China has imposed temporary export controls on some drones and DRone-related items

China has imposed temporary export controls on some drones and DRone-related items。

The Ministry of Commerce, the General Administration of Customs, the State Administration of Science and Industry for National Defense and the Equipment Development Department of the Central Military Commission issued a notice on the implementation of export control on some UAVs.

The announcement pointed out that 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, The State Council and the Central Military Commission approved the decision to implement temporary export control on specific unmanned aerial vehicles.

The announcement details are as follows:

1/ Unmanned aerial vehicles whose performance indicators do not meet the existing control indicators, but have met the following indicators (refer to the Customs commodity number: 8806100010, 8806221011, 8806229010, 8806231011, 8806239010, 8806241011, 8806249010, 8806291011, 8806921011, 8806929010 8806931011, 8806939010, 8806941011, 8806949010, 8806990010), without permission, shall not be exported:

An unmanned aerial vehicle or unmanned airship capable of controlled flight beyond the operator’s natural visual range, with a maximum endurance of 30 minutes or more and a maximum take-off weight of 7 kilograms (kg) or an empty weight of 4 kilograms (kg), having any of the following characteristics:

(1) The power of airborne radio equipment exceeds the power limit value approved and certified for international civil radio products;

(2) carrying a load with the function of throwing or its own throwing device;

(3) carry a hyperspectral camera, or carry a multi-spectral camera supporting bands other than 560 nm (nm), 650 nm (nm), 730 nm (nm), 860 nm (nm);

(4) carry infrared camera noise equivalent temperature difference (NETD) less than 40 millikelvins (mK);

(5) The laser ranging positioning module carried meets any of the following requirements:

a,The laser ranging and positioning module belongs to class 3R, Class 3B or Class 4 laser products stipulated by GB7247.1-2012;

b,The carried laser ranging positioning module belongs to the Class 1 laser products specified in GB7247.1-2012, and can reach the emission limit (AEL) greater than or equal to 263.89 nanojoules (nJ), the reference aperture is greater than 22 mm (mm), and the maximum laser pulse transmission power is greater than 52.78 watts (W) in 5 nanoseconds;

c. The carried laser ranging positioning module belongs to the 1M class of laser products specified in GB7247.1-2012, and can reach the emission limit (AEL) greater than or equal to 339.03 nanojoules (nJ), the reference aperture is greater than 19 mm (mm), and the maximum laser pulse transmission power is greater than 67.81 watts (W) in 5 nanoseconds.

(6) Can support non-certified load.

“Existing control indicators” means the technical indicators stipulated in Announcement No. 20 of 2015 of the Ministry of Commerce, the General Administration of Customs, the State Administration of Science and Industry for National Defense and the Equipment Development Department of the Central Military Commission (” Announcement on the Implementation of Temporary Export Control of Dual-Use Unmanned Aerial Vehicles “). And the technical indicators stipulated in Announcement No. 31 of 2015 of the Ministry of Commerce and the General Administration of Customs (Announcement on Strengthening the Export Control of Some Dual-Use Items). The export of drones that meet these two categories of indicators shall obtain an export license in accordance with the requirements of the above announcement.

2/During the period of temporary control, all unmanned aerial vehicles whose indicators do not meet the existing control indicators and the indicators specified in Article 1 shall not be exported if the exporter knows or should know that the export will be used for the proliferation of weapons of mass destruction, terrorist activities or military purposes.

3/ Export operators shall go through the export licensing procedures in accordance with relevant provisions, apply to the Ministry of Commerce through the provincial competent department of Commerce, fill in the application form for the export of dual-use items and technologies and submit the following documents:

(1) the original of the export contract or agreement or photocopies or scans consistent with the original;

(2) Technical description or test report of the item to be exported;

(3) End-user and end-use certificates;

(4) Introduction of importers and end users;

(5) the identity certificate of the applicant’s legal representative, main business manager and handling person.

4/The Ministry of Commerce shall, from the date of receipt of the export application documents, examine them, or jointly examine them with relevant departments, and make a decision on approval or disapproval within the statutory time limit.

The export of the items listed in this announcement which have a major impact on national security shall be submitted to The State Council for approval by the Ministry of Commerce together with other relevant departments.

5/After examination and approval, the Ministry of Commerce shall issue the export license for dual-use items and technologies (hereinafter referred to as the export license).

6/ export license application and issuance procedures, special cases, documents and information retention period, in accordance with the Ministry of Commerce, General Administration of Customs Order No. 29 in 2005 (” Dual-Use items and Technologies Import and Export License Administration Measures “) the relevant provisions.

7/ An export operator shall present an export license to the Customs, complete customs formalities in accordance with the provisions of the Customs Law of the People’s Republic of China, and accept customs control. The Customs shall handle the examination and release formalities on the basis of the export license issued by the Ministry of Commerce.

8./Where an exporter exports without permission, beyond the scope of the license or commits other illegal acts, the Ministry of Commerce, the Customs and other departments shall impose administrative penalties in accordance with the provisions of relevant laws and regulations. If the case constitutes a crime, criminal responsibility shall be investigated according to law.

9/This announcement shall come into effect as of September 1, 2023. The period of temporary control shall not exceed two years.

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