Export Control Law of the People's Republic of China
Export Control Law of the People's Republic of China
Export Control Law of the People's Republic of China
Order of the President of the People's Republic of China No.58
October 17, 2020
The Export Control Law of the People's Republic of China, adopted at the 22nd session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 17, 2020, is hereby issued with effect from December 1, 2020.
Xi Jinping, President of the People's Republic of China
Export Control Law of the People's Republic of China
(Adopted at the 22nd session of the Standing Committee of the 13th National People's Congress on October 17, 2020)
Contents
Chapter I General Provisions
Chapter II Control Policies, Control Lists and Control Measures
Section 1 General Rules
Section 2 Export Control of Dual-Use Items
Section 3 Export Control of Military Products
Chapter III Supervision and Regulation
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to protect national security and interest, fulfill nonproliferation and other international obligations, and strengthen and regulate export control.
Article 2 This Law shall apply to the State's export control of dual-use items, military products, nuclear materials and other goods, technologies, services and items that are related to safeguarding national security and interests or fulfilling nonproliferation or other international obligations (hereinafter collectively referred to as the "controlled items").
The “controlled items” specified in the preceding paragraph shall include any technical materials or other data related to such items.
For the purposes of this Law, export control refers to prohibitive or restrictive measures taken by the State on the transfer of controlled items from the territory of the People's Republic of China to overseas, and on the provision of controlled items by any citizen or incorporated or non-incorporated organization of the People's Republic of China to any foreign organization or individual.
For the purposes of this Law, dual-use items refer to items that can be used for civil purposes, as well as for military purposes or for helping improve military potentials, especially those goods, technologies and services that can be used for the design, development, production or use of weapons of mass destruction.
For the purposes of this Law, military products refer to equipment, special production facilities and other related goods, technologies and services that are used for military purposes.
For the purposes of this Law, nuclear refers to nuclear materials, nuclear equipment, non-nuclear materials used for nuclear reactors and the related technologies and services.
Article 3 Export control shall stay in line with the overall national security outlook and be performed for maintaining international security, balancing security and development, and improving export control administration and services.
Article 4 The State has implemented a uniform export control regime and administrates export control by developing control lists, checklists or catalogs (hereinafter collectively referred to as “control lists”), administrating export licenses or other means.
Article 5 Departments under the State Council and departments under the Central Military Commission that undertake the functions of export control (hereinafter collectively referred to as the "State export control authorities") shall be responsible for the export control within their respective jurisdictions. Other relevant departments under the State Council or the Central Military Commission shall be responsible for other work related to export control within their respective jurisdictions.
The State shall establish an export control coordination mechanism to organize and coordinate major export control matters. The State export control authorities and relevant departments under the State Council shall closely collaborate and strengthen the information sharing among them.
The State export control authorities shall, together with relevant departments, establish an export control expert consultation mechanism to give advice on export control.
The State export control authorities shall publish export control guidelines for relevant industries as appropriate to guide export business operators (hereinafter referred to as “exporters”) in the establishment and improvement of their internal export control systems as well as business compliance.
Relevant departments under the people's government of each province, autonomous region or municipality directly under the Central Government shall be responsible for export control-related work as required by laws or administrative regulations.
Article 6 The State shall strengthen international cooperation in regard to export control and participate in the development of export control-related international standards.
Article 7 Exporters may legally establish and join relevant chambers of commerce, associations and other self-disciplinary industry organizations.
The relevant chambers of commerce, associations and other self-disciplinary industry organizations shall abide by laws and administrative regulations, provide export control-related services to their members based on their articles of association, and play a coordinating and self-disciplinary role.
Chapter II Control Policies, Control Lists and Control Measures
Section 1 General Rules
Article 8 The State export control authorities shall, together with relevant departments, develop export control policies, among which, the major ones shall be reported to the State Council or to both the State Council and the Central Military Commission for approval.
The State export control authorities may assess countries and regions as destinations for the export of controlled items, identify their risk levels and adopt corresponding control measures.
Article 9 The State export control authorities shall, together with relevant departments, develop and adjust the control lists for the export of controlled items in accordance with this Law and relevant laws and administrative regulations, based on export control policies, and as per the established procedure, and timely disclose such control lists.
As needed for protecting national security and interests or for fulfilling nonproliferation or other international obligations, subject to the approval of the State Council or the approval of both the State Council and the Central Military Commission, the State export control authorities may, together with relevant departments, impose a temporary control on the export of any goods, technologies or services outside the control lists, which shall be publicly announced. The term of temporary control shall not exceed two years. Before the expiration of the term of temporary control imposed, timely assessment shall be carried out and based on the assessment result, a decision shall be made to lift or extend the temporary control or include any item covered by the temporary control in a control list.
Article 10 As needed for protecting national security and interests or fulfilling nonproliferation or other international obligations, subject to the approval of the State Council or the approval of both the State Council and the Central Military Commission, the State export control authorities may, together with relevant departments, prohibit the export of any relevant controlled item or prohibit the export of any relevant controlled item to any specified destination country or region or to any specified organization or individual.
Article 11 Exporters engaged in the export of controlled items shall abide by this Law and relevant laws and administrative regulations, and where any business qualification is legally required for the export of any relevant controlled item, they shall obtain such qualification.
Article 12 The State administers a license system for the export of controlled items.
To export any controlled item on a control list or any item temporarily controlled, exporters shall apply to the State export control authorities for a license.
If an exporter knows or ought to know or is notified by the State export control authorities that any relevant goods, technologies or services outside the control lists that are to be exported by it may pose any of the following risks, it shall apply to the State export control authorities for a license:
1. Endangerment to national security;
2. They are used to design, develop, produce or use any weapon of mass destruction or its delivery vehicle; or
3. They are used for terrorist purposes.
If an exporter cannot determine whether any goods, technologies or services to be exported by it are deemed to be controlled items under this Law and makes inquiries with the State export control authorities, the State export control authorities shall give a timely reply.
Article 13 The State export control authorities shall review the application for the export of any controlled item made by any exporter and make a decision to grant a license or not based on an overall consideration of the following factors:
1. National security and interest;
2. International obligations and commitments to foreign parties;
3. Type of export;
4. Degree of sensitivity of the controlled item;
5. Export destination country or region;
6. The end user and end use;
7. Relevant credit records of the exporter; and
8. Other factors as prescribed in laws or administrative regulations.
Article 14 Exporters shall establish an internal export control compliance review system, and if such system operates well, they may be granted facilitation measures such as a general license granted for the export of relevant controlled items by the State export control authorities, the detailed measures for which shall be developed by the State export control authorities.
Article 15 Exporters shall submit documentation proving the end user and end use to the State export control authorities, which should be issued by either the end user or the government authorities of the country or region where the end user is located.
Article 16 The end user of any controlled item shall undertake not to change the end use of the controlled item or transfer it to any third party without the approval of the State export control authorities.
Where exporters or importers find that the end user or end use may be changed, they shall immediately report the case to the State export control authorities in compliance with regulations.
Article 17 The State export control authorities shall establish a risk management system for end users and end uses of controlled items to assess and review the end users and end uses and tighten the control over them.
Article 18 The State export control authorities shall establish control lists regarding importers and end users identified as falling into any of the following circumstances:
1. Breach of the regulatory requirements regarding end users or end uses;
2. Posing of a potential endangerment to national security and interests; or
3. Use of any controlled item for any terrorist purpose.
The State export control authorities may prohibit or restrict trade in the relevant controlled items, order the suspension of the export of the relevant controlled items or adopt other measures as necessary against any exporter or end user on a control list.
Exporters may not, in violation of regulations, trade with any importer or end user on a control list. An exporter who needs to trade with an importer or end user on a control list due to a special circumstance may make an application to the State export control authorities.
An importer or end user on a control list may apply for its removal from the list to the State export control authorities provided that any of the circumstances prescribed in the first paragraph of this Article no longer exist after it takes any measure; depending on the actual case, the State export control authorities may decide to remove an importer or end user on a control list from the list.
Article 19 When exporting any controlled item, the consignor of the goods to be exported or the customs agent for the export shall produce a license issued by the State export control authorities to the customs authorities for examination, and complete customs declaration formalities in accordance with relevant State regulations.
If the consignor of the goods to be exported fails to produce a license issued by the State export control authorities to the customs authorities for examination, and the customs authorities have evidence indicating that the goods to be exported may be subject to export control, the customs authorities shall question the consignor, and may request the State export control authorities to organize an assessment and then legally handle the case based on the assessment conclusion given by the State export control authorities.
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Order of the President of the People's Republic of China No.58
October 17, 2020
The Export Control Law of the People's Republic of China, adopted at the 22nd session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 17, 2020, is hereby issued with effect from December 1, 2020.
Xi Jinping, President of the People's Republic of China
Export Control Law of the People's Republic of China
(Adopted at the 22nd session of the Standing Committee of the 13th National People's Congress on October 17, 2020)
Contents
Chapter I General Provisions
Chapter II Control Policies, Control Lists and Control Measures
Section 1 General Rules
Section 2 Export Control of Dual-Use Items
Section 3 Export Control of Military Products
Chapter III Supervision and Regulation
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to protect national security and interest, fulfill nonproliferation and other international obligations, and strengthen and regulate export control.
Article 2 This Law shall apply to the State's export control of dual-use items, military products, nuclear materials and other goods, technologies, services and items that are related to safeguarding national security and interests or fulfilling nonproliferation or other international obligations (hereinafter collectively referred to as the "controlled items").
The “controlled items” specified in the preceding paragraph shall include any technical materials or other data related to such items.
For the purposes of this Law, export control refers to prohibitive or restrictive measures taken by the State on the transfer of controlled items from the territory of the People's Republic of China to overseas, and on the provision of controlled items by any citizen or incorporated or non-incorporated organization of the People's Republic of China to any foreign organization or individual.
For the purposes of this Law, dual-use items refer to items that can be used for civil purposes, as well as for military purposes or for helping improve military potentials, especially those goods, technologies and services that can be used for the design, development, production or use of weapons of mass destruction.
For the purposes of this Law, military products refer to equipment, special production facilities and other related goods, technologies and services that are used for military purposes.
For the purposes of this Law, nuclear refers to nuclear materials, nuclear equipment, non-nuclear materials used for nuclear reactors and the related technologies and services.
Article 3 Export control shall stay in line with the overall national security outlook and be performed for maintaining international security, balancing security and development, and improving export control administration and services.
Article 4 The State has implemented a uniform export control regime and administrates export control by developing control lists, checklists or catalogs (hereinafter collectively referred to as “control lists”), administrating export licenses or other means.
Article 5 Departments under the State Council and departments under the Central Military Commission that undertake the functions of export control (hereinafter collectively referred to as the "State export control authorities") shall be responsible for the export control within their respective jurisdictions. Other relevant departments under the State Council or the Central Military Commission shall be responsible for other work related to export control within their respective jurisdictions.
The State shall establish an export control coordination mechanism to organize and coordinate major export control matters. The State export control authorities and relevant departments under the State Council shall closely collaborate and strengthen the information sharing among them.
The State export control authorities shall, together with relevant departments, establish an export control expert consultation mechanism to give advice on export control.
The State export control authorities shall publish export control guidelines for relevant industries as appropriate to guide export business operators (hereinafter referred to as “exporters”) in the establishment and improvement of their internal export control systems as well as business compliance.
Relevant departments under the people's government of each province, autonomous region or municipality directly under the Central Government shall be responsible for export control-related work as required by laws or administrative regulations.
Article 6 The State shall strengthen international cooperation in regard to export control and participate in the development of export control-related international standards.
Article 7 Exporters may legally establish and join relevant chambers of commerce, associations and other self-disciplinary industry organizations.
The relevant chambers of commerce, associations and other self-disciplinary industry organizations shall abide by laws and administrative regulations, provide export control-related services to their members based on their articles of association, and play a coordinating and self-disciplinary role.
Chapter II Control Policies, Control Lists and Control Measures
Section 1 General Rules
Article 8 The State export control authorities shall, together with relevant departments, develop export control policies, among which, the major ones shall be reported to the State Council or to both the State Council and the Central Military Commission for approval.
The State export control authorities may assess countries and regions as destinations for the export of controlled items, identify their risk levels and adopt corresponding control measures.
Article 9 The State export control authorities shall, together with relevant departments, develop and adjust the control lists for the export of controlled items in accordance with this Law and relevant laws and administrative regulations, based on export control policies, and as per the established procedure, and timely disclose such control lists.
As needed for protecting national security and interests or for fulfilling nonproliferation or other international obligations, subject to the approval of the State Council or the approval of both the State Council and the Central Military Commission, the State export control authorities may, together with relevant departments, impose a temporary control on the export of any goods, technologies or services outside the control lists, which shall be publicly announced. The term of temporary control shall not exceed two years. Before the expiration of the term of temporary control imposed, timely assessment shall be carried out and based on the assessment result, a decision shall be made to lift or extend the temporary control or include any item covered by the temporary control in a control list.
Article 10 As needed for protecting national security and interests or fulfilling nonproliferation or other international obligations, subject to the approval of the State Council or the approval of both the State Council and the Central Military Commission, the State export control authorities may, together with relevant departments, prohibit the export of any relevant controlled item or prohibit the export of any relevant controlled item to any specified destination country or region or to any specified organization or individual.
Article 11 Exporters engaged in the export of controlled items shall abide by this Law and relevant laws and administrative regulations, and where any business qualification is legally required for the export of any relevant controlled item, they shall obtain such qualification.
Article 12 The State administers a license system for the export of controlled items.
To export any controlled item on a control list or any item temporarily controlled, exporters shall apply to the State export control authorities for a license.
If an exporter knows or ought to know or is notified by the State export control authorities that any relevant goods, technologies or services outside the control lists that are to be exported by it may pose any of the following risks, it shall apply to the State export control authorities for a license:
1. Endangerment to national security;
2. They are used to design, develop, produce or use any weapon of mass destruction or its delivery vehicle; or
3. They are used for terrorist purposes.
If an exporter cannot determine whether any goods, technologies or services to be exported by it are deemed to be controlled items under this Law and makes inquiries with the State export control authorities, the State export control authorities shall give a timely reply.
Article 13 The State export control authorities shall review the application for the export of any controlled item made by any exporter and make a decision to grant a license or not based on an overall consideration of the following factors:
1. National security and interest;
2. International obligations and commitments to foreign parties;
3. Type of export;
4. Degree of sensitivity of the controlled item;
5. Export destination country or region;
6. The end user and end use;
7. Relevant credit records of the exporter; and
8. Other factors as prescribed in laws or administrative regulations.
Article 14 Exporters shall establish an internal export control compliance review system, and if such system operates well, they may be granted facilitation measures such as a general license granted for the export of relevant controlled items by the State export control authorities, the detailed measures for which shall be developed by the State export control authorities.
Article 15 Exporters shall submit documentation proving the end user and end use to the State export control authorities, which should be issued by either the end user or the government authorities of the country or region where the end user is located.
Article 16 The end user of any controlled item shall undertake not to change the end use of the controlled item or transfer it to any third party without the approval of the State export control authorities.
Where exporters or importers find that the end user or end use may be changed, they shall immediately report the case to the State export control authorities in compliance with regulations.
Article 17 The State export control authorities shall establish a risk management system for end users and end uses of controlled items to assess and review the end users and end uses and tighten the control over them.
Article 18 The State export control authorities shall establish control lists regarding importers and end users identified as falling into any of the following circumstances:
1. Breach of the regulatory requirements regarding end users or end uses;
2. Posing of a potential endangerment to national security and interests; or
3. Use of any controlled item for any terrorist purpose.
The State export control authorities may prohibit or restrict trade in the relevant controlled items, order the suspension of the export of the relevant controlled items or adopt other measures as necessary against any exporter or end user on a control list.
Exporters may not, in violation of regulations, trade with any importer or end user on a control list. An exporter who needs to trade with an importer or end user on a control list due to a special circumstance may make an application to the State export control authorities.
An importer or end user on a control list may apply for its removal from the list to the State export control authorities provided that any of the circumstances prescribed in the first paragraph of this Article no longer exist after it takes any measure; depending on the actual case, the State export control authorities may decide to remove an importer or end user on a control list from the list.
Article 19 When exporting any controlled item, the consignor of the goods to be exported or the customs agent for the export shall produce a license issued by the State export control authorities to the customs authorities for examination, and complete customs declaration formalities in accordance with relevant State regulations.
If the consignor of the goods to be exported fails to produce a license issued by the State export control authorities to the customs authorities for examination, and the customs authorities have evidence indicating that the goods to be exported may be subject to export control, the customs authorities shall question the consignor, and may request the State export control authorities to organize an assessment and then legally handle the case based on the assessment conclusion given by the State export control authorities.
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