A certain enterprise in Cixi City declared the export of 10 shipments of goods to the customs in general trade from December 2021 to June 2023, with the declared product names being graphite sheets, etc. The declared final destination country was Oman, but the actual final destination country was India. The enterprise knew that the export of the above-mentioned goods required the submission of a "Dual Use Item and Technology Export License" with India as the final destination country. It intentionally applied for a "Dual Use Item and Technology Export License" with Oman as the final destination country and declared it to customs with Oman as the final destination country, constituting unauthorized export of controlled items. Fined RMB 392000 by customs. China implements a licensing system for the export of dual-use items. "Exporting controlled items without permission" is an illegal act, which can result in a fine, confiscation of illegal gains, or revocation of relevant export qualifications for controlled items. This highlights the importance of dual-use item export licenses. Below, we will interpret the types, applicable situations, and application conditions of dual-use item export licenses.

1. What are the types of export licenses for dual-use items?

Single license, general license, or obtaining export certificates through registration and information filling.

2. What are the elements included in a dual-use item export license?

Exporter, shipper, export license, expiration date of export license, trade method, importing country (region), contract number, payment method, customs declaration port, transportation method, consignee, end user, contract signing date, final destination country (region), commodity name (commodity code), commodity specifications, models, quantities, and price.

3. Do export operators need to reapply for licenses?

During the validity period of the export license, if the export operator needs to change key elements such as the type of dual-use item, the country and region of export destination, the end user, and the end use, they shall reapply for the dual-use item export license, return the original export license, and temporarily suspend exports.

4. How do export operators choose the type of license to apply for?

A single license can only export a specific dual-use item to a single end user once; A general license can grant multiple specific dual-use item licenses to a single or multiple end users; Obtaining an export certificate through registration and filling in information is only applicable to goods that undergo import and export maintenance, testing, experimentation, exhibition, and are transported back within a reasonable period of time. Export operators who establish internal compliance systems for dual-use item export control and operate well, have relevant dual-use item export records and relatively fixed export channels and end-users, may apply for a general license from the competent commerce department of the State Council.

5. Under what circumstances are export operators not allowed to apply for general licenses or obtain export certificates through registration and information filling?

(1) The supervisor and other responsible personnel of the export operator or its directly responsible person related to the export of dual-use items have been criminally punished for illegal acts of dual-use item export control;

(2) Received administrative penalties for illegal export control of dual-use items within 5 years and the circumstances are serious;

(3) Wholly owned enterprises, representative offices, and branch offices established within the territory of the People's Republic of China by overseas organizations and individuals listed in the control list.

In summary, export operators should determine the type of dual-use item export license application based on the situation of the exported items, export channels and end-users, the establishment and operation of internal compliance systems for export control, and their own operational situation. At the same time, during the validity period of the export license, if the key factors related to dual-use items change, reapply for the license. If non key factors change, promptly handle the change procedures and temporarily suspend the use of the export license, and use the export license legally.