Strategic Trade Management in ASEAN George Tan
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1 1 Strategic Trade Management in ASEAN George Tan 2 nd ~ 3 rd Sept 2014 Taipei
2 Overview of STM in ASEAN
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 STMA/DTI (?) No No Yes Yes Indonesia None DFI/DFT/Customs (?) No No Yes Yes Japan All METI Yes Yes Yes Yes Korea All MKE 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/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 All MOFAT Yes Yes Yes Yes Multilateral Zealand Regimes: NSG, MTCR, AG, WA Updated on 25 Aug
4 STM in Asia Countries with existing STM regimes Countries which are formulating strategic trade management 4
5 Singapore Arms & Weapons Arms and Explosives Act Hazardous Substance Environmental Protection and Management (Hazardous Substances) Regulations Biological Substance Biological Agents and Toxins Act Chemical Weapons Chemical Weapons (Prohibition) Act Radioactive Materials Radiation Protection Act Dual-Use Goods Strategic Goods (Control) Act 5
6 6 National Authority Designates Singapore Customs as National Authority for SGCA Coordinates with Defence Science and Technology Agency Singapore Police Force Immigration and Checkpoints Authority Singapore Customs Enforces the SGCA and its regulations Focal point for enquiries Strategic Goods permit applications Registers /audits arms brokers Industry outreach and public awareness programmes Fine not exceeding $100,000 or 3 times the value of the goods or technology, whichever is the greater ; or an imprisonment term not exceeding 2 years, or to both Fine not exceeding $200,000 or 4 times the value of the goods or technology, whichever is the greater ; or an imprisonment term not exceeding 3 years, or to both 7
7 SGCA Development Over Past 10 Years 1. Sub Legislation - Regulations & Orders (control list & brokering) 2. Expanded Full EU Control List in Jan 2008 (from 600 items) Bulk Permit (multiple product & destination) 3. Voluntary Disclosure Program 4. New Strategic Trade Scheme STS to replace ACS Bulk Permit (by product or by end user) 5. Online License Application TradeNet & TradeExchange Individual Permit 6. Integrated Trade Scheme TradeFIRST 7. Advance Export Declaration & New Permit Scheme in
8 Singapore Authority Ministry of Trade and Industry Singapore Customs Control List Military List Dual Use List Adopts EU control list, annually revised in April Licensing Individual Permit per shipment basis Bulk Permit (a) multiple products to same destination or single product to multiple destination (pre-approved) (b) multiple shipments / products / destinations (pre-approved) (Note: Bulk Permit requires full implementation of ICP) Penalties Fines Denial of export privilege Imprisonment Enforcement Stronger enforcement expected Strong corporate self governance expected Transparent VDP 8
9 Malaysia Communications Malaysian Communications and Multimedia Commission Act 1998 Atomic Energy Atomic Energy Licensing Act 1982 Chemicals Chemical Weapons Convention Act 2005 Poison Poison Act 1952 Strategic Goods Strategic Trade Act 2010
10 STA 2010 Overview Scope Key Regulations Organizational Authorities Regulations / Agencies Strategic Trade Act 2010 Ministry of International Trade & Industry (MITI) STA Secretariat Office Malaysian Royal Customs Partner Licensing Agencies Pharmaceutical Services Division (Poisons) Malaysian Communications and Multimedia Commission (Telecommunications and Electronics) Atomic Energy Licensing Board (Nuclear related Items/Materials) Enforcement Agencies Royal Malaysian Customs Royal Malaysia Police Malaysian Maritime Enforcement Agency Malaysian Communications and Multimedia Commission Other officers specified by the Controller 12
11 STA 2010: Legislation Overview Strategic Trade Act (2010) Came into force in 2010 (fully implemented in 2011) Enacted as required under UNSCR 1540 Strategic Trade (Restricted End-Users and Prohibited End- Users) Order 2010 Strategic Trade Regulations 2010 Strategic Trade (Strategic Items) Order 2010 Goods and technology specially designed for military purposes Goods with civil and commercial uses, and can also be used for WMD purposes. 13
12 Recent Updates to STA 2010 Amendments to Strategic Trade Regulation 2010 Additional provision in Regulation 11 to allow applicants to apply bulk and multiple permit for transit New format for Form 5 (End-Use Statement) and Form 6 (Delivery Verification Statement) that are simplified and business friendly To exclude Product Code 5A2 (systems, equipment and components) and 5B2 (test, inspections and production equipment) from the Third Schedule Updated the Control List (based on EU list 2012) English version as official control list 14
13 Malaysia Authority Ministry of International Trade and Industry Royal Malaysian Customs Royal Malaysia Police Malaysian Maritime Enforcement Agency Malaysian Communications and Multimedia Commission Pharmaceutical Services Division (Poisons) Malaysian Communications and Multimedia Commission (Telecommunications and Electronics) Atomic Energy Licensing Board (Nuclear related Items/Materials) Control List Strategic Trade (Strategic Items) Order 2010 (Dual use list is similar to that of EU, military list is similar to that of the WA) Licensing Single-use permit Bulk permit multiple permit for a single country or destination (ICP required) Multiple-use permit multiple permit for different countries or destinations (ICP required) Special permit single-use permit to a restricted end-user Penalties Death penalty or life imprisonment for offence committed with the intent to unlawfully export, tranship or transit of strategic items which are arms or related material without a permit If such offence is committed by a body corporate, a minimum fine of RM30 million shall be imposed Enforcement Full implementation of STA 2010 from 2011 onwards Online licensing application Self-declaration of strategic goods on Customs form Customs validation on Strategic Goods Permit 13
14 Philippines 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 14
15 Proposed Framework Proposed Act - Strategic Trade Management Act Proposed Agency Organization: Strategic Trade Management Authority Strategic Trade Management Board Strategic Trade Management Office Offices Spearheading Passage of Act 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 15
16 Philippines 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 - a Strategic Trade Management Board and Strategic Trade Management Office likely to be implementing authority for export control Control List System as proposed under HB 4030 traders will register with appropriate regulatory agencies who will issue a control list (military and dual use goods) the appropriate license Items not covered under any regulatory agency will be elevated to the Council Most likely to follow EU 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) Most likely will have to resubmit in 16 th Congress which shall starts from July 2013 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 20
17 Thailand Arms & Weapons Arms and Weaponries Control Act 1952 Nuclear Materials Energy for Peace Act 1961 Hazardous Substance (8 categories Hazardous Substance Act 1992 Pathogen & Animal Toxin Pathogen and Animal Toxin Act 1982 Radio Equipment Radio Communication Act 1955 Dual-Use Goods Not Implemented (no existing law) 17
18 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 Dual-use goods; Administer the control list of Thai Dual-use goods including the principle, methodology and conditions for the consideration of export, transit, transshipment, re-export of Dual-use goods; Appoint of advisory group, subcommittee 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 18
19 Sub-committee on Dual-use Control Members Sub-Committee Three Sub-Committees have been established:- One focusing on Laws One focusing on Control List and Licensing New Committee: Focusing on dual use item identification and risk management 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 19
20 Thailand Authority Department of Foreign Trade (Ministry of Commerce) established Committee and 2 Sub-committee (1) Laws (2) Control List and Licensing Existing domestic laws to regulate import and export of certain strategic items Control List Currently no comprehensive control list for strategic items Likely to adopt EU list for dual-use items EU control list posted on web-site Likely to incorporate catch-all provision Licensing Possible: Single and multiple licensing schemes Possible multiple agencies to issue license 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 20
21 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) 21
22 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 Chemical (yet to fully implement) Chemical Weapons Convention (CWC) Biological (?) Biological Weapons Convention (BWC) Dual Use Product (?) 22
23 Indonesia 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 23
24 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
25 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 25
26 Vietnam 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 26
27 Disclaimer This presentation is intended only as a guide and does not constitute advice provided by George Tan 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. 27
28 Thank you George Tan Global Trade Security Consulting Pte. Ltd. Mobile:
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