In accordance with the “Export Control Law”, “Foreign Trade Law”, and “Customs Law” of the People’s Republic of China, and to safeguard national security and interests, the Ministry of Commerce, the General Administration of Customs, the State Administration for Science, Technology and Industry for National Defense, and the Equipment Development Department of the Central Military Commission, with the approval of the State Council and the Central Military Commission, have decided to implement export controls on certain items related to unmanned aerial vehicles (UAVs) or unmanned airships. The relevant matters are hereby announced as follows:
- Items with the following characteristics shall not be exported without permission:
- Aeronautical engines specifically designed for certain UAVs or unmanned airships with a maximum continuous power exceeding 16 kW.
- Payloads specifically designed for certain UAVs or unmanned airships that meet certain technical indicators, including infrared imaging devices, synthetic aperture radars, and lasers used for target indication.
- Radio communication equipment specifically designed for certain UAVs or unmanned airships and having certain characteristics.
- Civilian anti-UAV systems.
- Export operators should follow the relevant regulations to handle export permit procedures, and submit the application to the Ministry of Commerce through the provincial commerce department in charge, filling in the application form for the export of dual-use items and technologies and submitting the following documents:
- Original of the export contract or agreement or a photocopy or scanned copy consistent with the original.
- Technical description or test report of the items to be exported.
- Proof of the final user and final use.
- Introduction of the importer and the final user.
- Identity proof of the legal representative, main business management person, and handler of the applicant.
- The Ministry of Commerce should review the export application documents from the date of receipt, or review them in conjunction with relevant departments, and make a decision to permit or not to permit within the statutory time limit.
- If the review approves the permit, the Ministry of Commerce will issue a dual-use items and technology export license.
- The procedures for applying for and issuing export licenses, handling special situations, and the retention period of documents and materials shall be executed in accordance with the relevant provisions of the “Management Measures for Dual-use Items and Technology Import and Export Licenses” issued by the Ministry of Commerce and the General Administration of Customs.
- Export operators should present the export license to the customs, handle customs procedures in accordance with the “Customs Law” of the People’s Republic of China, and accept customs supervision.
- Export operators who export without permission, exceed the scope of permission, or have other violations shall be given administrative penalties by the Ministry of Commerce or the General Administration of Customs and other departments in accordance with the provisions of relevant laws and regulations. If a crime is constituted, criminal responsibility shall be investigated according to law.
- This announcement will be officially implemented from September 1, 2023.
