Basic information
Outline of the system
The import licensing system for strategic commodities is administered by the Trade and Industry Department. Certain strategic commodities are also subject to other controls administered by other government departments.
Product coverage
Import licences are required for strategic commodities, covering nuclear materials, facilities and equipment, body armours, carbon fibres and prepregs, high speed digital computers, microprocessors made from compound semiconductors, sophisticated communication systems, encryption equipment for information security, night vision image intensifier systems, chemical weapon precursors and manufacturing facilities, certain biological agents, plant pathogens and related manufacturing equipment, and facilities and articles for a use relating to nuclear, chemical or biological weapons.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
The import licensing system is not intended to restrict the quantity or value of imports. Instead, it seeks to prevent the Hong Kong Special Administrative Region (HKSAR) from being used as a conduit for proliferation of weapons of mass destruction and to ensure HKSAR's continuous access to technology and high tech products.
Products under restriction as to the quantity or value of imports
The import licensing system is not intended to restrict the quantity or value of imports. Instead, it seeks to prevent the Hong Kong Special Administrative Region (HKSAR) from being used as a conduit for proliferation of weapons of mass destruction and to ensure HKSAR's continuous access to technology and high tech products.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import licensing system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
The import licensing system applies to goods originating in and coming from all places.
Expected duration of licensing procedure
The import licensing system is an ongoing requirement.
Legal requirements
Is the licensing statutorily required?
The import licensing system is a statutory requirement maintained under the Import and Export Ordinance (Cap. 60) and the Import and Export (Strategic Commodities) Regulations (Cap. 60G).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave designation of products to be subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import licensing system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All firms, institutions and individuals in HKSAR are eligible to apply for import licences except under special circumstances where licensing facilities to them are denied owing to malpractice of the firm/institution/individual or some other special reasons.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Trade and Industry Department
Address
Room 1619, 16/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong
Telephone
(852) 2398 5575
Fax
(852) 2396 3070
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Trade and Industry Department
Documentation requirements
What information is required in applications?
The import licence application form for strategic commodities can be viewed at https://www.stc.tid.gov.hk/english/download/files/il_paper_form.pdf. Catalogues/technical specifications of the products under application have to be lodged with the application for technical assessment purpose.
What documents is the importer required to supply with the application?
As the case warrants, additional supporting documents/information may be required to substantiate the case.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Licence applications should be lodged in advance of importation taking into account the processing time required by the Trade and Industry Department, which is normally 2.5 clear working days for import licence applications covering strategic commodities.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There is no limitation as to the period of the year during which applications for licence may be made.
Issuing the license
Can a licence be granted immediately on request?
Requests for expeditious processing of import licence application will be entertained when there are sufficient justifications.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
For strategic commodities imported without a licence owing to unforeseen circumstances, based on the merit of individual cases, consideration will be given to issuing an import licence retrospectively on an exceptional basis.
Which administrative body is responsible for approving application of licences?
Trade and Industry Department is responsible for the processing and approval of import licence for strategic commodities.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
An import licence concerning strategic commodities is usually issued with the following conditions: "Re-export must be covered by an export licence issued by the Director-General of Trade and Industry" and "The goods covered by this licence are not to be used in relation to nuclear, biological or chemical weapons or missile capable of delivering these weapons".
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No licensing fee or administrative charge is required.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Applications for import of strategic commodities for legitimate use would normally be approved, unless there is doubt on the end-use of the goods or there is suspicion that the items imported may be re-exported illegally. Import licence applications may also be refused in cases where an international trade sanction on the exporting country/ place is in force.
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant has a right to appeal to the Chief Executive of the HKSAR by writing to the Chief Secretary for Administration. The right to appeal to the Chief Executive is statutorily provided.
If so, to what bodies and under what procedures?
The applicant has a right to appeal to the Chief Executive of the HKSAR by writing to the Chief Secretary for Administration. The right to appeal to the Chief Executive is statutorily provided.
Importation
Are there any limitations as to the period of year during which importation may be made?
There is no limitation as to the period of the year during which importation may be made.
What documents are required upon actual importation?
The import licence is the only document required upon actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
An import licence covering strategic commodities is valid for six months from the date of issue. The validity cannot be extended under normal circumstances.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization. Importers should however return an unused licence to the Trade and Industry Department for cancellation.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.