In December 2020, BIS published a regulatory amendment confirming that exports, reexports and transfers (in-country) to Hong Kong are treated as transactions destined for the People’s Republic of China (China) for purposes of the U.S. export control system. Accordingly, items subject to the EAR that require a license for export or reexport to China also require a license when destined to Hong Kong. Hong Kong is now also subject to statutory restrictions that prohibit the issuance of export licenses for certain types of transactions to China, including transactions involving law enforcement equipment and firearms controlled for Crime Control reasons (see Tiananmen Square Sanctions Section 902(a)(4) of the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991, Public Law 101-246). In light of this change, exporters, and re-exporters of regulated items, including electronics and other sensitive goods, should ensure that their licensing obligations have not changed.

In addition to U.S. strategic trade controls, Hong Kong maintains its own strategic trade control system, requiring licenses for the import or export of items commonly found on internationally supported strategic trade control lists, including those adopted by the United States. Hong Kong’s licensing system is administered by the Trade and Industry Department (TID), and applications for licenses in Hong Kong may require evidence that a shipment from the United States has been lawfully made. More information can be found on TID’s website, https://www.stc.tid.gov.hk/eindex.html.

BIS maintains certain recordkeeping requirements for multilaterally controlled items destined to and from Hong Kong. Prior to exporting items controlled on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear nonproliferation (NP column 1), or chemical and biological weapons (CB) reasons, exporters are required to obtain a copy of a Hong Kong import license or a written statement from the Hong Kong government that such a license is not required, which may take the form of website guidance from the Hong Kong Trade and Industry Department (HKTID). The same requirements apply for reexport of U.S.-origin items from Hong Kong. More information on this requirement can be found at: https://www.bis.doc.gov/index.php/policy-guidance/foreign-import-export-license-requirements/hong-kong.

BIS counseling desks

• (202) 482-4811 - Outreach and Educational Services Division (located in Washington, DC – open Monday-Friday, 8:30 am-5:00 pm ET).

• (949) 660-0144 - Western Regional Office (located in Irvine, CA – open Monday-Friday, 8:00 am-5:00 pm PT).

• (408) 998-8806 - Northern California branch (located in San Jose, CA – open Monday-Friday, 8:00 am-5:00 pm PT); or

• E-mail your inquiry to the Export Counseling Division of the Office of Exporter Services at ECDOEXS@bis.doc.gov

BIS Export Control Office Hong Kong

(+852) 2521 1467

ECO.HongKong@trade.gov

Resources

ECO: Hong Kong, China

Areas of responsibility

Export control information

Hong Kong

Japan

Taiwan