Adopted at the 22nd Session of the Standing Committee of the 13th National People’s Congress on October 17, 2020
Effective: December 1, 2020
Table of Contents
Chapter I — General Provisions
Article 1 — This Law is enacted for the purposes of safeguarding national security and interests, fulfilling non-proliferation and other international obligations, and strengthening and regulating export controls.
Article 2 — The State shall implement export controls over controlled items such as dual-use items, military products, nuclear materials, and other goods, technologies, and services relevant to safeguarding national security and interests and fulfilling non-proliferation and other international obligations. The term “export controls” as used in the preceding paragraph refers to the prohibitive or restrictive measures imposed by the State on the transfer of controlled items from the territory of the People’s Republic of China to overseas, as well as the provision of controlled items by citizens, legal persons, and unincorporated organizations of the People’s Republic of China to foreign organizations or individuals. The term “controlled items” as used in this Law includes goods, technologies, services, and other items, as well as technical materials and other data relating to such goods, technologies, and services.
Article 3 — Export controls shall be based on the need to safeguard national security and interests, and shall be applied in a fair, reasonable, and non-discriminatory manner.
Article 4 — The State shall adopt a unified export control system and shall accomplish export control through the formulation of control lists, catalogs, or directories, the implementation of export licensing, and other methods.
Article 5 — The departments of the State Council and the Central Military Commission that are responsible for export control administration shall, in accordance with the division of functions and duties, carry out export control administration. Other relevant departments of the State Council and the Central Military Commission shall, within the scope of their respective functions and duties, carry out the relevant work on export controls. The State shall establish a coordination mechanism for export controls to coordinate and advance major matters in export controls. The departments of the State Council and the Central Military Commission that are responsible for export control administration shall, in conjunction with the relevant departments of the State Council, strengthen guidance over and services to export business operators.
Article 6 — The State shall strengthen international cooperation in the field of export controls and participate in the formulation of international rules on export controls.
Article 7 — Export business operators may establish and join relevant trade associations and chambers of commerce in accordance with the law, and such trade associations and chambers of commerce shall comply with laws and administrative regulations and shall provide their members with services relating to export controls in accordance with their charters, and shall play a coordinating and self-disciplinary role.
Chapter II — Export Control Lists and Administration
Article 8 — The departments of the State Council and the Central Military Commission that are responsible for export control administration shall, in conjunction with the relevant departments of the State Council, formulate export control lists, catalogs, or directories of controlled items, and shall publish them in due time.
Article 9 — The State may, based on the need to safeguard national security and interests, impose temporary controls on goods, technologies, and services outside the scope of the export control lists. The duration of temporary controls shall not exceed two years. Where, upon the expiration of the temporary control period, a decision is made that temporary controls are no longer necessary, the temporary controls shall be lifted. Where the controlled items satisfy the requirements for inclusion in the export control lists, they shall be promptly included in the export control lists.
Article 10 — The State may, based on the need to safeguard national security and interests and to fulfill non-proliferation and other international obligations, prohibit the export of specific controlled items, or impose prohibitive measures on the export of controlled items to specific destination countries or regions, or to specific organizations or individuals.
Article 11 — Export business operators that export controlled items shall obtain an export license from the relevant administrative department for export controls in accordance with the provisions of this Law and relevant laws and administrative regulations.
Article 12 — When applying for an export license for controlled items, export business operators shall submit the relevant materials to the administrative department for export controls, truthfully reflecting the final users and the final uses of the controlled items, and submit supporting documents issued by the final users and final-use countries or regions.
Article 13 — The administrative department for export controls shall review the application for an export license and decide on whether to grant the license within the statutory time limit. In making such a decision, the administrative department for export controls shall take into overall consideration the following factors: (1) national security and interests; (2) international obligations and external commitments; (3) the type of export; (4) the sensitivity of the controlled items; (5) the destination country or region of the export; (6) the final users and final uses of the controlled items; (7) the relevant credit record of the export business operator; and (8) other factors provided for by laws and administrative regulations.
Article 14 — Where an export license is granted, the administrative department for export controls shall issue the license. An export license shall specify the type and quantity of the controlled items, the destination country or region, the final users, the final uses, and the term of validity of the license. Where changes in the export license items occur, the export business operator shall apply for changes in accordance with the relevant State provisions.
Article 15 — Where an application for an export license for controlled items does not meet the relevant conditions, the administrative department for export controls shall make a decision not to grant the license and shall notify the applicant in writing of the decision and the reasons therefor.
Article 16 — The State shall implement a system for the administration of end-users and end-uses of controlled items. Export business operators and importers of controlled items shall submit certificates of end-users and end-uses, and shall make commitments regarding the final uses and final users of the controlled items. Certificates of end-users and end-uses shall be issued by the final users or the relevant government agencies of the destination countries or regions. The administrative department for export controls shall establish a control list of end-users and end-uses of controlled items, and shall impose prohibitive or restrictive measures on the export of controlled items to end-users and end-uses included in the control list.
Article 17 — The export of controlled items ultimately used by the State, or the provision of controlled items to foreign countries, shall be examined and approved by the relevant department of the State Council or the Central Military Commission in conjunction with the administrative departments for export controls.
Article 18 — The administrative departments for export controls may conduct appraisals and evaluations of controlled items and their exporters, importers, final users, and final uses in accordance with the law, and make decisions on the granting, modification, or revocation of export licenses on the basis of such appraisals and evaluations.
Article 19 — Export business operators shall establish and improve internal compliance review systems for export controls and shall provide information on relevant compliance status to the administrative departments for export controls as required.
Chapter III — Supervision and Administration
Article 20 — The administrative departments for export controls shall exercise supervision and inspection over export business operators in accordance with the law. In the course of supervision and inspection, the staff of the administrative departments for export controls shall produce their credentials, and the relevant entities and individuals shall provide cooperation and shall not refuse or obstruct the inspection.
Article 21 — The administrative departments for export controls may, in accordance with the law, conduct investigations into suspected violations of this Law. During such investigations, the administrative departments for export controls may take the following measures: (1) conducting on-site inspections of the business premises and other relevant premises of the party under investigation; (2) interviewing the party under investigation and interested persons and requiring them to explain the matter under investigation; (3) consulting and copying the relevant documents and materials of the party under investigation; (4) sealing up and seizing the relevant documents and materials; and (5) inquiring about the bank accounts of the party under investigation.
Article 22 — The State shall encourage and guide export business operators to implement internal compliance review systems for export controls. The administrative departments for export controls may guide export business operators in establishing and improving internal compliance review systems and conducting compliance reviews, and may provide facilitation measures for export business operators whose internal compliance review systems are operating effectively.
Article 23 — The State shall establish an information platform for export controls, on which the administrative departments for export controls shall publish information relating to export controls.
Article 24 — Any organization or individual shall have the right to report suspected violations of this Law to the administrative departments for export controls. The administrative departments for export controls shall handle such reports in a timely manner in accordance with the law and shall keep the reporters confidential.
Chapter IV — Legal Liability
Article 25 — Where an export business operator, without a license, exports controlled items, exports controlled items beyond the scope of the license, or otherwise illegally exports controlled items, the administrative department for export controls shall impose penalties such as ordering cessation of the illegal act, confiscating the illegal gains, and imposing a fine. Where the circumstances are serious, an order shall be given to suspend business for rectification or the relevant business license shall be revoked.
Article 26 — Where an export business operator or importer of controlled items obtains an export license for controlled items through fraud, bribery, or other improper means, the administrative department for export controls shall revoke the license, confiscate the illegal gains, and impose a fine. Where the circumstances are serious, an order shall be given to suspend business for rectification or the relevant business license shall be revoked.
Article 27 — Where an export business operator or importer of controlled items provides false certificates of end-users and end-uses or otherwise evades export controls, the administrative department for export controls shall order cessation of the illegal act, confiscate the illegal gains, and impose a fine. Where the circumstances are serious, an order shall be given to suspend business for rectification or the relevant business license shall be revoked.
Article 28 — Where an export business operator or importer of controlled items obstructs the supervision and inspection or investigation conducted by the administrative department for export controls, it shall be ordered to make corrections and a fine shall be imposed.
Article 29 — Where any entity or individual, in violation of the provisions of this Law, transfers design, production, operation, maintenance, or other technical services related to controlled items to foreign entities or individuals, the administrative department for export controls shall impose penalties in accordance with the law.
Article 30 — Where a staff member of an administrative department for export controls abuses his or her power, neglects his or her duties, or engages in favoritism, a sanction shall be imposed in accordance with the law; where the act constitutes a crime, criminal liability shall be pursued in accordance with the law.
Article 31 — Where an act in violation of the provisions of this Law constitutes a crime, criminal liability shall be pursued in accordance with the law.
Chapter V — Supplementary Provisions
Article 32 — The control of the export of nuclear materials, nuclear dual-use items and their related technologies, the export of monitoring chemicals, and the export of military products shall be governed by the provisions of this Law; where there are special provisions in relevant laws and administrative regulations, such provisions shall prevail. The export of items relating to the safeguarding of national security and interests, such as the export of special items relating to the fulfillment of non-proliferation and other international obligations, for which relevant laws and administrative regulations have not yet been enacted, shall be governed by the provisions of this Law.
Article 33 — Where, under the laws of a foreign country or region, the export of controlled items is subject to extraterritorial application and endangers the national security and interests of the People’s Republic of China, the People’s Republic of China may, in light of the actual circumstances, take reciprocal measures.
Article 34 — The State Council and the Central Military Commission shall formulate specific measures for the implementation of this Law.
Article 35 — This Law shall enter into force on December 1, 2020.
Disclaimer: This English translation is provided for reference purposes only. It is an unofficial translation prepared to assist foreign investors and businesses in understanding the general content of Chinese export control legislation. While every effort has been made to ensure accuracy, this translation has no official legal status. The original Chinese text adopted by the National People’s Congress shall prevail as the sole authoritative version. Readers should consult qualified legal counsel for advice on specific legal questions concerning Chinese export control compliance. Neither Dan Young Business Consultancy nor the translator assumes any liability for reliance on this unofficial translation.
