Does Hong Kong implement an autonomous sanctions regime?
What is the nature of the sanctions regime in Hong Kong?
Hong Kong implements legislation to give effect to various UN sanctions. UN sanctions presently in force in Hong Kong are implemented through the United Nations (Anti-Terrorism Measures) Ordinance and the United Nations Sanctions Ordinance (Cap. 537), although this legislation explicitly excludes sanctions against the People’s Republic of China.
Does Hong Kong maintain a list of sanctioned individuals and entities?
Yes. The Commerce, Industry and Tourism Branch of the Commerce and Economic Development Bureau maintains lists that may be found here.
The lists include:
countries subject to UN sanctions
persons subject to travel ban under the UN sanctions ordinance by country
persons and entities subject to an asset freeze under the UN Sanctions Ordinance by country
specified items under the United Nations Sanctions (Democratic People’s Republic of Korea) Regulation (Cap. 537AE)
regulated prohibited items and specified prohibited items under the United Nations Sanctions (Iran) Regulation (Cap. 537AF)
specified goods under the United Nations Sanctions (Côte d’Ivoire) Regulation (Cap. 537BK)
Are there any other lists related to sanctions?
Yes. In addition to UN sanctions implemented through domestic legislation, financial institutions authorised by the Hong Kong Monetary Authority are required to each maintain a database of names and particulars of terrorist suspects and designated parties for client and transactional screening purposes. This database must consolidate lists published in the Hong Kong Government Gazette and those designated by the US Treasury’s Office of Foreign Assets Control, pursuant to US Executive Order 13224.
Does Hong Kong have a licensing or authorisation system in place?
Yes. The Secretary of Security may grant a licence to authorise activities that would otherwise contravene the United Nations (Anti-Terrorism Measures) Ordinance. The Ministry of Foreign Affairs of the People’s Republic of China can instruct the Chief Executive of Hong Kong to cease implementation of sanctions, modify sanctions or replace sanctions.
What are the consequences for a breach of sanctions in Hong Kong?
Contravention or breach shall be punishable on summary conviction by a fine not exceeding HKD 500,000 and imprisonment for up to 2 years or, on conviction on indictment, by an unlimited fine and imprisonment for up to 7 years.
Who are the relevant regulators in Hong Kong and what are their contact details?
The Commerce and Economic Development Bureau has overall responsibility for implementing the United Nations Sanctions.Address: Commerce and Economic Development Bureau (Commerce, Industry and Tourism Branch)
23/F, West Wing,
Central Government Offices,
2 Tim Mei Avenue, Tamar,
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