Korean Act on the Sustainable Use of Timbers

The Act

In 2017, the Government of the Republic of Korea amended its 2012 Act on the Sustainable Use of Timbers. The amended Act establishes provisions to take measures against illegal logging and promotes the legal timber trade through an import declaration and control system. The mandatory regulation applies to both domestic and imported timber and timber products, prohibiting the import, distribution, production and sale of illegally harvested timber. The Korean Act on the Sustainable Use of Timbers is characterized by requiring an inspection and verification of relevant documents proving legality before an import declaration can be completed/filed. The Act is enforced by the Enforcement Decree of the Act on the Sustainable Use of Timbers (Enforcement Decree No. 33994, 19 December 2023).

Import declarations and control

Importers who intend to sell or use timber and timber products for business purposes must file an import declaration with the Minister of the Korea Forest Service (KFS) prior to import (Article 19-2). Subsequently, the KFS will notify the person who filed an import declaration regarding the acceptance of the declaration within three business days from the day the declaration is submitted. If the KFS does not provide notification, the declaration will be considered accepted on the day following the conclusion of the specified period. Documents related to the import of timber and timber products are subject to inspection by a qualified agency designated by the KFS to determine that the timber and/or timber product intended for import was legally harvested (Article 19-3). The designated inspection agency is responsible for verifying that these documents fall under the following categories before customs clearance:

1. A permit for felling issued pursuant to the laws of the country of origin;
2. A document prescribed and publicly notified by the Minister of the Korea Forest Service, widely recognized internationally, certifying that the relevant timber or timber product has been legally harvested;
3. A document prescribed and publicly notified by the Minister of the Korea Forest Service, mutually recognized under bilateral agreements between the Republic of Korea and the country of origin;
4. Any other documents prescribed and publicly notified by the Minister of the Korea Forest Service verifying that the relevant timber or timber product has been legally harvested.

Other documents verifying that timber or timber products have been legally harvested are outlined in the Detailed Standards for Determining the Legality of Imported Timber and Timber Products (Korea Forest Service Notice No. 2018-73).

The Minister of the KFS may issue an order to suspend the sale of any timber or timber product that has not been proven to be legally harvested following an inspection or may order the return or destruction of such timber or timber products.

Penalties

Any timber or timber product unproven to be legally felled under the Enforcement Decree inspection may face a sale suspension, return, or destruction order. Non-compliance may result in up to three years of imprisonment or a fine of up to 30 million Korean won (KRW).

If the representative, agent, employee, or any other servant of a corporation, or an individual engages in any activity in violation of the Act with respect to the business of the corporation or individual, both the violator and the corporation/individual are subject to a fine (Article 46).

Administrative fines may be imposed for up to 10 million KRW (Article 47).