[Past Exam Practice💛] Intermediary trade transaction permits have usage requirements for WMD catch-all controls, but no end-user requirements💱: Security Export Control Practical Ability Certification (STC Associate) Preparation No. 112
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58th Past Exam Practice (2)🚢
Trading company X in Tokyo plans to purchase inorganic fibers, which fall under Item 16 of Appended Table 1 of the Export Trade Control Order, from manufacturer Y in China and sell them to manufacturer Z in Pakistan.
The inorganic fibers will be exported directly from manufacturer Y in China to manufacturer Z in Pakistan.
When trading company X investigated manufacturer Z, it was found that they are listed on the Foreign End-User List, but it has been determined that the intended use is for the manufacturing of housings for household air conditioners.
In this case, trading company X does not need to apply for an intermediary trade transaction permit under Article 25, Paragraph 4 of the Foreign Exchange and Foreign Trade Act.
Answer: ⭕
Intermediary trade transaction permits are based on Article 25, Paragraph 4 of the Foreign Exchange and Foreign Trade Act,
and the regulatory requirements are stipulated in
Article 17, Paragraph 3 of the Foreign Exchange Order.
Note that,intermediary trade transaction permits have usage requirements for WMD catch-all controls,
but they do not have end-user requirements.
👀(Article 17, Paragraph 3, Item 2(a) of the Foreign Exchange Order)
Although it has been determined that manufacturer Z in Pakistan is on the Foreign End-User List,
the intended use is for manufacturing air conditioner housings,
so it does not meet the usage requirements for
WMD catch-all controls.
Therefore, an intermediary trade transaction permit is not required.🚢
[Article 17, Paragraph 3 of the Foreign Exchange Order]
3. Transactions concerning the sale, lease, or gift of goods involving the movement of goods between foreign countries as specified by Cabinet Order under Article 25, Paragraph 4 of the Act shall be transactions that fall under any of the following:
i. Transactions concerning the sale, lease, or gift of goods listed in the middle column of Item 1 of Appended Table 1 of the Export Trade Control Order involving the movement of such goods between foreign countries.ii.
Transactions concerning the sale, lease, or gift of goods listed in the middle column of Items 2 through 16 of Appended Table 1 of the Export Trade Control Order involving the movement of such goods between foreign countries(excluding transactions where the shipping area or destination of the goods related to the transaction is an area listed in Appended Table 3 of the same Order), which fall under any of the following:sale, lease, or gifta. Transactions where the goods related to the transaction are nuclear weapons, military chemical or bacteriological agents, or devices for their dispersal, or
rockets or unmanned aerial vehicles capable of transporting them with a range or flight distance of 300 kilometers or more(referred to as "nuclear weapons, etc." in (b) and Article 27, Paragraph 2) and there is a risk they may be used for the development,manufacturing, use, or storage (referred to as "development, etc." in (b))as specified by Ordinance of the Ministry of Economy, Trade and Industry (*Ordinance on Risk of Intermediary Trade).b. Transactions where the goods related to the transaction have been notified by the Minister of Economy, Trade and Industry that an application for permission should be made because there is a risk they may be used for the development, etc. of nuclear weapons, etc.
Compliance Standards Ordinance📝
Article 1, Item 2(c) of the Compliance Standards Ordinance stipulates that "procedures for confirming applicability must be established," so this provision is a voluntary provision. *The bold part is correct.
Answer: ❌
Article 1, Item 1(b) of the Exporter Compliance Standards Ordinance states that
those who conduct exports, etc. as a business have an obligation to provide necessary guidance to employees engaged in export, etc. operations to ensure they are aware of the latest laws and orders based on the law, and to comply with the provisions of related laws and regulations.
.
Article 55 of the Foreign Exchange and Foreign Trade Act💵
The "Exporter Compliance Standards" referred to in Article 55-10, Paragraph 1 of the Foreign Exchange and Foreign Trade Act refers to matters to be complied with under the Foreign Exchange and Foreign Trade Act, etc.
Answer: ❌
Please check the following citation for details.🙇
Conventional Weapons Catch-All Controls
Conventional weapons catch-all controls are implemented based on the agreement of the Wassenaar Arrangement.
Answer: ⭕
As stated in the question.
Conventional weapons catch-all controls are implemented based on the
Wassenaar Arrangement agreement of December 2003.
👍In conventional weapons catch-all controls,
similar to WMD catch-all controls,
exports (provision) to regions in Appended Table 3 of the Export Trade Control Order (Group A) are exempt from regulation.
📝
Permission application for conventional weapons catch-all controls
A permission application for conventional weapons catch-all controls is required if:
1. The goods or technology fall under Item 16 of Appended Table 1 of the Export Trade Control Order or the Appended Table of the Foreign Exchange Order, and
2. The destination (provision site) is outside the regions in Appended Table 3 of the Export Trade Control Order, and one of the following conditions is met, a permission application is required:
I. If the destination (provision site) is a region in Appended Table 3-2 of the Export Trade Control Order (UN arms embargoed countries/regions) ->
If it meets the objective requirements (usage requirements only) or informed requirements of conventional weapons catch-all controls.II. If the destination (provision site) is
other than a region in Appended Table 3-2 of the Export Trade Control Order (UN arms embargoed countries/regions) ->
Only if it meets the informed requirements.
That is all for today's output!
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