On the website of the Ministry of Commerce (MOFCOM), the January 31 announcement of the Ministry of Commerce, General Administration of Customs and Equipment Development Department of the Central Military Commission No. 31 of 2024 on optimizing and adjusting export control measures for unmanned aerial vehicles (UAVs) was published.
On July 31, 2023, the Chinese government issued relevant policies on drone export control. Over the past year, the Ministry of Commerce, together with relevant departments, has extensively listened to the opinions and suggestions of various stakeholders, conducted serious assessments in accordance with the provisions of the Export Control Law, and made decisions on optimization and adjustment in light of the development needs of the situation. This adjustment reflects the concept of coordination of development and security control, which is conducive to better safeguarding China's national security and interests, better fulfilling international obligations such as non-proliferation, and ensuring the safety and stability of the global industrial chain and supply chain, the Ministry of Commerce said.
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Full text follows:
In accordance with the relevant provisions of the Export Control Law of the People's Republic of China, the Foreign Trade Law of the People's Republic of China and the Customs Law of the People's Republic of China, in order to safeguard national security and interests, with the approval of the State Council and the Central Military Commission, it is decided to adjust the export control measures for specific unmanned aerial vehicles and related items. The relevant matters are announced as follows:
1. Items that meet the following characteristics shall not be exported without permission:
(i) Aviation engines with a maximum continuous power exceeding 16 kilowatts (kW) specially used for specific unmanned aerial vehicles or unmanned airships (reference customs commodity numbers: 8501200010, 8501320010, 8501330010, 8501340010, 8501400010, 8501520010 、8501530010、8407101010、8407102010、8408909230、8408909320、8411111010、8411119010、8411121010、8411129020、8411210010、8411221010、8411222010、8411223010、8411810002).
(ii) Payloads that meet certain technical indicators and are specifically used for specific unmanned aerial vehicles or unmanned airships, including infrared imaging equipment, synthetic aperture radar, lasers for target indication, and inertial measurement equipment.
1. Infrared imaging equipment having all of the following characteristics (reference customs commodity numbers: 8525891110, 8525892110, 8525893110):
(1) Wavelength range between 780 nanometers (nm) and 30,000 nanometers (nm);
(2) Instantaneous field of view (IFOV) less than 2.5 milliradians (mrad).
2. Synthetic aperture radar (SAR) with a range greater than 5 kilometers (km) and any of the following characteristics (reference customs commodity number: 8526109011):
(1) Strip mode resolution better than 0.3 meters (m);
(2) Spotlight mode resolution better than 0.1 meters (m).
3. Lasers for target indication that can operate stably in an environment above 55 degrees Celsius (℃) and have all of the following characteristics (reference customs commodity number: 9013200093):
(1) Temperature control-free type;
(2) Energy greater than 80 millijoules (mJ);
(3) Stability better than 15%;
(4) Beam divergence less than 0.3 milliradians (mrad).
4. Inertial measurement equipment with all of the following characteristics (reference customs commodity number: 9014209014):
(1) Heading accuracy less than 2 degrees (°);
(2) Attitude accuracy less than 0.5 degrees (°);
(3) Resolution less than 0.1 degrees (°).
(III) Radio communication equipment specifically used for specific unmanned aerial vehicles or unmanned airships and having any of the following characteristics (reference customs commodity numbers: 8517629910, 8517691002, 8526920010):
1. Wireless television transmission distance greater than 50 kilometers (km);
2. One station can control more than 10 aircraft.
(IV) Civilian anti-UAV systems:
1. Anti-UAV electronic jamming equipment with an interference range greater than 5 kilometers (km) (reference customs commodity number: 8543709960);
2. High-power lasers with an output power greater than 1.5 kilowatts (kW) specifically used for anti-UAV systems (reference customs commodity number: 9013200093).
Technical description: "Specific unmanned aerial vehicles or unmanned airships" refer to unmanned aerial vehicles or unmanned airships that meet the conditions listed in Article 1.1 of Announcement No. 31 of 2015 of the Ministry of Commerce and the General Administration of Customs (Announcement on Strengthening Export Control of Certain Dual-Use Items).
2. For all unmanned aerial vehicles that are not included in the export control list or are not subject to temporary control, the export operator shall not export them if it knows or should know that the export will be used for the proliferation of weapons of mass destruction, terrorist activities or military purposes. Violators shall be punished in accordance with Article 34 of the Export Control Law of the People's Republic of China.
3. Exporters shall go through the export license formalities in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial commerce department, fill in the export application form for dual-use items and technologies and submit the following documents:
(i) The original of the export contract or agreement or a copy or scanned copy consistent with the original;
(ii) The technical description or test report of the items to be exported;
(iii) Proof of end-user and end-use;
(iv) Introduction to the importer and end-user;
(v) Identity certificate of the legal representative, main business manager and agent of the applicant.
4. The Ministry of Commerce shall review the export application documents from the date of receipt, or review them together with relevant departments, and make a decision to grant or not grant the license within the statutory time limit.
The export of items listed in this announcement that have a significant impact on national security shall be reported to the State Council for approval by the Ministry of Commerce together with relevant departments.
5. If the license is granted after review, the Ministry of Commerce shall issue the export license for dual-use items and technologies (hereinafter referred to as the export license).
VI. The procedures for applying for and issuing export licenses, handling of special circumstances, and the retention period of documents and materials shall be implemented in accordance with the relevant provisions of Order No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs (Administrative Measures for Import and Export Licenses of Dual-Use Items and Technologies).
VII. Exporters shall submit export licenses to the customs, handle customs formalities in accordance with the provisions of the Customs Law of the People's Republic of China, and accept customs supervision. Customs shall handle the inspection and release procedures based on the export license issued by the Ministry of Commerce.
VIII. If exporters export without permission, export beyond the scope of permission, or have other illegal circumstances, the Ministry of Commerce or the customs and other departments shall impose administrative penalties in accordance with the provisions of relevant laws and regulations. If a crime is constituted, criminal liability shall be pursued in accordance with the law.
IX. This announcement shall be officially implemented from September 1, 2024. Announcements No. 27 and No. 28 of 2023 of the Ministry of Commerce, the General Administration of Customs, the State Administration of Science, Technology and Industry for National Defense, and the Equipment Development Department of the Central Military Commission shall be abolished at the same time.
Ministry of Commerce General Administration of Customs Equipment Development Department of the Central Military Commission
July 31, 2024
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