[Issuing Unit] Safety and Control Bureau
Announcement No. 23 of the Ministry of Commerce in 2023
[Date of Issue] July 3, 2023
According to the relevant provisions of the Export Control Law of the People's Republic of China, the Foreign Trade Law of the People's Republic of China, and the Customs Law of the People's Republic of China, in order to maintain national security and interests, with the approval of the State Council, it is decided to implement export controls on gallium and germanium related items. The relevant matters are announced as follows:
1、 Items that meet the following characteristics shall not be exported without permission:
（1） Gallium related items.
1. Metal gallium (single substance) (refer to customs commodity numbers: 8112929010, 8112929090, 8112999000).
2. Gallium nitride (including but not limited to forms such as chips, powders, and crushed materials) (refer to customs commodity numbers: 2850001901, 3818009001, 3825690001).
3. Gallium oxide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, crushed material and other forms) (refer to customs commodity numbers: 2825909001, 3818009002, 3825690002).
4. Gallium phosphide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer and other forms) (refer to customs product numbers: 2853904030, 3818009003, 3825690003).
5. Gallium arsenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap, and other forms) (refer to customs commodity numbers: 2853909026, 3818009004, 3825690004).
6. Indium gallium arsenic (refer to customs commodity numbers: 2853909028, 3818009005, 382569005).
7. Gallium selenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, crushed material and other forms) (refer to customs commodity numbers: 2842909024, 3818009006, 382569006).
8. Gallium antimonide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, crushed material and other forms) (refer to customs commodity numbers: 2853909029, 3818009007, 3825690007).
（2） Germanium related items.
1. Metal germanium (single substance, including but not limited to crystal, powder, crushed material and other forms) (refer to customs commodity numbers: 8112921010, 8112921090, 8112991000).
2. Zone melting germanium ingot (refer to customs commodity number: 8112921090).
3. Phosphorus germanium zinc (including but not limited to crystal, powder, crushed material and other forms) (refer to customs commodity numbers: 2853904040, 3818009008, 3825690008).
4. Germanium epitaxial growth substrate (refer to customs product number: 8112921090).
5. Germanium dioxide (refer to customs commodity numbers: 2825600002, 3818009009, 3825690009).
6. Germanium tetrachloride (refer to customs commodity numbers 282739901, 3818009010, 382569010).
2、 Export operators shall handle export license procedures in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial competent commerce department, fill out the export application form for dual-use items and technologies, and submit the following documents:
（1） The original export contract or agreement, or a copy or scanned copy that is consistent with the original;
（2） Technical description or testing report of the intended export item;
（3） End user and end-use certification;
（4） Introduction to importers and end users;
（5） Identification documents of the applicant's legal representative, main business manager, and handler.
3、 The Ministry of Commerce shall conduct an examination from the date of receiving the export application documents, or jointly with relevant departments, and make a decision on whether to grant or not to grant the license within the statutory time limit.
The export of items listed in this announcement that have a significant impact on national security shall be submitted to the State Council for approval by the Ministry of Commerce in conjunction with relevant departments.
4、 After examination and approval, the Ministry of Commerce shall issue an export license for dual-use items and technologies (hereinafter referred to as the export license).
5、 The procedures for applying for and issuing export license documents, handling special circumstances, and the retention period of documents and materials shall be implemented in accordance with the relevant provisions of Order No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs ("Measures for the Administration of Import and Export Licenses for Dual Use Items and Technologies").
6、 Export operators shall issue export licenses to the customs, handle customs procedures in accordance with the provisions of the Customs Law of the People's Republic of China, and accept customs supervision. The customs shall handle the inspection and release procedures with the export license issued by the Ministry of Commerce.
7、 If an export operator exports without permission, exceeds the permitted scope, or has other illegal situations, the Ministry of Commerce or customs and other departments shall impose administrative penalties in accordance with relevant laws and regulations. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
8、 This announcement will be officially implemented from August 1, 2023.
General Administration of Customs of the Ministry of Commerce
July 3, 2023