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 )
2010年4月30日金曜日
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.
2010年3月17日水曜日
China Summit on Export Controls Compliance
On April 19 - 21, export control seminar will be held in Beijing. The topic of this seminar is broad in export compliance, US export control, Asia export control, China regulation, encryption control, ICP, training to employees and more! I will be one of the speakers in workshop B on April 19 as Bryan Cave representative, and make presentation mainly for Japanese export control. The registration fee can be discounted by referring my name (because I'm a speaker). If any of the blog reader is interested in this seminar, please let me know.
About the seminar: http://www.americanconference.com/ChinaExport.htm
"After the tremendous success of its export controls conferences in Europe and the United States, ACI and C5 Group are proud to announce the inaugural China Summit on Export Controls Compliance in Beijing. Attendees will benefit from the practical perspective of 21 seasoned corporate export compliance executives from companies such as AMD, Advanced Micro-Fabrication Equipment, Airbus, Dresser, General Electric, General Motors, Huawei, Hydra-Electric, IBM, Invensys, Intel, Microsoft, Norinco, Tektronix, Sun Microsystems, SMIC, Texas Instrument. Get an update on regulatory and policy initiatives from top Government officials and learn how industry is setting up internal controls to comply in this constantly changing global legal landscape. The agenda will include the latest information on
About the seminar: http://www.americanconference.com/ChinaExport.htm
"After the tremendous success of its export controls conferences in Europe and the United States, ACI and C5 Group are proud to announce the inaugural China Summit on Export Controls Compliance in Beijing. Attendees will benefit from the practical perspective of 21 seasoned corporate export compliance executives from companies such as AMD, Advanced Micro-Fabrication Equipment, Airbus, Dresser, General Electric, General Motors, Huawei, Hydra-Electric, IBM, Invensys, Intel, Microsoft, Norinco, Tektronix, Sun Microsystems, SMIC, Texas Instrument. Get an update on regulatory and policy initiatives from top Government officials and learn how industry is setting up internal controls to comply in this constantly changing global legal landscape. The agenda will include the latest information on
- Implementing an internal export controls compliance program for China operations
- How to identify whether your customer is a reliable party
- Minimizing risks when exporting technology to foreign third parties
- Train employees to prevent export violations
- Incorporate Hong Kong, Japan and Singapore export controls requirements into your overall plan
- Using license exception for products which encryption is not core function
Participants will also receive a comprehensive set of written materials prepared by the speakers particularly for this conference. These are invaluable reference materials which you will use again and again long after the conference is over.
Register now to ensure your place at this unique export controls compliance benchmarking event in China. Call 1-888-224-2480 in the US, or 44 7878 6888 in Europe."
2010年3月16日火曜日
Japan implement both Wassenaar 2008 and 2009 lists at once
On April 01, 2010, Japan will update its export control list to reflect recent change of international regimes, such as NSG, AG, MTCR and Wassenaar Arrangement ("WA").
The relevant Ministerial Ordinance and Notifications for stipulating updated export control list was announced on March 05, 2010.
As for WA dual-use items, last list change was October 2009. It was to reflect WA 2007 list.
Now Japan will implement both 2008 and 2009 list at once on April 01, 2010.
This is significant change of list update, as change including 2 years equivalent lists at once is not so usual.
For example, as for 4A003.b, the technical bar level is APP 0.75WT, which reflect WA 2008 list.
"US EAR 4A003.b: “Digital computers” having an “Adjusted Peak Performance” (“APP”) exceeding 0.75 weighted TeraFLOPS (WT);"
In Japan's new list, the equivalent category is APP1.5WT by reflecting WA 2009 list.
Another example is Category 5 - part 2. In WA 2009 list update is to reduce the scope of category 5 part 2 note 4 “ancillary cryptography”. The direct result of this new definition is that lots of cryptography items are no longer controlled by the dual use list of Wassenaar if the primary functions of goods, software or technology is not information security. Typical examples are items for gaming, car accessories, and home electrical goods etc which contain encryption but not sending/receiving encryption via network with outside. Accordingly, Japan will implement this exemption rule of encryption items from April this year by stipulating it into Notification called "Unyo Tsutatsu (for goods)" and "Ekimu Tsutatsu (for software and service)".
In Japanese classification practice, to fill in item's technical specification into Parameter sheet is popular procedure. Many companies will be busy for re-newing new parameter sheet and review its classification in these months.
The relevant Ministerial Ordinance and Notifications for stipulating updated export control list was announced on March 05, 2010.
As for WA dual-use items, last list change was October 2009. It was to reflect WA 2007 list.
Now Japan will implement both 2008 and 2009 list at once on April 01, 2010.
This is significant change of list update, as change including 2 years equivalent lists at once is not so usual.
For example, as for 4A003.b, the technical bar level is APP 0.75WT, which reflect WA 2008 list.
"US EAR 4A003.b: “Digital computers” having an “Adjusted Peak Performance” (“APP”) exceeding 0.75 weighted TeraFLOPS (WT);"
In Japan's new list, the equivalent category is APP1.5WT by reflecting WA 2009 list.
Another example is Category 5 - part 2. In WA 2009 list update is to reduce the scope of category 5 part 2 note 4 “ancillary cryptography”. The direct result of this new definition is that lots of cryptography items are no longer controlled by the dual use list of Wassenaar if the primary functions of goods, software or technology is not information security. Typical examples are items for gaming, car accessories, and home electrical goods etc which contain encryption but not sending/receiving encryption via network with outside. Accordingly, Japan will implement this exemption rule of encryption items from April this year by stipulating it into Notification called "Unyo Tsutatsu (for goods)" and "Ekimu Tsutatsu (for software and service)".
In Japanese classification practice, to fill in item's technical specification into Parameter sheet is popular procedure. Many companies will be busy for re-newing new parameter sheet and review its classification in these months.
2010年3月3日水曜日
EU & Vietnam Agree to Start FTA Talks
According to Nikkei Newspaper today, European Union (“EU”) and Vietnam have agreed to launch bilateral Free Trade Agreement (“FTA”) negotiations.
EU and Vietnamese officials will now work together towards the formal start of negotiations as well as an agreed framework for the talks to reach an FTA.
EU have already started bilateral FTA negotiation with Singapore, as reported in this blog in December 2009. As regional FTA (EU-Asean) is stuck with issues and difference of opinions from various parties, EU looks like making shift to bilateral FTA with each Asean country where possible.
EU and Vietnamese officials will now work together towards the formal start of negotiations as well as an agreed framework for the talks to reach an FTA.
EU have already started bilateral FTA negotiation with Singapore, as reported in this blog in December 2009. As regional FTA (EU-Asean) is stuck with issues and difference of opinions from various parties, EU looks like making shift to bilateral FTA with each Asean country where possible.
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