Republic of Korea
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1a. Legislation, regulations, or administrative procedures provide for control over exports of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
1b. Legislation, regulations, or administrative procedures provide for measures to regulate imports of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
1c. Legislation, regulations, or administrative procedures provide for measures to regulate transit/transshipment of conventional arms including SALW and ammunition?
If yes, list laws, regulations, or administrative procedures Yes
1d. Legislation, regulations, or administrative procedures provide for measures to regulate brokers/brokering of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
2a. The competent national authority/ies for the control of exports is/are:
Customs / Ministry of Finance No
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade Yes
Ministry of Foreign Affairs Yes
Ministry of Interior / Police No
Transfer Control Agency Yes
Other No
2b. The competent national authority/ies for the regulation of imports is/are:
Customs / Ministry of Finance Yes
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs No
Ministry of Interior / Police Yes
Transfer control agency Yes
Other No
2c. The competent national authority/ies for the regulation of transit/transshipment is/are:
Customs / Ministry of Finance No
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade Yes
Ministry of Foreign Affairs No
Ministry of Interior / Police No
Transfer control agency Yes
Other No
2d. The competent national authority/ies for the regulation of brokers and/or brokering activities is/are:
Customs / Ministry of Finance No
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade Yes
Ministry of Foreign Affairs No
Ministry of Interior / Police No
Transfer control agency Yes
Other No
3a. National control list of conventional arms subject to transfer controls.
If yes, please specify Yes
1. A transfer is prohibited if it would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes
If yes, please specify Yes
2. A risk assessment is conducted before issuing an export authorization
If yes, please specify Yes
3. National legislation, regulations or policy guidelines include the following] risk assessment criteria
Contribute to or undermine peace and security Yes
Commit or facilitate a serious violation of international humanitarian law to which State is a party Yes
Commit or facilitate a serious violation of international human rights law to which State is a party Yes
Commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which State is a party Yes
Commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which State is a party Yes
Commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children Yes
Risk of diversion Yes
Other No
4. Risk mitigation measures that could be undertaken to mitigate identified risks
If yes, use free text box for types of risk mitigation measures utilized Yes
Article 9 of the Public Notice of Strategic Items stipulates that the authority issuing the export license shall have prior consultation with the Minister of Foreign Affairs in the case where it is deemed that the issuance of certain export license may have significant impact on national security or diplomacy.
1. There is an authorization or licensing system to control the export of conventional arms
If yes, please specify Yes
2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to export conventional arms
Ministerial decree to the Defense Acquisition Program Act stipulates that the following documents shall be submitted to the licensing authority for export of defense materials and defense science and technology :
  1. A copy of L/C , export contract, bill of order or draft export contract(or letter of intent or equivalent to it)
  2. A copy of end user certificate
  3. A copy of documents explaining performance and purposes
  4. A copy of contract for technology transfer
  5. A copy of the license from a third country where necessary
  6. A copy of statement on the impact of the export of the relevant technology on Korea and overseas
  7. A statement on the delivery schedule
Also, article 20 of the Public Notice of Strategic Items stipulates the document requirements for the export of strategic items. Article 17 of the Ministerial Decree to the Act on the Safety Management of Guns, Swords, Explosives, etc. stipulates document requirements for the export of guns, swords, explosives for non-military purposes.
3. The national control system permits exports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify Yes
Article 26 of the Public Notice of Strategic Items stipulates that the exporter may be exempt from the obligation to obtain export license for strategic items limited to goods in such cases as return for repair, exhibition , etc. with the condition that the exporter submits a report of the transaction to the licensing authority within 7 days after the actual export.
4. State maintains records of export authorizations
State maintains records of export authorizations? Yes
4a. Records of export authorizations are kept for … years
10 years
4b. Information contained in records of export authorizations includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
5. State maintains records of actual exports
If yes, please specify Yes
5a. Records of actual exports are kept for … years
10 years
5b. Information contained in records of actual exports includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
1. There is an authorization or licensing system to regulate the import of conventional arms
If yes, please specify Yes
2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to import conventional arms
Article 41 (Permission of Construction and Modification of Manufacturing Facilities, etc. of Military Firearms and others ) under Enforcement Rules on the Defense Acquisition Program Act
  1. Documents proving the contractual relationship between the end user and importing party.
  2. Import purchase order or purchase (import)contract
  3. Items of import and document explaining purpose of use
  4. Pledge of non-use for other than intended purposes
Article 17 (Application for approval of export and import) of Ministerial Decree to the Act on the Safety Management of Guns, Swords, Explosives, etc..
  1. Application form for export and import
  2. Specification, performance and use of guns, swords, gas sprayer, electroshock weapon, crossbow and their user manual
  3. Manual on the components and combination percentage of gunpowder, explosives and sprayer
  4. Manual on the structure and making of blasting agents
  5. Copy of import permit from the importing country or a copy of import license from the importing company
  6. Certificate from a transit country that it agreed to the transit of powder-charged gun or explosives that are used for weapons that are lethal to human life
3. The national control system permits imports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
4. State maintains records of actual imports
If yes, please specify Yes
4a. Records of actual imports are kept for … years
10 years
4b. Information contained in records of actual imports includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Exporting state No information provided
End-User No information provided
Other (please specify) No information provided
1. Definition of transit and/or transshipment in national legislation and/or regulations
If yes, please specify Yes
2. The national system regulates the transit/transshipment of conventional arms
By land Yes
By sea Yes
By air Yes
3. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to transit/transship conventional arms
Article 56 of the Public Notice of Strategic Items (License for transit/transhipment of strategic items) (2) Anyone who intends to receive license for transit/transshipment according to article 40.2 of the Enforcement Decree shall submit application for the transit/transshipment license to the licensing authority along with the following documents.
  1. One copy of document relevant to a transaction such as export contract.
  2. Other document acknowledged by the head of licensing authority as necessary
  3. The procedure necessary to obtain licensing for a Transit/transshipment shall apply mutatis mutandis as per the regulation stated in section 2, chapter 3 of the Public Notice.
4. The national control system permits transit/transshipment of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify Yes
Article 26 of the Public Notice of Strategic Items stipulates that the exporter may be exempt from the obligation to obtain export license for strategic items limited to goods in such cases as return for repair, exhibition , etc. with the condition that the exporter submits a report of the transaction to the licensing authority within 7 days after the actual export. This article applies to the license for transit/trans-shipment mutatis mutandis.
5. State maintains records of transit/transshipment authorizations
If yes, please specify Yes
5a. Records of transit/transshipment authorizations are kept for … years
No information provided
5b. Information contained in records of transit/transshipment authorizations includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Exporting state No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
1. Definition of broker and/or brokering in national legislation and/or regulations
If yes, please specify Yes
Article 24 of the Foreign Trade Act (1) Any person who intends to engage in brokering transfer or sale of strategic items, etc. from a foreign country to another foreign country shall obtain permission therefor from the Minister of Trade, Industry and Energy or the head of the relevant administrative agency, as prescribed by Enforcement Decree: Provided, That the same shall not apply to cases determined by Enforcement Decree, including cases for which export permission for the transfer or sale of strategic items, etc. has been obtained from the exporting country in accordance with the principles of the international export control system. (2) The Minister of Trade, Industry and Energy or the head of the relevant administrative agency may, upon receiving an application for brokerage permission pursuant to the main body of paragraph (1), grant the brokerage permission in accordance with the guidelines prescribed by Enforcement Decree for maintaining international peace and security as well as national security, etc. Enforcement Decree of the Foreign Trade Act Article 41 (Application, etc. for Brokerage Permission for Strategic Items, etc.) Subparagraph 5, Article 2(Definitions) of the Public Notice of the Strategic Items stipulates as follows: "Brokering" means an activity of arranging transfer goods from foreign to foreign countries in exchange for fees and other charges (paid or unpaid) Paragraph 2, Article 57 of Defense Acquisition Program Act (2) A person who intends to export or intermediate the trade of defense materials and defense technology, shall obtain permission therefor from the Administrator of the Defense Acquisition Program Administration, as prescribed by Enforcement Decree. (4) The Administrator of the Defense Acquisition Program Administration may place limitations on, or order an adjustment of, the exportation of defense materials and defense technology after consultation with the head of the relevant administrative agency, as prescribed by Enforcement Decree. The national export control list is regulated as per the international export control standard(WA, MTCR, NSG, and AG) by reflecting the export control systems in the Public Notice of Strategic Items and Table 4 of the said Public Notice. ? The obligation to obtain license for brokering falls on natural persons or legal persons that are nationals of Korea as well as on the foreign natural persons or legal persons presiding in Korea.
2. The national system regulates brokers and/or brokering activities
Registration of brokers only N/A
Authorization to conduct brokering only N/A
Two-stage process of registration of brokering and authorization for brokering Yes
3a. Information and/or documentation provided to the competent national authority in an application to register as a broker
Article 54 of the Public Notice of Strategic Items (Application for Permission of Brokerage) copy of brokering contract or transaction relevant to the brokering Statement on the personnels involved with the brokering(exporter, importer, broker) Statement of the final consignee of the brokered items Other document acknowledged by the head of licensing authority as necessary
3b. Information and/or documentation provided to the competent national authority in an application for a licence or another form of authorization to conduct brokering
Article 54 of the Public Notice of Strategic Items (Application for Permission of Brokerage) copy of brokering contract or transaction relevant to the brokering Statement on the personnels involved with the brokering(exporter, importer, broker) Statement of the final consignee of the brokered items Other document acknowledged by the head of licensing authority as necessary
4. The national control system permits brokering of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify Yes
5. State maintains a register of brokers
If yes, please specify No information provided
5a. Records of registered brokers are kept for … years
No information provided
6. State maintains records of brokering licences or authorizations
If yes, please specify Yes
6a. Records of brokering authorizations are kept for … years
No information provided
6b. Information contained in records of brokering authorizations includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Exporting state No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
7. Regulation of activities closely associated with brokering
If yes, please specify Yes
Acting as dealers or agents, providing technical assistance, transport, freight forwarding, storage, insurance, maintenance, security
1. Measures to mitigate the risk of diversion
Establishment of mitigation measures Yes
Provision, upon request, of end use / end user documentation to the exporting State Yes
Measures in place to verify or seek to authenticate EUCS or other types of end-user documentation [SALW] Yes
Measures in place aimed at preventing the forgery and misuse of EUCs or other types of end-user documentation [SALW] Yes
Requirement for end use / end user assurances from an importing State (or industry) Yes
Examination, where appropriate, of parties involved in a transfer Yes
Requirement, where appropriate, for additional documentation, certificates, assurances for a transfer Yes
Exchange of relevant information with other States Parties on effective measures to address diversion, as well as on illicit activities and actors Yes
Reporting to an international or regional body on measures taken to address diversion of transferred conventional arms Yes
When exporting, State requires a Delivery Verification Certificate (DV) to confirm that SALW have reached their intended end-user or intended importer in the importing State [SALW] Yes
When importing, the State grants the right to the exporting State to conduct a physical check at the point of delivery [SALW] No
Other measures No
2. Information contained in end user documentation (e.g. EUC)
Detailed description of the SALW or technology Yes
Contract number of order reference and date Yes
Final destination country Yes
Description of the end-use of SALW Yes
Exporter's details (name, address and business name) Yes
End-user information (name, position, full address, and original signature) Yes
Information on other parties in the transaction Yes
Certification by the relevant government authorities of the authenticity of the end-user Yes
Date of issue Yes
Other No
3. Measures to Control SALW re-exports:
Re-export of SALW only permitted when there is prior notification Yes
Re-export of SALW is permitted only when there is prior approval Yes
4. State takes appropriate measures when a diversion has been identified
Alert potentially affected States Yes
Investigative and law enforcement measures at the national level Yes
Use international tracing mechanisms to identify points of diversion Yes
Other measures No
1. State takes measures to enforce national laws and regulations
State takes measures to enforce national laws and regulations Yes
2. Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation
Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation Yes
1. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the implementation of the UN Programme of Action on Small Arms (PoA)
If yes, please specify Yes
2. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the United Nations Register of Conventional Arms
If yes, please specify No information provided
3. The national system includes one or more national points of contact to exchange information on ATT implementation
If yes, please specify Yes
1. The state makes information publicly available on the national system to control/regulate international arms transfers and address diversion
National report on implementation of the PoA Yes
ATT initial report Yes
1540 matrix Yes
National report on the national system to control/regulate international arms transfers and address diversion N/A
ATT-BAP survey No
2. The state makes information publicly available on arms imports and exports
UN Register of Conventional Arms Yes
UN Register of Conventional Arms - SALW Yes
ATT annual report Yes
Arms transfers reported to Comtrade N/A
Regional instrument N/A
National report on arms transfers N/A
3. Website for more information on national system