Licensing Requirement

Application for Import Licence

Applications for import licences for the scheduled chemicals, facilities and equipment related to the manufacture of chemical weapons must be completed on Import Licence Form (Strategic Commodities) [ TID 501( Rev 2015) ](pdf format). Import licences approved are normally valid for six months and are not transferable.

Import licence applications for chemicals should 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 licences if the shipment is supported by an export/re-export authorization issued by the supplier or originating 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. 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;
   
   
   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.

      Depending on the circumstances of individual case, the following documents could be required in lieu of a Chemical End-User Undertaking or End-User Statement -

   5. original Importer/End-User Statement for imports from the UK ; or
   
   
   6. original Chemical Trader Undertaking duly completed by a local chemical trader (i.e. a trader who is not an end-user of the chemicals but obtains the chemicals through an importer for resale to other bona fide local end-users).

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 import licences or 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 imported from 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 import 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 import 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 arrival 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 imports within one clear working day after the actual arrival date of the shipment concerned. Notification of the details of the imports should include a notification form(pdf format) and copy of documents showing details on the actual importation 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 imported from 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;
       

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