On October 19, the Xinhua News Agency reported the release of the Export Control Regulations for Dual-use Items by the People’s Republic of China.
**Chapter One: General Principles**
The first article outlines the purpose of these regulations: to safeguard national security and interests, fulfill international obligations related to non-proliferation, and to strengthen the export controls on dual-use items. This is enacted in accordance with the Export Control Law of the People’s Republic of China.
The second article defines “dual-use items” as goods, technologies, and services that have both civilian and military applications, particularly those that can be used in the design, development, production, or deployment of weapons of mass destruction and their delivery systems. Export control refers to state-imposed measures governing the transfer of dual-use items from China to foreign entities, and applies to all citizens, legal persons, and organizations offering dual-use items abroad.
Article three emphasizes that export control practices must align with the leadership of the Communist Party, contribute to international peace, and ensure a balance between high-quality development and robust security measures. All related activities must comply with national laws and regulations and should not harm state interests.
The fourth article establishes that the State export control coordination mechanism is responsible for organizing and guiding these activities. The Ministry of Commerce, among other departments, oversees compliance and coordination efforts. Local authorities may also be granted the authority to implement export control responsibilities.
The fifth article states the establishment of an expert consultation mechanism for dual-use item export control to provide guidance while ensuring confidentiality regarding sensitive information.
In the sixth article, the Ministry of Commerce is tasked with drafting and releasing compliance guidelines intended to encourage exporters to develop internal compliance systems concerning dual-use items.
The seventh article indicates that the Ministry of Commerce, alongside other relevant departments, will work towards international cooperation in dual-use item export controls.
Article eight calls for industry associations to provide their members with information and training regarding dual-use item export controls and strengthen self-regulation within their sectors.
**Chapter Two: Control Policies**
According to article nine, the Ministry of Commerce and relevant departments are responsible for establishing and adjusting export control policies. Major policy changes require state approval.
Article ten allows for risk assessments regarding the destination countries of dual-use items based on various factors, including impacts on national security and obligations related to non-proliferation.
The eleventh article mandates that an export control list be reviewed and updated in accordance with state laws.
The twelfth article permits temporary controls on items outside the export control list under specific circumstances.
By the thirteenth article, the Ministry of Commerce and related departments can prohibit the export of specific dual-use items or exports to particular destinations.
**Chapter Three: Control Measures**
Article fourteen establishes a licensing system for the export of dual-use items.
According to the fifteenth article, exporters must obtain either individual or general licenses before exporting dual-use items on the control list.
Article sixteen outlines the documentation required when applying for an individual export license. Additionally, exporters with a strong compliance record may apply for a general license.
The seventeenth article specifies that the Ministry of Commerce must make licensing decisions within a stipulated timeframe, while also noting the potential for extended scrutiny under specific conditions.
Article eighteen stipulates that exporters must adhere strictly to licensing conditions, while the nineteenth article discusses exemptions for certain exports under specific conditions.
The twentieth article lists circumstances that disqualify exporters from applying for a general license or obtaining export documentation.
**Chapter Four: Supervision and Compliance Checks**
Article thirty-one emphasizes the establishment of robust regulatory frameworks to monitor dual-use item exports.
Article thirty-two describes the right of the Ministry of Commerce to conduct checks on export activities and to require cooperation from relevant parties.
**Chapter Five: Legal Responsibilities**
Article thirty-nine outlines penalties for various infractions related to the export of dual-use items, with graduated penalties based on the severity of the offense.
Finally, the regulations, set to take effect on December 1, 2024, will supersede existing controls on nuclear, missile, biological, and chemical dual-use items.
These regulations underscore China’s commitment to enhancing oversight and regulation regarding items that can have both civilian and military uses, ensuring compliance with international obligations and safeguarding national security.
