China: New export restrictions for aviation & aerospace sectors

Date of publication: July 8th, 2024
China Customs, the Ministry of Commerce, and the Equipment Development Department of the Central Military Commission have issued a joint announcement imposing new restrictions on export of certain components and technologies in the sectors of aviation and aerospace, starting from July 1st, 2024.
This regulation controls the export of dual-use items and technologies that could potentially be used for military or malicious purposes. By implementing these controls, China seeks to prevent the unauthorized transfer of sensitive technologies and ensure that exports are in line with its national security and foreign policy objectives. By introducing these controls, China expects to promote a more secure and stable global trade environment.
Major changes have been applied to Commodities, HS Codes and related sectors.
Export of following commodities will now require an export license from the Ministry of Commerce.
Commodity
HS Code
Industry
Aerospace structural parts and engine manufacturing related equipment, software, and technology
8203200010, 8204110010, 8204120010, 8205400010, 8205900010, 8206000010
Fabricated Metal Products
8480419010
Machinery
7326901910
Metal Industry
Gas turbine engine/gas turbine
manufacturing related equipment, software, and technology
6804219010, 6804229010
Construction
6903100010, 6903200010, 6903900010, 6909110010, 6909120010, 6909190010
7326901920, 7326901930
Metal Industry
7616991020
8205900020, 8205900030, 8207201010, 8207209010, 8207300030
Fabricated Metal Products
8428909030,8454301010,
8454309010,8466200010, 8480419020,
8480490010, 8480600010
Machinery
9031809081, 9031809082
Pharmaceuticals, Medical Products and Equipment
Spacesuit window related equipment, software, and technology
8480719020
Machinery
Ultra-high molecular weight polyethylene fiber related items
5402491010, 5501900010, 5503909010, 5806409010
Textile

Export licensing procedure

Exporters need to meet the requirements below to obtain the export license.
Procedure
Details
1. Submit Application
Submit an application to the Ministry of Commerce through the provincial- level competent department of commerce, fill in the application form for the export of dual-use items and technologies.
2. Required Documents
(1) Original or copy of export contract or agreement, (2) Technical description or test report, (3) End-user and end-use certification, (4) Introductions of importers and end-users, (5) Identity certificate of applicant's |legal representative, main business manager, and handler.
3. Ministry of Commerce Examination
Conduct an examination of the export application documents, make a decision on whether to approve or disapprove the license within the statutory time limit.
4. License Issuance
Issue an export license for dual-use items and technologies if approved.
5. Special Circumstances
Handle special circumstances, retention period of documents and materials in accordance with Decree No. 29 of 2005.
6. Customs Formalities
Exporters shall issue export licenses to Customs, go through customs formalities, and accept customs supervision. Customs shall go through inspection and release procedures with the export license.
7. Penalties for Non-Compliance
Impose administrative penalties for exporting without permission, exporting beyond the scope of the license, or other illegal circumstances. Pursue criminal responsibility if a crime is constituted.

Conclusion

By introducing these controls, China seeks to promote responsible trade practices and prevent the diversion of dual-use items to unauthorized end-users or end-uses. Exporters must comply with the new regulations, including obtaining export licenses and providing detailed documentation, to avoid penalties and reputational damage.
Recognizing the importance of these changes for our clients, we have already made them available on ONESOURCE Global Trade Content (GTC).
For more information on how ONESOURCE Global Trade solutions can assist you in adopting our Global Trade Content, please contact your Account Manager or Client Services Manager