Division of the Ministry of Commerce Industry Interpretation of "dual-use items and technologies export license management General"


May 13, 2009, the Ministry of Commerce promulgated the "dual-use items and technologies export license management general." According to the methods, and to allow eligible dual-use items and technologies export operators, license holders of approved general permit based on the validity and scope of GM has to apply for dual-use items and technologies export license without an export license application by a single. Secretary for the Ministry of Commerce Industry of the "approach" to develop the background and main contents of a read.

Q: Recently, the Ministry of Commerce promulgated the "dual-use items and technologies export license management General" and will be from July 1 into effect. I would like to ask the "measures" against the backdrop of the development of what?

Answer: In order to safeguard national security and social public interest, to fulfill the international obligations of non-proliferation, in recent years, the Chinese government has promulgated and implemented involving nuclear, biological, chemical, missile and other weapons of mass destruction and their means of delivery-related dual-use materials Items and Technologies Export Control administrative rules and regulations, clearly states: licensed in order to export control list of items and technology. At present, we have adopted a "case-by-single-application" and "number of a card" license management models, a strong guarantee of the relevant administrative rules and regulations are implemented. At the same time, we note that part of the application for leave to end-users involved in the export business for the long-term fixed users. For such a situation, in order to facilitate the export business, reduce operating costs, while improving the effectiveness of government supervision, the Ministry of Commerce to develop a "dual-use items and technologies export license management general."

Q: Will the "dual-use items and technologies export license management practices common" for which the main provisions of aspects?
A: The "dual-use items and technologies export license management practices common" a total of 29 in seven chapters. The main provisions of the scope of application of the general permit, the competent authorities, license type, license validity period of conditions and permit applications for application procedures. In addition, the provisions of a general obligation to license operators, as well as supervision and management measures. Please refer to the "dual-use items and technologies export license management practices common" the relevant provisions.

Q: Will the "dual-use items and technologies export license management practices common" what the main management system set up? What are the export enterprises can apply for dual-use items and technologies export generic license?
A: The "dual-use items and technologies export license management practices generic" set up a common licensing major management system. Refers to the so-called general permit to allow eligible dual-use items and technologies export operators, license holders of approved GM, according to the validity and scope of general license, on many occasions to apply for dual-use items and technologies export license without an application by a single export licensing. Strictly limit the export of generic licensing items, the end-user and end-use, do not meet the conditions of general export license operators, is still the current management system, "by a single application," an export license.
Needs to be noted that the general permit system is built on mutual trust and interaction between government and enterprises on the basis of a more scientific and effective license management system. General permission has been granted only to build dual-use items and technologies of internal control mechanisms, and was confirmed to ensure the effective implementation of its business.

Q: Ministry of Commerce in December 2005 on the promulgation and implementation of the "dual-use items and technology import and export license management approach", will the "dual-use items and technologies export license management practices common" and "dual-use items and technologies into the export license management, "What's the difference?
A: The "dual-use items and technologies export license management practices common" instead of "dual-use items and technology import and export license management approach" to amend and supplement. General permit is approved permit documents, is to apply for an export permit the pre-approval procedures, and permit application are two different links. General export enterprises may, with the permission of each pre-export, directly landing, "the Commerce Department dual-use items and technologies export control government platform", in the general licensing provisions of the framework document to complete and print approval. With the official seal of approval stamped business documents to the "dual-use items and technology import and export license management approach" to apply the provisions of the issuing agency dual-use items and technologies export license. Access to general business license without an export license application by a single, subject-by-one to apply for an export license, based on dual-use items and technologies export permit to customs procedures.

Q: Could you tell us about the "dual-use items and technologies export license management General" after the implementation of which can play a major role?
A: First, simplify the application process, could save a lot of export license applications for exports of time, thereby reducing the cost of exports operators to ensure the smooth conduct of foreign trade. Second, help to improve the efficiency of the executive authorities and regulatory performance, and more focused on the sensitivity of the higher risk of the proliferation of items and technologies export control. Third, foster self-awareness of enterprises, and guide enterprises to establish and improve the internal export control mechanisms.
As a general permit conditions, "dual-use items and technologies export license management common approach" on the export operators put forward higher requirements, such as the effective implementation of internal control mechanisms, in carrying out the principle of full control, and actively understand the policies and regulations and to report on time exports and so on.

Q: Will the "dual-use items and technologies export license management General" to develop the basic principles of what? Will not lead to the relaxation of export controls?
Answer: The approach to the development of the basic principles of, first, a positive reflection of Chinese non-proliferation export control policies, administrative rules and regulations to implement the export control; second is the establishment and improvement of dual-use items and technologies export licensing system, reflect the optimization of management measures to improve management performance ; The third is to actively guide the dual-use items and technologies export enterprises to establish and improve the internal export control system, to facilitate legitimate trade enterprises.
"Dual-use items and technologies export license management General" will not cause the relaxation of export controls. The general approach permits the operator to give greater convenience, it also brought a higher demand.

(Information Source: Information Office of the Ministry of Commerce)
2009-05-19