The following document is the current (as of July 29, 2020) draft of an export control bill currently being considered by China’s parliament, the National People’s Congress. The bill limits exports of dual-use items, military equipment, nuclear materials, and other goods of counterproliferation concern, and sets penalties for Chinese exporters who violate the provisions of the bill.
Source: NPC website, June 28, 2020. The NPC is China’s parliament; it generally rubber-stamps legislation drafted by or sponsored by the Communist Party of China (CPC). The NPC announced on its website that it is soliciting public feedback on this bill through August 16, 2020.
The Chinese source text is available online at: http://www.npc.gov.cn/flcaw/flca/ff80808172b5f24f017313a7ed142bf4/attachment.pdf
US $1 ≈ 7 Chinese Yuan Renminbi (RMB), as of July 29, 2020.
Translator: Etcetera Language Group, Inc.
Editor: Ben Murphy, CSET Translation Lead
Chapter I General Provisions
Article 1 This law is formulated to protect national security, safeguard national interests, fulfill international obligations, such as those related to counterproliferation, and strengthen and standardize export controls.
Article 2 This law shall apply to dual-use items, military items, nuclear items, and other items such as goods, technology, or services related to the fulfillment of international obligations related to counterproliferation and the protection of national security (hereinafter referred to collectively as “controlled items”).
As defined under this law, “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 defined under this law, “dual-use items” shall mean items with both a civil application and a military application or the potential to help improve military capacity, especially goods, technology, or services that may be used to design, develop, produce, or utilize weapons of mass destruction.
As defined under this law, “military items” shall mean equipment, specialized manufacturing equipment, and other related goods, technologies, or services used for military purposes.
As defined under this law, “nuclear” shall refer to nuclear materials, nuclear equipment, non-nuclear material used in reactors, and other related technologies and services.
Article 3 Export control work shall be in line with the overall approach to national security, protect international peace, promote safety and development, and improve the administration and services of export control.
Article 4 The State shall implement a unified export control system that shall be managed through such methods as the drafting of export control lists and implementation of export licenses.
Article 5 The State Council and the Central Military Commission shall oversee the departments in charge of export control (hereinafter collectively referred to as the national export control administrative departments), which shall be responsible for export control work according to their respective responsibilities. Other relevant departments of the State Council and Central Military Commission shall be responsible for export control work according to their respective responsibilities.
The State shall establish a coordinated mechanism for export controls to coordinate important matters related to export control. The national export control administrative departments shall work in close coordination and improve information sharing with the relevant State Council departments.
The national export control administrative departments shall, in conjunction with the relevant departments, establish a dedicated export control advisory mechanism to provide advice and opinions on export control.
The national export control administrative departments shall publish export control guidelines for relevant industries in due course to provide guidance to businesses on standardizing their operations.
The relevant departments of the People’s Governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for all export control-related work as provided by law and administrative regulation.
Article 6 The State shall increase international cooperation related to export controls and participate in the drafting of international export control regulations.
Article 7 Exporters may establish and participate in relevant self-regulatory organizations, such as chambers of commerce or associations, as provided by law.
Relevant self-regulatory organizations, such as chambers of commerce or associations, shall follow all laws and administrative regulations, provide services related to export controls to their members in accordance with their bylaws, and fulfill their roles of coordination and self-regulation.