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China Clarifies Export Control Challenges for Dual-Use Items: What Foreign Founders Need to Know

A practical guide for foreign founders on China's updated procedures for customs challenges and identification of dual-use items, based on the Ministry of Commerce and General Administration of Customs Announcement No. 52 of 2026.

New Export Control Procedures for Dual-Use Items in China

Foreign founders operating in China need to stay informed about export control regulations that could affect their business. On October 19, 2026, China's Ministry of Commerce (MOFCOM) and the General Administration of Customs (GAC) jointly issued Announcement No. 52 of 2026, which refines the procedures for challenging and identifying dual-use items during export. The announcement aims to facilitate compliant trade, improve export facilitation, and enhance the standardization and effectiveness of export control challenges and identification work, in accordance with the Export Control Law, the Customs Law, and the Regulations on Export Control of Dual-Use Items.

Key Changes and Practical Implications

1. Streamlined Processes and Compliance Support

MOFCOM and GAC will continue to optimize the challenge and identification workflow, strengthen information technology infrastructure, increase policy guidance, and support enterprises in building robust export compliance systems. For foreign founders, this means more accessible information and assistance to help ensure their exports comply with Chinese regulations.

2. When Customs May Raise a Challenge

If an exporter (the consignor) declares goods for export without presenting an export license issued by MOFCOM, and customs has evidence suggesting that the goods may fall under dual-use export control, customs will issue a Customs Challenge Notice for Dual-Use Item Export Control (Attachment 1). This notice triggers a formal review process.

3. Required Documentation Within 7 Working Days

Upon receiving the challenge notice, the exporter must submit the following materials within 7 working days, with official seals affixed. 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 goods' destination.
• 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 control.
• Technical documentation proving the nature of the goods (including inspection and testing reports, if any).
• Any other required materials.

Foreign founders should prepare these documents in advance to avoid delays.

4. Customs Assessment and Potential Expert Identification

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

• If the goods are not dual-use items, customs clearance continues.
• If they are dual-use items, they will be handled according to regulations.
• Other situations will be dealt with as required.

MOFCOM, upon receiving GAC's request, will organize experts to identify the items and may send samples to relevant institutions for inspection and testing.

5. Goods Held During Review; Possible Split Clearance

During the challenge and identification period, customs will not release the goods. However, if the exporter applies to split off other goods under the same customs declaration that are unrelated to the challenged goods, customs may, after evaluation and approval, allow separate customs clearance for those goods. This can help mitigate disruptions for businesses with mixed shipments.

6. Timeframes for Customs and MOFCOM Decisions

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

7. Obligation to Provide Accurate Information

Exporters must truthfully provide and supplement materials as required, ensuring the authenticity and reliability of content and data. They must not refuse, obstruct, conceal, or provide false information. Non-compliance can lead to legal consequences.

8. Applicability to E-commerce and Other Channels

The announcement also applies to exports of dual-use items via cross-border e-commerce, passenger carry-on, mail, and express channels. Foreign founders using these channels should be aware that the same challenge and identification procedures apply.

9. Interpretation and Effective Date

MOFCOM and GAC are responsible for interpreting the identification and challenge work respectively. The announcement took effect on the date of publication, October 19, 2026, and replaced the previous GAC Announcement No. 123 of 2025 on the same subject.

What This Means for Foreign Founders

If your company exports goods from China, especially those that could be considered dual-use, you should:

• Maintain thorough documentation of your products' specifications and end uses.
• Ensure you have proper export licenses when required.
• Respond promptly to any customs challenge with complete and accurate materials.
• Consider building an internal export compliance program to prevent issues.

ChinaMNC can assist foreign founders with company registration and ongoing operations in China, including compliance with export control regulations. For personalized support, contact us on WhatsApp or WeChat at +86 153 1898 8535.

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