PERMITS TO EXPORT ALERTS

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1 ISSN X 10 CUSTOMS FACT SHEET» IMPORTANT INFORMATION PERMITS TO EXPORT ALERTS Some goods require approval to export from a government department or agency. This fact sheet outlines the export prohibitions and restrictions that are covered by alerts on CusMod the New Zealand Customs Service s computerised entry processing system. WHAT ELECTRONIC COMPLIANCE CHECKS ARE UNDERTAKEN FOR PERMITS? CusMod includes a provision for entries in the CUSDEC format to be subject to electronic compliance checks to ensure the exporter/customs broker has obtained an approval to export from the appropriate department or agency. Electronic permit compliance checks will be undertaken for approvals issued by:» Kiwifruit Marketing Board» New Zealand Meat Board» Ministry of Health/Office of Radiation Safety» for the Animal Product Act 1999» New Zealand Horticulture Export Authority. The New Zealand Customs Service or the policy agency may audit the use of permits that are subject to the electronic compliance checks. This may include the provision of information on the details declared on the entry for which the permit was presented to Customs. HOW SHOULD APPROVAL NUMBERS BE USED? The approval number(s) for the above organisations must be entered onto the export entry as follows:» Where the approval is for all of the goods covered by the entry, the approval number should be entered in the permit number field of the header to the entry. Up to ten approval numbers may be entered in this section of the entry.» Where the approval does not cover all of the goods on the entry, the approval number should be entered into the appropriate permit number field on the detailed line of the entry. Up to five approval numbers may be entered into each detailed line. The inclusion of the permit number forms a part of the entry and declaration made by the exporter/agent to Customs. The permit number must be used to clear the goods for which it was issued by the policy agency. Misuse of the permit number will be a false declaration and will be treated seriously by the New Zealand Customs Service. WHAT PERMIT DECLARATIONS ARE EXPORTERS/AGENTS REQUIRED TO MAKE ON GOODS SUBJECT TO EXPORT RESTRICTIONS? The New Zealand Customs Service endeavours to ensure that its alerts on CusMod for approvals to export are targeted specifically at goods requiring approval. In a number of instances, CusMod includes the provision for the exporter/agent to declare that the goods are subject to an export restriction. These are for:» Protected New Zealand objects» Controlled drugs» Hazardous wastes» Indigenous timber. Details of the codes that are to be entered into the field are set out overleaf. In instances where an approval to export and so on must be presented to Customs (for example, approval for controlled drugs), the exporter/agent will receive a message after the entry has been accepted with Customs stating that approval to export is required. FURTHER INFORMATION» Fact Sheet 2 United Nations Export and Import Sanctions» Fact Sheet 3 Ozone Layer Protection Act 1996» Fact Sheet 4 Export Prohibitions and Restrictions» Fact Sheet 6 Export Clearance Requirements» Export Permit List. These documents are available on the Customs website or by contacting the Customs National Contact Centre on ( CUSTOMS). Issue date March 2012

2 CUSTOMS FACT SHEET 10 WHAT EXPORT PROHIBITIONS AND RESTRICTIONS ARE COVERED BY ALERTS? Aircraft Animal products Anti personnel mines Cattle, deer, goats, and sheep for slaughter Chemicals Cluster munitions Controlled drugs Ministry of Health Approval is required to export military aircraft and aircraft that have been adapted for military use from the. A copy of the approval to export must be produced to Customs. The Animal Products Act 1999 requires that exporters of animal products (such as meat, fish, and honey), must be registered with the before the products may be exported from New Zealand. A list of animal products that require approval to be exported can be obtained from the Customs website or by contacting the Customs National Call Centre on ( CUSTOMS). Meat For meat classified in the headings 02.02, 02.03, and of the Tariff of New Zealand, enter the following in the permit number field of the export entry: The New Zealand Meat Board registration number (MEL + number). The Animal Products Act code APA followed by the exporter s registration identification. Other products For other animal products, enter the code APA followed by the exporter s registration identification in the permit number field on the export entry. Approval from the is required under the Anti Personnel Mines Prohibition Act 1998 to export anti-personnel mines. Approval from the Director-General of Agriculture and Forestry is required under the Customs Export Prohibition (Livestock for Slaughter) 2010, to export cattle, deer, goats, and sheep for slaughter. Approval from the is required under the Chemical Weapons (Prohibition) Act 1996 to export chemical weapons and a range of chemicals that may be used to manufacture chemical weapons. A list of the chemicals that are covered by the Chemical Weapons (Prohibition) Act and their classification in the Tariff can be obtained from the Customs website or by contacting the Customs National Call Centre on ( CUSTOMS). Chemicals covered by the Act are set out in three schedules: Schedule 1 The permit to export from the should be presented to Customs. Schedules 2 and 3 For chemicals subject to the Chemical Weapons (Prohibition) Act 1996, enter CWA in the prohibited field and the permit number (MFA + permit number) in the permit number field of the entry. For chemicals not subject to the Act, enter NCW in the prohibited field of the entry. This code will override the requirement to obtain approval to import chemicals subject to the Act. Approval from the is required under the Cluster Munitions Prohibition Act 2009 to export cluster munitions. Approval from the Ministry of Health under the Misuse of Drugs Act 1975 is required to export controlled drugs (such as methadone and pethidine). A list of controlled drugs can be obtained from the Customs website or by contacting the Customs National Call Centre on ( CUSTOMS). For non-controlled drugs, enter the code NCD in the prohibited field of the entry. For controlled drugs, enter the code CDS in the prohibited field of the entry and present the Ministry s approval to export to Customs. 2 Permits to Export Alerts

3 Conventional weapons dual-use goods and electronic publications Dairy produce Endangered, threatened, and exploited species Approval from the is required under the Customs Export Prohibition Order 2011 to export (a) Goods, software, and technologies that are listed on the New Zealand Strategic Goods List (NZSGL): Certain conventional weapons and dual-use goods that have or may have military use, such as computers, navigation and marine equipment, firearms, ammunition, military aircraft, and vessels. Dual-use equipment, chemicals, biological agents, and plant pathogens, which may be used to manufacture chemical, nuclear, and biological weapons. Electronic publications ie, software and technologies that have or may have a strategic use in the development, production, or deployment of biological or chemical or nuclear weapons or military goods. (b) Goods, software, and technologies that are subject to the end-use export controls. New Zealand s end-use controls are designed to prevent the export of goods, software or technologies that are not listed in the NZSGL, where the Secretary for Foreign Affairs and Trade has determined that a particular shipment of goods may be used for an undesirable strategic purpose ie, the goods may be for: use in the development, production or deployment of nuclear, biological or chemical weapons and their means of delivery (weapons of mass destruction); or a military end-use, if (and only if) the country of destination is subject to a United Nations Security Council arms embargo; or use as parts or components of military items listed in categories ML1 to ML22 of the NZSGL that have been illegally exported from New Zealand (ie, all types of military weapons, ammunition and equipment including vehicles, aircraft and chemical weapons). There are two controls on the export of dairy products. (a) The Dairy Industry Restructuring Act 2001 This Act provides that only the New Zealand Dairy Board or an approved exporter may export a range of dairy products to the EU, USA, Japan, and the Dominican Republic. To assist the facilitation of the clearance of shipments of dairy products the EU, USA, and Japan that are not covered by the export controls, exporters will be required to make the following electronic declarations on the export entry: For dairy products that are not covered by the export restrictions, enter DPN (Dairy products not subject to export prohibition under schedules 5 and 5A of the Dairy Industry Restructuring Act 2001) in the prohibited field of the export entry. This code will override the alert. For dairy products that are covered by the export restrictions, enter DPQ (Dairy products subject to export prohibition under schedules 5 and 5A of the Dairy Industry Restructuring Act 2001) in the prohibited field of the export entry. Exports to Japan Exporters of prepared edible fats of Tariff item H must declare that the shipment is or is not subject to the export controls. Exports to the EU Exporters must declare that the butter of Tariff subheading , cheddar cheese and cheese for processing of Tariff heading 0406 is or is not subject to the export controls. Exports to the USA Exporters of cheese of Tariff subheading 0406 must declare that the cheese is or is not subject to the export controls. Exports to the Dominican Republic Milk powder of Tariff heading 0402 may only be exported to the Dominican Republic by the New Zealand Dairy Board or an approved exporter. A guide on the dairy products that are subject to the above export controls can be obtained from the Customs website or by contacting the Customs National Call Centre on ( CUSTOMS). (b) Animal Products Act 1999 The Regulations require that exporters of dairy products (unless they are covered by an exemption) must be registered with the before products may be exported from New Zealand. Enter the code APD and approval number in the permit number field of the export entry. Approval from the Department of Conservation is required to export goods covered by the Trade in Endangered Species Act 1989 (such as ivory and parrots). The approval to export should be presented to Customs. Issue date March

4 CUSTOMS FACT SHEET 10 Hazardous chemicals and pesticides that are covered by the Rotterdam Convention Environmental Protection Authority Approval from the Environmental Protection Authority is required under the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 to export Hazardous chemicals and pesticides that are covered by the Rotterdam Convention eg, T, Crocidolite, Lindane. Hazardous waste Environmental Protection Authority Horticultural products New Zealand Horticulture Export Authority Indigenous timber Under the Imports and Exports (Restrictions) Prohibition Order (No. 2) 2004 approval from the Environmental Protection Authority is required to export hazardous wastes that are covered by the Basel Convention. A list of wastes covered by the Convention can be obtained from the Customs website or by contacting the Customs National Call Centre on ( CUSTOMS). For non-hazardous wastes, enter the code NHW in the prohibited field of the entry. For hazardous wastes, enter the code HAW in the prohibited field of the entry. Approval from the New Zealand Horticulture Export Authority is required under the Horticulture Export Authority Act 1987 to export a range of horticultural products (such as apricots, or kiwifruit to Australia). The New Zealand Horticulture Export Authority approval to export number (HOE + approval number) should be entered in the permit number field of the export entry. Approval from the Indigenous Forests Unit of the is required to export New Zealand indigenous timber. In instances where the tariff item only covers indigenous timber (such as Rimu), the alert will ask that the exporter/broker presents the Ministry s approval to export to Customs. In cases where the tariff item covers indigenous and exotic timber, the alerts will ask the exporter/agent to enter the following: For indigenous timber, enter IND in the prohibited field of the entry and present the Ministry s approval to export to Customs. For non indigenous timber, enter NID in the prohibited field of the entry. This code will override the requirement to obtain approval to export indigenous timber. Kiwifruit New Zealand Kiwifruit Marketing Board Approval from the Board is required under the Kiwifruit Export Regulations 1999 to export kiwifruit to all other countries other than Australia. The approval number to export (ZIL + approval number) should be entered in the permit number field of the entry. Approval from the Horticulture Export Authority is required to export kiwifruit to Australia. Meat New Zealand Meat Board Ozone-depleting substances (eg, CFCs) Environmental Protection Authority Persistent Organic Pollutants (POPs) covered by the Stockholm Convention Environmental Protection Authority Pounamu (greenstone) Te Rūnanga o Ngāi Tahu /Mawhera Incorporation Exporters of meat classified in headings 02.02, 02.03, and of the Tariff of New Zealand, must be registered with the New Zealand Meat Board. The registration number (MEL + number) should be entered in the permit number field of the entry. Where required the following should be entered in the other information field: The MPI seal number (MSN + MPI seal number) The New Zealand Meat Board EMPIC number (EMP + number). The Environment Protection Authority s approval under the Ozone Layer Protection Act 1996 is required to export ozone-depleting substances eg, CFCs. The Ministry s approval to export must be presented to Customs. Approval from the Environmental Protection Authority is required under the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 to export persistent organic pollutants that are covered by the Stockholm Convention. Approval is required from the Minister of Customs under the Customs Export Prohibition Order 2011 to export pounamu (greenstone). The restriction does not apply to articles that have been made from pounamu (greenstone), such as jewellery and consignments that are being exported by a single exporter and in which the total weight of pounamu does not exceed five kilograms. 4 Permits to Export Alerts

5 Protected New Zealand objects Ministry of Culture and Heritage Radioactive substances Ministry of Health/Office of Radiation Safety Rough diamonds United Nations sanctions Toothfish United Nations sanctions Approval from the Ministry of Culture and Heritage is required under the Protected Objects Act 1975 to export protected New Zealand objects (such as Māori artefacts, veteran and vintage motor vehicles, traction engines, books, works of art etc), of national importance. (a) For goods classified in Chapter 97 of the Tariff of New Zealand: that are less than 50 years old, enter the code NAT in the prohibited field of the entry. that are 50 years old and over, enter the code ANT in the prohibited field of the export entry. The export entry will be held and the approval to export should then be presented to Customs. (b) Other protected New Zealand objects. Approval from the Office of Radiation Safety is required under the Radiation Protection Act 1965 to export radioactive material. The approval number to export (code ORS + permit number) should be entered in the permit number field of the entry. Rough diamonds may only be exported from New Zealand in accordance with the Kimberley Process Certification Scheme. Exporters must present their Kimberley Process certificate to Customs. The Customs Export Prohibition (Toothfish) Order 2009 prohibits the exportation of toothfish unless it is covered by an appropriately completed Catch Document or Export/Re-Export Document issued by a party to the CCAMLR Convention. Information on these documents is available to Customs on the CCAMLR website. In order that Customs may check that the Catch Document or Export/Re-Export Document has been completed please enter the shipment s document number and export ID number in the goods description field of the export entry. Approval from the is required to export goods subject to United Nations export sanctions. The United Nations export sanctions cover the following countries: Al Qaida and Taliban Arms and related materiels of all types including weapons, ammunition, military vehicles and equipment, paramilitary equipment and parts for all of these goods for exportation to: Usama bin Laden The Taliban A Taliban entity An Al Qaida entity. Cote d Ivoire Arms and military equipment. Democratic People s Republic of Korea (North Korea) Arms, military equipment, and related materials, spare parts for these goods, weapons of mass destruction ballistic-related goods, bunkering supplies, and luxury goods. Democratic Republic of the Congo Arms and military equipment. Eritrea Arms and military equipment Iran (a) Arms and military equipment, bunkering supplies and goods that could contribute to Iran s enrichmentrelated, or reprocessing or heavy water-related activities or to the development of nuclear weapon delivery systems. (b) Entities (persons and companies) exporting goods to Iran (other than personal effects and gifts) must be registered with the. The code IRN and permit number must be entered in the permit number field of the export entry. Iraq Arms and military equipment, etc, and Iraqi cultural property. Lebanon Arms and military equipment. Liberia Arms and military equipment. Libya Arms and military equipment. Sierra Leone Arms and military equipment. Somalia Weapons and military equipment. Sudan Arms and military equipment. Issue date March

6 CUSTOMS FACT SHEET 10 Wine Grape wine made from grapes grown in New Zealand The s (MPI) approval under the Wine Act 2003 is required to export grape wine made from grapes grown in New Zealand for sale. The Ministry s approval to export number (WIN + approval number) should be entered in the permit number field of the entry. In instances where approval to export is not required (such as samples, gifts, or ships stores), the code SAM should be entered in the prohibited field. Fruit wine, vegetable wine, and grape wine made from grapes not grown in New Zealand Exporters of the above wines must be registered with MPI under the Wine Act Registration is not required for these wines for: use in research and development; use as a trade sample; the personal or non-commercial use of the person travelling with the wine; consumption by passengers or crew on ships or aircraft leaving New Zealand. Exporters of the above wines: That must be registered with MPI the code WIF and the MPI registration ID (eg, Z) must be entered in the permit field on the Customs export entry; That are covered by the above exemptions should quote the code SAM in the prohibited field on the Customs export entry. GENERAL This fact sheet only gives a brief explanation of the export prohibitions and restrictions that are covered by ALERTS on CusMod. Further information on these controls may be obtained from your nearest Customs office, or the Customs Call Centre on ( CUSTOMS), feedback@customs.govt.nz, or the government department or agency that is responsible for issuing the approval to export. The New Zealand Customs Service or the government department or agency may audit the use of permits and declarations that are subject to the electronic compliance checks. This may include the provision of information on the details declared on the entry for which the permit was presented to Customs. It should also be remembered that the inclusion of the permit number and declaration forms a part of the entry and declaration made by the exporter/agent to Customs. Misuse of the permit number and declaration will be a false declaration and will be treated seriously by Customs. FOR FURTHER INFORMATION Contact your nearest office of the New Zealand Customs Service, visit the Customs website or call Customs on ( CUSTOMS). 6 Permits to Export Alerts

7 Issue date March

8 CUSTOMS FACT SHEET 10 Office of the Comptroller of Customs, PO Box 2218, Wellington Phone: » Fax: » ISSN X 8 Permits to Export Alerts

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