Regulations of the People's Republic of China on Export Control of Dual-Use Items
Regulations of the People's Republic of China on Export Control of Dual-Use Items
Regulations of the People's Republic of China on Export Control of Dual-Use Items
Order of the State Council of the People's Republic of China No. 792
September 30, 2024
The Regulations of the People's Republic of China on Export Control of Dual-Use Items, adopted at the 41st executive meeting of the State Council on September 18, 2024, are hereby promulgated and shall come into effect on December 1, 2024
Li Qiang, Premier
Regulations of the People's Republic of China on Export Control of Dual-Use Items
Chapter 1 General Provisions
Article 1 These Regulations are enacted in accordance with the Export Control Law of the People's Republic of China (hereinafter referred to as the “Export Control Law”) to safeguard national security and interests, fulfill non-proliferation and other international obligations, and enhance and regulate the export control of dual-use items.
Article 2 The Regulations shall apply to the export control of dual-use items (hereinafter referred to as “dual-use export control”) implemented by the State.
For the purposes of the Regulations, the term "dual-use items" refers to items that can be used for both civilian and military purposes, or that can contribute to enhancing military potential, particularly goods, technologies, and services that can be used in the design, development, production, or use of weapons of mass destruction and their means of delivery, including relevant technical materials and other data.
For the purposes of the Regulations, the term “export control” refers to any prohibitive or restrictive measures taken by the State against the transfer of dual-use items from within the People's Republic of China (the PRC) to outside of the PRC, as well as against the provision of dual-use items by citizens, legal persons, and unincorporated organizations of the PRC to foreign organizations and individuals, including the trade-related export of dual-use items, as well as the transfer of dual-use items to foreign parties through donation, exhibition, cooperation, assistance, or other means.
Article 3 Dual-use export control efforts shall uphold the leadership of the Communist Party of China, adhere to the overall national security outlook, contribute to maintaining global peace, balance high-quality development with high-level security, and improve the regulation and services related to dual-use export control to enhance governance capacity in this area.
The export of dual-use items and related activities shall abide by laws, administrative regulations, and relevant State regulations, and must not jeopardize national security and interests.
Article 4 The National Coordination Mechanism for Export Control is responsible for organizing and guiding due-use export controls and coordinating major matters related to dual-use export control. The commerce authority under the State Council (the “State Council Commerce Authority”) shall be in charge of dual-use export controls, and other relevant State authorities shall perform tasks related to dual-use export control in accordance with their respective responsibilities. The State Council Commerce Authority and other relevant State authorities shall collaborate closely and enhance information sharing.
The commercial authority under the people's government of each province, autonomous region, or municipality directly under the Central Government (the “provincial commercial authority”) may, as authorized by the State Council Commerce Authority, perform tasks related to dual-use export control.
Article 5 The State Council Commerce Authority, in conjunction with relevant State authorities, shall establish an expert consultation mechanism for dual-use export control to provide advice on dual-use export controls. Experts shall uphold national security and interests, provide advice in an objectively, fair, scientific, and rigorous manner, and undertake a legal obligation to maintain confidentiality regarding state secrets, work secrets, trade secrets, personal privacy, personal information, etc. that they become aware of during the consultation.
Article 6 The State Council Commerce Authority shall formulate and publish compliance guidelines on dual-use export control while encouraging and guiding export operators, as well as business operators providing freight, third-party e-commerce transaction platforms, financial or other services to export operators, to establish and improve their internal dual-use export control compliance systems and to conduct their operations in a compliant and legal manner
Article 7 The State Council Commerce Authority and the foreign affairs authority under the State Council, in conjunction with other relevant State authorities, shall enhance international cooperation on dual-use export control, and participate in the development of related international rules.
The State Council Commerce Authority shall conduct cooperation and exchanges on dual-use export control with other countries and regions, international organizations, and others in accordance with the international treaties or agreements concluded or acceded to by the PRC, or based on the principles of equality and reciprocity. Other relevant State authorities shall conduct cooperation and exchanges related to dual-use export control in accordance with their respective responsibilities.
Article 8 Relevant chambers of commerce, associations, and other industry self-regulatory organizations shall, in accordance with laws, regulations, and their charters, provide their members with information consulting, dissemination, training, and other services related to dual-use export control, and strengthen industry self-regulation.
Chapter II Control Policies
Article 9 The State Council Commerce Authority, in conjunction with relevant State authorities, shall develop and adjust dual-use export control policies, among which, major policies shall be reported to the State Council or to both the State Council and the Central Military Commission for approval.
Article 10 The State Council Commerce Authority, in conjunction with the foreign affairs, Customs and other relevant State authorities, may assess the destination countries and regions for the export of dual-use items to identify their risk levels and implement control measures accordingly, taking into account the following factors:
(1) Impact on national security and interests;
(2) The need to fulfill non-proliferation or other international obligations;
(3) The need to comply with any international treaties or agreements concluded or acceded to by the PRC;
(4) The need to adhere to any relevant binding resolutions, measures, etc., adopted by the United Nations Security Council; and
(5) Other factors that need to be considered.
Article 11 The State Council Commerce Authority shall, in accordance with the provisions of the Export Control Law and these Regulations, formulate and adjust the dual-use export control list based on dual-use export control policies and according to the prescribed procedures, in conjunction with relevant State authorities, and publish them in a timely manner.
In formulating and adjusting the dual-use export control list, opinions may be solicited from relevant enterprises, chambers of commerce, associations, and other parties in an appropriate manner, and, if necessary, industry surveys and assessments may be conducted.
Article 12 As needed to safeguard national security and interests or to fulfill non-proliferation or other international obligations, and subject to approval by the State Council or by both the State Council and the Central Military Commission, the State Council Commerce Authority may implement temporary control on the export of goods, technologies, and services outside the dual-use export control list, and shall issue public announcements. The duration of temporary control shall not exceed two years for each instance.
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Order of the State Council of the People's Republic of China No. 792
September 30, 2024
The Regulations of the People's Republic of China on Export Control of Dual-Use Items, adopted at the 41st executive meeting of the State Council on September 18, 2024, are hereby promulgated and shall come into effect on December 1, 2024
Li Qiang, Premier
Regulations of the People's Republic of China on Export Control of Dual-Use Items
Chapter 1 General Provisions
Article 1 These Regulations are enacted in accordance with the Export Control Law of the People's Republic of China (hereinafter referred to as the “Export Control Law”) to safeguard national security and interests, fulfill non-proliferation and other international obligations, and enhance and regulate the export control of dual-use items.
Article 2 The Regulations shall apply to the export control of dual-use items (hereinafter referred to as “dual-use export control”) implemented by the State.
For the purposes of the Regulations, the term "dual-use items" refers to items that can be used for both civilian and military purposes, or that can contribute to enhancing military potential, particularly goods, technologies, and services that can be used in the design, development, production, or use of weapons of mass destruction and their means of delivery, including relevant technical materials and other data.
For the purposes of the Regulations, the term “export control” refers to any prohibitive or restrictive measures taken by the State against the transfer of dual-use items from within the People's Republic of China (the PRC) to outside of the PRC, as well as against the provision of dual-use items by citizens, legal persons, and unincorporated organizations of the PRC to foreign organizations and individuals, including the trade-related export of dual-use items, as well as the transfer of dual-use items to foreign parties through donation, exhibition, cooperation, assistance, or other means.
Article 3 Dual-use export control efforts shall uphold the leadership of the Communist Party of China, adhere to the overall national security outlook, contribute to maintaining global peace, balance high-quality development with high-level security, and improve the regulation and services related to dual-use export control to enhance governance capacity in this area.
The export of dual-use items and related activities shall abide by laws, administrative regulations, and relevant State regulations, and must not jeopardize national security and interests.
Article 4 The National Coordination Mechanism for Export Control is responsible for organizing and guiding due-use export controls and coordinating major matters related to dual-use export control. The commerce authority under the State Council (the “State Council Commerce Authority”) shall be in charge of dual-use export controls, and other relevant State authorities shall perform tasks related to dual-use export control in accordance with their respective responsibilities. The State Council Commerce Authority and other relevant State authorities shall collaborate closely and enhance information sharing.
The commercial authority under the people's government of each province, autonomous region, or municipality directly under the Central Government (the “provincial commercial authority”) may, as authorized by the State Council Commerce Authority, perform tasks related to dual-use export control.
Article 5 The State Council Commerce Authority, in conjunction with relevant State authorities, shall establish an expert consultation mechanism for dual-use export control to provide advice on dual-use export controls. Experts shall uphold national security and interests, provide advice in an objectively, fair, scientific, and rigorous manner, and undertake a legal obligation to maintain confidentiality regarding state secrets, work secrets, trade secrets, personal privacy, personal information, etc. that they become aware of during the consultation.
Article 6 The State Council Commerce Authority shall formulate and publish compliance guidelines on dual-use export control while encouraging and guiding export operators, as well as business operators providing freight, third-party e-commerce transaction platforms, financial or other services to export operators, to establish and improve their internal dual-use export control compliance systems and to conduct their operations in a compliant and legal manner
Article 7 The State Council Commerce Authority and the foreign affairs authority under the State Council, in conjunction with other relevant State authorities, shall enhance international cooperation on dual-use export control, and participate in the development of related international rules.
The State Council Commerce Authority shall conduct cooperation and exchanges on dual-use export control with other countries and regions, international organizations, and others in accordance with the international treaties or agreements concluded or acceded to by the PRC, or based on the principles of equality and reciprocity. Other relevant State authorities shall conduct cooperation and exchanges related to dual-use export control in accordance with their respective responsibilities.
Article 8 Relevant chambers of commerce, associations, and other industry self-regulatory organizations shall, in accordance with laws, regulations, and their charters, provide their members with information consulting, dissemination, training, and other services related to dual-use export control, and strengthen industry self-regulation.
Chapter II Control Policies
Article 9 The State Council Commerce Authority, in conjunction with relevant State authorities, shall develop and adjust dual-use export control policies, among which, major policies shall be reported to the State Council or to both the State Council and the Central Military Commission for approval.
Article 10 The State Council Commerce Authority, in conjunction with the foreign affairs, Customs and other relevant State authorities, may assess the destination countries and regions for the export of dual-use items to identify their risk levels and implement control measures accordingly, taking into account the following factors:
(1) Impact on national security and interests;
(2) The need to fulfill non-proliferation or other international obligations;
(3) The need to comply with any international treaties or agreements concluded or acceded to by the PRC;
(4) The need to adhere to any relevant binding resolutions, measures, etc., adopted by the United Nations Security Council; and
(5) Other factors that need to be considered.
Article 11 The State Council Commerce Authority shall, in accordance with the provisions of the Export Control Law and these Regulations, formulate and adjust the dual-use export control list based on dual-use export control policies and according to the prescribed procedures, in conjunction with relevant State authorities, and publish them in a timely manner.
In formulating and adjusting the dual-use export control list, opinions may be solicited from relevant enterprises, chambers of commerce, associations, and other parties in an appropriate manner, and, if necessary, industry surveys and assessments may be conducted.
Article 12 As needed to safeguard national security and interests or to fulfill non-proliferation or other international obligations, and subject to approval by the State Council or by both the State Council and the Central Military Commission, the State Council Commerce Authority may implement temporary control on the export of goods, technologies, and services outside the dual-use export control list, and shall issue public announcements. The duration of temporary control shall not exceed two years for each instance.
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