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Customs & Excise Department Controlled Chemicals Group Senior Inspector TAM Kwok-fai. What are Controlled Chemicals?. What are Controlled Chemicals?. Specified in Schedule 1, 2 and 3 of the Control of Chemicals Ordinance, Cap. 145.
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Customs & Excise DepartmentControlled Chemicals GroupSenior InspectorTAM Kwok-fai
What are Controlled Chemicals?
What are Controlled Chemicals? • Specified in Schedule 1, 2 and 3 of the Control of Chemicals Ordinance, Cap. 145. • Used for the manufacture of narcotic drugs or psychotropic substances.
Example (1) 一帆風順 AA 乙酸酐 Acetic Anhydride (Controlled Chemical) 海洛英 Heroin (Narcotic Drug) What are Controlled Chemicals?
咳水 Cough Medicine 麻 黃 Ephedrine Illicit manufacturers 甲安非他明 (冰毒) Methamphetamine (Ice) Legitimate and Illicit Use
Established on 1 April 1995 • Licensing & enforcement authority for the purpose of the Control of Chemicals Ordinance • Prevent diversion of chemicals to illicit manufacture of narcotic drugs or psychotropic substance The Controlled Chemicals Group
The Legislation The Control of Chemicals Ordinance, Chapter 145 • Come into operation on 1 January 1996 • Different levels of control • 25 chemicals under 3 Schedules
Chemicals Under Control Schedule 1Acetic AnhydrideAcetyl BromideAcetyl Chloride
How can I “legitimately” deal with the 25 Controlled Chemicals? Step 1 Apply a Licence
Licence Supporting Documents for Licence Application - Business Registration Certificate - Director List - Appointment of a Responsible Officer Licence fee is HK$790 issued within 14 days valid for one year
Licence Conditions • Not transferable • Must not be defaced or altered • Loss must be reported to C & E at once • Controlled chemicals must be kept in the specified storage place • Authorization applied for each import or export
How can I “legitimately” deal with the Controlled Chemicals? Step 2 Apply Import/ Export Authorization Authorization
Import / Export Authorization Supporting Documents for Application • Commercial invoices showing the supplier and the ultimate consignee • Related shipping documents/ Airway Bills • Declaration on the ultimate use of the chemical • Document supporting the import into the receiving place is lawful
Import Authorization • Free of charge • Valid for 6 months • Apply 4 days before the importation of the chemical • Customs inspection at the entry point • Carrier/ Cargo Handling Company endorsement on the Import Authorization • The endorsed authorization to be returned to CCG within 7 days after the importation of the chemical
Export Authorization • Free of charge • Valid for 28 days • Apply 4 days before the exportation of the chemical • Customs inspection at the exit point • Carrier/ Cargo Handling Company endorsement on the Export Authorization • The endorsed authorization to be returned to CCG within 14 days after the exportation of the chemical
Import/ Export Licence issued by Trade and Industry Dept. Controlled Chemical • Ephedrine • Ergotamine • Ergometrine • Pseduoephedrine • Norephedrine Pharmaceuticals Controlled Chemicals being Pharmaceuticals
Import Licence (C&E D) Import Authorization (C&E D) Controlled Chemical Import Licence (C&E D) Import Authorization (C&E D) Import Licence (T&I D) Controlled Chemical Pharmaceuticals Import of Controlled Chemicals
Export Licence (C&E D) Export Authorization (C&E D) Controlled Chemical Export Licence (C&E D) Export Authorization (C&E D) Export Licence (T&I D) Controlled Chemical Pharmaceuticals Export of Controlled Chemicals
How can I “legitimately” deal with the 25 Controlled Chemicals? Step 3 Apply Removal Permit Removal Permit
Removal Permit (Applicable to Schedule 1 &2 chemicals) Supporting documents to be submitted • Business Registration Certificate of the Handling Agent • Commercial invoices showing the supplier and the ultimate consignee • Related shipping documents/ Airway Bills • Documents supporting the export from the originating place and the import into the designated place are lawful • Declaration on the ultimate use of the chemical
Removal Permit(Applicable to Schedule 1 &2 chemicals) • HK$510 • For the transhipment of controlled chemicals in HKSAR • Applicable to one consignment at a time • Valid for 40 days • Apply 4 days before the importation of the chemical • Customs inspection at the entry and exit point • Endorsement from Carriers and Person in charge of the place of storage on the removal permit • The endorsed permit to be returned to CCG within one working day after the exportation of the chemical
Removal Permit (C&E D) Controlled Chemical or Import Licence (C&E D) Export Licence (C&E D) Import Authorization (C&E D) Export Authorization (C&E D) Schedule 1 and 2 Transshipment of Controlled Chemicals
Transhipment Cargo Exemption Scheme (T & I D) Removal Permit (C&E D) (C&E D) Either Either Export Licence Import Licence T&I D Import Licence Export Licence Controlled Chemical Import Authorization Export Authorization Pharmaceuticals Transshipment of Controlled Chemicals
Register How can I “legitimately” do business with the 25 Controlled Chemicals? Step 4 Furnish a Register
Register(Transaction related to Schedule 1 or 2 Chemicals) Reg. 3, The Control of Chemicals Regulation • The holder of a licence* or permit shall for each licence or permit keeps a transaction record in an approved register *other than the one issued for export of schedule 3 chemicals
Register(Transaction related to Schedule 1 or 2 Chemicals) Details to be included • Stock received • Manufacture Record • Usage/Disposal Record • Sales/Supply/Transfer Record • Balance
Register(Transaction related to Schedule 1 or 2 Chemicals) Transaction Record • Register containing all physical transaction records to which the licence or permit relates • Format approved by C&ED • Simultaneous update • Copy of the new entry to Hong Kong Customs within 24 hours of its being made • Record to be kept for 2 years Register
How can I “legitimately” deal with the 25 Controlled Chemicals? Step 5 Apply for Storage Approval
Storage Approval (Applicable to Schedule 1 & 2 Chemical only) Reg. 4, The Control of Chemicals Regulation Written approval for storage of chemicals not in transit • Premises • Containers
Storage Approval (Applicable to Schedule 1 & 2 Chemical only) Supporting Documents for Application - Business Registration Certificate - Proof of Address - Appointment of a Responsible Officer Free of Charge issued within 5 working days valid for one year
Storage Approval(Applicable to Schedule 1 & 2 Chemical only) • Type of Controlled Chemical • Quantity • Place of Storage • Kept in a container approved in writing by the Commissioner of C&E
The Container where the chemical is stored • English and Chinese name of the chemicals shall be clearly marked on the outside of the container. Potassium Permanganate 高錳酸鉀
Storage Approval From Customs & Excise Dept Storage Licence From Fire Services Dept. Controlled Chemicals being Dangerous Goods
Customs Enforcement Work • Premises Visit Stock Check Register Inspection Cargo Examination
The most popular controlled chemicals found in Laboratories • Acetic Anhydride -Schedule 1 chemical • Potassium permanganate -Schedule 2 chemical
Potassium Permanganate (a schedule 2 chemical) Acquisition of PP Bought from local supplier Import from overseas For local laboratory use For local laboratory use Apply for Storage Approval Apply for a Licence Submit a register
Acetic Anhydride (a schedule 1 chemical) Acquisition of AA Bought from local supplier Import from overseas For local laboratory use For local laboratory use Apply for a Licence Apply for a Licence Submit a register Submit a register
Make an entry in the Register Fax a copy of the register to C&ED 25411016 within 24 hours Call the hotline for any doubt 25414383 Points to Note for Laboratory Technicians Licence Holder Renew your Licence annually
Call the hotline for any doubt (25414383) Points to Note for Laboratory Technicians Storage Approval Holder Renew your Storage Approval annually
What if I deal with the 25 Controlled Chemicals “illegitimately”? Offence & Penalty
Maximum Penalties Related to a licence/ permit • Fine of $1,000,000 and • Imprisonment for 15 years Related to register or storage approval • Fine of $50,000 and • Imprisonment for 1 year