Export Control Series Article (1): How Export Operators Identify Dual Use Items
2025 03/28
Dual use items refer to goods, technologies, and services that have both civilian and military purposes or contribute to enhancing military potential, especially those that can be used for the design, development, production, or use of weapons of mass destruction and their means of delivery, including related technical data and other data. China has implemented prohibitions or restrictive control measures on the export of dual-use items. Export operators who violate export control regulations will face administrative or criminal penalties. Therefore, it is particularly important for export operators to correctly identify dual-use items. Export operators can identify whether the intended export items, technologies, and services (hereinafter referred to as "intended export items") belong to dual-use items through the following steps.
Firstly, the competent commerce department of the State Council shall, in accordance with the provisions of the Export Control Law and the Regulations on the Export Control of Dual use Items, formulate and adjust the dual-use item export control list in accordance with the dual-use item export control policies, and timely publish it. Export operators can check whether the intended export items belong to the dual-use items listed in the "List of Dual use Items Export Control of the People's Republic of China" (hereinafter referred to as the "List") and the "Catalogue of Dual use Items and Technology Import and Export License Management" based on their performance indicators and main purposes.
Secondly, the competent commerce department of the State Council may, in accordance with the law, implement temporary controls on goods, technologies, and services outside the export control list of dual-use items and make public announcements. On the basis of checking the list and directory, export operators also need to pay real-time attention to the temporary control announcement to determine whether the intended export items are subject to temporary control. On February 4, 2025, the Ministry of Commerce and the General Administration of Customs issued Announcement No. 10 of 2025, announcing the implementation of export controls on tungsten, tellurium, bismuth, molybdenum, and indium related items.
Thirdly, after the above steps, although the export operator has not found that the intended export item belongs to dual-use items, the export operator knows or should know, or has been notified by the national export control management department, that the intended export item has one of the following situations: (1) endangering national security and interests; (2) Used for the design, development, production, or use of weapons of mass destruction and their means of delivery; (3) If used for terrorist purposes, the intended export items should be treated as dual-use items.
If the export operator is unable to determine whether the intended export item belongs to dual-use items, they may provide the performance indicators, main uses, and reasons for the inability to determine whether the intended export item belongs to dual-use items to the national export control management department for consultation.
Firstly, the competent commerce department of the State Council shall, in accordance with the provisions of the Export Control Law and the Regulations on the Export Control of Dual use Items, formulate and adjust the dual-use item export control list in accordance with the dual-use item export control policies, and timely publish it. Export operators can check whether the intended export items belong to the dual-use items listed in the "List of Dual use Items Export Control of the People's Republic of China" (hereinafter referred to as the "List") and the "Catalogue of Dual use Items and Technology Import and Export License Management" based on their performance indicators and main purposes.
Secondly, the competent commerce department of the State Council may, in accordance with the law, implement temporary controls on goods, technologies, and services outside the export control list of dual-use items and make public announcements. On the basis of checking the list and directory, export operators also need to pay real-time attention to the temporary control announcement to determine whether the intended export items are subject to temporary control. On February 4, 2025, the Ministry of Commerce and the General Administration of Customs issued Announcement No. 10 of 2025, announcing the implementation of export controls on tungsten, tellurium, bismuth, molybdenum, and indium related items.
Thirdly, after the above steps, although the export operator has not found that the intended export item belongs to dual-use items, the export operator knows or should know, or has been notified by the national export control management department, that the intended export item has one of the following situations: (1) endangering national security and interests; (2) Used for the design, development, production, or use of weapons of mass destruction and their means of delivery; (3) If used for terrorist purposes, the intended export items should be treated as dual-use items.
If the export operator is unable to determine whether the intended export item belongs to dual-use items, they may provide the performance indicators, main uses, and reasons for the inability to determine whether the intended export item belongs to dual-use items to the national export control management department for consultation.
