• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.72
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• pp.115-137
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• 2016

Trade can be greatly influenced by the change of international trade environment due to the characteristics of remote transactions. Furthermore, in the circumstance of emphasizing the national security again, the importance of the risk management of special materials has been increasing. As it was noted at Chapter 4, significant results such as the threat of enterprises' sustainable growth can be occurred when companies are related to the unlawful export of strategic materials or experience discouragement of export of main products. As the decision of strategic materials greatly depend on a specialized knowledge there is a possibility of misjudgement of strategic materials in terms of ordinary companies which is not accustomed to them. Furthermore risk management is more difficult due to the inclusion to the items of export license. To prepare such a risk of export of strategic materials, firstly, it should be checked to find whether counter traders are working in the industry which is not related to the spread of weapons of mass destruction, secondly, an appropriate process shall be designed and operated for products to be safely delivered to the trade counter. Therefore, our export enterprises have to introduce CP(Compliance Program), AEO or ISO28000 considering suitability for their actual situations not only to promote export and but also to avoid risk of export control and additional expenses. Through these appropriate processes, an efficient and effective management of the trade risk of strategic materials can be accomplished.

• International Commerce and Information Review
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• v.10 no.1
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• pp.349-371
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• 2008

Export controls on strategic items has been an international standard of trade. We should understand the global trend of this and perform clean policies in the international community. This article examines the Improvement of Competitiveness and International Export Control System of Strategic Items for focusing to Internal Compliance Program(ICP). Therefore, this study would like to suggest for build to ICP. Each member of company have to convert their perception for controling strategic items. Also, they have to build controling system in ERP system and extend Incentive for CPs. the support to the trustworthy controling system. Korea is actively trying to control strategic items export for world peace and national security. So the related enterprise needs to manage voluntary export system.

• Korea Trade Review
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• v.43 no.3
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• pp.75-100
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• 2018

This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.

• International Commerce and Information Review
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• v.10 no.2
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• pp.265-282
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• 2008

This article is a study on the A Study on the Export and Import Public Notification System for Efficiency of Trade Item Management. The purpose of this article shall be studies to the trade control regulation in korea foreign law. this article are two most important elements in strategic item and rule of origin. that is, economic profit and nation industries protect have been obtain trade control system. The trade public notification system achieve efficiency of trade item control and nation industry development and domestic customer protect and trade order for trade system and control scheme. Therefor, The Result of the article is review to protection of domestic.

• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.709-718
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• 2013

In this study, AHP analysis was conducted through a survey that was organized by 9 job categories. The results show that sustainable operation risks have the highest priority level among all criteria with management interest having the highest priority level within sustainable operation risks related attributes. The most important risk attributes among stakeholder risks appeared to be asset security and cargo and conveyance security, with education and training being the most important among regulatory risks. Effective management and response to the risks from export controls on strategic trade require an understanding of supply chain security and compliance programs, effective training programs, investments for development of security systems that meet international standards. In addition, the government needs to focus on developing professionals and providing support for companies with compliance programs, working closely with businesses.

• International Commerce and Information Review
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• v.13 no.4
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• pp.297-321
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• 2011

Under the UN Security Council Resolution 1540/1810 in 2004 to restrict the proliferation of WMD (weapons of mass destruction) and their means of delivery, many countries have taken great efforts to, control the export of strategic items, thereby preventing the transfer of ABCM (atomic, biological, chemical weapons, missiles) and technologies and goods related to conventional weapons or dual-use items, Compliance Program (CP) in Korea or Internal Compliance Program(ICP) in Japan refers to a company's internal system or rules to comply with the export control laws and regulations, and is to prevent the unintentional illegal export of strategic items. This paper analyzes the Compliance Program (CP) of strategic export control system between Korea and Japan. Both countries have very similar legal frameworks under the guiding principles of multilateral export control regimes. However, there are some differences in actual procedures, classification service, supporting system, export license, sanctions for illegal exporters, etc. Korea should take more active and customer-oriented measures to promote the Compliance Program (CP) into Korean export companies for better awareness and positive attitude, practical information and education, smoothy government-firm communication, closer cooperation between Korea and Japan, etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.185-207
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• 2014

There are over 20 administrative rules related to Korea Foreign Trade Act including Export and Import Notification, Consolidated Notification, Notification for Strategic Materials and so on. The purpose of this research proposes to reform some administrative rules related to Korea Foreign Trade Act. First, the administrative rules are a little many and hidden in part, so the effort need for simplification and publication. Especially Export and Import Notification is no need more, and some articles can be transfer to the similar notification. Second, the prohibited or regulated items are only 135, and the reason is cooperation to world trade policy and Korea trade purpose. The item number of trade limitation are decreased sharply compare to several decades, but we still effort to decrease. Third, There are 2 tracks trade regulation both Korea Foreign Trade Act and 57 specific acts. The number of trade limitation item is over 5,000, so it is impossible to control by Consolidated Notification. The role of Consolidated Notification is the just guides for Export and Import, so trader has to use the specific trade-related law.

• International Commerce and Information Review
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• v.13 no.3
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• pp.353-375
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• 2011

Export control was first triggered by international export control system at US led COCOM in 1949. Numerous international efforts such as NPT in 1969, ZC in 1970, NSG in 1978, AG in 1985, MTCR in 1987, Wassenaar Arrangement(WA) establishment in 1995 with 1990's the fall of the Berlin Wall, have been made since. The concept of export control has been changed from weaponry and parts export control to preventing or blocking weaponry, respective goods and relevant technology from the hand of troubled regions and non-state actors as terrorist groups; and the new concept is described as Nonproliferation Control. Extent of control items is not only limited to conventional weaponry, but also includes weapons of mass destruction(WMD) and even dual use items which can be used for production, development, usage or storage. Control items include all items defined by NSG, MTCR, AG, WA, and CMC-Opec. The 9.11 terror had a strong influence on international society. Effort to prevent WMD proliferation has now become the most important issue for international security. This study aims to suggest improvement points for nonproliferation law and its effective implementation, based on problem and limitation identification along with analysis of nonproliferation law and implementation examples by type. Furthermore for the purpose of national and global security, export control system on strategic items which are considered to be a key issue in South and North Korea relationship needs to be effectively managed. Recently, North Korea's missile and nuclear tests have been criticized globally; and the global society including respective countries as China and South Korea is striving to urge export control in line with the UN resolution.

• Journal of Korea Trade
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• v.25 no.1
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• pp.152-168
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• 2021

Purpose - This paper has an objective to suggest reasonable criteria in choosing Incoterms 2020 rules for efficient and effective logistics management in that the Incoterms rules affect not only the rights and obligations of the parties to the sales contract but also the control and management of logistics system and transaction costs in the transaction. Design/methodology - An analysis of the various factors is needed to assess the positive or negative impact on global value chain in choosing Incoterms rules from a total logistics view. This study analyzes the impact of which the content of individual incoterms rules can have on the operation of international logistics systems under the global value chain from a strategic perspective to suggest reasonable criteria for selection of Incoterms rules depending on the transaction situation. Findings - Results of this study shows that consideration of various aspects which includes the characteristics of the products, logistics capabilities, infrastructure, transaction volume, operational cost, customs regulations, tax and accounting should be reflected in choosing the appropriate Incoterms rules. Therefore, in order to minimize the total cost and improve logistics performance, it may be helpful to develop a decision support model which allows users to select appropriate Incoterms rules based on various influencing factors. Originality/value - This Study is different from previous research which has mainly focused on the rights and obligations of the parties to the transaction regarding the transfer of risks and costs under the Incoterms. In addition, this study has significance in that it provides implications for export and import companies that can be able to use Incoterms as a strategic tool to efficiently manage the global value chain and improve supply chain performance.