As I wrote on this blog on Dec 07, 2011, an export control violation was reported. The company name is Kureha Corporation, and its subsidiary Krefine Co., Ltd.
http://japantradecompliance.blogspot.com/2011/12/export-control-violation-again-in-japan.html
They intentionally made invoice value lower than license exemption value, then exported controlled items (Carbon fiber) to China and Singapore.
On Feb 27, 2012, METI announced and post warning letter to these companies on the web site.
http://www.meti.go.jp/press/2011/02/20120227003/20120227003.pdf
The penalty does not involve any monetary penalty, nor imprisonment of representative directors. It is warning only. METI, however, revoked their General Bulk License, and have them make commitment to improve their internal compliance program in order to avoid further violation.
2012年2月28日火曜日
2012年2月17日金曜日
Mexico join Wassenaar Arrangement
According to Wassenaar Arrangement ("WA") web site, Mexico joined WA effective Jan 25, 2012.
Mexico is 41st participating state of WA.
http://www.wassenaar.org/publicdocuments/2012/Public%20Statement%20on%20Mexico.pdf
Then, the interest of Japanese trader would be whether Mexico is treated as "White Country" or not, which is the country group WMD catch-all screening is exempted.
The answer is No. One of the requirements to be White Country is to be a participating state of ALL four international regimes, NSG, AG, MTCR and WA. Mexico is not participating in NSG, AG, and MTCR.
Mexico is 41st participating state of WA.
http://www.wassenaar.org/publicdocuments/2012/Public%20Statement%20on%20Mexico.pdf
Then, the interest of Japanese trader would be whether Mexico is treated as "White Country" or not, which is the country group WMD catch-all screening is exempted.
The answer is No. One of the requirements to be White Country is to be a participating state of ALL four international regimes, NSG, AG, MTCR and WA. Mexico is not participating in NSG, AG, and MTCR.
2012年2月15日水曜日
Annual update of Japan Customs regulation
Japanese customs regulations, including change of tariff rate, Generalized System of Preferences (GSP) scheme update, introducing customs facilitation system etc, are in most cases implemented annually in April.
I reviewed FY2012 customs regulation proposed changes, which are awaiting the review by Diet at this point of time, and find this year's most useful topic for trader would be "(hard copy) invoice is no longer required in customs declaration".
Currently, Customs Law Article 68 stipulate like as follows, "invoice (called "Shiiresho" in Japanese, imply hard copy) should be submitted in export and import customs declaration unless customs advise otherwise."
Off course, Japan customs have state of the art e-customs declaration system, called as NACCS.
But still, exporter/importer have to submit invoice (hard copy) to customs authority for all declarations based on the Customs Law Article 68.
By amending Article 68, invoice submission is basically no longer required unless customs request, e.g. in more precise review or cargo inspecting case. Trader's obligation is to keep the invoice either electrically or in documents, and if customs request to submit, just do so. Therefore, in normal operation, traders will not be required to submit hard copy invoice in each time of customs declaration.
As for implementation timeline, it is expected from July 2012. As NACCS system's program change is necessary, due to its system work, it cannot be started from April 2012.
I reviewed FY2012 customs regulation proposed changes, which are awaiting the review by Diet at this point of time, and find this year's most useful topic for trader would be "(hard copy) invoice is no longer required in customs declaration".
Currently, Customs Law Article 68 stipulate like as follows, "invoice (called "Shiiresho" in Japanese, imply hard copy) should be submitted in export and import customs declaration unless customs advise otherwise."
Off course, Japan customs have state of the art e-customs declaration system, called as NACCS.
But still, exporter/importer have to submit invoice (hard copy) to customs authority for all declarations based on the Customs Law Article 68.
By amending Article 68, invoice submission is basically no longer required unless customs request, e.g. in more precise review or cargo inspecting case. Trader's obligation is to keep the invoice either electrically or in documents, and if customs request to submit, just do so. Therefore, in normal operation, traders will not be required to submit hard copy invoice in each time of customs declaration.
As for implementation timeline, it is expected from July 2012. As NACCS system's program change is necessary, due to its system work, it cannot be started from April 2012.
2012年2月9日木曜日
The 19th Asia Export Control Seminar - personal note
The 19th Asia Export Control Seminar was held in Tokyo on Feb 7 - 9, 2012.
http://www.simul-conf.com/outreach/2011/asian_ec/index.html
The presentations by many country representatives are impressive and informative. Among of them, below is the personal note and new information for me.
Philippine - According to the presentation, the development of national legislation is ongoing, "Strategic Goods Management Act". Involving the regulation of import, export, re-export, transit and transshipment of strategic goods, technologies, equipment and service. It looks it is still developing stage, I would like to follow.
Japan MOFA - I have thought transit was not well controlled in Japanese export control regulation, only transshipment is in scope of Foreign Exchange and Foreign Trade Law ("FEFTL"). It is true, but I find today the transit of all cargoes "to and from North Korea" is controlled under another law, "Act on Special Measures concerning Cargo Inspections etc. pursuant to UNSC Resolution 1874 etc." The Act was entry into force since July 2010 and covers only "DPRK related items", namely, all arms and related materials, WMD related items, and luxury goods. The enforcement agencies are Japan Coast Guard (JCG) and Japan Customs. Up to now, no actual enforcement case, and training exercise was conducted by JCG.
Pakistan - I have no knowledge about Pakistan export control, but according to their presentation, they have legal framework and control lists based on EU pattern and includes items from NSG, MTCR, and AG. I understand their significant geographical location near Afghanistan and Iran, so activity to prevent proliferation in Pakistan is important.
(Summary report by MOFA: http://www.mofa.go.jp/mofaj/gaiko/fukaku_j/asia_yu_19.html )
http://www.simul-conf.com/outreach/2011/asian_ec/index.html
The presentations by many country representatives are impressive and informative. Among of them, below is the personal note and new information for me.
Philippine - According to the presentation, the development of national legislation is ongoing, "Strategic Goods Management Act". Involving the regulation of import, export, re-export, transit and transshipment of strategic goods, technologies, equipment and service. It looks it is still developing stage, I would like to follow.
Japan MOFA - I have thought transit was not well controlled in Japanese export control regulation, only transshipment is in scope of Foreign Exchange and Foreign Trade Law ("FEFTL"). It is true, but I find today the transit of all cargoes "to and from North Korea" is controlled under another law, "Act on Special Measures concerning Cargo Inspections etc. pursuant to UNSC Resolution 1874 etc." The Act was entry into force since July 2010 and covers only "DPRK related items", namely, all arms and related materials, WMD related items, and luxury goods. The enforcement agencies are Japan Coast Guard (JCG) and Japan Customs. Up to now, no actual enforcement case, and training exercise was conducted by JCG.
Pakistan - I have no knowledge about Pakistan export control, but according to their presentation, they have legal framework and control lists based on EU pattern and includes items from NSG, MTCR, and AG. I understand their significant geographical location near Afghanistan and Iran, so activity to prevent proliferation in Pakistan is important.
(Summary report by MOFA: http://www.mofa.go.jp/mofaj/gaiko/fukaku_j/asia_yu_19.html )
2012年2月1日水曜日
Japan - Peru EPA some points to note in customs
I attended Japan - Peru EPA seminar by Japan Customs today. This EPA will be effective on March 1st, 2012. As the seminar is held by Japan Customs, the topic is mostly in import procedure at Japan port and Certificate of Origin matters.
Some points to note for this EPA with Peru, compared with other EPA Japan have concluded.
- Self-declaration of origin is available for approved exporter.
- In Peru side, the approved exporter is authorized by the Ministry of Foreign Trade and Tourism (El Ministerio de Comercio Exterior y Turismo).
- GSP tariff rate for Peru is no longer available after March 1st, 2012. The exception is the case GSP is lower than EPA preferential rate.
- This EPA have no general origin rule, in other words, all items have PSR (Product Specific Rule).
- In CO form (issued by authorized organization) have "manufacturer name" column in column #2.
- HS code is 2007 version.
- Japan Customs have a list of approved exporters in Peru. However, the list is not disclosed publicly. It is used for Japan Customs to internally check whether the self-declaration of origin is correctly issued by authorized approved exporter.
Some points to note for this EPA with Peru, compared with other EPA Japan have concluded.
- Self-declaration of origin is available for approved exporter.
- In Peru side, the approved exporter is authorized by the Ministry of Foreign Trade and Tourism (El Ministerio de Comercio Exterior y Turismo).
- GSP tariff rate for Peru is no longer available after March 1st, 2012. The exception is the case GSP is lower than EPA preferential rate.
- This EPA have no general origin rule, in other words, all items have PSR (Product Specific Rule).
- In CO form (issued by authorized organization) have "manufacturer name" column in column #2.
- HS code is 2007 version.
- Japan Customs have a list of approved exporters in Peru. However, the list is not disclosed publicly. It is used for Japan Customs to internally check whether the self-declaration of origin is correctly issued by authorized approved exporter.
2012年1月31日火曜日
METI overhaul export license system of Japan
On Jan 28, 2012, METI announced the draft of massive overhaul in export license application procedures for seeking public comment. These are range of notifications and information with license application and supporting documents forms. The due date of public comment is by Feb 26, 2012. Because the change is in notification level by METI, not change of law or ministerial ordinance, it is expected to be officially announced and enforce around March or April 2012.
The draft of notifications are available in below government web site. (Please be noted these are in Japanese only, no English translation is available.)
http://search.e-gov.go.jp/servlet/Public?CLASSNAME=PCMMSTDETAIL&id=595112007&Mode=0
I don't yet look through all documents, but there is significant impact to traders, especially in bulk license system. METI introduce a new type of General Bulk License (or split into two types of General Bulk License). First, in order to get existing type of General Bulk License, as a new application requirement, on-site audit by METI officer will be introduced. Currently, the main requirement is to implement ICP and fill in designated "Check List" form, but from perhaps next fiscal year, ICP implementation will be verified by METI officer by visiting a company before granting bulk license. On the other hand, METI introduce a new type of "simplified" General Bulk License, which is only for export to White Countries, where low risk countries in export compliance such as North America, EU, Australia, New Zealand, and Korea etc. This "simplified" General Bulk License is NOT required to ICP implementation in export operation, and just registration of responsible person is enough by application through online.
This change is considered as relax of control to low risk countries, but at the same time, tighten the control of bulk license to the other countries by introducing on-site audit beforehand.
The draft of notifications are available in below government web site. (Please be noted these are in Japanese only, no English translation is available.)
http://search.e-gov.go.jp/servlet/Public?CLASSNAME=PCMMSTDETAIL&id=595112007&Mode=0
I don't yet look through all documents, but there is significant impact to traders, especially in bulk license system. METI introduce a new type of General Bulk License (or split into two types of General Bulk License). First, in order to get existing type of General Bulk License, as a new application requirement, on-site audit by METI officer will be introduced. Currently, the main requirement is to implement ICP and fill in designated "Check List" form, but from perhaps next fiscal year, ICP implementation will be verified by METI officer by visiting a company before granting bulk license. On the other hand, METI introduce a new type of "simplified" General Bulk License, which is only for export to White Countries, where low risk countries in export compliance such as North America, EU, Australia, New Zealand, and Korea etc. This "simplified" General Bulk License is NOT required to ICP implementation in export operation, and just registration of responsible person is enough by application through online.
This change is considered as relax of control to low risk countries, but at the same time, tighten the control of bulk license to the other countries by introducing on-site audit beforehand.
2012年1月24日火曜日
Japan-Peru EPA enter into force on March 1, 2012
On Jan 24, Ministry of Foreign Affairs of Japan ("MOFA") announced EPA between Peru and Japan will enter into force on March 1, 2012.
http://www.mofa.go.jp/announce/announce/2012/1/0124_01.html
The EPA was signed on May 31, 2011 after seven negotiating sessions since 2009. For Japan, the EPA with Peru is the 13th EPA that Japan has concluded, and the third with the Latin American economies, following Mexico and Chile. In fiscal year 2010, Japan exported US$ 1.1 billion worth of goods to Peru, while importing US$ 2.5 billion worth of goods from Peru. Tariffs on about 99 percent of total trade will be abolished between the two countries within 10 years after implementation of the EPA.
Peru’s import duty on certain industrial items, currently at nine percent for most of items, such as cars, automotive parts, steel products, machinery, and electrical items, will be reduced either progressively or immediately to zero percent in the 10th year.
Japan’s import duties on almost all industrial items will immediately be duty free upon implementation of the EPA. Import duties on some agricultural products will be reduced through a tariff quota system or progressively reduced within 10 years, such as pork, chicken, asparagus, and corn. However, some of Japan’s sensitive agricultural products are excluded from the tariff reduction, such as rice, wheat, and beef.
The noteworthy point of the EPA with Peru is the origin of goods certification system. A self-declared Certificate of Origin (“CO”) method is adopted in Japan-Peru EPA and can be issued by approved exporter, while an ordinary preferential CO issued by designated government authority (in Japan, issued by Japan Chamber of Commerce & Industry) is also available which is the common method in other EPAs Japan have concluded. An exporter who make use of Japan-Peru EPA can choose either method. The self-declaration CO system is expected to help exporters to minimize administrative costs and lead-time in export transactions.
So far, self-declaration CO systems is available only for Japan-Swiss EPA, and will be available in Japan-Mexico EPA shortly by amending existing agreement.
http://www.mofa.go.jp/announce/announce/2012/1/0124_01.html
The EPA was signed on May 31, 2011 after seven negotiating sessions since 2009. For Japan, the EPA with Peru is the 13th EPA that Japan has concluded, and the third with the Latin American economies, following Mexico and Chile. In fiscal year 2010, Japan exported US$ 1.1 billion worth of goods to Peru, while importing US$ 2.5 billion worth of goods from Peru. Tariffs on about 99 percent of total trade will be abolished between the two countries within 10 years after implementation of the EPA.
Peru’s import duty on certain industrial items, currently at nine percent for most of items, such as cars, automotive parts, steel products, machinery, and electrical items, will be reduced either progressively or immediately to zero percent in the 10th year.
Japan’s import duties on almost all industrial items will immediately be duty free upon implementation of the EPA. Import duties on some agricultural products will be reduced through a tariff quota system or progressively reduced within 10 years, such as pork, chicken, asparagus, and corn. However, some of Japan’s sensitive agricultural products are excluded from the tariff reduction, such as rice, wheat, and beef.
The noteworthy point of the EPA with Peru is the origin of goods certification system. A self-declared Certificate of Origin (“CO”) method is adopted in Japan-Peru EPA and can be issued by approved exporter, while an ordinary preferential CO issued by designated government authority (in Japan, issued by Japan Chamber of Commerce & Industry) is also available which is the common method in other EPAs Japan have concluded. An exporter who make use of Japan-Peru EPA can choose either method. The self-declaration CO system is expected to help exporters to minimize administrative costs and lead-time in export transactions.
So far, self-declaration CO systems is available only for Japan-Swiss EPA, and will be available in Japan-Mexico EPA shortly by amending existing agreement.
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