[Usage and End-user 🚢] Regarding the Objective Requirements for WMD Catch-All Controls 💚: Security Export Control Practical Ability Certification Exam (STC Associate) Preparation No. 25
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WMD Catch-All Controls 💣
When Manufacturer X in Japan exports an alloy that falls under Item 16 of Appended Table 1 of the Export Order to Manufacturer Y in the United States, they were informed that the usage is for the manufacture of intercontinental ballistic missiles. In this case, Manufacturer X is required to apply for an export license based on WMD Catch-All Controls.
Answer: ❌
Since the United States is a region listed in Appended Table 3 of the Export Order,
it is not subject to Catch-All Controls 🗽.
There are no legal issues, but a check from the perspective of
risk management is necessary 📝.
Export of Drones (Unmanned Aerial Vehicles)
When Manufacturer X in Japan exports an alloy that falls under Item 16 of Appended Table 1 of the Export Order to Manufacturer Y in China, they were informed that the usage is for the manufacture of a 'drone with a range exceeding 300 kilometers.' In this case, Manufacturer X is required to apply for an export license based on WMD Catch-All Controls.
Answer: ⭕
Drones are considered unmanned aerial vehicles.
Therefore, the manufacture of a 'drone (unmanned aerial vehicle)
with a range exceeding 300 kilometers'
falls under the usage requirements of the
WMD Catch-All Controls, so an export license application is required.
Refer to Article 1 of the Ministerial Ordinance on Development of Nuclear Weapons, etc. 📝
Objective Requirements for WMD Catch-All Controls
The objective requirements for WMD Catch-All Controls are specifically stipulated in the Ministerial Ordinance on Development of Nuclear Weapons, etc. for goods, and in the Public Notice on Development of Nuclear Weapons, etc. for technology.
Answer: ⭕
The objective requirements for WMD Catch-All Controls are
for goods, the 'Ministerial Ordinance specifying cases where export goods are likely to be used for the development, etc. of nuclear weapons, etc.' (
Ministerial Ordinance on Development of Nuclear Weapons, etc.), and for technology, the 'cases where the technology intended to be provided is likely to be used for the development, etc. of nuclear weapons, etc., as specified by the Minister of Economy, Trade and Industry in a public notice pursuant to the provisions of Article 9, Paragraph 2, Item 7(a) of the Ministerial Ordinance on Trade-Related Invisible Trade, etc.' (
Public Notice on Development of Nuclear Weapons, etc.
)
are detailed 📝.
'Objective Requirements'
When there is a risk that the export goods subject to control will be used for the development, etc. of nuclear weapons, etc., specifically, it becomes subject to control when the following matters become clear through 'contracts for export transactions, etc., or documents, drawings, or electromagnetic records obtained by the exporter' or 'notification from the importer, end-user, or their agents.' The same applies to the provision of technology.
① The export goods are used for
the development, etc. of nuclear weapons, etc., or the following acts (Usage Requirements) 1) Development, etc. of nuclear fuel materials, nuclear source materials, or research related to nuclear fusion 2) Development, etc. of nuclear reactors, their parts, or auxiliary equipment, excluding light water reactors for power generation 3) Production of heavy water 4) Processing of nuclear fuel materials, reprocessing of spent nuclear fuel 5) Development/manufacture of chemical substances, development, etc. of microorganisms/toxins, development, etc. of rockets/unmanned aerial vehicles, or research related to space, which are conducted by administrative agencies in charge of military/defense affairs, or which are clearly indicated to be conducted under commission from such persons ② The
end-user
conducts
the development, etc. of nuclear weapons, etc. (End-user Requirements) ③ The end-user has conducted
the development, etc. of nuclear weapons, etc. (End-user Requirements)
✅'Security Export Control' Quick Guide
Please check the above for details 🙇
Usage Requirements and End-user Requirements
The objective requirements for WMD Catch-All Controls include usage requirements that define the usage of goods/technology and end-user requirements that define the end-user.
Answer: ⭕
Usage requirementsare defined for cases where the cargo/technologywill be
used for the development, etc., of weapons of mass destruction, etc.
or there is a risk of such use; please remember that
end-user requirementsare defined for cases where the end-user of the cargo/technology
is conducting
or has conducted the development, etc., of weapons of mass destruction, etc. 💛
Under the WMD catch-all controls, if you learn that the end-user of the cargo you intend to export is conducting or has conducted the development, etc., of weapons of mass destruction, etc., an export license is unconditionally required.
Answer: ❌
Even if you learn that the end-user is conducting or has conducted the development, etc., of weapons of mass destruction, etc. conducting
or has conducted it, if it is
clear from the usage of the cargo and the conditions and manner of the transaction that the cargo will not be used for the development, etc., of nuclear weapons, etc., or for the activities listed in the appended table
, a license is not required 📝
That is all for today's output!
What is the Security Export Control Practical Ability Certification Exam? 🔥
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