中国将对航空航天领域的技术、软件和设备实施出口管制措施

On May 30, 2024, the Ministry of Commerce of China (the “Ministry of Commerce”), the General Administration of Customs of China, and the Equipment Development Department of the Central Military Commission of China issued Announcement No. 21 of 2024 to implement export control measures on technology, software, and equipment in the aerospace sector (the “Measures”). The Measures will become effective on July 1, 2024. We have summarized the key provisions of the Measures in this post as follows:

Items Requiring Export License

Items with the following characteristics are prohibited from export without a license:

1. equipment, software, and technology related to the manufacture of aerospace structural components and engines;
2. equipment, software, and technology related to the manufacture of gas turbine engines/gas turbines;
3. equipment, software, and technology related to spacesuit face windows;
4. items related to Ultra-High Molecular Weight Polyethylene Fibers.

Export Licensing Procedures

Export operators must apply for export licenses in accordance with relevant regulations. Applications should be submitted to the Ministry of Commerce through provincial-level commerce authorities, using the dual-use items and technology export application form and providing the following documents:

1. Original or authenticated copies or scans of export contracts or agreements.
2. Technical specifications or test reports of the items to be exported.
3. End-user and end-use certificates.
4. Information on the importer and end-user.
5. Identification documents of the legal representative, principal managers, and handling personnel of the applicant.

Review, Issuance and Use of Export Licenses

The Ministry of Commerce shall review the export application documents upon receipt, or conduct a joint review with relevant governmental departments, and make a decision to grant or deny the license within the statutory time limit.

If a license is granted, the Ministry of Commerce should issue a dual-use items and technology export license (the “Export License”).

Export operators must present the Export License to customs and complete customs procedures in accordance with the “Customs Law of the People’s Republic of China,” and are subject to the supervision of customs. Customs will complete the clearance procedures based on the Export License issued by the Ministry of Commerce.