Hong Kong Import/Export Licence Controls.
Hong Kong local licences are required when importing or exporting dual-use controlled goods. Hong Kong importers may require evidence of compliance with U.S. export control laws in order to obtain the necessary Hong Kong import or export licence. Transshipment through Hong Kong is considered as an import and export, and transshipment of controlled goods is therefore subject to Hong Kong import and export licences.
The U.S. Export Administration Regulations (EAR) requires any person intending to export or re-export U.S. dual-use controlled goods* to Hong Kong, to obtain a copy of a Hong Kong import licence, or alternatively written confirmation from the Hong Kong authorities that a licence is not required. This must be done prior to shipment from the U.S. or third country of re-export.
Persons failing to comply with U.S. extraterritorial export control laws may be penalised by the U.S. authorities.
*U.S. dual-use controlled goods include any item subject to the EAR and on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear nonproliferation (NP column 1), or chemical and biological weapons (CB) reasons.
Contact AM Skinner Solicitors for expert legal advice in all areas of trade law, including export controls, sanctions, import & customs controls, brexit, anti-bribery, ethics, commercial contracts, supply chain and other domestic and international trade law matters.
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