Notice of the Ministry of Commerce on Further Doing a Good Job in Export Control of Dual-Use Items

Release time:

2023-03-02 13:45

The competent commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and Xinjiang Production and Construction Corps:

In order to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, in accordance with the the People's Republic of China Export Control Law and relevant administrative regulations and rules, and in light of the new situations discovered in the current work, you are hereby notified of the following to further improve the export control of dual-use items:

PART01

Adhere to the overall concept of national security and maintain national security throughout the entire process of export control in all aspects.

The export control of dual-use items should adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the Party's 20th National Congress, adhere to the overall national security concept, coordinate development and security, coordinate opening and security, and accelerate the improvement of modern exports Control system, enhance the effectiveness of export control governance, standardize and promote compliant trade, prevent and respond to risks and challenges, and ensure the new development pattern with a new security pattern, better safeguard national sovereignty, security and development interests.

PART02

Conscientiously implement export control laws and regulations and accurately grasp the scope of export control

All provincial commerce departments should further improve their political positions, promote administration according to law, fully understand the importance of export control to safeguarding national security and interests, make full use of various channels and methods, increase publicity and training, and guide the dual-use items within their jurisdiction Export operators earnestly study and strictly abide by the relevant laws, administrative regulations, rules and policies of export control, and be familiar with the scope of export control of dual-use items, accurately determine whether the goods, technologies and services to be exported are dual-use items, and whether they fall under the circumstances that the Ministry of Commerce should apply for a license as stipulated in Article 12, paragraph 3, of the the People's Republic of China Export Control Law. If it is really impossible to distinguish, the export operator may consult the Ministry of Commerce.

PART03

Rigorous licensing procedures and compliance with end-user and end-use regulations

The competent departments of commerce at the provincial level shall continue to do a good job in the transfer of application materials for the export of dual-use items within their jurisdiction, and conscientiously guide the export operators of dual-use items within their jurisdiction to submit true, complete and accurate application materials for the export of dual-use items to the Ministry of Commerce in strict accordance with the provisions of relevant laws, administrative regulations and rules on export control. Without permission, export operators shall not export dual-use items without authorization, shall not export dual-use items beyond the approved scope of end-users, end-uses, etc., and shall not export prohibited items. Importers and end-users shall strictly abide by the end-user and end-use management regulations, and shall not illegally modify, change, or transfer related items for non-civilian purposes, and shall not transfer to any third party without authorization. If it is really necessary to change the scope of the approved license, such as the end-user or end-use, an application shall be submitted to the Ministry of Commerce in accordance with the law. The Ministry of Commerce will deal with and punish those who violate the relevant regulations and requirements in accordance with the law.

PART04

Establish and improve the internal compliance system to effectively prevent and resolve trade risks

The provincial commerce authorities should actively promote the dual-use items export operators within their jurisdiction, in accordance with the "Ministry of Commerce on the dual-use items export operators to establish an internal compliance mechanism for export control guidance", timely establish and improve the dual-use items Export control internal compliance system, give full play to the main responsibility, conduct a comprehensive assessment of possible export control risks, and actively identify sensitive users, sensitive uses and other business links that are prone to violations, increase vigilance against illegal procurement by overseas entities and effectively prevent and mitigate trade risks. Timely remind relevant organizations and individuals not to provide services such as agency, freight, delivery, customs declaration, third-party e-commerce trading platform and finance for export operators engaged in illegal acts of export control of dual-use items.

PART05

Implement facilitation measures such as general licensing to facilitate and promote compliant trade

The competent commercial departments at the provincial level should actively guide the export operators of dual-use items within their jurisdiction to make full use of relevant policies and convenient measures. For export operators that have established an internal compliance system for export control of dual-use items and are operating well, the Ministry of Commerce may, in accordance with their applications, apply general licensing and other facilitation measures to the export of specific dual-use items to encourage the expansion of compliant trade. It is necessary to make full use of the e-government platform to realize the whole process of dual-use item license application, review, issuance, and customs clearance, optimize government services, and maximize the convenience of enterprises.

PART06

Strengthen export control supervision and law enforcement, and seriously investigate and deal with violations of laws and regulations.

The Ministry of Commerce alone or in conjunction with relevant departments to carry out regular law enforcement inspection, timely carry out special law enforcement actions, the provincial commerce departments should actively provide assistance, relevant organizations and individuals should cooperate. If it is found that there is a risk of breaking the law in the relevant acts, the Ministry of Commerce may take measures such as supervision talks and issuing warning letters to the relevant organizations and individuals, and if it is found that there are violations of laws and regulations, it shall be seriously dealt with and punished in accordance with the law. If an export operator actively cooperates with the investigation and takes the initiative to take remedial measures, the Ministry of Commerce may, in accordance with the law, impose a lighter punishment on its violations of laws and regulations. For the goods, technologies and services other than the controlled items listed in the export control list of dual-use items and the temporarily controlled items, if the exporter discovers or receives a notice from the Ministry of Commerce that the relevant export may endanger the national security and interests, it shall immediately stop the export and take measures to reduce or eliminate the harmful consequences. If it is really necessary to export, it shall apply to the Ministry of Commerce for permission in accordance with the law. The provincial commerce departments shall supervise and give guidance in a timely manner.

PART07

Strengthen the organization and implementation, timely help to solve the demands of enterprises

All provincial-level commercial authorities must attach great importance to strengthen the awareness of the rule of law and service, and take effective measures to ensure the smooth progress of related work. It is necessary to make greater efforts to guide the export operators of dual-use items within their jurisdiction to abide by the law, study and abide by the law, encourage them to make full use of relevant policies and convenient measures, and actively prevent and resolve trade risks. For the difficulties and problems reflected by the exporters of dual-use items, they should take the initiative to understand, study in a timely manner, and try their best to help solve them. Major situations should be reported to the Ministry of Commerce (Safety and Control Bureau) in a timely manner.

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