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China's MOFCOM Updates Graphite Export Controls

Wed, 06 Dec 2023
Categories: China Legal Trends

On 20 Oct. 2023, China’s Ministry of Commerce (MOFCOM) issued the latest announcement regarding export control of graphite items.

According to the announcement, effective December 1, export controls will be implemented on three categories of “high-sensitivity” graphite items used in electric vehicle batteries, semiconductors, aerospace, and other fields. Simultaneously, temporary controls will be lifted on five types of “low-sensitivity” graphite items used in the national economy’s foundational industries such as steel, metallurgy, and chemicals.

As per the MOFCOM’s announcement, this adjustment is made according to the “Export Control Law of the People’s Republic of China” (中华人民共和国出口管制法) and other relevant legal provisions.

The announcement provides a detailed list of reference customs commodity numbers for high-purity, high-strength, high-density synthetic graphite materials, and their products, as well as natural flake graphite and its products, which will be controlled.

The announcement requires that exporters should complete export licensing procedures as per relevant provisions. Moreover, exporters should apply to the provincial departments of commerce, fill out the dual-use and technology export application form, and submit the required documents to the MOFCOM.

The MOFCOM will review the application and decide whether to grant or deny the license within the statutory time limit. For those approved after examination, the MOFCOM will issue export licenses for dual-use items and technologies.

The announcement also emphasizes that exporters who engage in unauthorized exports, exceed the permitted scope of export, or engage in other illegal activities will be subject to administrative penalties by the MOFCOM or customs authorities according to relevant laws and regulations. If a crime is committed, criminal liability will be pursued according to the law.



Photo by Emile Guillemot on Unsplash

Contributors: CJO Staff Contributors Team

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