Japan’s Ministry of Economics Trade and Industry has published its ‘opinions’ and thoughts ‘regarding the plans of the ROK [Republic of Korea or South Korea] to revise the Public Notice of the Exportation and Importation of Strategic Items.’
On 12 August, South Korea announced that it would be making such revisions by way of countermeasures (which would include removing Japan from its list of preferred trade partners – i.e., transferring it to the category Ga-2) in response to Japanese restrictions on exports to Korea.
But, says Japan, if the Korean government proceeds with the restrictions ‘without answering questions on its rationales and details’ it would consider the revision to be ‘arbitrary and illegitimate’.
Among the questions it poses for the South Korean government are:
‘Under the planned regime, will individuals who export non-strategic items that could be used to manufacture, develop, use or store conventional weapons to Category Ga-2 countries need to obtain permissions if those individuals become aware that the importers or the end users of the items have intent to appropriate the items for manufacturing, developing, using, or storing conventional weapons, or suspect that there is probably such intent? If so, what is the legal basis (i.e., specific article/clause) for that requirement?’
‘Can the heads of the ROK’s Ministry of Trade, Industry and Energy or other related government agencies give written notification to individuals who export non-strategic items to Ga-2 countries that they must obtain export permission on the grounds that said items might be used to manufacture, develop, use or store conventional weapons? If so, what is the legal basis (i.e., specific article/clause) for that requirement?’
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