Export Control Law of the People's Republic of China
Table of Contents
Chapter I General Provisions
第一章 總 則
Chapter II Control Policies, Control List and Control Measures
Section 1 General Provisions
Section 2 Administration of Export of Dual-use Items
Section 3 Administration of Export of Military Products
Chapter III Supervision and Administration
Chapter IV Legal Liability
Chapter V Supplemental Provisions
第五章 附 則
Chapter I General Provisions
第一章 總 則
Article 1 This Law is enacted for the purposes of safeguarding national security and interest, performing nonproliferation and other international obligations, and strengthening and regulating export control.
Article 2 This Law shall apply to the control exercised by the state on the export of dual-use items, military products, nuclear and other goods, technologies, services, and other items relating to safeguarding national security and interest and performing nonproliferation and other international obligations (hereinafter collectively referred to as the “controlled items”).
For the purposes of the preceding paragraph, “controlled items” include technical materials and other data relating to the items.
For the purposes of this Law, “export control” means the prohibitive or restrictive measures taken by the state against the transfer of controlled items from the territory of the People's Republic of China to overseas and the provision of controlled items by a citizen, legal person, or incorporated organization of the People's Republic of China to a foreign organization or foreigner.
For the purposes of this Law, “dual-use items” means goods, technologies, and services that may be used either for civil purposes or for military purposes or to contribute to an increase in military potential, especially to design, develop, produce or use weapons of mass destruction and their conveyances.
For the purposes of this Law, “military products” means the equipment, special production equipment, and other relevant goods, technologies, and services used for military purposes.
For the purposes of this Law, “nuclear” means nuclear materials, nuclear equipment, non-nuclear materials for reactor use, as well as relevant technologies and services.
Article 3 All export control work shall adhere to the overall national security view, safeguard international peace, coordinate security and development, and improve export control administration and services.
Article 4 The state shall implement unified rules for export control and exercise administration by formulating a control list, directory or catalogue (hereinafter collectively referred to as the “control list”), implementing export licensing, and other methods.
Article 5 The departments of the State Council and the Central Military Commission undertaking export control functions (hereinafter collectively referred to as the “export control administrative departments of the state”) shall undertake the export control work according to the division of functions. Other relevant departments of the State Council and the Central Military Commission shall undertake the work relating to export control according to the division of functions.
The state shall establish a coordination mechanism for the export control work to conduct overall coordination of significant affairs concerning the export control work. The export control administrative department of the state and the relevant departments of the State Council shall cooperate closely and strengthen information sharing.
The export control administrative department of the state shall, in conjunction with the relevant departments, establish an expert advisory mechanism for export control, and provide advices on the export control work.
The export control administrative department of the state shall, at appropriate times, issue the guidelines for export control in relevant industries, and direct exporters to establish and improve internal compliance rules for export control, and regulate operations.
The relevant departments of people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall undertake the work relating to export control in accordance with the provisions of laws and administrative regulations.
Article 6 The state shall strengthen international cooperation in export control and participate in the development of international rules on export control.
Article 7 An exporter may establish or join a relevant chamber of commerce, association, or any other industry self-regulatory organization in accordance with the law.
A relevant chamber of commerce, association, or any other industry self-regulatory organization shall comply with laws and administrative regulations, provide its members with services relating to export control in accordance with its articles of association, and play a coordinating and self-regulatory role.
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