Application Cases for Rare Earth

Regulations of the People's Republic of China on Export Control of Dual-Use Items

Oct 15, 2024

Regulations approved by the State Council executive meeting

 

The 'Regulations of the People's Republic of China on Export Control of Dual-Use Items' were reviewed and approved at the State Council Executive Meeting on September 18, 2024.

 

Legislative process

On May 31, 2023, the General Office of the State Council issued the "Notice of the General Office of the State Council on Issuing the Legislative Work Plan of the State Council for 2023", preparing to formulate the "Regulations on Export Control of Dual-Use Items of the People's Republic of China".

On September 18, 2024, Premier Li Qiang presided over an executive meeting of the State Council to review and approve the "Regulations of the People's Republic of China on Export Control of Dual-Use Items (Draft)".

 

Related information

Background and Purpose

The background of formulating the Regulations of the People's Republic of China on Export Control of Dual-Use Items is to safeguard national security and interests, fulfill international obligations such as non-proliferation, and strengthen and standardize export control. The purpose of this regulation is to prevent dual-use items from being used in the design, development, production, or use of weapons of mass destruction and their delivery vehicles through the implementation of export control.

 

Main content

Definition of controlled items: Dual-use items refer to goods, technologies, and services that have both civilian and military uses or can help enhance military potential, especially goods, technologies, and services that can be used for the design, development, production, or use of weapons of mass destruction and their delivery vehicles.

Export Control Measures: The state implements a unified export control system, managed by formulating control lists, directories, or catalogs and implementing export licenses. The departments of the State Council and the Central Military Commission responsible for export control are in charge of export control work according to their respective responsibilities.

International Cooperation: The country strengthens international cooperation on export control and participates in the formulation of relevant international rules regarding export control.

Implementation: By the Export Control Law of the People's Republic of China, the state enforces export controls on dual-use items, military products, nuclear materials, and other goods, technologies, and services related to national security interests and fulfilling international obligations such as non-proliferation. The national department responsible for managing exports will collaborate with relevant departments to establish an expert consultation mechanism for export controls to provide advisory opinions. They will also timely publish guidelines for relevant industries to guide exporters in establishing and improving internal compliance systems for export controls while standardizing operations.

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