Concern: The Export Control Law of the People's Republic of China



Export Control Law of the People's Republic of China


   (Adopted at the 22nd meeting of the Standing Committee of the 13th National People's Congress on October 17, 2020)


  table of Contents


   Chapter One   General Provisions


   Chapter 2   Control policies, control lists and control measures


  Section 1 General Provisions


  Section 2 Export management of dual-use items


   Section III   Military Products Export Management


  Chapter Three  Supervision and Management


  Chapter IV Legal Liability


   Chapter 5   Supplementary Provisions


   Chapter One   General Provisions


   Article 1   In order to safeguard national security and interests, fulfill international obligations such as non-proliferation, and strengthen and regulate export control, this law is formulated.


Article 2 The state’s export control of dual-use items, military products, nuclear and other goods, technologies, services and other items (hereinafter collectively referred to as controlled items) related to the maintenance of national security and interests and the performance of international obligations such as non-proliferation shall apply This law.


   The controlled items mentioned in the preceding paragraph include data related to the items such as technical data.


The term "export control" as used in this Law refers to the prohibition or restrictive measures taken by the state to transfer controlled items from the territory of the People's Republic of China to abroad, and the provision of controlled items by citizens, legal persons and unincorporated organizations of the People's Republic of China to foreign organizations and individuals. .


The term "dual-use items" as used in this law refers to items that have both civil and military uses or contribute to the enhancement of military potential, especially those that can be used to design, develop, produce or use weapons of mass destruction and their means of delivery Goods, technology and services.


  Military products referred to in this Law refer to equipment, special production equipment and other related goods, technologies and services used for military purposes.


  The term "nuclear" in this law refers to nuclear materials, nuclear equipment, non-nuclear materials used in reactors, and related technologies and services.


  Article 3 Export control work should adhere to the overall national security concept, maintain international peace, coordinate security and development, and improve export control management and services.


   Article 4   The country implements a unified export control system, which is managed by formulating control lists, directories or catalogs (hereinafter collectively referred to as control lists), and implementing export licenses.


  Article 5 The departments of the State Council and the Central Military Commission undertaking export control functions (hereinafter collectively referred to as the State Export Control Administration) shall be responsible for export control in accordance with the division of responsibilities. Other relevant departments of the State Council and the Central Military Commission are responsible for export control related work according to the division of responsibilities.


  The state establishes an export control coordination mechanism to coordinate major issues of export control. The national export control administration department and the relevant departments of the State Council should cooperate closely to strengthen information sharing.


  The national export control management department will establish an expert consultation mechanism for export control in conjunction with relevant departments to provide advice on export control work.


   The national export control management department will issue export control guidelines for relevant industries in a timely manner to guide export operators to establish and improve internal export control compliance systems and regulate operations.


  The relevant departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for export control related work in accordance with laws and administrative regulations.


  Article 6 The country strengthens international cooperation in export control and participates in the formulation of relevant international rules for export control.


  Article 7  Export operators may establish and participate in relevant chambers of commerce, associations and other industry self-regulatory organizations in accordance with the law.


  Relevant chambers of commerce, associations and other industry self-regulatory organizations shall abide by laws and administrative regulations, provide their members with services related to export control in accordance with their articles of association, and play a coordinating and self-regulating role.


   Chapter 2   Control policies, control lists and control measures


  Section 1 General Provisions


   Article 8   The national export control management department shall work with relevant departments to formulate export control policies, among which major policies shall be submitted to the State Council for approval, or to the State Council or the Central Military Commission for approval.


  The national export control administration can evaluate the countries and regions where the controlled items are exported, determine the risk level, and take corresponding control measures.


   Article 9   The national export control administration shall, in accordance with the provisions of this Law and relevant laws and administrative regulations, in accordance with the export control policies and in accordance with the prescribed procedures, formulate and adjust the export control list of controlled items in accordance with the prescribed procedures, and publish it in time.


In accordance with the needs of safeguarding national security and interests and fulfilling international obligations such as non-proliferation, with the approval of the State Council, or with the approval of the State Council and the Central Military Commission, the national export control authority may impose temporary control on goods, technologies and services not on the export control list. And be announced. The implementation period of temporary control shall not exceed two years.


   Before the expiration of the implementation period of the temporary control, an assessment shall be carried out in a timely manner, and a decision shall be made to cancel the temporary control, extend the temporary control or include the temporarily controlled items in the export control list based on the assessment results.


Article 10 According to the needs of safeguarding national security and interests, fulfilling international obligations such as non-proliferation, and with the approval of the State Council, or with the approval of the State Council or the Central Military Commission, the national export control management department in conjunction with relevant departments may prohibit the export of relevant controlled items, or The export of relevant controlled items to specific destination countries and regions, specific organizations and individuals is prohibited.


  Article 11  Export operators who engage in the export of controlled items shall abide by the provisions of this law and relevant laws and administrative regulations; if they are required to obtain the qualifications for exporting related controlled items in accordance with the law, they shall obtain the corresponding qualifications.


   Article 12   The state implements a licensing system for the export of controlled items.


   For the controlled items or temporary controlled items listed in the export control list, the export business operator shall apply to the national export control administration department for permission.


For goods, technologies, and services other than the controlled items listed in the export control list and the temporarily controlled items, the export operator knows or should know, or has been notified by the national export control administration, that the related goods, technologies and services may have the following risks , Should apply for permission from the national export control administration:


   (1) Endanger national security and interests;


   (2) Used to design, develop, produce or use weapons of mass destruction and their means of delivery;


   (3) is used for terrorist purposes.


   If an export business operator cannot determine whether the goods, technologies, and services to be exported belong to the controlled items specified in this law, and if they ask the national export control authority for consultation, the national export control authority shall respond in a timely manner.


  Article 13   The national export control administrative department comprehensively considers the following factors, examines the export operator’s application for export control items, and makes a decision to approve or disapprove:


   (1) National security and interests;


   (2) International obligations and external commitments;


   (3) Type of export;


   (4) Sensitivity of controlled items;


  (5) The country or region of export destination;


   (6) End user and end use;


   (7) Relevant credit records of export operators;


   (8) Other factors stipulated by laws and administrative regulations.


   Article 14   If an export operator has established an internal compliance system for export control, and the operation is in good condition, the national export control authority may grant general permits and other convenient measures for its export-related controlled items. The specific measures shall be formulated by the national export control administration department.


  Article 15  Export operators shall submit the end-user and end-use certification documents of the controlled items to the national export control administration. The relevant certification documents shall be issued by the end-user or the government agency of the country and region where the end-user is located.


  Article 16  The end user of the controlled items shall promise that they shall not change the end use of the related controlled items or transfer them to any third party without the permission of the national export control authority.


   Export operators or importers discover that the end user or the end use may change, they shall immediately report to the national export control administration in accordance with regulations.


   Article 17   The national export control administration shall establish end-user and end-use risk management systems for controlled items, evaluate and verify the end-users and end-uses of controlled items, and strengthen end-user and end-use management.


  Article 18 The national export control administration shall establish a control list for importers and end users in one of the following situations:


   (1) Violating end-user or end-use management requirements;


   (2) Those that may endanger national security and interests;


   (3) Using controlled items for terrorist purposes.


  For importers and end users included in the control list, the national export control authority can take necessary measures such as prohibiting or restricting the transactions of related controlled items, and ordering the suspension of the export of related controlled items.


  Export operators shall not violate the regulations to conduct transactions with importers and end users included in the control list. If export business operators really need to conduct transactions with importers and end users included in the control list under special circumstances, they may apply to the national export control management department.


Importers and end users included in the control list can apply for removal from the control list to the national export control management department if they no longer have the circumstances specified in the first paragraph after taking measures; the national export control management department may decide to be included in the control list based on actual conditions Importers and end users on the control list are removed from the control list.


   Article 19   The consignor of export goods or the agent declaration enterprise exporting controlled goods shall submit the license issued by the national export control management department to the customs and go through the customs declaration procedures in accordance with relevant national regulations.


If the consignor of the exported goods fails to submit the license issued by the national export control administration to the customs, and the customs has evidence that the exported goods may fall under the scope of export control, it shall challenge the consignor of the exported goods; the customs may export to the country The control management department proposes to organize the identification, and handle it according to the identification conclusion made by the national export control management department. During the period of identification or questioning, the customs will not release the exported goods.


   Article 20   Any organization or individual shall not provide agency, freight, delivery, customs declaration, third-party e-commerce transaction platform and financial services for export operators who engage in illegal export control activities.


  Section 2 Export management of dual-use items


   Article 21   When an export operator applies for the export of dual-use items to the national dual-use item export control authority, he shall truthfully submit relevant materials in accordance with the provisions of laws and administrative regulations.


Article 22 The national dual-use item export control department accepts applications for the export of dual-use items, and examines the export applications of dual-use items individually or in conjunction with relevant departments in accordance with the provisions of this Law and relevant laws and administrative regulations. The decision to approve or disapprove is made within the statutory time limit. If a decision to approve a license is made, the license-issuing authority shall issue an export license in a unified manner.


   Section III   Military Products Export Management


  Article 23 The country implements a military export monopoly system. Business operators engaged in military products export shall obtain the exclusive qualification for military products export and engage in military product export business activities within the approved business scope.


   The qualifications for military export franchise are reviewed and approved by the national military export control administration.


   Article 24   Military product export operators shall, in accordance with the control policies and product attributes, apply to the national military product export control administrative department for the approval of military product export projects, military product export projects, and military product export contract review and approval procedures.


   The establishment of major military product export projects, major military product export projects, and major military product export contracts shall be reviewed by the national military product export control management department in conjunction with relevant departments and reported to the State Council and the Central Military Commission for approval.


   Article 25   Before exporting military products, military product export operators shall apply to the national military product export control administration for a military product export license.


   When military product exporters export military products, they shall submit to the customs a license issued by the national military product export control administration department and go through customs declaration procedures in accordance with relevant national regulations.


   Article 26   Military product export operators shall entrust approved military product export transportation enterprises to handle military product export transportation and related businesses. The specific measures shall be formulated by the national military product export control administrative department in conjunction with relevant departments.


   Article 27   Military export operators or scientific research and production units participating in international military exhibitions shall go through the approval procedures with the national military export control administration in accordance with the procedures.


  Chapter Three  Supervision and Management


  Article 28 The national export control administration shall supervise and inspect the export activities of controlled items in accordance with the law.


   The national export control administration may take the following measures to investigate suspected violations of the provisions of this law:


   (1) Enter the business premises of the respondent or other relevant premises for inspection;


   (2) Interrogate the investigated, interested persons, and other relevant organizations or individuals, and ask them to explain matters related to the incident under investigation;


  (3) To consult and copy the documents and materials of the surveyed person, interested parties and other related organizations or individuals, such as documents, agreements, accounting books, business correspondence, etc.;


   (4) Check the means of transport used for export, stop the loading of suspicious export items, and order the return of illegally exported items;


   (5) Seal up and seize related items involved in the case;


   (6) Inquire about the bank account of the respondent.


  The fifth and sixth measures of the preceding paragraph shall be approved in writing by the person in charge of the national export control management department.


   Article 29   The national export control management department performs its duties in accordance with the law, and the relevant departments of the State Council, local people's governments and relevant departments shall provide assistance.


   The national export control administration, alone or in conjunction with relevant departments, shall carry out supervision, inspection and investigation work in accordance with the law. Relevant organizations and individuals shall cooperate and shall not refuse or obstruct.


  Relevant state agencies and their staff are obliged to keep confidential the state secrets, trade secrets, personal privacy and personal information learned during the investigation.


  Article 30: In order to strengthen the export management of controlled items and prevent the risk of illegal export of controlled items, the national export control management department may take measures such as supervisory talks and issuing warning letters.


   Article 31   Any organization or individual has the right to report suspected violations of the provisions of this law to the national export control administration. After receiving the report, the national export control administration shall handle the report promptly in accordance with the law and keep the reporter confidential.


   Article 32   The national export control administration shall carry out export control cooperation and exchanges with other countries or regions, international organizations, etc., in accordance with international treaties that have been concluded or participated in, or in accordance with the principle of equality and reciprocity.


   Organizations and individuals within the territory of the People's Republic of China shall provide information related to export control outside the country in accordance with the law; they shall not provide information that may endanger national security and interests.


  Chapter IV Legal Liability


Article 33. If an export operator does not obtain the export business qualifications for the relevant controlled items, he shall be given a warning, ordered to stop illegal activities, confiscate the illegal income, and the illegal business amount is more than 500,000 yuan, and shall be punished concurrently. A fine of five to ten times the illegal business amount; if there is no illegal business amount or the illegal business amount is less than 500,000 yuan, a fine of 500,000 yuan to 5 million yuan shall be imposed.


       Article 34 If an export operator commits one of the following acts, he shall be ordered to stop the illegal act, and the illegal income shall be confiscated. If the illegal business turnover exceeds 500,000 yuan, a fine of five to ten times the illegal business turnover shall be imposed; no illegal business operation If the amount or illegal business amount is less than 500,000 yuan, a fine of more than 500,000 yuan and less than 5 million yuan shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification until the qualification for export business of related controlled items is revoked:


   (1) Export controlled items without permission;


   (2) Export-controlled items beyond the scope of the export license;


   (3) Export prohibited items.


       Article 35. Whoever obtains the export license of controlled items by fraud, bribery or other illegal means, or illegally transfers the export license of controlled items, shall revoke the license, confiscate the export license, confiscate the illegal income, and the illegal business volume of 200,000 yuan If there is no illegal business amount or the illegal business amount is less than 200,000 yuan, a fine of not less than 200,000 yuan but not more than 2 million yuan shall be imposed concurrently.


Forgery, alteration, or trading of export licenses for controlled items, the illegal income shall be confiscated, and the illegal business amount shall be more than 50,000 yuan, and a fine of five to ten times the illegal business amount shall be imposed; there is no illegal business amount or the illegal business amount is less than five If it is 10,000 yuan, a fine of 50,000 yuan up to 500,000 yuan shall be imposed.


       Article 36 If an export operator knows that he is engaged in illegal export control and still provides services such as agency, freight, delivery, customs declaration, third-party e-commerce trading platform and financial services, he shall be given a warning, ordered to stop the illegal act, and confiscated the illegal income. If the illegal business amount is more than 100,000 yuan, a fine of three to five times the illegal business amount shall be imposed; if there is no illegal business amount or the illegal business amount is less than 100,000 yuan, a fine of 100,000 yuan to 500,000 yuan shall be imposed.


        Article 37: If an exporter violates the provisions of this Law to conduct transactions with importers and end users included in the control list, he shall be given a warning, ordered to stop the illegal act, confiscate the illegal income, and the illegal business amount exceeds 500,000 yuan, and A fine of ten to twenty times the illegal business value; if there is no illegal business value or the illegal business value is less than 500,000 yuan, a fine of 500,000 yuan to 5 million yuan shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification. Until the export business qualification of related controlled items is revoked.


   Article 38   If an export operator refuses or obstructs supervision and inspection, a warning shall be given and a fine of 100,000 yuan up to 300,000 yuan shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification until the qualification for export business of related controlled items is revoked.


Article 39 For export business operators who are punished in violation of the provisions of this law, the national export control authority may not accept their export license applications for five years from the date when the penalty decision takes effect; Other persons directly responsible may be prohibited from engaging in relevant export business activities within five years, and those who have received criminal penalties for violations of export control laws shall not engage in relevant export business activities for life.


   The national export control authority shall include the violation of this law by export operators in their credit records in accordance with the law.


   Article 40   The export control violations stipulated in this law shall be punished by the national export control management department; if the law or administrative regulations stipulate that the customs shall be punished by the customs, it shall be punished in accordance with this law.


   Article 41   Relevant organizations or individuals who are dissatisfied with the state export control administration's decision to disapprove may apply for administrative reconsideration according to law. The administrative reconsideration decision is final.


   Article 42   State officials engaged in export control management who neglect their duties, engage in malpractices for personal gains, or abuse their powers shall be punished according to law.


   Article 43   Violation of the relevant export control regulations of this law and endangering national security and interests shall be dealt with and punished in accordance with relevant laws and administrative regulations in addition to penalties in accordance with the provisions of this law.


   In violation of the provisions of this law, the export of controlled items prohibited by the country or exported without permission shall be investigated for criminal responsibility in accordance with the law.


   Article 44   Organizations and individuals outside the People’s Republic of China that violate the relevant export control regulations of this Law, endanger the national security and interests of the People’s Republic of China, and hinder the performance of international obligations such as non-proliferation, shall be dealt with in accordance with the law and be held accountable.


   Chapter 5   Supplementary Provisions


Article 45: The transit, transshipment, transportation, re-export of controlled items, or export from bonded areas, export processing zones, and other special customs supervision areas and export supervision warehouses, bonded logistics centers, and other bonded supervision sites to overseas shall be in accordance with this law. Implementation of relevant regulations.


   Article 46   The export of nuclear and other controlled items, if this law does not provide for it, shall be implemented in accordance with the relevant laws and administrative regulations.


  Article 47 The export of military products used for the overseas use of armed forces, foreign military exchanges, military assistance, etc., shall be implemented in accordance with relevant laws and regulations.


  Article 48: Where any country or region abuses export control measures to endanger the national security and interests of the People’s Republic of China, the People’s Republic of China may take reciprocal measures against that country or region based on actual conditions.


   Article 49   This law shall come into force on December 1, 2020.