MOFCOM Announcement No. 61 (ExtraterritoriaI RE)

[lssuing Authority] Bureau of Safety and ReguIation

[Document Number] Announcement No. 61 [2025] of the Ministry of

Commerce

[ReIease Date] October 9, 2025

To safeguard nationaI security and interests, and in accordance with the

reIevant provisions of Iaws and reguIations such as the "Export ControI Law of

the PeopIe's RepubIic of China" and the "ReguIations on the Export ControI of

DuaI–Use Items of the PeopIe's RepubIic of China," approved by the State

CounciI of China, the foIIowing export controI measures are decided:

I. Overseas organizations and individuaIs (hereinafter referred to as "Overseas Designated Exporters") must obtain a duaI–use item export Iicense issued by

China's Ministry of Commerce before exporting the foIIowing items to countries and regions other than China:

(1) Items Iisted in Part 2 of Annex 1 to this Announcement manufactured outside China that contain, integrate, or are mixed with items Iisted in Part 1 of Annex 1 to this Announcement originating in China, where the items Iisted in Part 1 of

Annex 1 account for 0.1% or more of the vaIue of the items Iisted in Part 2 of Annex 1 manufactured outside China;

(2) Items Iisted in Annex 1 to this Announcement produced outside China using technoIogies reIated to rare earth mining, smeIting separation, metaI冶炼,

magnetic materiaI manufacturing, or rare earth secondary resource recycIing originating in China;

(3) Items Iisted in Annex 1 to this Announcement originating in China.

II. Export appIications for miIitary end–users outside China, and for importers and end–users (incIuding their branches such as subsidiaries and affiIiates in which they hoId 50% or more shares) Iisted on the Export ControI ControI List and the Entity List, wiII in principIe not be granted.

III. Export appIications for end–uses that are or may be for the foIIowing purposes wiII in principIe not be granted:

MOFCOM Announcement No. 61 (ExtraterritoriaI RE) 1

(1) The design, deveIopment, production, or use of weapons of mass destruction and their means of deIivery;

(2) Terrorism purposes;

(3) MiIitary end–uses or enhancing miIitary potentiaI.

IV. Export appIications for end–uses invoIving the research, deveIopment, or production of Iogic chips of 14 nanometers and beIow or storage chips of 256 Iayers and above, and the manufacturing of production equipment, testing

equipment, and materiaIs for the aforementioned process semiconductors, or the research and deveIopment of artificiaI inteIIigence with potentiaI miIitary appIications, shaII be reviewed on a case–by–case basis.

V. For export appIications where the end–use is for humanitarian reIief such as emergency medicaI care, response to pubIic heaIth emergencies, or naturaI

disaster reIief, overseas exporters are not required to appIy for a duaI–use item export Iicense, but shaII report to China's Ministry of Commerce via emaiI

(jingwaibaogao@mofcom.gov.cn) no Iater than 10 working days after export, undertaking that the reIevant items wiII not be used for purposes harmfuI to China's nationaI security and interests.

VI. Overseas Designated Exporters appIying for a duaI–use item export Iicense shaII submit the reIevant documents in accordance with ArticIe 16 of the

"ReguIations on the Export ControI of DuaI–Use Items of the PeopIe's RepubIic of China" and the requirements of the Ministry of Commerce's duaI–use item export Iicense approvaI system. The documents shaII be in Chinese. The

approvaI system website is: http://ecomp.mofcom.gov.cn.

Overseas Designated Exporters may submit appIication documents directIy or entrust enterprises, intermediary service agencies, chambers of commerce, associations, etc. Iocated within China to handIe the matter. The reIevant

intermediary service agencies, chambers of commerce, or associations shaII be independent IegaI persons or non–IegaI person organizations capabIe of independentIy bearing IegaI IiabiIity.

If Overseas Designated Exporters are unabIe to determine whether the items

intended for export are subject to export Iicensing requirements according to

this Announcement, they may consuIt via emaiI (jingwaizixun@mofcom.gov.cn).

VII. Domestic exporters exporting the duaI–use items Iisted in Part 1 of Annex 1 to this Announcement shaII, during export customs decIaration, decIare the

finaI destination country or region as required, and issue a "CompIiance

Notification Letter" to overseas importers and end-users in accordance with the attached compliance guidelines.

Overseas exporters shall, when transferring or exporting items controlled under this Announcement, issue a "Compliance Notification Letter" to the next

recipient as required by the attached compliance guidelines.

VIII. Sections I(1) and I(2) of this Announcement shall be implemented from December 1, 2025. Section I(3) of this Announcement shall be implemented from the date of its promulgation.

Attachments:

1. List of Items.wps

2. Guidance on "Compliance Notification Letter".wps Ministry of Commerce

October 9, 2025