The Zhitong Finance App learned that recently, the Ministry of Commerce publicly solicited comments from the public on the “Administrative Measures on Export Certificates for Dual-use Items Related to the Civil Aviation Sector”. The head of the Security and Control Bureau of the Ministry of Commerce answered questions from reporters on issues relating to the promotion of the “Measures” legislation. Among them, it was mentioned that the “Measures” mainly consider the following aspects: First, implementing the design of the “Regulations” system. The export certification system was implemented for the first time after the “Regulations” were introduced, which is conducive to achieving hierarchical classification management of different export situations, further improving the export control system, and improving the effectiveness of supervision. The second is to adhere to integrated development and safety, and prevent misuse of facilitation measures through measures such as limiting applicable subjects and situations and establishing post-export reporting obligations. The third is to facilitate aviation companies' exports in compliance. Registration for low-risk situations such as outbound maintenance and spare parts exports will proceed immediately. Compared with manual approval of paper documents, customs clearance can be made paperless, which will shorten the supply cycle for civil aviation passenger and freighter parts.
The original text is as follows:
The head of the Security and Control Bureau of the Ministry of Commerce answered questions from reporters on the “Administrative Measures on Export Certificates for Dual-use Items Related to the Civil Aviation Sector” (Draft for Comments)
Recently, the Ministry of Commerce publicly solicited comments from the public on the “Administrative Measures on Export Certificates for Dual-Use Items Related to the Civil Aviation Sector” (hereinafter referred to as the “Measures”) (Consultation Draft). The head of the Security and Control Bureau of the Ministry of Commerce answered questions from reporters on issues relating to the promotion of the “Measures” legislation.
Q: Please tell me about the legislative background of the “Measures” (Draft for Comments)?
A: Items such as engines and inertial navigators used in civil aviation are dual-use items. In 2006, the Ministry of Commerce promulgated and implemented the “Administrative Measures on Export Classification of Civil Aviation Parts”. For export forms such as outbound maintenance and leasing of items related to the civil aviation sector, export operators can apply for export permits every year, and can clear customs multiple times during the validity period to facilitate aviation companies to maintain engine, inertial navigators and other components while leaving the country to promote 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”) came into effect. The Regulations have adjusted the licensing system for export control, and the “Administrative Measures on Export Classification of Civil Aviation Parts” need to be adjusted accordingly in accordance with the latest regulations. Earlier, we carefully carried out legislative research through questionnaire research, field visits, departmental discussions, etc., and researched and drafted the “Measures” on this basis.
Q: Please introduce the main considerations of the “Measures” (Draft for Comments)?
Answer: The “Measures” stipulate that civil aviation enterprises export relevant items for reasonable purposes such as repair, maintenance, and leasing. There is no need to apply for licenses one by one. After registering and filling in the relevant information, they will automatically obtain an export certificate and export them themselves.
The “Measures” mainly consider the following aspects: First, implementing the design of the “Regulations” system. The export certification system was implemented for the first time after the “Regulations” were introduced, which is conducive to achieving hierarchical classification management of different export situations, further improving the export control system, and improving the effectiveness of supervision. The second is to adhere to integrated development and safety, and prevent misuse of facilitation measures through measures such as limiting applicable subjects and situations and establishing post-export reporting obligations. Form joint supervisory efforts with the Civil Aviation Administration of China, the General Administration of Customs and other relevant departments to stop risky exports in a timely manner and safeguard national security and interests. The third is to facilitate aviation companies' exports in compliance. Registration for low-risk situations such as outbound maintenance and spare parts exports is immediate. Compared with manual approval of paper documents, paperless customs clearance can be achieved, which will shorten the supply cycle of civil aviation passenger and freighter parts, help maintain civil aviation safety, support the international development of the civil aviation industry, and enhance the competitiveness of related supporting service industries.
Q: Please introduce the main contents of the “Measures” (Draft for Comments)?
Answer: The “Measures” (Draft for Solicitation of Comments) consist of 22 articles, which mainly stipulate the following:
The first is the applicable subject. These include domestic airlines (including freight companies), overseas airlines, aircraft maintenance companies, companies specializing in the import and export of aviation materials with an average annual turnover of more than 2 billion yuan, and manufacturers of aircraft and related items. The second is the applicable situation. These include outbound repairs, maintenance, replacement, return of damaged items, etc.; inbound maintenance and return to bonded areas; and domestic aircraft manufacturers exporting reasonable quantities of spare parts. In addition, regulations on drone exports to overseas exhibitions, demonstrations, and participation in international emergency rescue can be applied by reference. The third is registration and customs clearance procedures. The Measures (Draft for Solicitation of Comments) stipulate the materials required for registration, the circumstances of changes in the validity period and effectiveness of export certificates, customs clearance procedures, etc. Fourth, management requirements. These include restricting agency processing situations to prevent “licensing” of unqualified entities; strengthening reporting and compliance requirements; export operators must report the use of export certificates and other abnormalities as required, and fulfill document storage obligations; granting competent authorities subsequent administrative authority; may require supplementary export materials; and may revoke documents under special circumstances. The fifth is administrative punishment. The “Measures” (Draft for Solicitation of Comments) have refined the relevant administrative penalties in accordance with the provisions of the Export Control Law and the regulations on export control of dual-use items.
Q: Regarding the Measures, what are the next steps?
A: In the next step, the Ministry of Commerce will improve the “Measures” based on public consultation and feedback, push for the “Measures” to be introduced as soon as possible, and facilitate aviation companies' exports in compliance.
This article was edited by the Ministry of Commerce, Zhitong Finance Editor: Chen Wenfang.