BIS adds Hong Kong documentation requirements for exports/re-exports

On January, 19, 2017 the Department of Commerce, Bureau of Industry and Security (BIS) published a final rule (82 FR 6216-6218) which will require, in certain cases, that documents be obtained prior to exporting to Hong Kong or re-exporting from Hong Kong (HK).  BIS issued this rule to provide more assurance that items subject to multilateral control regimes, that pass through HK, are appropriately authorized to their final destination. 

Export Administration Regulation (EAR) regulated items, controlled on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear non-proliferation (NP column 1), or chemical and biological weapons (CB) will now be required to obtain, prior to export or re-export, a copy of a Hong Kong import license.  If a license is not required the exporter or re-exporter will be required to obtain a statement from the Hong Kong government that a license is not required.

This rule will be effective on April 19, 2017.

Key Link(s):

• Commerce Control List
• Federal Register Notice: Support Document Requirements With Respect to Hong Kong
• Hong Kong's Trade and Industry Department
• The Australia Group
• The Missile Technology Control Regime
• The Nuclear Suppliers Group
• The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies
• 15 CFR 734.13 - 734.14 (Export and Re-Export) 
• 15 CFR 740 (License Exceptions)
• 15 CFR 748 (Application Classification Advisory and License)
• 15 CFR 762 (Recordkeeping)