Exporters must equip themselves for the gun rule

Dhadchyarbhon Abhimontejchbud, Deputy Director General of the Department of Foreign Trade.

Exporters are urged to prepare for the implementation of the catch-all control measure (CAC) in the 2019 Weapons of Mass Destruction Proliferation Act.

Preparatory steps include the establishment of an Internal Compliance Program (ICP) to prevent commercial activities related to the proliferation of weapons of mass destruction (WMD) as well as monitoring compliance with export control legislation.

Dhadchyarbhon Abhimontejchbud, deputy director general of the Department of Foreign Trade (DFT), said the CAC measure would soon come into force under the new law that became law early last year.

The measure controls the export, re-export, transshipment, transit, and technological and software controls of dual-use items (DUIs) and DUI-related items that pose a risk of being used in the proliferation of ADM.

Mr. Dhadchyarbhon said that the DFT recently issued a notification on the ICP certification criteria.

The new law is in line with UN Security Council Resolution 1540 of April 28, 2004, and related resolutions calling on member states to establish national controls to prevent the proliferation of WMD, including the control of WMD. related materials, such as DUIs, which could be assembled, developed, improved and / or processed by any other means related to ADM.

The law also establishes controls on the end user of these items.

Vital ICP diet

Mr Dhadchyarbhon advised Thai exporters to speed up the establishment of an ICP program, which is a voluntary system run by the private sector to monitor DUIs through a network to collect data on products, users and users. end users.

These systems will be certified by government agencies and evaluated once a year, he said.

Companies that have established PKIs do not have to worry about their exports breaking the law, Dhadchyarbhon said.

Japan has already implemented an ICP program, while the EU has implemented a similar law, adopting the list of all products prescribed by the UN.

“The department encourages the private sector to set up PKIs that meet international standards as well as a network to work with government agencies to control exports, re-export, transit, transshipment, technology and software transfers. DUI, ”he said.

Drones capable of flying with a range of 300 kilometers are considered dual-use items because they can be used to collect R&D or as missiles for terrorist purposes.

“ICP programs benefit exporters by clearly describing user and end-user data for the government if their products are subject to export controls. Without ICP, if their products attract the suspicion of intelligence agencies, their exports may be interrupted or delayed by governments. “

Thai companies with overseas parent companies in the EU, US and Japan are fully aware of WMD issues, but Thai companies are unfamiliar with the law, Dhadchyarbhon said.

DUAL PURPOSE ITEMS

Regarding DUI products related to ADMs, he said Thailand referred to the EU list in 2019 which included 1,813 items for industrial products such as electronics, electrical appliances, computers, plastics , mechanical machinery, as well as chemicals.

Mr Dhadchyarbhon said that in the midst of the pandemic, Covid-19 variants are included on export control lists because they can not only be used to produce vaccines, but also for nefarious means such as production biological weapons.

Drones capable of flying with a range of 300 kilometers are also considered DUIs because they could be used to collect data for R&D purposes or as a form of missile for terrorist purposes, he said.

“Although Thailand is not a key exporter of DUI, the country has a geographical location which facilitates re-export, transit and transshipment of products. The volume of border trade has also been increasing for several years,” Mr. Dhadchyarbhon said. . .

“It is important that entrepreneurs are aware of their buyers and the destination of the end users of their products.”

Penalties

He said violators under section 28 of the law can face a prison term of up to two years, or a fine of up to 200,000 baht, or both. if the government finds that their goods fall into a dangerous category and they do not provide clarification.

If a violation is committed with the intention of exporting an item which could lead to the proliferation of ADM and cause harm to persons, or to design, develop, manufacture, operate, modify, store or transport WMD, or to acquiring WMD, the defendant is liable to a prison term of up to 10 years, or a fine of up to 1 million baht, or both, Mr. Dhadchyarbhon said.

Violators may also be subject to penalty under Section 244 of the Customs Act, which states that any person who imports, exports or conducts the transit or transshipment of goods passing through customs in Thailand from a manner that attempts to avoid restrictions or bans on such goods, is punishable by imprisonment of up to 10 years, or a fine of up to 500,000 baht, or both .

The items involved in the offenses should be confiscated from the authorities, he said.


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