Export controls on certain consumer drones are relaxed, while controls on dual-use payloads are tightened.
The Ministry of Commerce, General Administration of Customs, and the Central Military Commission's Equipment Development Department have issued a "Notice on Optimizing and Adjusting Export Control Measures for Drones." In accordance with the relevant provisions of the "Export Control Law of the People's Republic of China," the "Foreign Trade Law of the People's Republic of China," and the "Customs Law of the People's Republic of China," to maintain national security and interests, with the approval of the State Council and the Central Military Commission, it has been decided to adjust the export control measures for certain unmanned aerial vehicles and related items. The implementation will officially start from September 1, 2024.
The adjustments mainly include the following aspects:
Firstly, some companies face stricter requirements. The control standards for some key components of drones have been adjusted, adding infrared imaging equipment, synthetic aperture radar, lasers for target designation, and inertial measurement devices to the control scope. Companies related to the production and export of these components need to comply with stricter regulations to ensure they meet the country's export control requirements.
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Secondly, the market for certain consumer drones may face opportunities. The temporary control on certain consumer drones has been lifted, which may bring more market opportunities for companies in this field.Thirdly, restrictions are placed on beyond-line-of-sight, multi-aircraft formation, and anti-drone equipment. Radio communication equipment with the following characteristics is prohibited for use with specific unmanned aerial vehicles or unmanned airships (refer to customs commodity codes: 8517629910, 8517691002, 8526920010).
Wireless TV transmission distance greater than 50km.
The capability of one station to control more than 10 aircraft.
Interference range greater than 5km for anti-drone electronic jamming equipment (refer to customs commodity code: 8543709960).
High-power lasers specifically for anti-drone systems with an output power greater than 1.5kW (refer to customs commodity code: 9013200093).
Fourthly, there are export restrictions for civilian drones not included in the control measures. It is expressly forbidden to export all civilian drones not included in the control measures for the proliferation of weapons of mass destruction, terrorist activities, or military purposes, which helps to regulate the export order of civilian drones and prevent their misuse for non-peaceful purposes.
Ministry of Commerce Responds to the Optimization and Adjustment of Drone Export Control Measures
The Ministry of Commerce, together with relevant departments, issued an announcement on the optimization and adjustment of drone export control measures on July 31. The spokesperson for the Ministry of Commerce responded to this on the same day, stating that the adjustment reflects the control concept of coordinating development and security, which is conducive to better maintaining China's national security and interests, better fulfilling international obligations such as non-proliferation, and ensuring the security and stability of the global industrial chain and supply chain.
According to the announcement, the optimization and adjustment include adjusting the control standards for some important components of drones such as infrared imaging equipment and lasers for target indication, adding high-precision inertial measurement equipment to the control scope, canceling the temporary control of specific consumer-grade drones, and prohibiting the export of all civilian drones not included in the control measures for the proliferation of weapons of mass destruction, terrorist activities, or military purposes. The above policies will officially come into effect on September 1.
The spokesperson said that on July 31, 2023, the Chinese government introduced policies on the export control of drones. After one year of implementation, the Ministry of Commerce, together with relevant departments, widely listened to the opinions and suggestions of all stakeholders, conducted a serious assessment in accordance with the provisions of the "Export Control Law of the People's Republic of China," and made a decision to optimize and adjust according to the needs of the development of the situation.The Chinese side has always believed that scientific and technological progress should benefit people of all countries. The Chinese government firmly supports Chinese enterprises in carrying out international trade and cooperation in the field of civilian unmanned aerial vehicles, opposes the improper use of civilian drones for non-peaceful purposes, and opposes some countries' frequent imposition of illegal sanctions on Chinese enterprises and individuals on the grounds of drones. The Chinese side will continue to monitor and evaluate the export of drones, and adjust and improve relevant policies in a timely manner.
DJI Response: More conducive to industry development and technical application
DJI said, "We are very pleased to see the optimization and adjustment of the export control measures by the Ministry of Commerce of China. The direction of the adjustment is more conducive to the development of the entire drone industry and the application of technology. DJI has always been committed to designing, developing, and manufacturing civilian drone products, and we have always been firmly opposed to the use of our company's products and technology for any military or war purposes. DJI will also continue to strictly comply with and implement the requirements of China's export control regulations, as well as the applicable laws and regulations of the countries and regions where the business is located.
Here is the full text of the announcement:
Ministry of Commerce General Administration of Customs Central Military Commission Equipment Development Department Announcement No. 31 of 2024
Announcement on the Optimization and Adjustment of Export Control Measures for Unmanned Aerial Vehicles
In accordance with the relevant provisions of the "Export Control Law of the People's Republic of China", "Foreign Trade Law of the People's Republic of China", and "Customs Law of the People's Republic of China", in order to maintain national security and interests, with the approval of the State Council and the Central Military Commission, it is decided to adjust the export control measures for certain unmanned aerial vehicles and related items. The relevant matters are hereby announced as follows:
1. Items with the following characteristics shall not be exported without permission:
(1) Aviation engines specifically for certain unmanned aerial vehicles or unmanned airships with a maximum continuous power of more than 16 kilowatts (kW) (refer to the customs commodity code: 8501200010, 8501320010, 8501330010, 8501340010, 8501400010, 8501520010, 8501530010, 8407101010, 8407102010, 8408909230, 8408909320, 8411111010, 8411119010, 8411121010, 8411129020, 8411210010, 8411221010, 8411222010, 8411223010, 8411810002).
(2) Payloads specifically for certain unmanned aerial vehicles or unmanned airships that meet certain technical indicators, including infrared imaging equipment, synthetic aperture radar, lasers for target designation, and inertial measurement devices.Translate the following text into English:
1. Infrared imaging equipment with all the following characteristics (refer to the customs commodity code: 8525891110, 8525892110, 8525893110):
(1) Wavelength range between 780 nanometers (nm) and 30,000 nanometers (nm);
(2) Instantaneous Field of View (IFOV) less than 2.5 milliradians (mrad).
2. Synthetic Aperture Radar (SAR) with a range greater than 5 kilometers (km) and having any of the following characteristics (refer to the customs commodity code: 8526109011):
(1) Strip map mode resolution better than 0.3 meters (m);
(2) Spotlight mode resolution better than 0.1 meters (m).
3. Lasers for target designation that can operate stably in environments above 55 degrees Celsius (℃) and have all the following characteristics (refer to the customs commodity code: 9013200093):
(1) Temperature-controlled type is not required;
(2) Energy greater than 80 millijoules (mJ);
(3) Stability better than 15%.Translate the following text into English:
(4) The beam divergence angle is less than 0.3 milliradians (mrad).
4. Inertial measurement equipment with all of the following characteristics (refer to the customs commodity code: 9014209014):
(1) Heading accuracy is less than 2 degrees (°);
(2) Attitude accuracy is less than 0.5 degrees (°);
(3) Resolution is less than 0.1 degrees (°).
(III) Radio communication equipment specifically designed for certain unmanned aerial vehicles or unmanned airships, and having any of the following characteristics (refer to the customs commodity codes: 8517629910, 8517691002, 8526920010):
1. Wireless television distance transmission range is greater than 50 kilometers (km);
2. The ability to control more than 10 aircraft from one station.
(IV) Civilian anti-drone systems:
1. Anti-drone electronic jamming equipment with a jamming range greater than 5 kilometers (km) (refer to the customs commodity code: 8543709960).2. High-power lasers (refer to the customs commodity code: 9013200093) specifically designed for anti-drone systems with an output power greater than 1.5 kilowatts (kW).
Technical description: "Specific unmanned aerial vehicles or unmanned airships" refers to unmanned aerial vehicles or unmanned airships that meet the conditions listed in Article 1.1 of the Announcement No. 31 of 2015 by the Ministry of Commerce and the General Administration of Customs (Announcement on Strengthening Export Control of Some Dual-Use Items).
II. For all unmanned aerial vehicles not listed in the export control list or not subject to temporary control, export operators who are aware or should be aware that the export will be used for the proliferation of weapons of mass destruction, terrorist activities, or military purposes, shall not export. Violators will be punished in accordance with Article 34 of the Export Control Law of the People's Republic of China.
III. Export operators should handle export licensing procedures in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial commercial authorities, fill in the export application form for dual-use items and technologies, and submit the following documents:
(1) Original or identical copies or scans of the export contract or agreement;
(2) Technical description or test report of the proposed export items;
(3) End-user and end-use certification;
(4) Introduction of the importer and end-user;
(5) Identity proof of the legal representative of the applicant, the main person in charge of business management, and the handler.
IV. The Ministry of Commerce shall review the export application documents received, or review in conjunction with relevant departments, and make a decision to grant or refuse permission within the statutory time limit.The export of items listed in this announcement, which have a significant impact on national security, shall be approved by the State Council upon the joint report of the Ministry of Commerce and relevant departments.
V. Upon review and approval, the Ministry of Commerce shall issue dual-use item and technology export licenses (hereinafter referred to as export licenses).
VI. The procedures for application and issuance of export licenses, handling of special circumstances, and the preservation period of documents and materials shall be implemented in accordance with the relevant provisions of the Ministry of Commerce and the General Administration of Customs Order No. 29 of 2005 ("Administrative Measures for the Import and Export of Dual-Use Items and Technologies").
VII. Exporters shall present the export license to the customs authorities, handle customs procedures in accordance with the provisions of the Customs Law of the People's Republic of China, and accept customs supervision. The customs authorities shall handle the inspection and release procedures based on the export license issued by the Ministry of Commerce.
VIII. Exporters who export without permission, export beyond the scope of permission, or have other illegal situations shall be subject to administrative penalties by the Ministry of Commerce or customs and other departments in accordance with the provisions of relevant laws and regulations. If a crime is constituted, criminal responsibility shall be pursued according to law.
IX. This announcement shall come into effect on September 1, 2024. The announcements No. 27 and No. 28 of 2023 by the Ministry of Commerce, the General Administration of Customs, the National Defense Science and Technology Bureau, and the Equipment Development Department of the Central Military Commission are hereby abolished.
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