Competent commercial departments of provinces, autonomous regions, municipalities directly under the Central Government, separately planned cities and Xinjiang Production and Construction Corps:
In order to fully implement the spirit of the Party's 20 National Congress, in accordance with the provisions of the Export Control Law of the People's Republic of China and relevant administrative regulations and rules, and in combination with the new situation found in the current work, we hereby further improve the export control of dual-use items as follows:
First, adhere to the overall national security concept, and maintain national security throughout the whole process of export control in all aspects
两用物项出口管制工作应当坚持以习近平新时代中国特色社会主义思想为指导，We will thoroughly implement the guiding principles of the Party's 20 National Congresses，Adhere to the overall approach to national security，Balance development and security，Balance openness and security，We will accelerate the improvement of the modernized export control system，We will improve the effectiveness of export control governance，Regulate and promote compliant trade，Guard against and respond to risks and challenges，We will ensure a new development pattern with a new security pattern，We will better safeguard China's sovereignty, security and development interests。
Second, conscientiously implement export control laws and regulations, and accurately grasp the scope of export control
Provincial commercial authorities should further improve their political position，Promote law-based administration，Fully recognize the importance of export control to safeguard national security and interests，Make full use of various channels and methods，Intensify publicity and training，Guide the export operators of dual-use items under their jurisdiction to study carefully and strictly abide by the relevant laws, administrative regulations, rules and policies of export control，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 it belongs to the "People's Republic of China Export Control Law" article 12, paragraph 3, should apply for permission from the Ministry of Commerce。Where it is really impossible to determine, the export business operator may submit a consultation to the Ministry of Commerce。
3. Strictly implement licensing procedures and comply with end-user and end-use regulations
The provincial competent commerce departments shall continue to do a good job in the transfer of dual-use item export application materials within the jurisdiction, and seriously guide the dual-use item export operators within the jurisdiction to submit true, complete and accurate dual-use item export application materials to the Ministry of Commerce in strict accordance with the relevant laws, administrative regulations and rules of export control。Without permission, export managers 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 items prohibited from export。Importers and end users shall strictly abide by the regulations on end-user and end-use management, and shall not illegally modify, change, or transfer relevant items for non-civilian purposes, or transfer them to any third party without authorization。If it is really necessary to change the approved scope of the license such as the end user or end use, an application shall be filed with the Ministry of Commerce according to law。For violations of relevant regulations and requirements, the Ministry of Commerce will be dealt with and punished according to law。
Fourth, establish a sound internal compliance system to effectively prevent and defuse trade risks
Provincial-level commerce departments shall actively promote the export operators of dual-use items within their jurisdiction，According to the Guiding Opinions of the Ministry of Commerce on the Establishment of an Internal Compliance Mechanism for Export Control by Export Operators of Dual-Use Items，Establish and improve the internal compliance system for export control of dual-use items in a timely manner，Give full play to the main responsibilities，Conduct a comprehensive assessment of possible export control risks，Proactively identify sensitive users, sensitive uses and other business links prone to violation risks，Enhance vigilance against illegal procurement by overseas entities，Effectively guard against and defuse trade risks。Timely remind relevant organizations and individuals not to provide agents, freight, delivery, customs declaration, third-party e-commerce trading platforms and financial services for export operators engaged in dual-use items export control violations。
5. Implement facilitation measures such as general licensing to facilitate and promote compliant trade
The provincial commercial authorities should actively guide the export operators of dual-use items within the jurisdiction to make full use of relevant policy facilitation measures。For export operators that have established an internal compliance system for the export control of dual-use items and run well, the Ministry of Commerce may, in accordance with their application, apply general licensing and other facilitation measures to the export of specific dual-use items to encourage the expansion of compliance 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, customs clearance and so on, optimize government services, and maximize the benefit of enterprises and convenience of the people。
6. Strengthen export control supervision and law enforcement, and seriously investigate and punish violations of laws and regulations
The Ministry of Commerce alone or in conjunction with relevant departments to carry out regular law enforcement inspections, timely to carry out special law enforcement actions, provincial commerce departments should actively provide assistance, relevant organizations and individuals should cooperate。For those found to have illegal risks, the Ministry of Commerce may take regulatory talks to the relevant organizations and individuals, issue warning letters and other measures, and be seriously dealt with and punished according to law if it is found that there are illegal acts。If the export business operators actively cooperate with the investigation and take the initiative to take remedial measures, the Ministry of Commerce may, as appropriate in accordance with law, impose a lighter punishment on their violations of laws and regulations。For goods, technologies and services not included in the export control list of dual-use items and those under temporary control, where the export operator finds or receives notice from the Ministry of Commerce that the relevant export may endanger the security and interests of the State, 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 according to law。Provincial-level commercial authorities should promptly supervise and guide。
7. Strengthen organizational implementation and help solve enterprise demands in a timely manner
Provincial commercial authorities should attach great importance to strengthening the awareness of rule of law and service awareness, and take effective measures to ensure the smooth progress of relevant work。It is necessary to make greater efforts to guide the export operators of dual-use items in the jurisdiction to respect the law and abide by the law, encourage them to make full use of relevant policy facilitation measures, and actively prevent and resolve trade risks。For the difficulties and problems reported by the export operators of dual-use items, they should take the initiative to understand, timely study, and do their best to help solve, and timely report major cases to the Ministry of Commerce (Safety and Control Bureau).。
General Office of the Ministry of Commerce
February 12, 2023