On November 15, 2024, the Ministry of Commerce, the Ministry of Industry and Information Technology, the General Administration of Customs, and the State Cryptography Administration jointly issued the "List of Dual-Use Items Subject to Export Control of the People's Republic of China" (Ministry of Commerce Announcement No. 51 of 2024), hereinafter referred to as the "Control List", which will be implemented starting from December 1, 2024.
The "Control List" systematically integrates the export control lists attached to existing regulations and rules such as the "Regulations of the People's Republic of China on the Export Control of Nuclear Dual-Use Items and Related Technologies," the "Regulation of the People's Republic of China on Controlling the Export of Guided Missiles and Related Items and Technologies," the "Regulation of the People's Republic of China on Controlling the Export of Dual-purpose Biological Products and Affiliated Equipment and Technologies," the "Measures for Controlling the Export of Relevant Chemical Products and Affiliated Equipments and Technologies," and the current "Regulation of the People's Republic of China on the Administration of Chemicals Subject to Supervision and Control". It also includes over ten dual-use item export control announcements issued by the Ministry of Commerce in conjunction with relevant departments, and is implemented in conjunction with the "Regulation of the People's Republic of China on the Export Control of Dual-use Items."
On the same day that the "Control List" is implemented, the following announcements will also be invalidated/no longer applicable:
- Ministry of Commerce and General Administration of Customs Announcement No. 5 of 2003 (Announcement on the Temporary Export Control of Tributyl Phosphate);
- Ministry of Commerce, General Administration of Customs, State Administration of Science, Technology and Industry for National Defense, and General Equipment Department Announcement No. 20 of 2015 (Announcement on Temporary Export Control Measures for Dual-Use Unmanned Aerial Vehicles);
- Ministry of Commerce and General Administration of Customs Announcement No. 31 of 2015 (Announcement on Strengthening Export Control of Certain Dual-Use Items);
- Ministry of Commerce and General Administration of Customs Announcement No. 28 of 2017 (Announcement on the Export Control of Dredging Ships);
- Ministry of Commerce and General Administration of Customs Announcement No. 46 of 2021 (Announcement on the Export Control of Potassium Perchlorate);
- Ministry of Commerce, General Administration of Customs, State Administration of Science, Technology and Industry for National Defense Announcement No. 31 of 2022 (Announcement on Export Control Measures for High-Pressure Water Cannon Products);
- Ministry of Commerce and General Administration of Customs Announcement No. 23 of 2023 (Announcement on the Export Control of Gallium and Germanium Related Items);
- Ministry of Commerce and General Administration of Customs Announcement No. 39 of 2023 (Announcement on Optimizing and Adjusting Temporary Export Control Measures for Graphite Items);
- Ministry of Commerce, General Administration of Customs, Central Military Commission Equipment Development Department Announcement No. 21 of 2024 (Announcement on Export Control Measures for Related Items);
- Ministry of Commerce, General Administration of Customs, Central Military Commission Equipment Development Department Announcement No. 31 of 2024 (Announcement on Optimizing and Adjusting Export Control Measures for Drones);
- Ministry of Commerce and General Administration of Customs Announcement No. 33 of 2024 (Announcement on the Export Control of Antimony and Other Items);
- Ministry of Commerce, State Cryptography Administration, General Administration of Customs Announcement No. 63 of 2020 (Announcement on the Publication of the Commercial Cipher Import Permit List, Export Control List, and Related Management Measures) and related content on the commercial cipher export control list and export permit procedures.
ChemRadar Insights
The "Control List" takes over the dual-use item export control lists from various legal documents about to be repealed, related to nuclear, biological, chemical, and missile sectors, and integrates them systematically according to the classification of ten industry sectors and five types of items. It forms a complete list system with unified export control codes, supplementing the "Catalogue of Dual-Use Items and Technologies Subject to Import and Export License Administration (2024)."
Additionally, compared to the "Catalogue of Dual-Use Items and Technologies Subject to Import and Export License Administration (2024)," the "Control List" lacks the export section for precursor chemicals, Category I controlled chemicals, and some Category II and III controlled chemicals.
Therefore, enterprises should primarily refer to the "Catalogue of Dual-Use Items and Technologies Subject to Import and Export License Administration (2024)" when exporting, and refer to the "Control List" for products in nuclear, biological, chemical, and missile sectors. Exporters listed in the aforementioned directory/list must apply for a dual-use item export license.
