Shopee's Compliance Tips on New Export Control Regulations on Drones and Drone-Related Items

Shopee platform issued a compliance reminder on the new export control regulations for drones and drone-related items. Shopee merchants please pay attention!

Recently, the Ministry of Commerce, the General Administration of Customs, the State Administration of Science, Technology and Industry for National Defense, and the Equipment Development Department of the Central Military Commission jointly issued the "Announcement on the Implementation of Export Control on UAV-Related Items" (hereinafter referred to as "Document No. 27 of 2023") and the "Announcement on the Implementation of Temporary Export Control on Some UAVs" (hereinafter referred to as "Document No. 28 of 2023"). From September 1, 2023, export controls will be implemented on the specified UAVs and UAV-related items.

Shopee reminds you:

Export restrictions: During the control period, drones that fall under the "existing control indicators"** and the indicators specified in Article 1 of Document No. 28 of 2023, as well as drone-related items that fall under the indicators specified in Article 1 of Document No. 27 of 2023, shall not be exported without permission;

Export prohibition: During the control period, all drones that do not meet the "existing control indicators" and the indicators specified in Article 1 of Document No. 28 of 2023 shall not be exported if the export operator knows or should know that the export will be used for the proliferation of weapons of mass destruction, terrorist activities or military purposes;

If an export operator exports without permission, exports beyond the scope of permission, or commits other illegal acts, the Ministry of Commerce or the Customs and other departments shall impose administrative penalties in accordance with the relevant laws and regulations. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Shopee reiterates:

1. Shopee policy explicitly requires sellers to comply with domestic and regional laws and regulations, including but not limited to ensuring that the goods you sell/consign comply with the platform's prohibition on sales/importation and the regulatory requirements of import and export countries/regions. If approval, inspection and other procedures are required, you should go through the relevant procedures and submit supporting documents to the platform.

2. All losses and risks such as the destruction of goods and administrative/criminal penalties imposed on the seller due to the seller's violation of domestic export control regulations shall be borne by the seller;

At the same time, the platform will take measures including but not limited to removing/detaining products, restricting accounts, freezing/deducting funds, and civil recovery to hold relevant sellers accountable in accordance with Shopee policies.

Sellers are urged to comply with regulations and operate legally, study relevant policies and regulations carefully, and conduct self-inspection and rectification. Thank you for your understanding and cooperation!

Best wishes for your business!

*Disclaimer: This article is only for the purpose of policy delivery and clarifying platform compliance requirements and does not constitute any legal advice. If you have any export control-related questions, please consult professionals.

**“Existing control indicators” refer to the technical indicators specified in Announcement No. 20 of 2015 (“Announcement on the Implementation of Temporary Export Control on Dual-Use Unmanned Aerial Vehicles”) issued by the Ministry of Commerce, the General Administration of Customs, the State Administration of Science, Technology and Industry for National Defense, and the Equipment Development Department of the Central Military Commission, and the technical indicators specified in Announcement No. 31 of 2015 (“Announcement on Strengthening Export Control on Some Dual-Use Items”) issued by the Ministry of Commerce and the General Administration of Customs.

The export of drones that meet these two types of indicators must obtain an export license in accordance with the requirements of the above announcement.