic functionality is limited to supporting their primary function or set of functions; and
c. When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority in the exporter’s country in order to ascertain compliance with conditions described in paragraphs a. and b. above.
==== end of Quote ===
Interpretation of the exemption note always cause discussion. But this exemption note will certainly decontrol many of encryption items.
http://www.wassenaar.org/controllists/index.html
WA list by itself don't have legal binding effect to traders. Each member country need to put it into the domestic law. While many countries are now midst of preparing implementation of last year's WA list 2008, it is good to know "next year's" export control list.
Below are some significant change in IT commodities.
Category 4 - Computers:
4A003.b: "Digital computers" having an 'Adjusted Peak Performance' ('APP') exceeding 1.5 Weighted TeraFLOPS (WT). Current parameter is 0.75WT. With the advance of processor technology, the control parameter is relaxed.
4D001.b.1: "Digital computers" having an 'Adjusted Peak Performance' ('APP') exceeding 0.25 Weighted TeraFLOPS (WT). Current parameter (WA 2008) is 0.1WT. With the advance of processor technology, the control parameter is relaxed.
Category 5, Part 2 - Information Security:
A new Note 4 (exemption note) is added in encryption control. This will significantly increase uncontrolled items in encryption items. This exemption note looks similar concept to "Ancillary encryption" which US EAR currently adopt in ENC exemption. Below is the copy of Note 4.
==== Quote from WA 2009 list Category 5 Part 2 ====
Category 5–Part 2 does not apply to items incorporating or using "cryptography" and meeting all of the following:
a. The primary function or set of functions is not any of the following:
1. "Information security";
2. A computer, including operating systems, parts and components therefor;
3. Sending, receiving or storing information (except in support of entertainment, mass commercial broadcasts, digital rights management or medical records management); or
4. Networking (includes operation, administration, management and provisioning);
b. The cryptographic functionality is limited to supporting their primary function or set of functions; and
c. When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority in the exporter’s country in order to ascertain compliance with conditions described in paragraphs a. and b. above.
==== end of Quote ===
Interpretation of the exemption note always cause discussion. But this exemption note will certainly decontrol many of encryption items.
2009年12月9日水曜日
Japan export control list update Wassenaar 2008
On December 9, 2009, Japanese Ministry of Economy, Trade and Industry ("METI") posted the planned update list of export control list to seek public comment. This list update reflect the Wassenaar Arrangement as of December 2008.
The list change is broad range of goods/technologies, including most of Wassenaar Categories 1 - 9. All member states of Wassenaar Arrangement will reflect this list change. For example, Hong Kong already announced the list update in November. US will announce EAR update as of December 11 in Federal Register.
For computer industry guy, the following changes may be interested in. This is just a part of many changes. (Please be noted below is my translation to equivalent ECCN and language. Japanese category number is totally different from Wassenaar style numbering, and no English translation of the control list is provided.)
(Source: http://search.e-gov.go.jp/servlet/Public?CLASSNAME=Pcm1010&BID=595109088&OBJ )
The list change is broad range of goods/technologies, including most of Wassenaar Categories 1 - 9. All member states of Wassenaar Arrangement will reflect this list change. For example, Hong Kong already announced the list update in November. US will announce EAR update as of December 11 in Federal Register.
For computer industry guy, the following changes may be interested in. This is just a part of many changes. (Please be noted below is my translation to equivalent ECCN and language. Japanese category number is totally different from Wassenaar style numbering, and no English translation of the control list is provided.)
- 4D001.b.1/4E001.b.1 “Software” and “Technology” specially designed or modified for the “development” or “production” of “Digital computers” having an ”Adjusted Peak Performance” (“APP”) exceeding 0.04 Weighted TeraFLOPS (WT), à relaxation of control to 0.1APP
- 5A002. the relaxation of control over certain wireless personal area network equipment devices with published or commercial cryptographic standard (including certain wireless routers and wireless printers, etc.) Following exemptions notes are added.
(h) Equipment specially designed for the servicing of portable or mobile radiotelephones and similar client wireless devices that meet all the provisions of the Cryptography Note (Note 3 in Category 5, Part 2), where the servicing equipment meets all of the following:
1. The cryptographic functionality of the servicing equipment cannot easily be changed by the user of the equipment;
2. The servicing equipment is designed for installation without further substantial support by the supplier; and
3. The servicing equipment cannot change the cryptographic functionality of the device being serviced;
(i) Wireless "personal area network" equipment that implement only published or commercial cryptographic standards and where the cryptographic capability is limited to a nominal operating range not exceeding 30 metres according to the manufacturer’s specifications.
(Source: http://search.e-gov.go.jp/servlet/Public?CLASSNAME=Pcm1010&BID=595109088&OBJ )
2009年12月2日水曜日
Trader arrested in export violation to North Korea
According to the various newspaper sources on Dec 01, 2009, traders in Hyogo prefecture who run small trading company were arrested in violation of Foreign Exchange and Foreign Trade Law ("FEFTL") to illegally export household items to North Korea.
They exported household items such as clothes via Dalian in China, but the final destination is suspected as Korea Paekho 7 Trading (朝鮮白虎7貿易会社) or Shinfung Trading (新興トレーディング), which are listed as WMD proliferation concerned party of METI.
In Japan, substantially all export (not only WMD stuff) to North Korea is prohibited for trade sanction. All export to North Korea is required to obtain approval of METI based on FEFTL Article 48, paragraph 3. This implies, however, no approval is granted in application due to government policy.
Household items are not restricted in export in Wassenaar Arrangement or any other international regimes. The export license for Wassenaar control or WMD related goods are based on FEFTL Article 48, paragraph 1. Therefore, the export of household items to North Korea is restricted in different provision of FEFTL.
The penalty of the violation of Article 48 paragraph 3 is imprisonment with work for not more than five years or a fine of not more than five million yen, or both. (When five times the price of the goods of the violation exceeds five million yen, a fine shall be not more than five times the price.) The penalty of FEFTL was actually enhanced since Nov. 01 this year. The previous penalty of violation of Article 38 paragraph 3 was three years imprisonment or a fine of not more than one million yen, or both. These arrested traders will be imposed severer penalty than before.
They exported household items such as clothes via Dalian in China, but the final destination is suspected as Korea Paekho 7 Trading (朝鮮白虎7貿易会社) or Shinfung Trading (新興トレーディング), which are listed as WMD proliferation concerned party of METI.
In Japan, substantially all export (not only WMD stuff) to North Korea is prohibited for trade sanction. All export to North Korea is required to obtain approval of METI based on FEFTL Article 48, paragraph 3. This implies, however, no approval is granted in application due to government policy.
Household items are not restricted in export in Wassenaar Arrangement or any other international regimes. The export license for Wassenaar control or WMD related goods are based on FEFTL Article 48, paragraph 1. Therefore, the export of household items to North Korea is restricted in different provision of FEFTL.
The penalty of the violation of Article 48 paragraph 3 is imprisonment with work for not more than five years or a fine of not more than five million yen, or both. (When five times the price of the goods of the violation exceeds five million yen, a fine shall be not more than five times the price.) The penalty of FEFTL was actually enhanced since Nov. 01 this year. The previous penalty of violation of Article 38 paragraph 3 was three years imprisonment or a fine of not more than one million yen, or both. These arrested traders will be imposed severer penalty than before.
2009年12月1日火曜日
Cambodia join AJCEP on Dec 01, 2009
On October 30 (Fri), 2009, Cambodia 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 ASEAN ("AJCEP").
With this notification, the Agreement will enter into force on December 1 (Tue), 2009 in relation to Cambodia.
This Agreement has already entered into force among Japan, Singapore, Laos, Viet Nam, Myanmar, Brunei, Malaysia and Thailand. The remaining countries are only Indonesia and Philippines.
With this notification, the Agreement will enter into force on December 1 (Tue), 2009 in relation to Cambodia.
This Agreement has already entered into force among Japan, Singapore, Laos, Viet Nam, Myanmar, Brunei, Malaysia and Thailand. The remaining countries are only Indonesia and Philippines.
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