China publishes “Interim Measures for General Export Permit Management for Monitoring Chemicals”

On September 8, 2021, China’s Ministry of Industry and Information Technology published “Interim Measures for General Export Permit Management for Monitoring Chemicals (Draft for Comments) ” and started soliciting opinions. The deadline for comments is October 9, 2021.

Since the enforcement of “Regulations on Management of Monitoring Chemicals, the chemicals to be monitored have been listed in “Inventory for Administration of Import and Export Permits for the Dual-Use (Divertible) Substances and Technologies” and their export is controlled on a “per application and permit” and “individual permit” basis. As the export volume of monitoring chemicals has been increasing in recent years and therefore such new demands to reform export approval methods and improve the transaction efficiency of exporting enterprises have been found, Ministry of Industry and Information Technology has formulated the Interim Measures in accordance with Article 14 of the “Export Control Law” to establish general license management measures for monitoring chemicals export.

The Interim Measures consists of six chapters and 23 articles, which mainly stipulate application scope for general permit, permit period, application conditions and procedures, obligations of operators, supervision and management measures, and legal responsibilities.

Regarding application scope of the general permit for monitoring chemicals export, the Interim Measures stipulate that the general permit shall apply to the export of Class II and III monitoring chemicals, as well as the production technology and specialized equipment for these chemicals. Exporters may export the same type of specified monitoring chemicals to end users in the same specified countries and regions during validity period of general permit approval. The validity period of the general permit approval is limited to 2 years.

In addition, the Interim Measures stipulate the following provisions for handlers. Handlers must have been engaged in monitoring chemicals export for at least 3 years and have applied for at least 50 individual permits per year. At the same time, they must have applied for at least 4 individual permits for the same end-user in the last 2 years. Relevant companies need to pay attention to the above conditions.

For the original text of above “Interim Measures for General Export Permit Management for Monitoring Chemicals (Draft for Comments) “, please refer to the following URL (in simplified Chinese)
https://www.miit.gov.cn/gzcy/yjzj/art/2021/art_abc56c736a7b49488847f847d3b5be31.html