According to the website of the Ministry of Commerce, in accordance with the relevant provisions of the Export Control Law of the China, the Foreign Trade Law of the China, and the Customs Law of the China, in order to safeguard national security and interests, the State Council and the Central Military Commission approved the decision to implement temporary export controls on certain unmanned aerial vehicles.

The full text is as follows:

Announcement No. 28 of 2023 of the Equipment Development Department of the Central Military Commission of the State Administration of National Defense Science and Technology, General Administration of Customs, Ministry of Commerce, on the Implementation of Temporary Export Control on Some Unmanned Aerial Vehicles

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

1、 Unmanned aerial vehicles with performance indicators that do not meet existing control indicators but have met the following indicators (refer to customs product numbers: 8806100010, 8806221011, 8806229010, 8806231011, 8806239010, 8806241011, 8806291011, 8806299010, 8806921011, 8806929010, 8806931011, 8806929010, 8806931011, 8806939010, 8806941011, 8806949010, 8806990010) shall not be exported without permission:

Unmanned aerial vehicles or unmanned airships that can fly beyond the natural sight distance of the operator, have a maximum endurance of 30 minutes or more, and have a Maximum takeoff weight of more than 7 kilograms (kg) or an empty aircraft weight of more than 4 kilograms (kg), and have any of the following characteristics:

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

（2） Carrying a load with throwing function or a built-in throwing device;

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

（4） The noise equivalent temperature difference (NETD) of the infrared camera carried is less than 40 millikelvin (mK);

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

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

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

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

（6） Can support non certified loads.

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 Custms, the State Administration for National Defense Science and Technology, and the Equipment Development Department of the Central Military Commission (Announcement No. 20 of 2015 on the Implementation of Temporary Export Control on Military and Civil Dual Use Unmanned Aerial Vehicles), as well as the technical indicators specified in Announcement No. 31 of 2015 of the Ministry of Commerce and the General Administration of Customs (Announcement No. 31 of 2015 on Strengthening Export Control of Certain Dual Use Items). 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 fail to meet the existing control indicators and the indicators specified in Article 1 may not be exported if the export operator knows or should know that the export will be used for the proliferation of Weapon of mass destruction, terrorist activities or military purposes.

3、 Export operators shall handle export license procedures in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial competent commerce department, fill out the export application form for dual-use items and technologies, and submit the following documents:

（1） The original export contract or agreement, or a copy or scanned copy that is consistent with the original;

（2） Technical description or testing report of the intended export item;

（3） End user and end-use certification;

（4） Introduction to importers and end users;

（5） Identification documents of the applicant's legal representative, main business manager, and handler.

4、 The Ministry of Commerce shall conduct an examination from the date of receiving the export application documents, or jointly with relevant departments, and make a decision on whether to grant or not to grant 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.

5、 After examination and approval, 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 license documents, handling 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 ("Measures for the Administration of Import and Export Licenses for Dual Use Items and Technologies").

7、 Export business operators shall issue export license to the customs, go through customs formalities in accordance with the provisions of the Customs Law of the China, and accept customs supervision. The customs shall handle the inspection and release procedures with the export license issued by the Ministry of Commerce.

8、 If an export operator exports without permission, exceeds the permitted scope, or has other illegal situations, the Ministry of Commerce or customs and other departments shall impose administrative penalties in accordance with relevant laws and regulations. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

9、 This announcement will be officially implemented from September 1, 2023. The implementation period of temporary control shall not exceed two years.

Equipment Development Department of the Central Military Commission of the National Defense Science and Industry Bureau of the General Administration of Customs of the Ministry of Commerce

July 31, 2023

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