Regulation of the People's Republic of China on the Export Control of Dual-use Items

Regulation of the People's Republic of China on the Export Control of Dual-use Items

Order of the State Council of the People's Republic of China
(No. 792)

The Regulation of the People's Republic of China on the Export Control of Dual-use Items, as adopted at the 41st executive meeting of the State Council on September 18, 2024, is hereby issued and shall come into force on December 1, 2024.

Premier: Li Qiang
September 30, 2024

Regulation of the People's Republic of China on the Export Control of Dual-use Items

Chapter I General Provisions
Article 1 This Regulation is enacted in accordance with the Export Control Law of the People's Republic of China (“Export Control Law”) and other applicable laws for the purposes of safeguarding national security and interest, fulfilling nonproliferation and other international obligations, and strengthening and regulating the export control of dual-use items.
Article 2 This Regulation shall apply to the export control of dual-use items by the state.
For the purposes of this Regulation, “dual-use items” means goods, technologies, and services that are for both civil and military purposes or contribute to an increase in military potential, especially those that may be applied to design, develop, produce, or use weapons of mass destruction and their means of delivery, including relevant technical information and other data.
For the purposes of this Regulation, “export control” means the prohibitive or restrictive measures taken by the state on the outward movement of dual-use items from the territory of the People's Republic of China and the provision of dual-use items by a citizen, legal person, or unincorporated organization of the People's Republic of China to a foreign organization or individual, including the export of dual-use items for trade, as well as the donation, exhibition, cooperation, and assistance to overseas parties and other forms of transfer.
Article 3 The export control of dual-use items shall be carried out by upholding the leadership of the Communist Party of China, adhering to the overall concept of state security, safeguarding international peace, coordinating high-quality development and high-level security, improving the administration of and services for the export control of dual-use items, and enhancing the governance capacity for the export control of dual-use items.
The export of dual-use items and related activities shall comply with the applicable laws, administrative regulations, and relevant provisions of the state, and shall not damage national security and interest.
Article 4 The national coordination mechanism for export control shall be responsible for organizing and guiding the export control of dual-use items and coordinating major matters concerning the export control of dual-use items. The commerce department of the State Council shall be responsible for the export control of dual-use items, and other relevant departments of the state shall be responsible for the work relating to the export control of dual-use items according to their respective duties. The commerce department of the State Council and other relevant departments of the state shall closely cooperate with each other to strengthen information sharing.
The commerce department of the people's government of a province, autonomous region, or municipality directly under the Central Government may, upon the entrustment of the commerce department of the State Council, carry out the work relating to the export control of dual-use items.
Article 5 The commerce department of the State Council shall, in conjunction with the relevant departments of the state, establish an expert advisory mechanism for the export control of dual-use items to provide advice on the export control of dual-use items. Experts shall safeguard national security and interest and provide advice in an objective, impartial, scientific, and rigorous manner, and shall, in accordance with the law, have the obligation to keep confidential the state secrets, work secrets, trade secrets, individual privacy, personal information, and other information to which they have access in the course of providing advice.
Article 6 The commerce department of the State Council shall develop and issue the compliance guidelines for the export control of dual-use items, encourage and guide export businesses and provide export businesses with freight transport, third-party e-commerce trading platforms, financial, and other services, establish and improve internal compliance rules for the export control of dual-use items, and regulate their operations in accordance with the law.
Article 7 The commerce department and the foreign affairs department of the State Council shall, in conjunction with other relevant departments of the state, strengthen international cooperation in the export control of dual-use items and participate in the development of relevant international rules.
The commerce department of the State Council shall, in accordance with treaties and agreements concluded or acceded to by China or under the principles of equality and mutual benefits, conduct cooperation and exchanges on the export control of dual-use items with other countries and regions and international organizations, among others. Other relevant departments of the state shall carry out cooperation and exchanges relating to the export control of dual-use items according to their respective duties.
Article 8 Relevant chambers of commerce, associations, and other industry self-regulatory organizations shall, in accordance with the provisions of applicable laws, regulations, and bylaws, provide their members with information consulting, publicity and training, and other services relating to the export control of dual-use items, and strengthen industry self-regulation.
Chapter II Control Policies
Article 9 The commerce department of the State Council shall, in conjunction with relevant departments of the state, develop and adjust the policies for the export control of dual-use items, among which major policies shall be reported to the State Council or to the State Council and the Central Military Commission for approval.
Article 10 The commerce department of the State Council may, in conjunction with the foreign affairs, Customs, and other relevant departments of the state, assess the destination countries and regions to which dual-use items are exported in light of the following factors, determine their risk levels, and take appropriate control measures:
(1) impact on national security and interest;
(2) the needs for fulfilling nonproliferation and other international obligations;
(3) the needs for fulfilling treaties and agreements concluded or acceded to by China;
(4) the needs for implementing relevant binding resolutions and measures, among others, adopted by the United Nations Security Council; and
(5) other factors that need to be considered.
Article 11 The commerce department of the State Council shall, in accordance with the provisions of the Export Control Law and this Regulation as well as the policies for the export control of dual-use items, develop and adjust the list of dual-use items subject to export control under the prescribed procedures in conjunction with the relevant departments of the state, and publish the list in a timely manner.
For the development and adjustment of the list of dual-use items subject to export control, the opinions of relevant enterprises, chambers of commerce, associations, and other parties may be solicited in an appropriate manner, and industrial surveys and assessment shall be conducted when necessary.
Article 12 As needed for maintaining national security and interest and fulfilling nonproliferation and other international obligations, with the approval of the State Council or both the State Council and the Central Military Commission, the commerce department of the State Council may exercise temporary control over the export of goods, technologies, and services not included in the list of dual-use items subject to export control, and make an announcement thereon. The term of temporary control shall not exceed two years each time. Assessment shall be conducted in a timely manner before the expiration of the term of temporary control, and based on the assessment result, a decision shall be made as follows:
(1) If control is no longer necessary, temporary control shall be canceled.
(2) If control needs to be continued but it is inappropriate to include it in the list of dual-use items subject to export control, temporary control shall be extended for no more than twice.
(3) If it is necessary to exercise the control for a long term, the item shall be included in the list of dual-use items subject to export control.
Article 13 As needed for safeguarding national security and interest and fulfilling nonproliferation and other international obligations, with the approval of the State Council or both the State Council and the Central Military Commission, the commerce department of the State Council may, in conjunction with other relevant departments of the state, prohibit the export of specific dual-use items or prohibit the export of specific dual-use items to specific destination countries and regions and specific organizations and individuals.
Chapter III Control Measures
Section 1 Licensing for the Export of Dual-Use Items
Article 14 The state shall implement a licensing system for the export of dual-use items.
To export any dual-use items specified in the export control list or dual-use items subject to temporary control, an export business shall apply to the commerce department of the State Council for licensing.
If relevant goods, technologies, and services fall under the circumstances specified in paragraph 3 of Article 12 of the Export Control Law, the export business shall apply for a license from the commerce department of the State Council in accordance with the provisions of the Export Control Law and this Regulation. If it is otherwise prescribed in any law, administrative regulation, or military regulation, such provisions shall prevail.
An export business shall understand the performance indicators and main uses, among others, of the goods, technologies, and services to be exported and determine whether such goods, technologies, and services are dual-use items; and if it is impossible to determine, the export business may consult the commerce department of the State Council, and the latter shall give a reply in a timely manner. If an export business files an inquiry, it shall, at the same time, provide the performance indicators and main uses of the goods, technologies, and services to be exported and the reasons for being unable to determine whether such goods, technologies, and services are dual-use items.
Article 15 For the export of dual-use items, a single or general license shall be obtained in accordance with the provisions of the Export Control Law and this Regulation or an export certificate shall be obtained through the registration and submission of information.
A single license allows an export business to export specific dual-use items to a single end user once within the scope, conditions, and validity period specified in the export license. The validity period of a single license shall not exceed one year, and the export license shall be invalidated automatically if the export is completed within the validity period.
A general license allows an export business to export specific dual-use items to a single or multiple end users for many times within the scope, conditions, and validity period specified in the export license. The validity period of a general license shall not exceed three years.
If an export certificate is obtained through the registration and submission of information, the export business shall, prior to each export of specific dual-use items, undergo registration formalities at the commerce department of the State Council, truthfully enter relevant information as required to obtain the export certificate, and export such items based on the export certificate.
Article 16 To apply for a single license, an export business shall file an application with the commerce department of the State Council in a written form or by data message, truthfully enter an application form for the export of dual-use items, and submit the following materials:
(1) the identifications of the applicant's legal representative, chief manager, and handling personnel;
(2) the duplicates of contracts or agreements relating to the export of dual-use items or other supporting documents;
(3) technical specifications or testing reports of dual-use items;
(4) end users and supporting documents on the end uses of dual-use items; and
(5) other materials required by the commerce department of the State Council.
An export business that has established internal compliance rules for the export control of dual-use items, is in good operating condition, and has relevant records of the export of dual-use items and relatively fixed export channels an......