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A Study on the License for Intermediate Trade and Merchandising Trade of Trigger List Items
Trades are classified as a direct trade, in which an exporter and an importer directly conclude a contract to execute a transaction, and an indirect trade, in which a transaction is conducted through a third party. A license issued by NSSC is required for the indirect trade of Trigger List Items although the items do not cross the Korea’s borders. This study would summarize characteristics for each type of the indirect trade, and suggest things considered from the perspective of regulations. Sensitive items such as weapons of mass destruction could be illegally transferred through black trade, and the role of brokers is important. Therefore, Korea controls indirect trade of Trigger List Items in a more conservative approach, although NSG guidelines does not include it as a control scope. Advanced countries in export control field such as the US, UK, and Canada also controls on indirect trade. One of the indirect trade types is an intermediate trade in which the goods are imported from a foreign country and exported to another foreign country without being brought into the trader’s country. Another type is a merchandising trade which is a form of brokerage between exporter from a foreign country and importer from another foreign country. Both types have one thing in common that the goods are not crossed the trader’s country. The difference is that an intermediate trader directly participates in the contract and earn a difference between import and export amount, whereas a merchandising trader just arranges the transaction and earns a brokerage fee. The profits from the intermediate trade are considered as export records, while merchandising trade profits are not considered export records. In other words, only the intermediary trade is considered as an export. Also, the license types are different for each of them. An export license should be issued for the intermediate trade of Trigger List Items, whereas a brokerage license should be issued for the merchandising trade of Trigger List Items. The definition of export in the Foreign Trade Act includes intermediate trade for only goods, but technology is missing, although the sub-regulation specifies the intermediate trade including both. The technology need to be added as it can be the subject of intermediate trade in spite of intangible characteristics. Also, outreach activities are more needed as nuclear industry awareness on export control for both trades is low.
