Provisional Translation

OTO No. 477 Classification MITI-120
Date of Acceptance June 22, 1992 Ministry/Agency Receiving Complaint Economic Planning Agency
Responsible Ministries Ministry of International Trade and Industry Related Laws Foreign Exchange and Foreign Trade Law
Complainant The Japan and America Chamber of Commerce (proxy complaint) Exporting Countries
Subject Simplification of procedures for obtaining certification that goods are not on the COCOM restricted list
Details of Measures 1. When imported goods are re-exported (returned) to the exporting country for repairs or for exchange in the case of defects and the goods are on the list of restricted items, permission must be obtained from the minister for International Trade and Industry. When the goods are not on the restricted list, the Customs office carries out verification to this effect. When exporters are in doubt as to whether the goods are on the restricted list or not, they may obtain a certificate issued by the minister for International Trade and Industry that the goods are not on the restricted list, after submitting the required documents and after it is ascertained that the goods are not in fact on the restricted list. The complainant was advised that simplifying procedures for obtaining the certificate in question was being discussed with the Customs office and other concerned bodies.
However, since coordination with the other ministries/agencies was completed, the related directives were amended, and the complainant was further advised in writing that certificates of non-restriction for goods listed in Attachments 1 and 2 of the Export Trade Control Ordinance had been abolished (implemented September 11, 1995).
2. Parameters which list various factors to aid in determining whether goods are on the restricted list are available as a reference guide to exporters. In response to the complainant's pointing out that presentation of the parameters was obligatory, the complainant was advised that this is not obligatory when a certificate of non-restriction has been obtained.
Classification of Processing 1. A
2. Cc
Directions II-a
Remarks 1. Improvement measures were taken on September 11, 1995.

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