Inter-agency Cooperation and Coordination Experience of Hong Kong

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1 Inter-agency Cooperation and Coordination Experience of Hong Kong The 20th Asian Export Control Seminar (26-28 February 2013) Mr Bo-kin LO Head of Trade Investigation Bureau Trade Controls Branch Customs and Excise Department, Hong Kong, China

2 Hong Kong Special Administrative Region Administration of Own Strategic Trade Control System since 1950s One Country, Two Systems Separate Customs Territory 2

3 Policy Objectives Prevent Hong Kong from being used as a conduit for proliferation Secure continued access to high technology which is essential to our economic development 3

4 The Four Basics Stringent legislation Comprehensive licensing control Vigorous enforcement Active participation in international cooperation 4

5 Licensing Strategic Trade Control of Hong Kong Enforcement 5

6 Legal Basis of Control Import and Export Ordinance (Chapter 60, Laws of Hong Kong) 6

7 Comprehensive Licensing Control Export Import Transhipment In-transit Pre-shipment and consignment-based comprehensive licensing system 7

8 Comprehensive Licensing System Law-based licensing system: Consignment-based Pre-shipment licensing Carriers legal responsibilities End-use/Catch-all control No undercutting principle 8

9 No Undercutting Principle Not to undercut the control systems of trading partners governments No re-export or transhipment through Hong Kong unless authorized by originating country Guarding against unauthorized diversion 9

10 Vigorous Enforcement System Inspection and Verification Cargo Examination Investigation Intelligence Prosecution 10

11 Extensive Enforcement Powers Power to enter and search premises for enforcement Direction Order to detain the goods pending investigation Mandatory forfeiture Maximum penalty - 7 years imprisonment and unlimited fine 11

12 International / Bilateral Cooperation Updates on Regimes Controls Participation in International Conferences/ Workshops Exchange of Information International / Bilateral Cooperation Meetings/Joint Outreach with Trading Partners Secondment Arrangement 12

13 Updates on Control Regimes Chemical Weapons Convention Missile Technology Control Regime Wassenaar Arrangement Nuclear Suppliers Group Australia Group Schedules to Import and Export (Strategic Commodities) Regulations under Import and Export Ordinance Following the controls of international regimes Regular updating, through legislative amendments, to reflect changes made in regimes 13

14 Participation in International Conferences / Workshops Annual Asian Export Control Seminar in Tokyo Annual International Export Control Conference Ad hoc seminars conference in international export arena 14

15 Joint Outreach/Training Workshops with Trading Partners Co-organized with METI, Japan Hong Kong-Japan Joint Industry Outreach Seminar on Strategic Trade Control Co-organized with DOC, U.S. Hong Kong-U.S. Joint Outreach Seminar on Strategic Trade Control Co-organized with DOE, U.S. Commodity Identification Training Analysis of Strategic Commodity Transfer 15

16 Bilateral Exchange (1) Bilateral meetings with major trading partners (e.g. Japan, UK, U.S. etc.) Information exchange on licensing and enforcement (16 countries including Australia, Japan, UK, U.S. etc.) 16

17 Bilateral Exchange (2) Liaison with local attaché (U.S. BIS attaché ICE attaché in HK) Liaison with overseas authorities and local Consulate General on Trade and Commerce for control updates 17

18 Secondment Exercise An advisory arrangement Expertise sharing: licensing, classification, internal compliance programme, etc Network building with technical experts Since mid-1990s : Australia - Department of Foreign Affairs and Trade Japan - Japan International Cooperation Agency - Ministry of Economy, Trade and Industry UK - Department of Trade and Industry US - Department of Commerce 18

19 Conclusion Hong Kong s Experience A robust strategic trade control system Evolving with the updated trend of control Inter-agency cooperation and coordination is the key for non-regime-member a high standard of control and compliance 19

20 Thank You

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