EXTRANCHECK: PRE LICENSE CHECK: PRODUCT TESTING AND

UNCLAS HONG KONG 000181

USDOC FOR 532/OEA/MNICKSON/ADYSON/TWILLIS/EHOLLAND
USDOC FOR 3132 FOR FCS/OIO REGIONAL DIRECTOR PATRICK SANTILLO
BICE FOR OFFICE OF STRATEGIC INVESTIGATIONS

SIPDIS

E.O. 12958: N/A
TAGS: BMGT BEXP HK ETRD ETTC
SUBJECT: EXTRANCHECK: PRE LICENSE CHECK: PRODUCT TESTING AND
DUTIABLE COMMODITIES SEC., GOVERNMENT OF HONG KONG LABORATORY

REF: A) D409759 B) USDOC 00086



1. Unauthorized disclosure of the information provided below is
prohibited by Section 12C of the Export Administration Act.


2. At the direction of the Office of Enforcement Analysis (OEA) of
the USDOC Bureau of Industry and Security (BIS),Export Control
Officer Philip Ankel (ECO) conducted a pre-license check (PLC) at
the Product Testing and Dutiable Commodities Section, Government of
Hong Kong Laboratory, 2B Cheung Yip Street, Hong Kong. The item in
question is an Agilent 7500cx ICP-MS. This item is classified under
export control classification number (ECCN) 3A233 and is controlled
for nuclear nonproliferation (NP) reasons. The license applicant is
Agilent.


3. The Hong Kong Laboratory, Product Testing and Dutiable
Commodities Section provides analytical and advisory support to the
Customs and Excise Department in the enforcement of legislation
concerning consumer protection. More information can be found at
www.govtlab.gov.hk.


4. On January 23, 2009, ECO visited the Product Testing and
Dutiable Commodities Section and met with Dr. Mr. C K Tsang,
Chemist, Analytical and Advisory Services Division. He confirmed
that the Product Testing and Dutiable Commodities Section ordered
the item in question from Agilent's Hong Kong distributor, Tegent
Technology as part of a tender process. The new item is being
purchased to replace an existing testing unit that is quite old and
not capable of testing to the degree of specificity required in
light of new regulatory requirements. This section of the
Government Laboratory tests samples provided by Hong Kong Customs
(such as cosmetics or toys) for trace metal content. Mr. Tsang was
open and cooperative and provided purchase order and other
documentation confirming the purchase.


5. ECO notes that Hong Kong government entities typically purchase
equipment through a centralized tender process from Hong Kong
resellers. This process is an open and transparent process and ECO
views it as highly unlikely that items procured by the Hong Kong
Government or affiliated entities will be diverted to unauthorized
end-uses or end-users.


6. Based on the information noted above, ECO believes that the
Product Testing and Dutiable Commodities Section is a suitable
recipient of U.S. origin controlled technology.