Circular of the Ministry of Commerce on Seeking Comments on the Export Control Law (Draft for Comment)
Circular of the Ministry of Commerce on Seeking Comments on the Export Control Law (Draft for Comment)
Circular of the Ministry of Commerce on Seeking Comments on the Export Control Law (Draft for Comment)
June 16, 2017
With a view to implementing the guidelines of the third and fourth plenary sessions of the 18th Party Central Committee and pursuant to the 2016 Legislative Working Plan of the State Council and the 2017 Legislative Working Plan of the State Council, the Ministry of Commerce has led the drafting of the Export Control Law and formed the Export Control Law (Draft for Comment).
Major countries and regions in the world have launched their own export control law. Since the 1990s, China has successively formulated the Regulation on the Control of Nuclear Exports, the Regulations on the Export Controls of Nuclear-Related Dual-Use Items and Technologies and other administrative regulations and rules, preliminarily forming the export control law system that covers such dual-use items as military products, nuclear products, biological products, chemical products and missiles. In order to better promote and safeguard export control, protect the national security and development interests of the State, and fulfill international obligations, it is of necessity to formulate fundamental legislation for the field of export control to guide all existing administrative regulations and rules. In the process of drafting, we use the basis of domestic experience legislation and practice, learn from international conventions, and make provisions mainly in respect of the application scope of the Export Control Law, international cooperation, export control policies and inventories, licensing administrative regime, supervision of law enforcement, legal liabilities, etc.
The draft for comment is hereby released to the public to extensively listen to opinions of all walks of life. The public may give opinions through the following ways:
I. Log onto the website of the Ministry of Commerce (website: http://www.mofcom.gov.cn), enter the webpage "Seek Comments", and click the "Comments Sought on the Export Control Law of the People's Republic of China (Draft for Comment)" to voice opinions;
II. E-mail: tfs_zonghe@mofcom.gov.cn
III. Fax: 65198905 and 65198997
IV. Letter: Department of Treaty and Law of the Ministry of Commerce, No. 2 Dong Chang'an Avenue, Beijing 100731.
Please mark "Public Comments Sought on the Export Control Law" in the subject of any e-mail, and on the first page of any fax and envelope.
The deadline for feedback of opinions is July 15, 2017.
Export Control Law of the People's Republic of China (Draft for Comment)
Chapter I General Provisions
Article 1 [Legislation Purpose] This Law is formulated for the purpose of protecting the national security and development interests of the State, fulfilling international obligations in nonproliferation, and strengthening export control.
Article 2 [Application Scope] This Law shall apply to the State's control of the export of dual-use items, military products, nuclear, and other goods, technologies, services and items that relate to national security (hereinafter referred to as the "controlled items").
Article 3 [Definitions of Export Control, Dual-use Items, Military Products, and Nuclear]
Export Control: for the purpose of this Law, export control refers to the prohibitive or restrictive measures taken by the State on the transfer of controlled items from within the territory of the People's Republic of China to overseas, and the act performed by a citizen, legal person or other organization of the People's Republic of China to provide any foreign citizen, legal person or other organization with controlled items.
Dual-use Items: for the purpose of this Law, dual-use items refer to items that can both be used for civil affairs and be applied for military affairs or are favorable to boosting military potentials, especially those goods, technologies and services that can be used to design, develop, produce or use weapons of mass destruction.
Military Products: for the purpose of this Law, military products refer to equipment, special production facilities and other materials, technologies and relevant services.
Nuclear: for the purpose of this Law, nuclear refers to relevant nuclear materials, nuclear equipment, and non-nuclear materials and related technologies and services used for reactors.
Article 4 [Control Measures] The State adopts a uniform export control regime and imposes administration of export control by launching control lists, licensing or otherwise.
Article 5 [Competent Authorities] Departments as designated by the State Council and the Central Military Commission to perform functions of export control (hereinafter referred to as the "State's competent authorities of export control") shall be in charge of the export control respectively.
Relevant provincial competent authorities may work to impose export control as authorized or entrusted.
Article 6 [Coordination between Competent Authorities] In the case of major matters concerning the formulation of and adjustments to the control lists, disputes over the licensing of export control, export control law enforcement, and information sharing, the State's competent authorities of export control shall step up their efforts to coordinate with each other.
Article 7 [Expert Consulting System] The State's competent authorities of export control in concert with related departments shall establish an expert consulting mechanism, under which experts provide professional advisory services and give relevant authentication opinions in respect of the formulation of export control policies, licensing management and law enforcement.
Article 8 [Principle of Overall Outlook of State Security] Export control shall comply with the overall outlook of State security and focus on the coordination between security protection and economic development.
Article 9 [Principal of Equivalence] In the event that any country (region) takes discriminatory measures in respect of export control against the People's Republic of China, the People's Republic of China may take the corresponding measures against such country (region).
Article 10 [International Cooperation] The State's competent authorities of export control shall have exchanges and cooperation with other countries, regions, international organizations, and international mechanisms, and take part in making international standards, pursuant to the international treaties that China has signed or entered into.
In the event that it is truly necessary for citizens, legal persons and other organizations of the People's Republic of China to provide overseas parties with relevant information due to export control causes, and such information is likely to relate to national security, national security evaluation must be conducted in advance.
Chapter Control Policies and Lists
Article 11 [Control Policies] The State's competent authorities of export control shall formulate export control policies in concert with relevant departments, depending on the needs for national security and development interests; significant policies shall be reported to the State Council or to the State Council and the Central Military Commission for approval.
Article 12 [Control in Urgent Situations] During wartime or in the case of any other urgent situations concerning international relations, the State may put in place any necessary measures of control over the export of any goods, technologies and services, in order to safeguard security and interests.
Article 13 [Formulation of and Adjustments to Control Lists] The competent authority of the export control of dual-use items shall, in concert with relevant departments, formulate and adjust the export control list for dual-use items, and submit the same to the State Council for approval before making it public.
The competent authority of the export control of military products shall, in concert with relevant departments of the State Council and the Central Military Commission, formulate and adjust the export control list for military products, and submit the same to the State Council and the Central Military Commission for approval before making it public.
Article 14 [Temporary Control] The State's competent authorities of export control in concert with relevant departments may decide to impose temporary control over items not identified on the control list, upon approval of the State Council or the Central Military Commission.
The duration of temporary control shall be no longer than two years.
Article 15 [Forbidden Export] The State's competent authorities of export control in concert with relevant departments may prohibit the export of relevant controlled items, or forbid the export of such items to particular destinations or designated natural persons, legal persons or other organizations, upon approval of the State Council or the Central Military Commission.
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