How to Apply for Import and Export Licences

C-214 ( Supplement )

How to Apply for Import and Export Licences

for Optical Disc Mastering and Replication Equipment

Introduction

According to sections 6C and 6D of the Import and Export Ordinance, Chapter 60, Laws of Hong Kong, no person shall import or export any Optical Disc Mastering and Replication Equipment (ODMRE) except under and in accordance with a licence.

Licence Forms

2. To apply for Import Licence for ODMRE, application should be made on a set of Import Licence Form 3 together with a set of Import Licence Form 3 (Supplement).

3. To apply for Export Licence for ODMRE, application should be made on a set of Export Licence Form 6 together with a set of Export Licence Form 6 (Supplement).

4. The Import and Export Licence Form 3 and 6 can be purchased at $26 and $16 respectively for twenty sets in triplicate at the following government office:-

Trade Department

Trade Department Tower

700 Nathan Road

Kowloon

(Tel. No. 2398 5325)

5. The Import Licence Form 3 (Supplement) and Export Licence Form 6 (Supplement) can be obtained free of charge from the following office:-

Customs and Excise Department

Licence Office

Intellectual Property Investigation Bureau

Room 1035, 10/F, Skyline Tower,

39 Wang Kwong Road,

Kowloon Bay,

Kowloon, Hong Kong.

( Tel : 2851 1625 Fax : 2716 3261 )

Completion of Forms

6. Applicants should complete the Licence Forms in triplicate. In completing the forms, applicants should enter all details in the spaces provided therein. In particular, they should note:-

(a) For Import Licence Form 3 & Form 3 (Supplement)

(i) description of goods must include the brand, model and identification number such as the serial number of the goods;

(ii) if applicant is a company, the licence form must bear the chop of the company; if applicant is an individual, he/she must provide the HKIC No. in the space provided for the company chop;

(iii) arrival details such as the gross tonnage of the importing vessel may be omitted if such information is not yet available at time of lodging the application, but such information must be furnished upon collection of the approved licence;

(iv) the storage place specified in the Form 3 (Supplement) must not be a transit place for temporary storage, such as a container terminal, or an insecure place, such as a floating barge.

(b) For Export Licence Form 6 & Form 6 (Supplement)

(i) description of goods must include the brand, model and identification number such as the serial number of the goods;

(ii) if applicant is a company, the licence form must bear the chop of the company; if applicant is an individual, he/she must provide the HKIC No. in the space provided for the company chop;

(iii) if the exact departure date is not known at time of lodging the application, a time span of 14 days should be stated on the Form;

(iv) the gross tonnage of the exporting vessel, if exported by sea, must be supplied; or the location of the control point, if exported by road, must be clearly stated.

Supporting Documents

7. In applying for an Import Licence, an applicant should attach copies of documents supporting that –

(a) the applicant is a Hong Kong based company or a Hong Kong resident;

(b) the applicant is the legitimate party to handle the consignment under application, i.e., he/she is either the importer, the consignee or a freight forwarding agent appointed to handle the transhipment cargoes under application;

(d) the arrival details are as declared on the licence.

8. In applying for an Export Licence, an applicant should provide copies of document supporting that :–

(a) the applicant is a Hong Kong based company or a Hong Kong resident;

(b) the applicant is the legitimate party to handle the consignment under application, i.e., he/she is either the shipper or a freight forwarding agent appointed to handle the transhipment cargoes under application;

(d) the consignment is destined for the stated country.

9. For the purpose of 7(a) and 8 (a) above, documents such as Letter of Incorporation, Business Registration Certificate or Hong Kong Identity Card are applicable. For supporting other details, documents such as contract between the transacting parties, invoice, ocean bill of lading or airwaybill, shipping order or import authorization of the destination country are applicable.

Submission of Application

10. The completed Licence Forms should be lodged prior to the actual arrival or exportation of the goods to the Licence Office as mentioned in the above paragraph 5 of this document.

11. In submitting the application, applicant will be given a receipt on which a serial number is written. This receipt should be produced when applicant is to collect the approved licence from the Licence Office. Under normal circumstances, the approved licence can be collected in two clear working days after submission of the application.

Direction Order and Release Authorization

12. Pursuant to Section 12 of the Import and Export Ordinance, Chapter 60, officers of the Customs and Excise Department may direct the ODMRE covered by an Import Licence to be stored in a specified place. A Direction Order will be issued to the importer by the Commissioner of Customs & Excise for this purpose. Similarly, a Direction Order will also be issued to any person who subsequently acquires the ODMRE through local purchase. The person to whom a Direction Order has been issued shall apply for a Release Authorization from the Commissioner of Customs & Excise at least 24 hours before any subsequent removal of the ODMRE from the directed storage place for export, dismantlement or any other purpose. The application form for Release Authorization can be obtained free of charge from the office mentioned in paragraph 5 above.

13. The legal responsibility for applying for a Release Authorization rests with the one to whom a Direction Order has been issued. However, in practice, to facilitate the issue of a Direction Order to the new buyer, holder of a Direction Order is advised to entrust the application for Release Authorization to the new buyer. The new buyer shall submit in person the application for Release Authorization in duplicate to the office mentioned in paragraph 5 above. The new buyer shall bring along all necessary identification documents such as his/her Hong Kong Identity Card, Business Registration Certificate and company chop. Whereas the holder of a Direction Order shall ensure that the new buyer is in possession of a Release Authorization properly endorsed by the Customs and Excise Department before releasing the ODMRE to the new buyer.

Return of Approved Licences

14. In case of import, the applicant must hand over the original of the approved Import Licence to the owner of the vessel, aircraft or vehicle on which the ODMRE are imported within seven days after importation of the goods. The owner of the vessel, aircraft or vehicle is required to return to the Trade Department the original copy of the Import Licence together with the relevant manifest within seven days after the receipt of the Import Licence. The address of the Trade Department is mentioned in paragraph 4 above.

15. In case of export, the applicant must hand over the original copy of the Export Licence to the owner of the vessel, aircraft or vehicle on which the ODMRE are to be exported, without which the owner of the carrier is forbidden from accepting the goods for export. The owner of the vessel, aircraft or vehicle is required to return to the Trade Department the original copy of Export Licence together with the relevant manifest within fourteen days after exportation of the goods. The address of the Trade Department is mentioned in paragraph 4 above.

Amendment and Cancellation of Licences

16. Only authorized officers of the Customs and Excise Department may amend the particulars on an approved licence. Unauthorized alteration of a licence is an offence under the Import & Export Ordinance, Chapter 60, Laws of Hong Kong. Request for amendments to approved licences should be submitted with a brief explanation in writing to the original issuing office. Amendments should be minor in nature and reasonable. Any request for material amendments rendering the cargoes in question an entirely different consignment would not be considered. Instead, the unused licence should be cancelled and a fresh licence should be applied for.

17. In case an approved licence is not required to be used, it should be returned together with a brief explanation to the issuing office for cancellation within seven days from the date the licence expires.

Penalties

18. Under sections 6C (1) and 6D (1) of the Import and Export Ordinance, Chapter 60, no person shall import or export any ODMRE except under and in accordance with a licence. Sections 6C (3) and 6D (4) stipulate that any person who contravenes sections 6C (1) and 6D (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000 and to imprisonment for 2 years, and on conviction on indictment, to a fine of $2,000,000 and to imprisonment for 7 years.

19. Any person who contravenes the provisions for a ‘Direction Order’ or ‘Release Authorization’ under Section 12 of the Import and Export Ordinance commits an offence, and is liable on conviction to a fine of $10,000 and to imprisonment for 6 months.

Enquiries

20. For enquiries, please contact the Optical Disc Licence Division of the Customs and Excise Department at telephone 2851 1625.

Optical Disc Licence Division

Intellectual Property Investigation Bureau

Customs and Excise Department

December 2003

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