Introduction & Overview to Strategic Trade Management STM in ASEAN Member States. George Tan 24 th ~ 26 th Jun 2015 Myanmar

Transcription

1 1 Introduction & Overview to Strategic Trade Management STM in ASEAN Member States George Tan 24 th ~ 26 th Jun 2015 Myanmar

2 Overview of STM in ASIA:- ASEAN Focus

3 Overview of Asia STM Regimes Country Membership To Multilateral Regimes Responsible Unit Dual-Use STC Defense & homeland security Legislation Enforcement Legislation Enforcement Thailand None MoC/DFT No No Yes Yes Vietnam None MOIT & Customs (?) No No Yes Yes Philippines None DTI (STMA) No No Yes Yes Indonesia None DFI/DFT/Customs (?) No No Yes Yes Japan All METI Yes Yes Yes Yes Korea All MOITE Yes Yes Yes Yes China NSG MOFCOM Yes Yes Yes Yes HKG None TID Yes Yes Yes Yes Taiwan None MOEA/BOFT Yes Yes Yes Yes Singapore None MTI/Sg Customs Yes Yes Yes Yes Malaysia None MITI Yes Yes Yes Yes India None Directorate General of Foreign Trade Yes Yes Yes Yes Pakistan None MOFA Yes Yes Yes Yes Australia All Defence Export Control Office Yes Yes Yes Yes New Zealand All MOFAT Yes Yes Yes Yes Multilateral Regimes: NSG, MTCR, AG, WA Updated on 20 th May

4 STM in Asia Countries with existing STM regimes Countries which are formulating strategic trade management 4

5 Philippines (STMA) Firearms & Explosives Basic Firearms Law & Republic Act No Atomic Energy Facilities & Materials Republic Act No Drugs Republic Act No Chemicals Republic Act No Dual-Use Goods Submitted to Congress (2009~2011) STM Act has not passed the Congress (2015?) 5

6 Proposed Framework Proposed Act - Strategic Trade Management Act - STMA Proposed Agency Organization (within DTI): Offices Spearheading Passage of Act Strategic Trade Management Authority Strategic Trade Management Board Strategic Trade Management Office Office of the Executive Secretary, Office of the President Law Enforcement & Security Integration Office Anti-Terrorism Council-Program Management Center Presidential Legislative Liaison Office (PLLO) In coordination with various other relevant government agencies 6

7 Philippines Summary Authority Currently, no official governing body for strategic trade management (military and dual use goods) Technical Working Group TWG established since 2007 Proposed a new Strategic Trade Management Authority House under DTI; a Strategic Trade Management Board and Strategic Trade Management Office likely to be implementing authority for export control Control List Basically follow EU list (1) munition list (2) dual use list) (3) Philippines national list (existing list) Licensing Currently no comprehensive licensing structure for strategic items (dual use goods) Existing domestic laws to regulate import and export of certain strategic items (chemicals) HB 4030 filed on 25 Jan 2011 (15 th Congress) Resubmit in 16 th Congress which starts from July 2013 Most likely multi agencies to issue lisence Drafting the Regulation now Penalties Penalties proposed under HB 4030 include imprisonment, fines and loss of export privileges Enforcement No enforcement as strategic trade management (for dual use goods) system is still a work in progress Customs will most likely be the enforcement agency 7

8 Thailand (TDM) Arms & Weapons Arms and Weaponries Control Act 1952 Nuclear Materials Energy for Peace Act 1961 Hazardous Substance Hazardous Substance Act 1992 Thai STM: TMD) Pathogen & Animal Toxin Pathogen and Animal Toxin Act 1982 Radio Equipment Radio Communication Act 1955 Dual-Use Goods Thai Trade Management of Dual-use Items (TDM) by 2016? Not Implemented (no existing law) 8

9 Committee on Dual-use Control Framework Chairman Minister of Commerce Members Ministry of Commerce Ministry of Defence Ministry of Science and Technology Ministry of Foreign Affair Ministry of Agriculture and Cooperatives Office of the National Security Council Ministry of Public Health Ministry of Finance Ministry of Industry Office of the Council of State National Intelligence Agency Responsibilities Administer the policy of export control, transit, transshipment, re-export of Dualuse goods; Administer the control list of Thai Dualuse goods including the principle, methodology and conditions for the consideration of export, transit, transshipment, re-export of Dual-use goods; Appoint of advisory group, sub-committee or working committee for operation as seen appropriate by the Committee Propose relevant person to provide any explanation or opinion or provide other relevant documents 9

10 Sub-committee on Dual-use Control Members Sub-Committee Three Sub-Committees have been established:- 1) One focusing on Laws 2) One focusing on Control List and Licensing 3) New Committee: Focusing on dual use item identification and risk assessment (by 17 technical specialists from academia) Department of Foreign Trade Department of Medical Sciences Department of Industrial Works Customs Department Defence Industry Department Office of Atoms for Peace Department of Agriculture Department of International Trade Promotion Chemicals and Biological Specialist Nuclear Specialist Mechanical and Industrial Specialist Electricals and Electronics Specialist Thai STM: Thai Trade Management of Dual-use Items (TMD) 10

11 Thailand Summary Authority Department of Foreign Trade (Ministry of Commerce - MoC) established Committee and 3 Subcommittee (1) Laws (2) Control List and Licensing (3) Dual-use Items Identification & Risk Assessment MoC (DFT) to perform classification, licensing and industry outreach (with academia specialists) Control List Currently no comprehensive control list for strategic items Likely to adopt EU list for dual-use items Thai existing list Likely to incorporate catch-all provision Licensing Penalties Possible: Single and multiple licensing schemes Possible multiple agencies to issue license The law includes a procedures to standardize all other dept licensing procedures Thai e-trade Management of Dual Use Items e-tmd support system No penalties as strategic trade management system is still a work in progress Enforcement No enforcement as strategic trade management system is still a work in progress Customs will most likely be the enforcing agency 11

12 Indonesia Explosive Materials Presidential Decree 125/1999 & Police Regulation 2/2008 Radioactive & Nuclear Material Customs Law No. 10/1995 Law No. 10/1997 Govt Regulation 29/2008 Chemicals Customs Law No. 10/1995 Law 16 of 1998 Law 9 of 2008 Biological Substances Law No. 7 of 1996 Law No. 8 of 1999 Law No. 36 of 2009 Govt Regulation 69/1999 Dual Use Goods Not implemented (no existing law) 12

13 Signatory Nuclear Joint Convention of the Safety of Spent Fuel Management Safety of Radioactive Waste Management Convention on Nuclear Safety Convention on the Physical Protection of Nuclear Material Submitted Nuclear Safety Report Chemical (yet to fully implement) Chemical Weapons Convention (CWC) Biological (no detail plan) Biological Weapons Convention (BWC) Dual Use Product (no detail plan?) 13

14 Indonesia Summary Authority International Security and Nuclear Proliferation Committee Control List Currently no comprehensive control list for strategic items No control list for dual-use items Domestic laws relating to the control of import/export of certain strategic items Licensing Still a work in progress Penalties No penalties as strategic trade management system is still a work in progress Enforcement No enforcement as strategic trade management system is still a work in progress 14

15 Vietnam Military Goods Decree 12/2006/ND-CP & Decision 80/2006/QD-BQP Nuclear Materials Atomic Energy Law 2008 Chemical Items Decree 100/2005/ND-CP Technology Law on Technology Transfer Civil Cryptography Decree 73/2007/ND-CP Dual-Use Goods Not Implemented 15

16 Current Gaps Dual Use Provision Currently, no definition for dual-use items Catch-All Provision Currently, no specific legislation containing catch all provision for dual-use goods Exporters are not allowed to be engaged in transactions in relation to military goods Export License/Permit No licensing scheme on dual use products 16

17 Vietnam Summary Authority Ministry of Industry and Trade MOIT An inter-ministerial Working Committee was set up a couple of years ago to resolve inter-agencies issues. No discussion on STM Control List Currently no comprehensive control list for strategic items (military and dual use goods) Domestic laws relating to the control of import/export of certain strategic items (encryption products & telecommunication/it equipment) Licensing Non-automatic export licensing, goods controlled under the regulations by the international treaties and agreements Penalties No penalties as strategic trade management system is still a work in progress Enforcement No enforcement as strategic trade management system is still a work in progress Customs will most likely be the enforcing agency 17

18 Summary of STM in ASEAN

19 Other ASEAN Countries Singapore SGCA implemented in 2003 with SGCR and SGCO, full control list (similar to EU list) in 2008 National Authority is Singapore Customs Individual Permit & Bulk Permit ICP is mandatory for Bulk Permit Penalty (1 st conviction S$100,000, subsequent conviction is S$200,000) Voluntary Disclosure Program Malaysia STA 2010 Jun, full implementation in 2011 with regulations (license procedure) and order (control list similar to EU list) Ministry of International Trade and Industry (MITI) Individual Permit, Restricted Permit and Bulk Permit and Multiple Permit ICP is mandatory for Bulk Permit and Multiple Permit Penalty (Corporate RM30 Million and Individual Death or Life Imprisonment) 19

20 Other ASEAN Countries.. Vietnam No export control regime has been established Actively participating international export control conferences, seminars and workshops Indonesia No export control regime has been established Actively participating international export control conferences, seminars and workshops Thailand No export control regime has been established seems already submitted the legislation Actively participating international export control conferences, seminars and workshops Working committee established & looking into permit issuance possibility Philippines STMA already submitted to 16 Congress (reviewing stage) Technical Working Group to draft regulation and procedures 20

21 Other ASEAN Countries.. Cambodia No export control regime has been established Actively participating international export control conferences, seminars and workshops Myanmar No export control regime has been established Started to attend international export control conferences, seminars and workshops Laos No export control regime has been established Occasionally attending international conferences, seminars and workshops Brunei No export control regime has been established Seldom participate in any international export control conferences, seminars and workshops 21

22 Thank You 22

23 Disclaimer This presentation is intended only as a guide and does not constitute advice provided by GTSC nor necessarily represent the official position(s) of any national / governmental bodies or agencies. The pictures and images used in this presentation are downloaded from and and are subject to their terms and conditions. 23

24 Contact George SC Tan Global Trade Security Consulting Pte Ltd GTSC Mobile: