China – Temporary Export Control on some Unmanned Aerial Vehicles

This looks to me to be a move to hamper Ukraine, as these controls are not as strict to BRICS countries, Brazil, Russia, India China and South Africa. All the folks wanting a ban on DJI and Chinese equipment in general have IMHO just been gifted the perfect excuse. Does your local police force have larger DJI gear? M300 and the like, then they support Russia will be a phrase used by Blue sUAS lobbyists.

This smells just like throttling Aeroscope in Ukraine. All those rebranded Chinese eVTOLs being used as cutting-edge designs by us honest in-house by delivery drone startups will also be affected. Best get the orders in before September.

The Bureau of Industry and the Equipment Development Department of the Central Military Commission jointly issued the “Announcement on the Implementation of Temporary Export Control on Some Unmanned Aerial Vehicles”. control. In addition, the above-mentioned four departments also issued the “Announcement on the Implementation of Export Control on UAV-related Items”. In order to safeguard national security and interests, with the approval of the State Council and the Central Military Airship-related items are subject to export controls.

Announcement No. 28, 2023, of the Equipment Development Department of the Central Military Commission of the Ministry of Commerce, the General Administration of Customs, and the State Administration of Science, Technology and Industry for National Defense. According to the relevant provisions of 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 and the Central Military Commission, it is decided to implement temporary export controls on specific unmanned aerial vehicles. The related matters are announced as follows:

1. Unmanned aerial vehicles whose performance indicators do not meet the existing control indicators but have reached the following indicators (refer to customs commodity numbers: 8806100010, 8806221011, 8806229010, 8806231011, 8806239010, 8806241011, 8806249010, 8806291011, 880629 9010, 8806921011, 8806929010 , 8806931011, 8806939010, 8806941011, 8806949010, 8806990010), without permission, shall not be exported:

It is capable of controllable flight beyond the operator’s natural sight distance, the maximum endurance time is greater than or equal to 30 minutes, and the maximum take-off weight is greater than 7 kilograms (kg) or the empty weight is greater than 4 kilograms (kg), and has any of the following characteristics Manned aerial vehicle or unmanned airship:

(1) The power of airborne radio equipment exceeds the power limit value of international civilian radio product approval and certification;

(2) Carrying a load with a throwing function or bringing its own throwing device;

(3) Carrying a hyperspectral camera, or a multispectral camera that supports bands 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 laser ranging and positioning module carried meets any of the following requirements:

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

2. The laser ranging and positioning module carried belongs to the Class 1 laser product specified in GB7247.1-2012. At the same time, the attainable emission limit (AEL) is greater than or equal to 263.89 nanojoules (nJ), and the reference aperture is greater than 22 millimeters (mm). The maximum emission power of laser pulses within nanoseconds is greater than 52.78 watts (W);

3. The laser ranging and positioning module carried belongs to the 1M class of laser products stipulated in GB7247.1-2012. At the same time, the attainable emission limit (AEL) is greater than or equal to 339.03 nanojoules (nJ), and the reference aperture is greater than 19 millimeters (mm). The maximum emission power of laser pulses in nanoseconds is greater than 67.81 watts (W).

(6) It can support non-authenticated payloads.

“Existing control indicators” refers to the Announcement No. 20 of 2015 of the Ministry of Commerce, the General Administration of Customs, the State Administration of Science, Technology and Industry for National Defense, and the Equipment Development Department of the Central Military Commission (“Regulations on the Implementation of Temporary Export Control on Military and Civilian Dual-Use Unmanned Aerial Vehicles”) Announcement”), as well as the technical indicators stipulated in the Ministry of Commerce and the General Administration of Customs Announcement No. 31 of 2015 (“Announcement on Strengthening the Export Control of Some Dual-use Items”). The export of drones that meet these two types of indicators should obtain an export license in accordance with the requirements of the above announcement.

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

3. Export operators should go through export licensing procedures in accordance with relevant regulations, submit an application to the Ministry of Commerce through the provincial commercial department, fill out the application form for export of dual-use items and technologies and submit the following documents:

(1) The original of the export contract or agreement or the photocopy or scanned copy consistent with the original;
(2) Technical description or test report of the item to be exported;
(3) Certificate of end user and end use;
(4) Introduction of importers and end users;
(5) The identity certificates of the applicant’s legal representative, main business manager and handler.

4. The Ministry of Commerce shall conduct an examination upon receipt of the export application documents, or conduct an examination in conjunction with relevant departments, and make a decision to approve or not within the statutory time limit.

For the export of items listed in this announcement that have a major impact on national security, the Ministry of Commerce, together with relevant departments, shall report to the State Council for approval.

5. If the license is approved after review, the Ministry of Commerce will issue a dual-use item and technology export license (hereinafter referred to as the export license).

6. Procedures for application and issuance of export licenses, handling of special circumstances, and storage period for documents and materials, etc., in accordance with Order No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs (“Administrative Measures for Import and Export Licenses for Dual-use Items and Technologies”) implementation of relevant regulations.

7. The export operator shall issue an export license to the customs, go through the customs formalities in accordance with the provisions of the “Customs Law of the People’s Republic of China”, and accept the supervision of the customs. The customs shall handle the inspection and release procedures with the export license issued by the Ministry of Commerce.

8. If export operators export without permission, export beyond the scope of permission, or have other violations, the Ministry of Commerce or customs and other departments will impose administrative penalties in accordance with relevant laws and regulations. Constitute a crime, be held criminally responsible.

9. This announcement will come into force on September 1, 2023. The implementation period of temporary control shall not exceed two years.

Ministry of Commerce Customs