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Export Approval Procedure According to the Act on Securing, Management, and Use of Marine Bio-Resources

• 01

  Complainant Applicant Request approval in writing
• 02

  Ministry of Oceans and Fisheries Receive and review the application form and request opinions from relevant entities
• 03

  NIFS, NMBIK, etc. Review the application form and provide an opinion
• 04

  Ministry of Oceans and Fisheries Decide on whether to grant approval
• 05

  Complainant Applicant Export

Relevant Law

Act on Securing, Management, and Use of Marine Bio-Resources

• Article 22 (Approval, etc. of Export)
  1. 1An individual who intends to export a marine bio-resource included in the list of marine bio-resources requiring approval for export created by the Minister of Oceans and Fisheries shall designate the purpose of use and obtain approval from the Minister of Oceans and Fisheries: Provided, That where parcel-out of the marine bio-resource was approved pursuant to the main sentence of Article 20 (1), this shall not be the case.
  2. 2Notwithstanding Paragraph 1, an individual intending to export a marine bio-resource prescribed by Presidential Decree such as an introduced species among marine bio-resources shall report to the Minister of Oceans and Fisheries.
  3. 3The Minister of Oceans and Fisheries shall notify the reporter of whether the report has been received within 10 days of receiving the report pursuant to Paragraph 2. <Newly Inserted, Jan. 15, 2019>
  4. 4In case the Minster of Oceans and Fisheries does the notify the reporter of whether the report has been received or an extension of the processing period pursuant to the statutes related to application processing within the period prescribed in Paragraph 3, it shall be deemed that the report was received the day after the end of the said period (the processing period in case the processing period was extended or re-extended in accordance with the statutes related to application processing). <Newly Inserted, Jan. 15, 2019>
  5. 5In case of creating a list of marine bio-resources requiring approval for export referred to in Paragraph 1, the Minister of Oceans and Fisheries shall designate them by consulting with the heads of the relevant central administrative agencies in advance and make a public announcement thereof. <Amended, Jan. 15, 2019>
  6. 6The matters necessary for approval of export referred to in the main sentence of Paragraph 1, criteria and procedure for reporting export referred to in Paragraph 2, creation of a list of marine bio-resources requiring approval for export referred to in Paragraph 5, etc. shall be determined by Presidential Decree.
• Article 23 (Cancellation, etc. of Approval for Export)
  1. 1Where any of the following applies, the Ministry of Oceans and Fisheries may cancel the approval for export referred to the main sentence of Article 22 (1) and have the marine bio-resource approved for export to be returned : Provided, That in the case of subparagraph 1, the approval shall be canceled and the marine bio-resource approved for export shall be returned
     • 1. In the case of approved it for overseas export by false or other unfair means
     • 2. In the case of using it differently from the purpose for which it was approved for export
  2. 2The matters necessary for the procedure, etc. for cancellation of approval for export and return pursuant to Paragraph 1 shall be determined by Presidential Decree.

Marine Bio-Resources, the Export of Which Requires Approval

According to the Act on Securing, Management, and Use of Marine Bio-Resources¹⁾, there are 1,720 species that require approval in case of being taken outside the country in order to prevent indiscriminate export of the bio-resources of Korea. The approved purposes of export are limited to academic, medical, commercial, and other purposes.