Magus Consulting and International Legal Office
■ Dual use
Dual use means that what was made for civilian use can also be used for military use.
The purpose is to determine whether or not goods and technology that are applicable to civilian goods that have not been judged for military use by the list regulations (Appendix 1 to 15) are used for military use.
For example, if there is an offer to purchase 1 ton of iron nail (the iron nail is a consumer product, not a list-regulated product) for repair of a military dormitory, check whether the military dormitory is broken and whether 1 ton is needed from the size of the military dormitory. If the demand is greater than the amount that would actually be used, it should be managed not to export because it raises doubts about use in a bomb to increase its destructive power.
GPS is a military product managed by the US DOD. However, it is open to private use without a license. Consumer products use only C/A signals and are used as navigation devices, but if they can decode and use P-signals from satellites, they will be used as military equipment.
A drone becomes as a military use unmanned aircraft under the list regulations in Section 4 (1-2) of the Export Order if it can carry a distance of 300 km or more, or if it is designed to spray aerosol with autonomous flight control and capability beyond the visible range.
However, drones for the purpose of carrying parcels can fly autonomously, but they can fly less than 300 km beyond the range that can be seen, they will not be subject to list regulation.
If you purchase this and reduce the weight of what you carry and increase the amount of fuel or the battery to make it fly more than 300km, it will become a military unmanned aerial vehicle.
If only list-regulated items are regulated, you can purchase military unmanned aerial vehicles and change the battery to a smaller one, then declares that it cannot fly more than 300km at exporting from Japan, and after imported in other country and exchange the battery to a bigger one, or attaches a sprayer. It is a loophole for regulation.
Therefore, even if it is not a list-restricted product, those that can be diverted to military use will be restricted. Those that have a long flight distance and can fly autonomously can be used for attacks as bomb drops or bombers. The one with the sprayer is because it can attack by carrying chemical weapons and biological weapons and spraying them at the destination.
At the end of July 2019, the technical guidance guidelines for aerial spraying of agricultural chemicals that had been established so far were abolished, and the use of agricultural drones is promoted by the Ministry of Agriculture, Forestry and Fisheries Japan. This drone is indistinguishable from military use, so it can also be used for spraying chemical weapons.
The catch-all regulation checks consumers and applications according to the following items, and regulates whether these dual-use products are used for military us.
■ Item 16 of Appendix 1 of the Export Order
At the time of judgement for item 16 of Appendix 1 of the export order is not the items of control list since the item 1 to 15 has already been completed.
In item 16 of Appendix 1, items that fall under the catch-all control are as follows, and most industrial products except animals, foodstuffs, leather, wood and textile products are covered.
Item 16 is based on the HS code as followings:
(only Required items are controlled by Catch-all Controls)
■ Check list of Catch-all Control
■ 1. Export transaction
□ Yes → Proceed to 3, □ No (Domestic transaction, deemed export transaction) → Proceed to 2
■ 2. Buyer export
There is a possibility that in Japan buyer may export
□ Yes → go to 3, □ No → end of check (in Japan transaction)
■ 3. List control
The cargo comply with the list control
□ Yes → go to 4 □ No → go to 5
■ 4. Exceptions
Use one of the following exceptions; □ Adopt small amount exceptions □ Adopt free exceptions □ Customers use embedded exceptions □ Others
If any of the exceptions is not applied, you have to apply the export license to METI Japan.
■ 5. Parameter sheet
Acquired and issued non-applicable certificate
□ Yes → Proceed to 6
□ No → Acquire non-applicable certificate
■ 6. White Countries [GROUP A: White country]
Export (deemed export) destination, transit country, contract partner, and final consumer are all white countries (the third country in the Export Order Annex)
*Note: Current White countries refer to the following 26 countries:
Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, UnitedKingdom, United States
(Europe in Blue, only Argentina in South America, no countries in Asia and Africa)
□ Yes → Finish Catch-all Control
□ No →Check the countries names and proceed to 7.
[Destination country: ],
[Transit country: ],
[Contracted customer country: ],
[Final customer country: ]
The catch-all regulation does not apply to white countries because Group A countries (used be called WHITE COUNTRIES) those who participating all the regimes, exchanging sufficient information with Japan, and having sufficient security management in their countries. Therefore, Japan does not need to regulate Catch-all Control to White Countries because they have strong dual-use regulations. One White country that had not adopted catch-all regulations have been omitted from the White Country of Japan in the past.
■ 7. Check the application
Even if the purpose this time is not used for the above, if the purchaser / end user is doing the above business, it will be a requirement for the customer.
Applications of concern:
When exporting the following cargo, please carefully examine the above uses and consumers
■ 8. Consumer (contract partner, transit partner, end user)
Refer the Foreign user list to https://www.meti.go.jp/policy/anpo/EUL_3.pdf
■ 9. Obvious guidelines
■ 10. In the case that the destination country, contract partner, end-user, transit country, deemed export destination is Syria, is it used for the following purposes?
■ 11. If the destination country, contract partner, end user, transit country, or deemed export destination is a country of concern, is it used for the following purposes?