
The Decree clearly explains: Strategic commercial goods are weapons of mass destruction, conventional weapons and dual-use goods used to develop, produce or use weapons of mass destruction and conventional weapons.
Dual-use goods are goods that are normally used for civilian purposes but can be used to develop, produce or use weapons of mass destruction or conventional weapons.
Principles of strategic commercial commodity management
The Decree specifically stipulates the principles of management of strategic commercial goods: Strategic commercial goods must comply with the provisions of this Decree and current legal provisions on foreign trade management, commerce, specialized laws, tax laws, customs laws, and other laws.
Traders exporting, temporarily importing for re-export, transferring, transshipping, and transiting dual-use goods specified in Clause 3, Article 7 of this Decree must have a License (except for cases serving national defense and security purposes).
In case there is information suspecting that goods are used to produce or use weapons of mass destruction or the end user of goods is on the List of designated subjects, traders must have a License when exporting, temporarily importing for re-export, transferring, transshipping, or transiting such goods, including in cases where the goods are not on the List of dual-use goods specified in Article 7 of this Decree.
In case of necessity, to implement international commitments or agreements in bilateral agreements, the Ministry of Industry and Trade decides to apply measures to grant licenses for export, temporary import for re-export, transshipment, transshipment, and transit of goods not falling into the above two cases.
Traders exporting, temporarily importing for re-export, transferring, and transiting weapons of mass destruction and conventional weapons must comply with current legal documents on preventing and combating the proliferation of weapons of mass destruction and laws on the management and use of weapons, explosives, and support tools.
Encourage traders to develop and implement an Internal Compliance Program
The Decree clearly states: Traders exporting, temporarily importing for re-export, transshipping, transshipping, and transiting strategic commercial goods are encouraged to develop and implement an Internal Compliance Program.
The internal compliance program includes the following sets of procedures:
a) Commitment to the responsibilities of traders, business owners, departments and employees regarding strategic trade control according to the provisions of law.
b) Procedures for reviewing end users and intended use of goods in transactions.
c) A set of procedures on how traders regularly update legal regulations on strategic trade control.
d) A set of procedures for internal training related to this field.
d) Set of procedures for storing information and documents.
e) Procedures on notification obligations.
Traders who have implemented the Internal Compliance Program for 02 years or more and have been confirmed by the Ministry of Industry and Trade will be considered for issuance of Export, temporary import for re-export, transshipment, transshipment, and transit licenses within the time limit.
Traders must notify the authorities when they discover or suspect that goods are used to produce weapons of mass destruction.
The Decree stipulates that traders exporting, temporarily importing for re-export, transshipping, transshipping, and transiting strategic commercial goods are responsible for:
Comply with regulations on export management, temporary import for re-export, transshipment, transshipment, and transit of strategic commercial goods in this Decree and current legal regulations on foreign trade management, commerce, specialized laws, tax laws, customs, and other laws.
Be responsible for notifying the Ministry of Industry and Trade and the Ministry of National Defense when discovering or suspecting that the items that traders trade in may be used directly or indirectly for the purpose of producing or using weapons of mass destruction.
Responsible for notifying the Ministry of Industry and Trade and the Ministry of National Defense when discovering or suspecting that the recipient or end user of the goods that the trader is trading in is on the List of designated organizations and individuals.
Keep documents and information related to strategic commercial goods, organize work and provide records and documents as required by the licensing authority and relevant agencies when the agency conducts inspections of the implementation of the provisions of this Decree.
Source: https://baodanang.vn/chinh-phu-ban-hanh-nghi-dinh-ve-kiem-soat-thuong-mai-chien-luoc-3305977.html
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