【Issued by】Security and Control Bureau
【Issuance Number】Ministry of Commerce, General Administration of Customs Announcement No. 39 [2023].
Date of issue: October 20, 2023
In accordance with 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 safeguard national security and interests, with the approval of the State Council, it has been decided to optimize and adjust the scope of items listed in the Announcement No. 50 of 2006 of the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense and the General Administration of Customs ("Decision to Implement Temporary Export Control Measures for Graphite-related Products"), and implement export control on some items. The relevant matters are announced as follows:
1. Items that meet the following characteristics shall not be exported without permission:
(1) Artificial graphite materials and their products of high purity (purity > 99.9%), high strength (flexural strength> 30Mpa) and high density (density > 1.73 g/cm3) (refer to customs commodity code: 3801100030, 3801909010, 6815190020).
(2) Natural flake graphite and its products (including spheroidal graphite, expanded graphite, etc.) (refer to customs commodity numbers: 2504101000, 2504109100, 3801901000, 3801909010, 3824999940, 6815190020).
2. In addition to the above-mentioned items, the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense, and the General Administration of Customs Announcement [2006] No. 50 ("Decision to Implement Temporary Export Control Measures for Graphite-related Products") will cancel the temporary export control.
3. Exporters shall go through the export licensing formalities in accordance with the relevant regulations, 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, and submit the following documents:
(1) The original of the export contract or agreement, or a copy or scanned copy consistent with the original;
(2) The technical description or test report of the item to be exported;
(3) end-user and end-use certification;
(iv) Introductions of importers and end-users;
(5) The identity certificate of the applicant's legal representative, main business manager and handler.
4. The Ministry of Commerce shall conduct an examination from the date of receipt of the export application documents, or in conjunction with the relevant departments, and make a decision on whether to grant or disapprove the license within the statutory time limit.
The Ministry of Commerce, in conjunction with relevant departments, shall report to the State Council for approval for the export of items listed in this announcement that have a significant impact on national security.
5. If the license is approved after examination, the Ministry of Commerce shall issue an export license for dual-use items and technologies (hereinafter referred to as the export license).
6. The procedures for applying for and issuing export licenses, handling special circumstances, and the retention period of documents and materials shall be implemented in accordance with the relevant provisions of Decree No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs (Administrative Measures for the Import and Export Licenses of Dual-Use Items and Technologies).
7. Exporters shall issue export licenses to the Customs, go through customs formalities in accordance with the provisions of 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.
8. Where an exporter exports without permission, exports beyond the scope of the license, or commits other illegal circumstances, the Ministry of Commerce or the Customs and other departments shall impose administrative penalties in accordance with the provisions of relevant laws and regulations. where a crime is constituted, criminal responsibility is pursued in accordance with law.
9. This announcement shall be officially implemented as of December 1, 2023, and the Announcement No. 50 of 2006 of the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense, and the General Administration of Customs ("Decision to Implement Temporary Export Control Measures for Graphite-related Products") shall be repealed at the same time.
