Upload
brianna-baker
View
225
Download
2
Tags:
Embed Size (px)
Citation preview
Singapore CustomsAn Active and Valuable Partner for the Trading Community
Singapore’s Singapore’s Strategic Goods Strategic Goods Control System Control System
The First ASEAN Regional Forum Intersessional Meeting on Nonproliferation and Disarmament 1-3 Jul 2009
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
National National Authority Authority
Registration &Registration &Permit RequirementsPermit Requirements
Catch-Catch-allall
Control listControl list
Legislation Legislation
Singapore CustomsSingapore CustomsAn Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
EnforcementEnforcement
Singapore’s Strategic Goods Singapore’s Strategic Goods Control FrameworkControl Framework
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Why the need to ControlWhy the need to Control
• Security InterestsSecurity Interests– Prevent WMD Prevent WMD
proliferationproliferation– Constrain illicit transfer of Constrain illicit transfer of
WMDWMD
• Economic InterestsEconomic Interests– Competitive advantage for Competitive advantage for
local industrieslocal industries– Access to high-end Access to high-end
technology and equipmenttechnology and equipment
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Inter-Ministry Committee onInter-Ministry Committee onStrategic Goods ControlStrategic Goods Control
Min of Foreign AffairsMin of Foreign Affairs
S’pore S’pore CustomsCustoms
Min of TradeMin of Trade& Industry& Industry
Min of Min of DefenceDefence
Min ofMin ofHome AffairsHome Affairs
Min of Min of TransportTransport
AttorneyAttorneyGeneral’s General’s ChambersChambers
Singapore CustomsAn Active and Valuable Partner for the Trading Community
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
National Authority - SCNational Authority - SC
• Administer export control matters
• Focal point
• Process strategic goods permits
• Register & audit arms brokers
• Enforce SGCA/CWPA/RIEA
• Conduct industry outreach
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Multi – Agency EffortMulti – Agency Effort
Other CAsOther CAs – Technical Support(nuclear, radiation,
chemical, biological)
Other Enforcement Agencies
IMC:MFA, MTI, MHA,
Mindef, MOT,AGC, SC
• Administer export control matters• Process strategic goods permits • Register & audit arms brokers• Focal point• Industry outreach• Enforcement
DTAODTAO – Technical Advice
ICAICA – BorderChecks
SCSC - National Authority:
Administer & Enforce
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Legislative FrameworkLegislative Framework
• Strategic Goods (Control) Act – 1 Jan 2003Strategic Goods (Control) Act – 1 Jan 2003– Comprehensive regulatory requirements - export,
transshipment/transit, brokering, ITT– Control list – Catch-all – “relevant activity”– Greater enforcement powers– International cooperation
• Strategic Goods (Control) Regulations – 7 Jan 2004Strategic Goods (Control) Regulations – 7 Jan 2004– Stipulate the conditions of permit approval, revocation or
suspension– To implement the bulk permits scheme– Stipulate record-keeping requirements– Composition fines
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Control ListControl List• Munitions List• Dual-use List
Controlled Controlled Transactions Transactions
Catch-AllCatch-All
• Export/ Re-export• Transshipment• Transit• Intangible Transfer of Technology• Brokering
• Other goods and technology that are known or suspected to be used in a nuclear, chemical or biological weapons programme, or missiles capable of delivering these weapons
Scope of ControlScope of Control
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Control ListControl List
• In line with export control lists used by the In line with export control lists used by the EU, US, Hong Kong, Australia and othersEU, US, Hong Kong, Australia and others
• Only 2 Sub-Lists: Munitions List and Dual-Only 2 Sub-Lists: Munitions List and Dual-Use ListUse List
• Applies to Applies to all strategic goodsall strategic goods transactionstransactions
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
The Expanded Control ListFor Export, Transhipment & Transit
1 Jan 2008
Expanded Control List - since 1 Expanded Control List - since 1 Jan 08Jan 08
– > 1,000 items> 1,000 items
– Dual-use items including software Dual-use items including software & technology, example:& technology, example:
• high end computershigh end computers
• telecommunication equipmenttelecommunication equipment
• propulsion systempropulsion system
• space vehiclesspace vehicles
• aerospace aircraft parts & aerospace aircraft parts & componentscomponents
• marine & naval equipment, parts & marine & naval equipment, parts & componentscomponents
– Catch-allCatch-all control still applies control still applies
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
The Expanded Control ListFor Export, Transhipment & Transit
1 Jan 2008
Expanded Control List since Expanded Control List since 1 Jan 081 Jan 08
• Control List was based on the 2005 and Control List was based on the 2005 and
2006 version of the WA and the EU, 2006 version of the WA and the EU,
respectively.respectively.
• Control list comprised two parts: Control list comprised two parts:
– Munitions List (ML), adopted from Munitions List (ML), adopted from
the Munitions List of the Wassenaar the Munitions List of the Wassenaar
Arrangement (WA)Arrangement (WA)
– Dual-Use List (DL), adopted from Dual-Use List (DL), adopted from
the EU’s List of Dual-Use Items and the EU’s List of Dual-Use Items and
Technology – from the lists of all 4 Technology – from the lists of all 4
export control regimes.export control regimes.
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Amendments to Control ListAmendments to Control List
• Based on latest WA and EU amendments in Dec 2008; Based on latest WA and EU amendments in Dec 2008;
includes all items under the 4 informal export control includes all items under the 4 informal export control
regimes.regimes.– Mainly editorial changes for consistency and Mainly editorial changes for consistency and
clarification on controlsclarification on controls– Added new definition and acronymAdded new definition and acronym– Removal and addition of new controls since last Removal and addition of new controls since last
update in Jan 2008update in Jan 2008
• W.e.f. W.e.f. 11stst Apr 2009 Apr 2009
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Catch-all ControlsCatch-all Controls
• Other goods & technology that are known or suspected to be used in a nuclear, chemical or biological weapons programme, or missiles capable of delivering these weapons
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Legislative amendments Legislative amendments
• Strategic Goods (Control) (Amendment) Strategic Goods (Control) (Amendment)
Act/Regulations Act/Regulations w.e.f.1 Jan 2008w.e.f.1 Jan 2008
• Strategic Goods (Control) (Brokering) Order Strategic Goods (Control) (Brokering) Order
2007 2007 w.e.f.1 Jan 2008w.e.f.1 Jan 2008
• Strategic Goods (Control) Order 2009 Strategic Goods (Control) Order 2009 w.e.f.1 w.e.f.1
Apr 2009Apr 2009
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Other Related LegislationOther Related Legislation
• Regulation of Imports and Exports Act
• Chemical Weapons (Prohibition) Act
• Biological Agents and Toxins Act
• Environmental Protection Management Act• Radiation Protection Act • Arms and Explosives Act• United Nations Act and UN (Anti-Terrorism
Measures) Regulations
Singapore CustomsAn Active and Valuable Partner for the Trading Community
Enforcement and Penalties
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Multi-pronged Enforcement Multi-pronged Enforcement approachapproach
Targeting & Inspection
ICP & Audits
Inter-agency & International Co-operation
Risk Profiling & Intelligence
Multi-Pronged Approach
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Enforcement Powers
• Power to search conveyances Power to search conveyances and premisesand premises
• Power to access computer Power to access computer informationinformation
• Power to access documents Power to access documents and informationand information
• Power to seizePower to seize
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Enforcement CoordinationEnforcement Coordination
Enforcement Agencies – ICA, PCG, SPF, SCDF
Technical agencies- DSTA/DTAO, DSO, etc.
Port authorities-PSA, JP,
MPA, CAAS
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
PenaltiesPenalties
• CompositionComposition
• De-registrationDe-registration
• Revoke / Suspend permitsRevoke / Suspend permits
• Seizure and forfeiture of goodsSeizure and forfeiture of goods
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Maximum Penalties
Composition
1st Offence - $100,000 / 3 times value of goods1st Offence - $100,000 / 3 times value of goods 2nd & subsequent offence - $200,000 / 4 times the value2nd & subsequent offence - $200,000 / 4 times the value of goodsof goods
1st Offence - 2 years’ jail1st Offence - 2 years’ jail 2nd & subsequent offence - 3 years’ jail2nd & subsequent offence - 3 years’ jail
• Goods that are subject of a suspected offence under the Goods that are subject of a suspected offence under the Act may be seized, pending investigation.Act may be seized, pending investigation.• May be forfeited by court orderMay be forfeited by court order
Minor technical offences may be compounded for up to Minor technical offences may be compounded for up to of $10,000of $10,000
and / or
and / or
Court fines
Imprisonment
Seizure & forfeiture of goods
SG
CA
SG
CS
GC
RR
Singapore CustomsAn Active and Valuable Partner for the Trading Community
Industry Outreach Industry Outreach ProgrammeProgramme
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Industry OutreachIndustry Outreach
News releases
Circulars
Courses
Seminars
Website
Mailing list
Field visits
Task force
Briefings/ Consultations
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
SeminarsSeminars
• United States Export Control Regulations Seminar, Apr 08
• United States-Singapore Seminar on Insight to Strategic Goods Control under International Export Control Regimes, Jul 07
• Japan-Singapore-United States Export Controls Seminar, Jun 07
• Global Trade Controls –Asia Conference, May 06
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
SGC CoursesSGC Courses
For Beginners – For Beginners – Understanding Your Understanding Your Responsibilities and Responsibilities and Obligations Under the Obligations Under the Strategic Goods Control ActStrategic Goods Control Act
Essentials of Internal Essentials of Internal (Export Control) (Export Control) Compliance Programme Compliance Programme
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Mailing Lists
www.customs.gov.sg/stgcwww.customs.gov.sg/stgc
[email protected][email protected]
STGC Helpline: 6337 5996STGC Helpline: 6337 5996
Singapore CustomsAn Active and Valuable Partner for the Trading Community
Other Counter-Other Counter-Proliferation EffortsProliferation Efforts
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Counter-proliferation InitiativesCounter-proliferation Initiatives
• Container Security Initiative (CSI)– Singapore-US CSI implemented
from 17 Mar 2003
• Proliferation Security Initiative (PSI)– Singapore joined PSI core group during
5th PSI Plenary Meeting on 5 Mar 2004
• Radiation Detection Initiative (RDI)– Singapore-US DOE – from 4 Apr 2006
• Secure Trade Partnership (STP) – Launched on 25 May 2007
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Regional CooperationRegional Cooperation
• Co-hosted the Joint Seminar on Man-Portable Air Defence System with the United States and Australia, 7-8 Jun 2007, Singapore
• Co-hosted the ARF Export Licensing Experts Meeting with Canada, 17-18 Nov 2005, Singapore
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Joint Internal CoursesJoint Internal Courses
• Co-hosted the CIT Implementation Workshop with United States EXBS programme, Singapore, 24 Nov 2008
• Co-hosted the Wassenaar Arrangement Briefing with United States EXBS programme, Singapore, 6-7 Aug 2008
• Co-hosted the Advanced Licensing Processing Workshop with United States EXBS programme, Singapore, 13-15 Jan 2009
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Key Challenges
• How to implement an Export Control system without How to implement an Export Control system without affecting tradeaffecting trade
• Limited expertise in controlled itemsLimited expertise in controlled items– Not a nuclear producing countryNot a nuclear producing country– Not a member of 4 export control regimes Not a member of 4 export control regimes
(AG,MTCR, NSG , WA)(AG,MTCR, NSG , WA)
• Small country / limited resources Small country / limited resources rely more on IT rely more on IT for processes & leverage on inter-agency for processes & leverage on inter-agency coordination for technical expertise and equipmentcoordination for technical expertise and equipment
Singapore CustomsSingapore Customs
An Active and Valuable Partner for the Trading CommunityAn Active and Valuable Partner for the Trading Community
Way ForwardWay Forward
• Keep abreast of technological Keep abreast of technological
developments & international practicesdevelopments & international practices
• Enhance international cooperation / seek Enhance international cooperation / seek
technical advice from regime memberstechnical advice from regime members
• Growing emphasis on R&D Growing emphasis on R&D greater need greater need
to protect indigenous technologies in futureto protect indigenous technologies in future
• Critical to maintain the right balanceCritical to maintain the right balance
Singapore CustomsAn Active and Valuable Partner for the Trading Community
Thank You