Deciding to implement temporary export controls on specific unmanned aerial vehicles, four departments: for the maintenance of national security and interests of the country | export | unmanned aerial vehicles

Release time:Apr 14, 2024 12:11 PM

Announcement No. 28 of 2023 issued by the Equipment Development Department of the Central Military Commission of the State Administration of Science and Technology for National Defense, the General Administration of Customs of the Ministry of Commerce, and the State Administration of Science and Technology for National Defense, regarding the implementation of temporary export controls on some unmanned aerial vehicles

According to the relevant provisions of the Export Control Law of the People's Republic of China, the Foreign Trade Law of the People's Republic of China, and the Customs Law of the People's Republic of China, in order to maintain national security and interests, with the approval of the State Council and the Central Military Commission, it is decided to implement temporary export controls on specific unmanned aerial vehicles. The relevant matters are announced as follows:

1. unmanned aerial vehicles whose performance indicators do not meet the existing control indicators, but have achieved the following indicators, they may not be exported without permission:

An unmanned aerial vehicle or unmanned airship capable of controlled flight beyond the operator's natural line of sight, with a maximum endurance of 30 minutes or more, and a maximum take-off weight greater than 7kg or an empty weight greater than 4kg, and having any of the following characteristics:

The power of airborne radio equipment exceeds the power limit value approved and certified by international civil radio products;

Carrying payload with throwing function or built-in throwing device;

Carry a hyperspectral camera or a multispectral camera that supports wavelengths other than 560 nanometers, 650 nanometers, 730 nanometers, and 860 nanometers;

The noise equivalent temperature difference of the infrared camera carried is less than 40 milliKelvin;

The carried laser ranging and positioning module meets any of the following requirements:

1. The carried laser ranging and positioning module belongs to the 3R, 3B or 4 laser products specified in GB7247.1-2012;

2. The carried laser ranging and positioning module belongs to Class 1 laser products specified in GB7247.1-2012, and can achieve an emission limit of 263.89 nanojoules or more, a reference aperture of more than 22 millimeters, and a maximum laser pulse emission power of more than 52.78 watts within 5 nanoseconds;

3. The carried laser ranging and positioning module belongs to the 1M class laser product specified in GB7247.1-2012, and can achieve an emission limit of 339.03 nanojoules or more, a reference aperture of more than 19 millimeters, and a maximum laser pulse emission power of more than 67.81 watts within 5 nanoseconds.

Can support non certified payloads.

The existing control indicators refer to the technical indicators specified in Announcement No. 20 of 2015 of the Ministry of Commerce, the General Administration of Customs, the State Administration of Science and Technology for National Defense, and the Equipment Development Department of the Central Military Commission, as well as the technical indicators specified in Announcement No. 31 of 2015 of the Ministry of Commerce and the General Administration of Customs. The export of drones that meet these two indicators should obtain an export license in accordance with the requirements of the above announcement.

2. During the period of temporary control, all unmanned aerial vehicles whose indicators do not meet the existing control indicators and the indicators specified in Article 1 shall not be exported if the exporter knows or should know that the export will be used for the proliferation of weapons of mass destruction, terrorist activities or military purposes.

3. export operators shall go through the export licensing formalities in accordance with the relevant provisions, submit an application to the Ministry of Commerce through the provincial competent department of commerce, fill in the application form for the export of dual-use items and technologies and submit the following documents:

The original of the export contract or agreement, or a copy or scanned copy consistent with the original;

Technical description or testing report of the intended export item;

End user and end-use proof;

Introduction to importers and end users;

Identification documents of the applicant's legal representative, main business manager, and agent.

The Ministry of Commerce of the 4. shall, from the date of receipt of the export application documents, or jointly with the relevant departments, conduct the examination, and make a decision on granting or disapproving the license within the statutory time limit.

The export of items listed in this announcement that have a significant impact on national security shall be submitted to the State Council for approval by the Ministry of Commerce in conjunction with relevant departments.

If the 5. approves the license after examination, the Ministry of Commerce shall issue a license for the export of dual-use items and technologies.

The procedures for the application and issuance of 6. export licenses, the handling of special circumstances, and the retention period of documents and materials shall be implemented in accordance with the relevant provisions of Order No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs.

7. export business operators shall issue export licenses to the customs, go through customs formalities in accordance with the provisions of the the People's Republic of China Customs Law, and accept customs supervision. Customs shall go through the formalities of inspection and release on the basis of the export license issued by the Ministry of Commerce.

If an 8. exporter exports without permission, exports beyond the scope of permission or has other illegal circumstances, the Ministry of Commerce or the Customs shall impose administrative penalties in accordance with the provisions of relevant laws and regulations. If a crime is constituted, criminal responsibility shall be investigated according to law.

9. This announcement will be formally implemented as of September 1, 2023. Temporary control shall be implemented for a period not exceeding two years.

Ministry of Commerce General Administration of Customs State Administration of Science, Technology and Industry for National Defense Equipment Development Department of the Central Military Commission

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