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Export Control Regulations for Dual-Use Items Open for Public Comments

Mon, 06 Jun 2022
Categories: China Legal Trends

On 22 Apr. 2022, China’s Ministry of Commerce issued the “Export Control Regulations for Dual-Use Items (Draft for Public Comment)” (两用物项出口管制条例, hereinafter “the Draft Regulations”) for public comment through 22 May 2022.

The Draft Regulations consists of 60 articles and is divided into five chapters, including control policies, control list and control measures, supervision and administration, and legal liability.

Dual-use items shall mean goods, technologies, and services that have civilian uses and also have military uses or contribute to the enhancement of military potential, in particular those that can be used for the design, development, production or use of weapons of mass destruction and their means of delivery.

Prior to this, China has promulgated administrative regulations on export control of dual-use items in four areas including nuclear, missile, biological items, and chemicals.

With the enactment of the Export Control Law, China has gradually built up an export control system covering dual-use items, military products, nuclear, other related goods, technologies, services and other items.

For this purpose, China now needs a unified administrative regulation for export control of dual-use items, which aims to solve the problem that existing regulations are relatively scattered. This is the reason why the Ministry of Commerce drafted the Regulations.

After the Ministry of Commerce drafts the Regulations, China’s State Council will finally decide whether to approve the promulgation of the Regulations.



Cover Photo by Marcellin Bric on Unsplash

Contributors: CJO Staff Contributors Team

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