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Exporters should be aware that the authorities of the United States of America (US) claim control over many exports from other countries including New Zealand, where goods are of US origin, including components of US origin, or are items produced using US origin technology. In such cases, under US export regulations, a US re-export licence may be required whether or not a New Zealand export licence is needed or has been granted.
Although such US regulations are not recognised in New Zealand law, the US authorities commonly penalise foreign companies which do not comply, by denying them access to US goods or technology in the future. Where a company has a presence in the US, legal action may lead to imposition of fines and other penalties.
Enquires regarding US re-export approval should be directed to the US Foreign Commercial Services Offices of the US Consulate in Auckland.
Similarly, some goods sourced originally from other countries cannot be transferred, sold or exported to third countries without the approval of the country of origin or compliance with other conditions that the original supplying country imposed at the time of acquisition.
The import of foreign technology is often subject to written assurances, usually in the form of end-user certificates, which state that goods will not be disposed of without the permission of the foreign government. Obtaining such approval is often a lengthy process and processing of export applications can be delayed. Delivery schedules should be planned with this in mind.
Like New Zealand, many countries also control the transit or transhipment of goods. A New Zealand export permit will not guarantee the passage of goods through another country. Often, an export permit will be required from the intermediate country, which will itself require approval according to that country's processes. Often these take longer to approve than they do in New Zealand, and exporters need to be aware of this, and plan their delivery schedules accordingly. Because the New Zealand Strategic Goods List is drawn from a number of international regimes, goods which require a permit in New Zealand will also require a permit in other countries, especially those who are members of the export control regime from which the goods are drawn (see section 2).
Questions about export permits and application procedures should be directed to the export controls agencies in the intermediate country.
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