The following document is China’s draft regulation on export controls on dual-use items. This regulation, when finalized, will replace existing, separate regulations governing export controls on missile-related dual-use items and on nuclear, biological, and chemical weapons-related dual-use items. The PRC Ministry of Commerce is soliciting public feedback on this draft regulation through May 22, 2022.
The Chinese source text is available online at: http://images.exportcontrol.mofcom.gov.cn/attach/202204/22/20220422093935331.doc
An archived version of the Chinese source text is available online at: https://perma.cc/D5B4-BSSR
U.S. $1 ≈ 6.6 Chinese Yuan Renminbi (RMB), as of May 4, 2022.
Export Control Regulations for Dual-Use Items (Draft for Feedback)1
Chapter I General Provisions
Article 1
In order to safeguard national security and interests, perform nonproliferation and other international obligations, and strengthen and regulate the control of dual-use items, these Regulations are formulated in accordance with the Export Control Law of the People’s Republic of China (hereinafter referred to as the Export Control Law).
Article 2
These Regulations shall apply to the export control of dual-use items by the State.
As used in these regulations, “export control” shall mean the banning or restricting by the State of transfers of controlled items from within the People’s Republic of China to overseas, as well as the provision of controlled items by citizens, legal persons, or unincorporated organizations of the People’s Republic of China to foreign organizations and individuals.
As used in these Regulations, “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.
Article 3
Dual-use item export control work shall adhere to the holistic approach to national security (总体国家安全观), maintain international peace, integrate security and development, and improve dual-use item export control management and services.
Article 4
The State implements a unified dual-use item control system, carrying out management through control list formulation, implementation of export licensing, and other methods.
Article 5
The State Council department in charge of commerce (国务院商务主管部门) shall be responsible for dual-use item export control work. Other relevant departments of the State Council shall be responsible for relevant work in accordance with their division of duties.
The National Mechanism for Coordinating Export Controls for Dual-Use Items (国家两用物项出口管制工作协调机制) is responsible for the integrated coordination of major matters of dual-use item export control. The State Council department in charge of commerce and other relevant departments of the State Council shall cooperate closely and strengthen information sharing.
The commerce departments of provinces, autonomous regions, and provincial-level municipalities shall assist in carrying out dual-use item export control-related work such as license acceptance, supervision and inspection, and investigation.
Article 6
The State Council department in charge of commerce, together with other relevant departments, shall establish a dual-use item export control expert advisory mechanism (两用物项出口管制专家咨询机制), which shall provide advisory opinions on the formulation and adjustment of dual-use item export control laws, regulations, rules, and policies, control list compilation and adjustment, identification of items, review and approval of export applications, etc.
The dual-use item export control expert advisory mechanism shall be composed of experts in relevant fields. When issuing advisory opinions, experts shall follow the principles of objectivity, fairness, and rigorousness.
Article 7
The State Council department in charge of commerce shall formulate, adjust, and publish dual-use item export control guidelines in due course to guide exporters in establishing and improving internal compliance systems for dual-use item export control, and to regulate their operations. Where exporters establish internal compliance systems for dual-use item export control, and their operation is good, the State Council department in charge of commerce can grant them general licenses (通用许可) to export dual-use items, and other facilitative measures.
Corresponding export control compliance systems can be established for operators that provide agents, freight, delivery, customs clearance, third-party e-commerce trading platforms, financial services, and other services for the export of dual-use items.
The State Council department in charge of commerce may organize and carry out the evaluation of enterprises’ internal compliance operations for the control of dual-use item exports.
Article 8
Dual-use item exporters, and relevant organizations and individuals, may establish and participate in relevant chambers of commerce, associations, and other self-regulatory organizations in accordance with law.
Relevant chambers of commerce, associations, and other self-regulatory organizations shall comply with the provisions of laws and administrative regulations, provide export control-related services to their members in accordance with their charters, guide their members in strengthening internal compliance, and give full play to their coordination and self-discipline roles.
Article 9
The State Council departments in charge of commerce and foreign affairs, together with other relevant departments, shall strengthen international cooperation on dual-use item export controls, and participate in the formulation of international rules related to export controls.
The State Council department in charge of commerce shall carry out cooperation and exchanges on export controls with other countries or regions, international organizations, etc., based on the international treaties concluded or participated in, or in accordance with the principle of equality and reciprocity. Other relevant departments of the State Council shall be responsible for relevant work in accordance with their division of duties.
Article 10
The State Council department in charge of commerce, in accordance with the principle of equality and reciprocity, shall issue and manage the End User and End Use Statement (最终用户和最终用途说明) for other countries and regions according to their applications. Applicants shall strictly comply with the commitments made in their applications for the End User and End Use Statement.
Measures for management of the End User and End Use Statement shall be separately stipulated by the State Council department in charge of commerce.
Chapter II Control Policies, Control List, and Control Measures
For the rest of the translation, download the PDF below.
- Translator’s note: The feedback period for this draft regulation runs from April 22, 2022 to May 22, 2022, according to a notice published on MOFCOM’s export control information website. See “关于《两用物项出口管制条例（征求意见稿）》公开征求意见的通知” [“Notice on the Public Solicitation of Feedback on the Export Control Regulations for Dual-Use Items (Draft for Feedback)”], 中国出口管制信息网 [China Export Control Information], April 22, 2022, https://perma.cc/9BN4-AGJE.