Customs & Excise Department Controlled Chemicals Group Senior Inspector TAM Kwok-fai

Customs & Excise DepartmentControlled 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.

Used for the manufacture of narcotic drugs or psychotropic substances.

What are Controlled Chemicals?

一帆風順

海洛英

Heroin

(Narcotic Drug)

AA

乙酸酐

Acetic Anhydride

(Controlled Chemical)

Example (1)

Legitimate and Illicit Use

麻黃 Ephedrine

咳水Cough Medicine

甲安非他明 (冰毒 )Methamphetamine (Ice)

Illicit manufacturers

The Controlled Chemicals Group

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 Control of Chemicals Ordinance, Chapter 145

Come into operation on 1 January 1996

Different levels of control

25 chemicals under 3 Schedules

The Legislation

Schedule 1

Acetic AnhydrideAcetyl BromideAcetyl Chloride

Chemicals Under Control

Chemicals Under ControlSchedule 2

Ephedrine Safrole

Ergometrine Isosafrole

Ergotamine Piperonal

Pseudoephedrine Anthranilic acid

Lysergic acid Phenylacetic acid

1-phenyl-2-propanone Piperidine

N-acetylanthranilic acid 3,4-methylenedioxy-

Norephedrine phenyl-2-propanone

Potassium Permanganate

Chemicals Under ControlSchedule 3

Country of Destination

Methylethylketone (MEK)

Argentina, Bolivia, Brazil, Chile, Colombia,Ecuador, Guatemala, Mexico, Panama, Peru & Venezuela.

Toluene

Sulphuric acid

Acetone Afghanistan, Argentina, Bangladesh, Bolivia,Brazil, Cambodia, Chile, Colombia, Ecuador,Guatemala, India, Iran, Laos, Lebanon, Malaysia, Mexico, Myanmar, Nepal, Pakistan,

Panama, Peru, Thailand, Turkey, Singapore, Sri Lanka, Venezuela & Vietnam.

Ethyl ether

Hydrochloric acid

How can I “legitimately” deal with

the 25 Controlled Chemicals?

Step 1

Apply a Licence

Licence

Types of Licence required

Chemicals under Schedules

1 2 3

Manufacture ✔ ✔ Import ✔ ✔ Export ✔ ✔ ✔

Possession ✔ Supply or Dealing in/ with ✔

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

Licence


the Controlled Chemicals?Step 2

Apply Import/ Export Authorization

Authorization

Import/ Export Authorization

Types of Authorizations Chemicals under Schedules

1 2 3

Import Authorization ✔ ✔

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 / Export Authorization

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

Controlled Chemicals being Pharmaceuticals

Import/ Export Licence issued by Trade and Industry Dept. Import/ Export Licence issued by Trade and Industry Dept.

Ephedrine Ergotamine Ergometrine Pseduoephedrine Norephedrine

ControlledChemical

Pharmaceuticals

Import of Controlled Chemicals

Import Licence(T&I D)

ImportLicence(C&E D)


(C&E D)

ImportLicence

(C&E D)


(C&E D)ControlledChemical

ControlledChemical

Pharmaceuticals

Export of Controlled Chemicals

Export Licence(T&I D)

ExportLicence(C&E D)

Export Authorization


ExportLicence(C&E D)

Export Authorization


Pharmaceuticals



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

Transshipment of Controlled Chemicals

ControlledChemical

Removal Permit(C&E D)

oror

ImportLicence

(C&E D)

ExportLicence

(C&E D)

ImportAuthorization

(C&E D)

ExportAuthorization

(C&E D)

Schedule 1 and 2Schedule 1 and 2

Transshipment of Controlled Chemicals

Controlled

Chemical

Pharmaceuticals

Removal Permit(C&E D)

(C&E D)

ImportLicence

ExportLicence

ImportAuthorization

ExportAuthorization

Transhipment Cargo Exemption Scheme

(T & I D)(T & I D)

T&I D

Import Import LicenceLicence

Export Licence

EitherEither

How can I “legitimately” do business with


Step 4

Furnish a Register

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

Details to be included

Stock received

Manufacture Record

Usage/Disposal Record

Sales/Supply/Transfer Record

Balance



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



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

Type of Controlled Chemical

Quantity

Place of Storage

Kept in a container approved in writing by the Commissioner of C&E

Storage Approval(Applicable to Schedule 1 & 2 Chemical only)

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

Controlled Chemicals being Dangerous Goods

Schedule Controlled Chemicals Category Exempted

Quantity

1 Acetic Anhydride 3 25 L

Acetyl Chloride 3 Nil

2 Potassium Permanganate 7 10 kg

3 Methl ethyl ketone (MEK) 5 20 L

Toluene 5 20 L

Sulphuric Acid 3 10 L

Acetone 5 20 L

Ethyl Ether 5 2.5 L

Hydrochloric Acid 3 2.5 L

Controlled Chemicals being Dangerous Goods

Storage Approval From

Customs & Excise Dept

Storage LicenceFrom

Fire Services Dept.

Premises Visit

Customs Enforcement Work

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 LicenceApply for a Licence

Submit a register Submit a register

Points to Note for Laboratory Technicians

Licence Holder

Renew your Licence annually

Make an entry in the Register

Call the hotline for any doubt 25414383

Fax a copy of the register to C&ED 25411016 within 24 hours

Points to Note for Laboratory Technicians

Renew your Storage Approval annually

Storage Approval Holder

Call the hotline for any doubt (25414383)

What if I deal with the 25 Controlled Chemicals

“illegitimately”?

Offence & Penalty

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

Maximum Penalties

Q & A

Laboratory Technicians