New regulations on importing or re-exporting US

According to a final rule of the Bureau of Industry and Security, exporters or re-exporters export to Hong Kong or re-export anything that is subject to the 'Export Administration Ordinance' and is subject to the 'Commercial' for reasons of national security, missile technology, nuclear non-proliferation or biological and chemical weapons. For items restricted in the Control List, a valid Hong Kong import license must be obtained in advance (or a written statement issued by the Hong Kong government confirming that an import license is not required, or issued in the form of a “license not required” notice ). The exporter or re-exporter must hold the license, and the license must not expire at the time of shipment.

In addition, Hong Kong re-exporters must apply for Hong Kong export before re-exporting any items controlled by the Export Administration Ordinance and restricted for reasons of national security, missile technology, nuclear non-proliferation, or biological and chemical weapons. License (or a written statement issued by the Hong Kong government confirming that no export license is required). If you have a Hong Kong export license, the goods must be shipped within the validity period of the license and comply with the relevant terms.

　　 The U.S. Bureau of Industry and Security stated that the purpose of this rule is to further ensure that even if the goods are re-exported through Hong Kong, they have obtained a formal import permit for their final destination. However, for U.S. and non-U.S. exporters, complying with this rule is a heavy task. Officials of the US Bureau of Industry and Security delivered a speech at the latest meeting of the Bureau’s 'Regulations and Procedures Technical Advisory Committee', saying that this rule has caused a lot of discussion in the affected industries and there are some objections. To this end, the bureau provides the following information in the form of a series of frequently asked questions on its website:

　　Exporters can check on the website of the Strategic Commodities Control System of the Hong Kong Trade and Industry Department to find out whether the relevant items require Hong Kong import or export licenses. However, the list on the website is not a complete list of all related products. Exporters should confirm to the Hong Kong Trade and Industry Department whether items not on the list need to apply for a license.

If the goods are exported to Hong Kong, if an import license is not required, the relevant written statement must be issued by the Hong Kong government, and the declaration issued by the other party to the transaction is not acceptable; the goods are exported to Hong Kong and then re-exported to other places without a Hong Kong export license; Hong Kong import or export licenses only need to be obtained before shipment, not before applying for a license from the U.S. Bureau of Industry and Security; goods that were already in transit in Hong Kong before April 19 are not subject to the requirements of this rule; Items controlled by the 'Export Administration Regulation 99' and items unilaterally controlled by the United States are not within the scope of this rule, but must comply with other requirements of the 'Export Administration Regulations'.

The editor reminds relevant domestic importers that they should actively treat the new regulations of the US Bureau of Industry and Security regarding the export of goods to or through Hong Kong to comply with the new regulations, and have an in-depth understanding to strengthen communication with foreign exporters, especially the cumbersome procedures All links of the company should be ensured to be correct in order to avoid unnecessary economic losses as much as possible.