Licensing Requirement

Application for Export Licence

Applications for export licences for the scheduled chemicals,facilities and equipment related to the manufacture of chemical weapons must be completed on Export Licence Form (Strategic Commodities) [ TID 502( Rev 2015) ] (pdf format). Export licences approved are normally valid for three months and are not transferable.

Export licence applications for chemicals should also be provided with the following information/ documents:

1. the name and full address of the ultimate consignee and/or end-user;


2. the specific end-use of the goods concerned;


3. essential details of the foreign export/re-export/import licences if the shipment is supported by an export/re-export authorization issued by the supplier or originating country/place, and/or import authorization issued by the importing country/place; and


4. supporting documents include -
   1. a copy of the export/re-export authorization issued by the supplying or originating country/place which give explicit approval to export/re-export the products, and/or a copy of an International Import Certificate (IIC) or import authorization issued by the importing or destination country/place, which give explicit approval to import the products. If the foreign licences are issued in languages other than English or Chinese, the applicant should provide a translated version (either in English or Chinese) ;
   
   
   2. original Chemical End-User Undertaking covering chemicals ; OR End-User Statement covering non-chemical goods ; OR original Importer/End-User Statement for imports from the UK;
   
   
   3. data sheet giving full composition, or technical details as appropriate, of the product under application;
   
   
   4. documents in support of the business nature and production situation of the applicant/consignee/end-user.

Certain chemicals controlled under the Import and Export Ordinance are also controlled under the Chemical Weapons Convention (CWC) in three different Schedules (i.e. 1, 2 and 3). In this regard, traders are required to note that in applying for export licences covering chemicals controlled under the CWC, the following conditions, which are laid down in the Convention, must be complied with in addition to the licensing control requirements set out above:

1. Schedule 1 (pdf format) and Schedule 2 (pdf format) chemicals [except for Schedule 2 chemicals which fulfill all conditions stated in (e) below] may only be exported to a CWC State Party and only for purposes permitted by the Convention including, for example, research, medical or pharmaceutical uses;


2. Re-export of Schedule 1 chemicals to a third country is prohibited;


3. Properly completed applications for the export of Schedule 1 chemicals [except Saxitoxin as mentioned in (d) below] must be received by the Trade and Industry Department not less than 45 days before the shipment date;


4. The 45-day time frame set out in (c) above does not apply to export of Saxitoxin (CAS Registry no. 35523-89-8) of quantities of 5 milligrams or less and which is for medical/diagnosis purposes. Traders can submit licence applications under the normal time frame, but they are required to notify the Trade and Industry Department of the details of the actual departure date of such shipments.
   
   In this regard, traders should make an undertaking (pdf format) to notify the Trade and Industry Department of details of the exports within one clear working day after the actual departure date of the shipment concerned. Notification of the details of the exports should include a notification form(pdf format) and copy of documents showing details on the actual exportation of the consignment concerned e.g. bill of lading showing the date of shipment, the consignee, the product description and the quantity; or other relevant documents such as invoice or packing list which contain the above information;


5. Notwithstanding the restriction as set out in (a) above, Schedule 2 chemicals can be exported to States which are not party to the CWC provided that the products concerned:
   1. contain 1% or less of a Schedule 2A or 2A* chemical;
   
   
   2. contain 10% or less of a Schedule 2B chemical; and
   
   
   3. are identified as consumer goods packaged for retail sale for personal use or packaged for individual use;
       
6. Applications to export Schedule 2 [see (e) above] and Schedule 3 chemicals (pdf format) to a country that is not a party to the CWC need to be accompanied by written assurances and end-use information issued by the responsible authorities in the receiving country containing the following:
   1. the types and quantities of chemicals involved;
   
   
   2. their end-use(s);
   
   
   3. the name(s) and address(es) of the end-user(s);
   
   
   4. confirmation that the chemicals will only be used for purposes not prohibited by the CWC; and
   
   
   5. confirmation that the chemicals will not be re-transferred.

   More details on the licensing requirement on chemicals are available in Strategic Trade Controls Circular No. 16/04.