China’s export control law

China's export control law

The Twenty-Second Meeting of the Standing Committee of the 13th National People’s Congress voted on the 17th to pass the Export Control Law, which will come into force on December 1st this year. The law stipulates that if any country or region abuses export control measures to endanger China’s national security and interests, China may take measures against that country or region based on actual conditions.

Export control refers to the adoption of prohibitive or restrictive measures on the export of specific items to control the subject or purpose of the item. The implementation of export control is an internationally accepted practice for fulfilling international obligations such as non-proliferation. At the moment, export control is becoming an important means of safeguarding national security and interests.

The export control law that China has just passed includes general rules, control policies, control lists and control measures, supervision and management, legal responsibilities, five chapters, and 49 articles.

The law clarifies the scope of export control and ensures the full coverage of controlled items, controlled subjects and behaviors. It stipulates: the transfer of controlled items from within China to overseas, and the provision of controlled items by Chinese citizens, legal persons and unincorporated organizations to foreign organizations and individuals , Are bound by this law.

This law establishes export control lists, temporary controls and comprehensive controls. Provide for the export control list system, clarify that the national export control management department shall, in accordance with the export control policy, formulate, adjust and release the export control list in conjunction with the relevant departments, and clearly list the controlled items. To provide for a temporary control system, the national export control management department may issue an announcement to implement temporary control of goods, technologies and services not on the export control list. Provides a comprehensive control system. Items that are not included in the export control list or temporarily controlled, the export operator knows or should know, or has been notified by the national export control administration, that the relevant items may pose risks such as endangering national security and interests , Also implement export control.

The law also clarifies measures for extraterritorial application and reciprocal measures. The first is to regulate the provision of export control information abroad, and it is clear that the provision of export control-related information abroad should be carried out in accordance with the law, and it may not be provided if it may endanger national security and interests.

The second is to stipulate the necessary extraterritorial application effects of this law, and clarify that organizations and individuals outside of China that violate the relevant export control regulations of this law, endanger China’s national security and interests, and hinder the performance of international obligations such as non-proliferation, shall be dealt with in accordance with the law and be held accountable.

The third is to provide for reciprocal measures. If any country or region abuses export control measures to endanger China’s national security and interests, China may take reciprocal measures against that country or region based on actual conditions.

The formulation of the Export Control Law was included in the Legislative Plan of the Standing Committee of the 13th National People’s Congress and the 2019 Legislative Work Plan of the Standing Committee of the National People’s Congress. The draft law was submitted by the State Council to the Standing Committee of the National People’s Congress for deliberation in December 2019, and was issued after the third review by the Standing Committee.

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