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China Further Regulates Export of Dual-Use Items

Mon, 27 Mar 2023
Categories: China Legal Trends

On 12 Feb. 2023, China’s Ministry of Commerce (MOFCOM) issued the “Notice on Further Improving Export Control of Dual-Use Items” (hereinafter the “Notice”, 关于进一步做好两用物项出口管制工作的通知).

In the Notice, the MOFCOM emphasized to local regulators the regulatory rules for export control of dual-use items.

The highlights are as follows:

  • Exporters shall not export dual-use items without approval, shall not export dual-use items beyond the end-users, end-uses, and other approved scopes, and shall not export items prohibited from export.
  • Importers and end-users should strictly comply with management provisions on end users and end uses, and shall not illegally modify, change or transfer relevant items for non-civilian purposes, or transfer relevant items to any third party without authorization.
  • Where the exporter finds or is informed by the MOFCOM that there may exist such risks as endangering the national security and interests with regard to the goods, technologies and services other than the controlled items and the temporarily controlled items on the export control list of the dual-use items, the exporter shall stop such exports immediately and take measures to mitigate or eliminate the harmful consequences.

 

 

Cover Photo by Haus Yang on Unsplash

Contributors: CJO Staff Contributors Team

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