Published by ChinaMNC · Fuchuanyaozu

China Tightens Export Controls: New Rules for Dual-Use Items and What Foreign Founders Need to Know

China's Ministry of Commerce and General Administration of Customs issued Announcement No. 52 of 2026 to optimize the inquiry and identification process for dual-use item export controls. This article explains the key changes for foreign founders operating in China.

New Export Control Rules for Dual-Use Items in China

On October 19, 2026, China's Ministry of Commerce (MOFCOM) and the General Administration of Customs (GACC) jointly issued Announcement No. 52 of 2026, aimed at improving the compliance and efficiency of export controls for dual-use items. The announcement, which takes effect immediately, replaces GACC Announcement No. 123 of 2025. For foreign founders whose companies export goods from China, understanding these procedural updates is essential to avoid delays and penalties.

Purpose and Scope

The new rules are designed to promote compliant trade, enhance export facilitation, and make the inquiry and identification process for export controls more standardized, scientific, and effective. They are based on the Export Control Law of the People's Republic of China, the Customs Law, and the Regulations on Export Control of Dual-Use Items. The announcement applies to all exports of dual-use items, including those via cross-border e-commerce, passenger carry-on, mail, and express channels.

Key Procedural Changes

1. Customs Inquiry and Notification

If an exporter declares goods for export without presenting an export license issued by MOFCOM, and Customs has evidence that the goods may fall under dual-use export controls, Customs will issue a "Customs Inquiry Notice for Dual-Use Item Export Control" (Attachment 1). The exporter must respond within 7 working days from receipt of the notice.

2. Required Documentation

Within the 7-working-day period, the exporter must submit the following materials, with an official company seal. If documents are in a foreign language, a Chinese translation must also be provided:

• Customs declaration form, export contract, invoice, and transport documents proving the flow of goods;
• A situation statement (including but not limited to the goods' performance indicators, main uses, and legal and factual reasons for believing they are not subject to export controls);
• Technical documentation proving the nature of the goods (including inspection and testing reports, if available);
• Any other required materials.

3. Customs Assessment and Identification

After receiving the materials, Customs will assess the case. If necessary, the GACC may request MOFCOM to organize an expert identification. Based on the outcome, Customs will issue a "Customs Inquiry Result Notification" (Attachment 2) and handle the case accordingly:

• If the goods are not dual-use items, customs clearance procedures will continue;
• If the goods are dual-use items, they will be handled in accordance with relevant regulations;
• Other situations will be handled as required.

During the inquiry and identification period, Customs will not release the goods. However, the exporter may apply to split off unrelated goods under the same customs declaration for separate clearance, subject to Customs' evaluation and approval.

4. Timelines

Customs will complete its assessment or submit a request for identification to MOFCOM within 15 working days from receiving all required materials. MOFCOM will then make an identification conclusion within 15 working days from receiving complete materials. The time taken by the exporter to submit or supplement materials, and the time for inspection and testing of the questioned goods, are not counted in these timelines. For major or complex cases, these time limits may be extended.

5. Exporter Obligations

Exporters must provide truthful and complete information and supplement materials as required. They are prohibited from refusing, obstructing, concealing, or providing false information. Non-compliance can lead to legal consequences.

Special Channels

The announcement explicitly states that exports of dual-use items through cross-border e-commerce, passenger carry-on, mail, and express channels are subject to these procedures by reference. Foreign founders using these channels should ensure compliance.

Interpretation and Implementation

MOFCOM and the GACC are responsible for interpreting the identification and inquiry work respectively. The announcement took effect on the date of publication, and the previous GACC Announcement No. 123 of 2025 is simultaneously repealed.

Practical Implications for Foreign Founders

For foreign founders operating a company in China, these changes mean that export compliance requires proactive attention. If your company exports goods that could be considered dual-use, you should:

• Maintain thorough documentation of product specifications and end uses;
• Respond promptly to any Customs inquiries within the 7-working-day window;
• Ensure all materials are sealed and translated into Chinese if necessary;
• Consider splitting shipments to avoid delays on unrelated goods.

Failure to comply can result in shipment holds and potential legal penalties. It is advisable to integrate these requirements into your company's export compliance system.

This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.

For assistance with company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.