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China Latest Regulations on Export Control of Goods

Author : Bozhou Marine

Update time : 2022-01-05 16:24:11

Recently, the Ministry of Commerce and the General Administration of Customs jointly issued the "Announcement on the Implementation of Export Controls on Potassium Perchlorate", which will be officially implemented on April 1, 2022. The announcement made it clear that operators engaged in the export of potassium perchlorate must be registered with the Ministry of Commerce. Without registration, no unit or individual is allowed to export potassium perchlorate. Relevant registration conditions, materials, procedures and other matters shall be implemented in accordance with the "Administrative Measures for the Registration and Management of the Export of Sensitive Items and Technologies" (Order No. 35, 2002 of the Ministry of Foreign Trade and Economic Cooperation).

Announcement of the Ministry of Commerce of the People's Republic of China and the General Administration of Customs of the People's Republic of China
No. 46 of 2021

In accordance with the relevant provisions of the "Export Control Law of the People's Republic of China", "Foreign Trade Law of the People's Republic of China" and "Customs Law of the People's Republic of China", in order to maintain national security and interests, with the approval of the State Council, it was decided to implement potassium perchlorate (customs commodity code 2829900020) Export control is managed in accordance with the "Measures for the Export Control of Relevant Chemicals and Related Equipment and Technologies" (Order No. 33 of the General Administration of Customs of the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission, 2002). The relevant matters are announced as follows:

1. Operators engaged in the export of potassium perchlorate must be registered with the Ministry of Commerce. Without registration, no unit or individual is allowed to export potassium perchlorate. Relevant registration conditions, materials, procedures and other matters shall be implemented in accordance with the "Administrative Measures for the Registration and Management of the Export of Sensitive Items and Technologies" (Order No. 35, 2002 of the Ministry of Foreign Trade and Economic Cooperation).

2. The export business operator shall submit an application to the Ministry of Commerce through the provincial competent department of commerce, fill in the dual-use item and technology export application form and submit the following documents:

(1) The identity certificates of the applicant's legal representative, main business manager and manager;
(2) A copy of the contract or agreement;
(3) End-user and end-use certificate;
(4) Other documents required by the Ministry of Commerce.

3. The Ministry of Commerce shall conduct an examination from the date of receipt of the export application documents, or conduct an examination in conjunction with relevant departments, and make a decision to approve or disapprove the permit within the statutory time limit.

4. The Ministry of Commerce shall issue export licenses for dual-use items and technologies (hereinafter referred to as export licenses) if the license is approved after review.

5. The procedures for application and issuance of export licenses, handling of special circumstances, and the retention period of documents and materials, etc., shall be in accordance with the "Administrative Measures for the Import and Export License of Dual-use Items and Technologies" (Order No. 29, 2005 of the General Administration of Customs of the Ministry of Commerce) ) Implementation of relevant regulations.

6. The export business operator shall issue an export license to the customs, go through customs formalities in accordance with the "Customs Law of the People's Republic of China", and accept customs supervision. The customs shall go through the inspection and release procedures with the export license issued by the Ministry of Commerce.

7. If an export operator exports without permission, exports beyond the scope of the license, or has other illegal circumstances, the Ministry of Commerce or Customs shall impose administrative penalties in accordance with relevant laws and regulations; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

8. This announcement will be officially implemented on April 1, 2022.

Ministry of Commerce General Administration of Customs
December 29, 2021

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