China Issues Announcement on Export Controls for Aerospace-Related Items
Published 8 June 2024
Yu Du
On 30 May 2024, the Ministry of Commerce (MOFCOM), General Administration of Customs, and Equipment Development Department of the Central Military Commission issued Announcement No. 21 of 2024 (Announcement), commencing operation on 1 July 2024. This Announcement outlines the implementation of export controls on certain items, in accordance with the PRC Export Control Law, the PRC Foreign Trade Law, and the PRC Customs Law to safeguard national security and interests, and to fulfill international obligations related to non-proliferation. Below are the key points of the Announcement.
Controlled Items
1) Aerospace structural components, engines, and related equipment including tools, molds, jigs, and other equipment specifically designed for superplastic forming/diffusion bonding of titanium, aluminum, and their alloys, software specifically designed or modified for the development, production, or use of the aforementioned listed items, and technology and its carriers used for the development, production, or use of the aforementioned listed items, including design drawings, process specifications, process parameters, machining programs, and simulation data;2) Manufacturing equipment for gas turbine engines, including high-temperature alloy casting equipment and precision casting intermediate products, as well as tools, molds, jigs, and other manufacturing equipment specifically designed for producing these products, software specifically designed or modified for the development, production, or use of the aforementioned items, and the technology and its carriers;3) Equipment for the production of astronaut suit face windows, including molds specifically designed for manufacturing astronaut suit face windows, and software, technology, and their carriers specifically designed or modified for the development, production, or use of these items;4) Ultra-high molecular weight polyethylene fibers and related items, as well as the technology and its carriers for producing the aforementioned items.
Export Licensing Requirements
1) Exporters must apply for export licenses through provincial-level commerce departments;2) Required documents include: i) the original export contract or agreement, or copies/scans consistent with the original;ii) a technical description or inspection report of the proposed export items;iii) end-user and end-use certificates;iv) information about the importer and end-user; andv) identification of the applicant’s legal representative, principal management personnel, and the person handling the application.
Review and Approval Process
1) MOFCOM will review applications and, if necessary, consult with relevant departments.2) Items with significant implications for national security require approval from the State Council.3) MOFCOM will issue export licenses for approved applications.
Compliance and Penalties 1) Exporters must present export licenses to customs and comply with customs procedures.2) Violations of export control regulations may result in administrative penalties or criminal prosecution.
Comment
This Announcement signifies a robust effort by the Chinese government to enhance control over critical technologies and materials that have significant implications for national security. The inclusion of detailed technical specifications and the requirement for comprehensive documentation from exporters indicate a thorough approach to monitoring and regulating exports. Exporters in relevant industries are advised to comply with these new regulations to avoid severe penalties. Further, this Announcement underscores China’s commitment to fulfilling its international obligations, reflecting a strategic alignment with global non-proliferation efforts.
Controlled Items
1) Aerospace structural components, engines, and related equipment including tools, molds, jigs, and other equipment specifically designed for superplastic forming/diffusion bonding of titanium, aluminum, and their alloys, software specifically designed or modified for the development, production, or use of the aforementioned listed items, and technology and its carriers used for the development, production, or use of the aforementioned listed items, including design drawings, process specifications, process parameters, machining programs, and simulation data;2) Manufacturing equipment for gas turbine engines, including high-temperature alloy casting equipment and precision casting intermediate products, as well as tools, molds, jigs, and other manufacturing equipment specifically designed for producing these products, software specifically designed or modified for the development, production, or use of the aforementioned items, and the technology and its carriers;3) Equipment for the production of astronaut suit face windows, including molds specifically designed for manufacturing astronaut suit face windows, and software, technology, and their carriers specifically designed or modified for the development, production, or use of these items;4) Ultra-high molecular weight polyethylene fibers and related items, as well as the technology and its carriers for producing the aforementioned items.
Export Licensing Requirements
1) Exporters must apply for export licenses through provincial-level commerce departments;2) Required documents include: i) the original export contract or agreement, or copies/scans consistent with the original;ii) a technical description or inspection report of the proposed export items;iii) end-user and end-use certificates;iv) information about the importer and end-user; andv) identification of the applicant’s legal representative, principal management personnel, and the person handling the application.
Review and Approval Process
1) MOFCOM will review applications and, if necessary, consult with relevant departments.2) Items with significant implications for national security require approval from the State Council.3) MOFCOM will issue export licenses for approved applications.
Compliance and Penalties 1) Exporters must present export licenses to customs and comply with customs procedures.2) Violations of export control regulations may result in administrative penalties or criminal prosecution.
Comment
This Announcement signifies a robust effort by the Chinese government to enhance control over critical technologies and materials that have significant implications for national security. The inclusion of detailed technical specifications and the requirement for comprehensive documentation from exporters indicate a thorough approach to monitoring and regulating exports. Exporters in relevant industries are advised to comply with these new regulations to avoid severe penalties. Further, this Announcement underscores China’s commitment to fulfilling its international obligations, reflecting a strategic alignment with global non-proliferation efforts.