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Singapore Customs An Active and Valuable Partner for the Trading Community Singapores Strategic Goods Control System The First ASEAN Regional Forum Intersessional.

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Presentation on theme: "Singapore Customs An Active and Valuable Partner for the Trading Community Singapores Strategic Goods Control System The First ASEAN Regional Forum Intersessional."— Presentation transcript:

1 Singapore Customs An Active and Valuable Partner for the Trading Community Singapores Strategic Goods Control System The First ASEAN Regional Forum Intersessional Meeting on Nonproliferation and Disarmament 1-3 Jul 2009

2 Singapore Customs An Active and Valuable Partner for the Trading Community Singapore Customs An Active and Valuable Partner for the Trading Community Enforcement Singapores Strategic Goods Control Framework

3 Singapore Customs An Active and Valuable Partner for the Trading Community Why the need to Control Security InterestsSecurity Interests –Prevent WMD proliferation –Constrain illicit transfer of WMD Economic InterestsEconomic Interests –Competitive advantage for local industries –Access to high-end technology and equipment

4 Singapore Customs An Active and Valuable Partner for the Trading Community Inter-Ministry Committee on Strategic Goods Control Singapore Customs An Active and Valuable Partner for the Trading Community

5 Singapore Customs An Active and Valuable Partner for the Trading Community National Authority - SC Administer export control matters Focal point Process strategic goods permits Register & audit arms brokers Enforce SGCA/CWPA/RIEA Conduct industry outreach

6 Singapore Customs An Active and Valuable Partner for the Trading Community Multi – Agency Effort Other CAs Other 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 DTAO DTAO – Technical Advice ICA ICA – Border Checks SC SC - National Authority: Administer & Enforce

7 Singapore Customs An Active and Valuable Partner for the Trading Community Legislative 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

8 Singapore Customs An Active and Valuable Partner for the Trading Community Control List Control List Munitions List Dual-use List Controlled Transactions Controlled Transactions Catch-All Catch-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 Control

9 Singapore Customs An Active and Valuable Partner for the Trading Community Control List In line with export control lists used by the EU, US, Hong Kong, Australia and othersIn line with export control lists used by the EU, US, Hong Kong, Australia and others Only 2 Sub-Lists: Munitions List and Dual- Use ListOnly 2 Sub-Lists: Munitions List and Dual- Use List Applies to all strategic goods transactionsApplies to all strategic goods transactions

10 Singapore Customs An Active and Valuable Partner for the Trading Community The Expanded Control List For Export, Transhipment & Transit 1 Jan 2008 Expanded Control List - since 1 Jan 08 –> 1,000 items –Dual-use items including software & technology, example: high end computershigh end computers telecommunication equipmenttelecommunication equipment propulsion systempropulsion system space vehiclesspace vehicles aerospace aircraft parts & componentsaerospace aircraft parts & components marine & naval equipment, parts & componentsmarine & naval equipment, parts & components –Catch-all control still applies

11 Singapore Customs An Active and Valuable Partner for the Trading Community The Expanded Control List For Export, Transhipment & Transit 1 Jan 2008 Expanded Control List since 1 Jan 08 Control List was based on the 2005 and 2006 version of the WA and the EU, respectively.Control List was based on the 2005 and 2006 version of the WA and the EU, respectively. Control list comprised two parts:Control list comprised two parts: –Munitions List (ML), adopted from the Munitions List of the Wassenaar Arrangement (WA) –Dual-Use List (DL), adopted from the EUs List of Dual-Use Items and Technology – from the lists of all 4 export control regimes.

12 Singapore Customs An Active and Valuable Partner for the Trading Community Amendments to Control List Based on latest WA and EU amendments in Dec 2008; includes all items under the 4 informal export control regimes.Based on latest WA and EU amendments in Dec 2008; includes all items under the 4 informal export control regimes. –Mainly editorial changes for consistency and clarification on controls –Added new definition and acronym –Removal and addition of new controls since last update in Jan 2008 W.e.f. 1 st Apr 2009W.e.f. 1 st Apr 2009

13 Singapore Customs An Active and Valuable Partner for the Trading Community Catch-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

14 Singapore Customs An Active and Valuable Partner for the Trading Community Legislative amendments Strategic Goods (Control) (Amendment) Act/Regulations w.e.f.1 Jan 2008Strategic Goods (Control) (Amendment) Act/Regulations w.e.f.1 Jan 2008 Strategic Goods (Control) (Brokering) Order 2007 w.e.f.1 Jan 2008Strategic Goods (Control) (Brokering) Order 2007 w.e.f.1 Jan 2008 Strategic Goods (Control) Order 2009 w.e.f.1 Apr 2009Strategic Goods (Control) Order 2009 w.e.f.1 Apr 2009

15 Singapore Customs An Active and Valuable Partner for the Trading Community Other 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

16 Singapore Customs An Active and Valuable Partner for the Trading Community Enforcement and Penalties

17 Singapore Customs An Active and Valuable Partner for the Trading Community Multi-pronged Enforcement approach Multi-Pronged Approach

18 Singapore Customs An Active and Valuable Partner for the Trading Community Enforcement Powers Power to search conveyances and premisesPower to search conveyances and premises Power to access computer informationPower to access computer information Power to access documents and informationPower to access documents and information Power to seizePower to seize

19 Singapore Customs An Active and Valuable Partner for the Trading Community Enforcement Coordination

20 Singapore Customs An Active and Valuable Partner for the Trading Community Penalties CompositionComposition De-registrationDe-registration Revoke / Suspend permitsRevoke / Suspend permits Seizure and forfeiture of goodsSeizure and forfeiture of goods

21 Singapore Customs An Active and Valuable Partner for the Trading Community Maximum Penalties Composition 1st Offence - $100,000 / 3 times value of goods 1st Offence - $100,000 / 3 times value of goods 2nd & subsequent offence - $200,000 / 4 times the value 2nd & subsequent offence - $200,000 / 4 times the value of goods of goods 1st Offence - 2 years jail 1st Offence - 2 years jail 2nd & subsequent offence - 3 years jail 2nd & 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. May be forfeited by court order May be forfeited by court order Minor technical offences may be compounded for up to of $10,000 of $10,000 and / or Court fines Imprisonment Seizure & forfeiture of goods SGCA SGCR

22 Singapore Customs An Active and Valuable Partner for the Trading Community Industry Outreach Programme

23 Singapore Customs An Active and Valuable Partner for the Trading Community Industry Outreach News releases Circulars Courses Seminars Website Mailing list Field visits Task force Briefings/ Consultations

24 Singapore Customs An Active and Valuable Partner for the Trading Community Seminars 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

25 Singapore Customs An Active and Valuable Partner for the Trading Community SGC Courses For Beginners – Understanding Your Responsibilities and Obligations Under the Strategic Goods Control Act Essentials of Internal (Export Control) Compliance Programme

26 Singapore Customs An Active and Valuable Partner for the Trading Community Mailing Lists www.customs.gov.sg/stgccustoms_stgc@customs.gov.sg STGC Helpline: 6337 5996

27 Singapore Customs An Active and Valuable Partner for the Trading Community Other Counter- Proliferation Efforts

28 Singapore Customs An Active and Valuable Partner for the Trading Community Counter-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

29 Singapore Customs An Active and Valuable Partner for the Trading Community Regional 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

30 Singapore Customs An Active and Valuable Partner for the Trading Community Joint 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

31 Singapore Customs An Active and Valuable Partner for the Trading Community Key Challenges How to implement an Export Control system without affecting tradeHow to implement an Export Control system without affecting trade Limited expertise in controlled itemsLimited expertise in controlled items –Not a nuclear producing country –Not a member of 4 export control regimes (AG,MTCR, NSG, WA) Small country / limited resources rely more on IT for processes & leverage on inter-agency coordination for technical expertise and equipmentSmall country / limited resources rely more on IT for processes & leverage on inter-agency coordination for technical expertise and equipment

32 Singapore Customs An Active and Valuable Partner for the Trading Community Way Forward Keep abreast of technological developments & international practicesKeep abreast of technological developments & international practices Enhance international cooperation / seek technical advice from regime membersEnhance international cooperation / seek technical advice from regime members Growing emphasis on R&D greater need to protect indigenous technologies in futureGrowing emphasis on R&D greater need to protect indigenous technologies in future Critical to maintain the right balanceCritical to maintain the right balance

33 Singapore Customs An Active and Valuable Partner for the Trading Community Thank You


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