Published by ChinaMNC · Dongfang
China Clarifies Dual-Use Export Control Inquiries: What Foreign Founders Need to Know
A practical guide for foreign founders on China's updated dual-use export control inquiry and identification procedures, including timelines, required documents, and compliance obligations.
China Clarifies Dual-Use Export Control Inquiries: What Foreign Founders Need to Know
Foreign founders operating in China—especially those in manufacturing, technology, or trade—need to stay informed about export control rules that can affect their shipments and compliance obligations. 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 handling inquiries and identification related to dual-use items under export control. The announcement aims to facilitate compliant trade, improve the standardization and effectiveness of these procedures, and support companies in building stronger export compliance systems.
Below is a summary of the key provisions, framed as practical guidance for foreign founders whose companies may export goods from China.
When can customs raise an inquiry?
If an exporter declares goods for export without presenting an export license issued by MOFCOM, and customs has evidence suggesting the goods may fall within the scope of dual-use export controls, customs will raise an inquiry with the exporter. The exporter will receive a formal “Customs Inquiry Notice on Dual-Use Export Control” (Attachment 1). This notice triggers a documentation and review process.
What documents must the exporter provide?
Upon receiving the inquiry notice, the exporter must submit the following materials within 7 working days. All materials must bear an official company seal; if any document is in a foreign language, a Chinese translation must be provided simultaneously:
- Customs declaration, export contract, invoices, and transport documents proving the flow of goods;
- A situation statement covering, at a minimum, the goods’ performance indicators, main uses, and the legal basis and factual reasons for believing they are not subject to export control;
- Technical materials proving the nature of the goods (including any inspection or testing reports, if available);
- Any other required materials.
How does customs handle the inquiry and identification?
After receiving the exporter’s materials, customs will conduct an assessment. If necessary, the General Administration of Customs may request MOFCOM to organize an identification. Based on the outcome, customs will issue a “Customs Inquiry Result Notification on Dual-Use Export Control” (Attachment 2) and handle the case according to the following scenarios:
- 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.
When MOFCOM receives a request for identification, it will organize experts to assess the items and may, if necessary, send them to relevant institutions for inspection and testing.
What are the timelines?
Customs will complete its inquiry assessment or submit a request for identification to MOFCOM within 15 working days from receiving all materials from the exporter. MOFCOM will issue an identification conclusion within 15 working days from receiving complete materials for the identification.
Time spent by the exporter submitting or supplementing materials, and time for inspection and testing of the questioned goods, do not count toward these deadlines. In major or complex cases, the above time limits may not apply.
What happens to the goods during the inquiry?
During the inquiry 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 questioned goods, customs may, after evaluation and approval, allow separate customs clearance procedures for those other goods.
What are the exporter’s obligations?
Exporters must truthfully provide and supplement materials as required during the inquiry, identification, or related work, and ensure the authenticity and reliability of content and data. They must not refuse, obstruct, conceal, or provide false information.
Other important points
The announcement also clarifies that exports involving dual-use items through channels such as cross-border e-commerce, passenger carry-on, mail, and express delivery are subject to these procedures by reference. The interpretation of identification and inquiry work is the responsibility of MOFCOM and the General Administration of Customs, respectively.
The announcement took effect on the date of publication and simultaneously repealed GAC Announcement No. 123 of 2025 on the same subject.
Practical takeaways for foreign founders
If your China-based company exports goods that could be considered dual-use, ensure you have a robust compliance system in place. Keep thorough records of product specifications, end uses, and export documentation. Respond promptly to any customs inquiry and provide accurate, sealed materials within the required timeframe. Understanding these procedures can help avoid delays and ensure smooth customs clearance.
For assistance with company registration and ongoing operations in China, foreign founders can contact ChinaMNC on WhatsApp / 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.