Head of the Security and Control Bureau of the Ministry of Commerce Answers Reporters' Questions on the Measures for the Administration of Export Certificates for Relevant Dual-Use Items in the Civil Aviation Field (Draft for Comment)

Title context: Head of the Security and Control Bureau of the Ministry of Commerce Answers Reporters' Questions on the Measures for the Administration of Export Certificates for Relevant Dual-Use Items in the Civil Aviation Field (Draft for Comment) Text: Recently, the Ministry of Commerce publicly solicited opinions from society on the Measures for the Administration of Export Certificates for Relevant Dual-Use Items in the Civil Aviation Field. The head of the Security and Control Bureau of the Ministry of Commerce answered reporters' questions on issues related to advancing the legislation of the Measures. It was mentioned that the Measures mainly consider the following aspects: First, implementing the institutional design of the Regulations, and implementing the export certificate system for the first time after the promulgation of the Regulations, which is conducive to realizing tiered and classified management of different export situations, further improving the export control system, and enhancing regulatory effectiveness. Second, adhering to the coordinated development of development and security, and preventing abuse of facilitation measures by limiting applicable entities and circumstances and setting obligations to report after export. Third, facilitating compliant exports by aviation enterprises. For low-risk situations such as overseas maintenance and the export of spare parts, registration allows immediate departure. Compared with the manual review of paper documents for approvals, this can realize paperless customs clearance and will shorten the supply cycle of civil aviation passenger and cargo aircraft parts. The original text is as follows: Head of the Security and Control Bureau of the Ministry of Commerce Answers Reporters' Questions on the Measures for the Administration of Export Certificates for Relevant Dual-Use Items in the Civil Aviation Field (Draft for Comment) Recently, the Ministry of Commerce publicly solicited opinions from society on the Measures for the Administration of Export Certificates for Relevant Dual-Use Items in the Civil Aviation Field (hereinafter referred to as the Measures) (Draft for Comment). The head of the Security and Control Bureau of the Ministry of Commerce answered reporters' questions on issues related to advancing the legislation of the Measures. Question: Please introduce the legislative background of the Measures (Draft for Comment). Items such as engines and inertial navigation systems used in the civil aviation field are dual-use items. In 2006, the Ministry of Commerce promulgated and implemented the Measures for the Classified Administration of the Export of Civil Aviation Parts. For export forms such as overseas maintenance and leasing of relevant items in the civil aviation field, export operators could apply for export license approval documents annually, and could clear customs multiple times within the validity period, facilitating aviation enterprises' overseas maintenance of engines, inertial navigation systems, and other parts, and promoting civil aviation safety and industrial development. In December 2024, the Regulations of the People's Republic of China on Export Control of Dual-Use Items (hereinafter referred to as the Regulations) took effect. The Regulations adjusted the licensing administration system for export control, and the Measures for the Classified Administration of the Export of Civil Aviation Parts needed to be adjusted accordingly in accordance with the latest provisions. In the earlier stage, we conscientiously carried out legislative research through questionnaire surveys, field visits, departmental discussions, and other means, and on this basis studied and drafted the Measures. Question: Please introduce the main considerations of the Measures (Draft for Comment). The Measures provide that when civil aviation enterprises export relevant items for reasonable uses such as maintenance, upkeep, and leasing, they do not need to apply for license documents shipment by shipment. After registering and filling in relevant information, they automatically obtain an export certificate and may export on their own. The Measures mainly consider the following aspects: First, implementing the institutional design of the Regulations, and implementing the export certificate system for the first time after the promulgation of the Regulations, which is conducive to realizing tiered and classified management of different export situations, further improving the export control system, and enhancing regulatory effectiveness. Second, adhering to the coordinated development of development and security, and preventing abuse of facilitation measures by limiting applicable entities and circumstances and setting obligations to report after export. Forming a regulatory synergy with relevant departments such as the Civil Aviation Administration of China and the General Administration of Customs, promptly stopping risky exports, and safeguarding national security and interests. Third, facilitating compliant exports by aviation enterprises. For low-risk situations such as overseas maintenance and the export of spare parts, registration allows immediate departure. Compared with the manual review of paper documents for approvals, this can realize paperless customs clearance, will shorten the supply cycle of civil aviation passenger and cargo aircraft parts, help maintain civil aviation safety, support the international development of the civil aviation industry, and enhance the competitiveness of related supporting service industries. Question: Please introduce the main contents of the Measures (Draft for Comment). The Measures (Draft for Comment) consist of 22 articles and mainly provide the following contents: First, applicable entities. These include domestic airlines (including cargo companies), overseas airlines, aircraft maintenance enterprises, enterprises specializing in the import and export of aviation materials with an average annual turnover of more than RMB 2 billion, and aircraft and related item manufacturing enterprises. Second, applicable circumstances. These include overseas maintenance, upkeep, replacement, and return of damaged items; inbound maintenance and return from bonded zones; and the export of a reasonable quantity of spare parts by aircraft manufacturing enterprises headquartered in China. In addition, it provides that the export of unmanned aerial vehicles for overseas exhibitions, demonstrations, and participation in international emergency rescue may be applied by reference. Third, registration and customs clearance procedures. The Measures (Draft for Comment) provide the materials required for registration, the validity period of export certificates and circumstances of changes in effect, customs clearance procedures, and so on. Fourth, management requirements. These include restricting circumstances for handling by proxy to prevent unqualified entities from "borrowing certificates"; strengthening reporting and compliance requirements, requiring export operators to report the use of export certificates and other abnormal circumstances as required, and perform document retention obligations; and granting competent authorities post-event management authority, allowing them to require supplementary materials for doubtful exports and, under special circumstances, revoke certificates. Fifth, administrative penalties. The Measures (Draft for Comment) refine relevant administrative penalties in accordance with the Export Control Law and the Regulations on Export Control of Dual-Use Items. Question: What are the next steps regarding the Measures? Next, the Ministry of Commerce will improve the Measures based on feedback from the public consultation, promote the prompt promulgation of the Measures, and facilitate compliant exports by aviation enterprises. This article is compiled and selected from the Ministry of Commerce. GMTEight editor: Chen Wenfang.