The following translation is of China’s export control regulation for dual-use items and technologies. The regulation gives China’s Ministry of Commerce oversight of the process of determining which domestic technologies are dual-use and which destination countries and end users are allowed to import them, and specifies fines and other penalties for noncompliance. It replaces previous Chinese regulations specific to the export of dual-use nuclear, chemical, biological, and missile-related goods and technologies.

An archived version of the Chinese source text is available online at:   https://perma.cc/82YN-NGWW

Order of the State Council of the People’s Republic of China

No. 792

The Regulation of the People’s Republic of China on Export Controls for Dual-Use Items, adopted at the 41st executive meeting of the State Council, is hereby issued and shall be effective as of December 1, 2024.

Premier Li Qiang

September 30, 2024

Regulation of the People’s Republic of China on Export Controls for Dual-Use Items

Chapter I     General Provisions

Article 1          This Regulation is formulated in accordance with the Export Control Law of the People’s Republic of China (hereinafter referred to as the Export Control Law)¹ and other laws in order to safeguard national security and national interests, perform international obligations such as nonproliferation, and strengthen and regulate the control of dual-use items.

Article 2     This Regulation shall apply to the export control of dual-use items by the State.

As used in this Regulation, “dual-use items” shall mean goods, technologies, and services that have civilian uses and also have military uses or contribute to the enhancement of military potential, in particular those that can be used for the design, development, production, or use of weapons of mass destruction (WMD) and their means of delivery, including relevant technical reference and other data.

As used in this Regulation, “export control” refers to measures adopted by the State to ban or restrict the transfer of dual-use items from within the People’s Republic of China to areas outside the PRC,² as well as the provision of dual-use items by citizens, legal persons, and organizations without legal person status (非法人组织) of the People’s Republic of China to foreign (外国) organizations and individuals, including the export of dual-use items for trade purposes and the external (对外) transfer of such items through donation, exhibition, cooperation, assistance, and other means.

Article 3     Work on the export control of dual-use items shall adhere to the leadership of the Chinese Communist Party, adhere to the holistic approach to national security (总体国家安全观), safeguard international peace, and do overall planning for both high-quality development and a high level of security, so as to improve dual-use item export control management and services, and increase governance capacity in the export control of dual-use items.

Exporting of dual-use items and related activities shall comply with laws, administrative relations, and relevant national provisions, and shall not harm national security or national interests.

To view the rest of this translation, download the pdf below.

1. Translator’s note: An archived version of China’s official English translation of the Export Control Law of the People’s Republic of China (中华人民共和国出口管制法) is available online at: https://perma.cc/9VUS-SE8Z.
2. Translator’s note: The Chinese word 境内, translated throughout as “within,” as in “within the People’s Republic of China,” refers specifically to so-called mainland China, that is, the PRC excluding Hong Kong, Macao, and Taiwan. Likewise, the Chinese word 境外, translated throughout as “outside,” as in “outside the PRC” can refer either to foreign countries or to Hong Kong, Macao, or Taiwan. Thus, for example, this Regulation applies to transfers of dual-use goods or technology from mainland China to Hong Kong or foreign countries, but not to said transfers from Hong Kong to foreign countries.