Practitioners from Seen security export control the current Part 5
- (Export) (security) (compliance)
This time, let's summarize the correspondence by the catch-all regulation and practical aspects.
The following is an excerpt from the FAQ of METI site.
Q1 at the time of export but did not correspond to the objective requirements, after export, was newly available to export the cargo, the concern information about the consumer.
Do you hit in this case, illegal export.
A1: It is not hit to the illegal export.
Q2: The document was obtained, etc., and "such as a document that can be obtained" also do is included.
A2: it included not. Be sure to check the objective requirements for documents, etc. that are actually available by the time of export.
"We used to ○○ weapons production," "eventually it will be sent to bypass the ○○ country." At the time of contract I think like the customer to be described in the agreement and or not.
Ordering also to have companies very often are carried out using the WEB and system, it is carried out each time a check of the objective requirements to doing what hundred of ordering day temporally non- Is possible.
How do I support but such a case?
In some companies, there was in fact such a thing.
This phone has entered from the relevant authorities. . . . .
"Your product will wish appear to ○○ Ministry We want to know or has been discovered as a component from a ship made of North ○○. What kind of were exported by tracing the route."
We've asked for explanations as actually Demui Is it desirable to any answer?
1, this product has been sold as part of ○○ to domestic customers that A.
It is not supposed to be found abroad.
2, we do not trade with customers who have production of such weapons of mass destruction and conventional weapons.
3, the Company is not involved if or so selfish of its customers our sales target to sell to any customer anywhere in the country.
Corresponding to 1-3 are all will be NG.
Correspondence referred to as "unexpected", "can not have -" will be pointed out deficiencies.
Even if there is pointed out and the report "one-time tsunami of 1000 is not expected", "all the power can not have to stop it."
It has become a serious thing is actually happening even Say What.
It must still keep stretched a preemptive apology.
In this case, as long as it is a skill in the art to which A is sold to the consumer their products, (is not performed exports to state sponsors of terrorism) exporter of limited even in Japan sales destination in agreement with A
Also I think you need that to keep signed a pledge, such as "not performed sales to users who are registered to foreign user list of METI issue".
The Toka keep getting in the document, for example, like this. XXX is the own company.
Statement (sworn statement)
Our company, hardware and technology of xxxxxx, a product of the software, etc., at the time of export and provision,
Foreign Exchange and Foreign Trade Control Law and US export regulations: In accordance with EAR, have been banned in Japan and the United States of relevant laws and regulations
That it is not a transfer or resale, etc., and even state sponsors of terrorism stipulated by the US government (Cuba, Iran,
North Korea, Sudan, and agree not to transfer the military application to Syria) or China.
It confirms that the end user does not use the products and technologies of XXXXX for the following purposes:
I did. Also, XXXX the end user to perform the following acts, or at risk of performing
You agree not to sell the products and technology of.
Design of nuclear weapons and explosive devices, development, manufacturing, or testing, and Ya radioactive special nuclear material
Chemical processing facilities for raw materials, heavy water production, isotope separation of raw material of special nuclear material,
Nuclear facility design in which the fuel manufacturing and safeguards of nuclear reactors, including the plutonium has not been applied,
Construction, manufacturing, and operation of those facilities. Rocket system (ballistic missile, spacecraft launch pad,
And systems, including the sounding rocket); or unmanned air vehicle system (cruise missile,
Unmanned target, remotely piloted vehicle, the design of the system), including unmanned reconnaissance aircraft, production, operation,
Or direct or indirect support of maintenance. Chemical and biological weapons of design, development, manufacturing,
Stockpiling and use.
It will prove that there is no difference in the above-mentioned contents and agree to the above declaration.
Company name address.
Department Name Name: mark or signature
Export control system of its own by exchange of such document in the contract stage, it is not can be the evidence of that be done firmly.
However, even if importance have been calls in Japan in recent years export control, still exists also very reluctant companies that you get such a document from the customer.
Although this is also a true story, export control department of personnel To think exports because it does not sell only to sales to domestic users of "out where we asked to want a sales representative in must be agreed upon with the customer a statement such as the above-mentioned It was totally ignored and irrelevant. "
Without talking to the story heard the sales manager who is also a board member of the export control department that has to ask directly the person in charge, to complain to superiors of the export control department, we have crushed the proposal situation.
Since the supervisor of the export control department to affect their promotion, (ie yes-man) at all without chanting different to the sales department of the opinion that an officer than the maintenance of the management system for the entire company I have crushed the proposal of subordinates It was. Particularly nasty is "Do not talk to the person in charge directly, come turn the hand through the superiors" It is that.
The company is not in the environment, such as say the proposals and opinions to subordinates boss is not limited to this matter, it seems to push the envelope and intimidation was a everyday occurrence. When that habit any problems out in the export "It's the responsibility of the export control department" It seems come to throwing circle and the like. After all, even after a few months the person who was doing the export control it had left the company.
It is impossible the development of internal systems can and still not done standing at the head man of the officer class
Their products in spite of know that have been exported to countries around the world through the domestic sales destination, may their exports because they have not only domestic sales are not a few companies that not only business, such as insist that there is no relationship not.
However, companies are actual products that once were sold in that you can manage Nante or are turning to how the where as long as you do not put any GPS there is little.
Even if you argue that such as "does not deal with such a person is out" that "out is not exported to such a place", knowing that you have been exported to actually concern countries, public office is what the internal structure of the company it is always you'll be asked whether they have. So, it might be pointed out if the system is not well-equipped.
You'll be sure to ask what is happening in-house regime. So, it might be pointed out if the system is not well-equipped.
Although it is not a breakwater, do you think it is such a than not is that there's also a document one is different lot.
Do not believe me, "okay, since not doing only domestic sales" your company?
Talk about the export control is the end this time. Since next time I think I will try to write things related to import and export procedures.