In accordance with the Export Control Law of the Peoples Republic of China, the Foreign Trade Law of the Peoples Republic of Chinaforeign tradeand the Customs Law of the Peoples Republic of China, China has decided to implement export controls on gallium and germanium-related items to safeguard national security and interests. This decision has been approved by the State Council and will take effect onAugust 1, 2023the effective date.

According to this announcement, without permission,the following items meeting specified characteristics shall not be exported:Gallium-related items including metallic gallium (elemental), gallium nitride, gallium oxide, gallium phosphide, gallium arsenide, indium gallium arsenide, gallium selenide, and gallium antimonide; as well as germanium-related items including metallic germanium (elemental), zone-refined germanium ingots, zinc germanium phosphide, germanium epitaxial growth substrates, germanium dioxide, and germanium tetrachloride.

Export operators shall apply for export licenses in accordance with relevant regulations and submit applications to the Ministry of Commerce through provincial commerce authorities. Applications require completion of the dual-use items and technologies export application form, submission of original export contracts/agreements or identical copies/scans, technical specifications or test reports of the items to be exported, end-user and end-use certificates, profiles of importers and end-users, and identity documents of the applicants legal representative, key managers, and handlers.

The Ministry of Commerce will review export applications upon receipt or conduct joint reviews with relevant departments, making licensing decisions within statutory time limits. For exports of listed items with significant national security implications, the Ministry of Commerce will submit them to the State Council for approval after joint review with relevant departments. Approved applications will receive dual-use items and technologies export licenses issued by the Ministry of Commerce.

Procedures for export license application and issuance, special case handling, and document retention periods shall be implemented in accordance with Ministry of Commerce and General Administration of Customs Order No. 29 of 2005 (Administrative Measures for Dual-Use Items and Technologiesimport and exportExport Licenses). Export operators shall present export licenses to customs, complete customs procedures in accordance with the Customs Law of the Peoples Republic of China, and accept customs supervision. Customs will conduct clearance procedures based on export licenses issued by the Ministry of Commerce.

Export operators engaging in unlicensed exports, exports beyond licensed scope, or other violations will face administrative penalties from the Ministry of Commerce or customs authorities in accordance with relevant laws and regulations. Criminal offenses will be prosecuted according to law.

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