Export Control Law of the People's Republic of China

( October 17, 2020 Adopted at the 22nd Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China

Table of Contents

Chapter 1 General Provisions

Chapter 2: Control Policies, Control Lists, and Control Measures

Section 1: General Provisions

Section 2: Management of Dual-Use Item Exports

Section 3: Management of Military Goods Exports

Chapter 3: Supervision and Management

Chapter Four: Legal Liability

Chapter V Supplementary Provisions

Chapter 1 General Provisions

Article 1: This Law is enacted to safeguard national security and interests, fulfill international obligations such as non-proliferation, and strengthen and standardize export controls.

Article 2: This Law shall apply to the export controls imposed by the State on dual-use items, military products, nuclear materials, and other goods, technologies, and services that are related to safeguarding national security and interests and fulfilling international obligations such as non-proliferation (hereinafter collectively referred to as “controlled items”).

The controlled items referred to in the preceding paragraph include data such as technical documentation related to these items.

Export control as referred to in this Law refers to the prohibitive or restrictive measures adopted by the State with respect to the transfer of controlled items from within the territory of the People's Republic of China to outside its borders, as well as with respect to the provision of controlled items by citizens, legal persons, and non-legal organizations of the People's Republic of China to foreign organizations and individuals.

The dual-use items referred to in this Law are goods, technologies, and services that have both civilian and military applications or that can contribute to enhancing military potential—particularly those that can be used for the design, development, production, or use of weapons of mass destruction and their delivery systems.

The term “military products” as used in this Law refers to equipment, specialized production facilities, and other related goods, technologies, and services intended for military purposes.

For the purposes of this Law, “nuclear” refers to nuclear materials, nuclear equipment, non-nuclear materials used in reactors, as well as related technologies and services.

Article 3: Export control efforts shall adhere to the overall national security outlook, uphold international peace, balance security and development, and enhance export control management and services.

Article 4: The State shall implement a unified export control system, managing exports through the establishment of control lists, registers, or catalogs (hereinafter collectively referred to as “control lists”) and the issuance of export licenses, among other measures.

Article 5: The departments under the State Council and the Central Military Commission that are responsible for export control functions (hereinafter collectively referred to as the National Export Control Authorities) shall be responsible for export control work in accordance with their respective division of responsibilities. Other relevant departments under the State Council and the Central Military Commission shall be responsible for export control-related tasks in accordance with their respective division of responsibilities.

The state has established a coordination mechanism for export control work to comprehensively coordinate major issues related to export control. The state’s export control authorities and relevant departments of the State Council shall closely cooperate and strengthen information sharing.

The national export control authority, together with relevant departments, has established an expert advisory mechanism for export control to provide advisory opinions on export control efforts.

The national export control authority will issue industry-specific export control guidelines in a timely manner to guide exporters in establishing and improving their internal compliance systems for export controls and in conducting business in a standardized manner.

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 the provisions of laws and administrative regulations.

Article 6: The State shall strengthen international cooperation on export controls and participate in the formulation of international rules related to export controls.

Article 7: Exporters may, in accordance with the law, establish and join industry self-regulatory organizations such as chambers of commerce and associations.

Industry self-regulatory organizations such as chambers of commerce and associations shall comply with laws and administrative regulations, provide services related to export controls to their members in accordance with their articles of association, and play a coordinating and self-regulatory role.

Chapter 2: Control Policies, Control Lists, and Control Measures

Section 1: General Provisions

Article 8: The state’s export control administration, together with relevant departments, shall formulate export control policies. Major policies shall be submitted to the State Council for approval or to both the State Council and the Central Military Commission for approval.

The national export control authority may assess the countries and regions to which controlled items are exported, determine the risk level, and adopt appropriate control measures.

Article 9: The national export control authority, in accordance with this Law and relevant laws and administrative regulations, shall, based on the export control policy and following prescribed procedures, work together with relevant departments to formulate and adjust the list of controlled items for export, and shall promptly publish such list.

In accordance with the need to safeguard national security and interests and fulfill international obligations such as non-proliferation, with the approval of the State Council or jointly by the State Council and the Central Military Commission, the national export control authority may impose temporary controls on goods, technologies, and services that are not listed on the export control list, and shall publicly announce such measures. The duration of temporary controls shall not exceed two years. Before the expiration of the temporary control period, a timely assessment shall be conducted, and based on the assessment results, a decision shall be made to lift the temporary controls, extend the temporary controls, or include the temporarily controlled items in the export control list.

Article 10: Based on the need to safeguard national security and interests and fulfill international obligations such as non-proliferation, with the approval of the State Council or with the joint approval of the State Council and the Central Military Commission, the national export control authority, in coordination with relevant departments, may prohibit the export of specified controlled items or prohibit their export to specific countries and regions, as well as to specific organizations and individuals, for designated purposes.

Article 11: Exporters engaging in the export of controlled items shall comply with the provisions of this Law as well as relevant laws and administrative regulations. Where the law requires obtaining the appropriate qualification for exporting controlled items, such qualification shall be obtained accordingly.

Article 12: The State shall implement a licensing system for the export of controlled items.

For controlled items listed on the export control list or temporarily controlled items, the exporter shall apply for a license from the national export control authority.

For goods, technologies, and services other than those listed on the Export Control List and those subject to temporary controls, if the exporter knows or should know, or has been notified by the national export control authority, that such goods, technologies, and services may pose any of the following risks, they shall apply for a license from the national export control authority:

(1) Endangering national security and interests;

(2) Being used for the design, development, production, or use of weapons of mass destruction and their delivery systems;

(3) Used for terrorist purposes.

If an exporter is unable to determine whether the goods, technologies, or services intended for export fall within the scope of controlled items specified in this Law, and submits a query to the State Export Control Authority, the State Export Control Authority shall provide a timely response.

Article 13: The national export control authority shall, taking into account the following factors in a comprehensive manner, review applications submitted by exporters for controlled items and make a decision to grant or deny permission.

(1) National security and interests;

(2) International obligations and external commitments;

(3) Export Type;

(4) Sensitivity level of controlled items;

(5) The country or region of export destination;

(6) End users and end uses;

(7) The relevant credit records of the exporter;

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

Article 14: If an exporter establishes an internal compliance system for export controls and the system is functioning effectively, the national export control authority may grant such exporters facilitation measures, such as general licenses, for the export of controlled items. Specific implementation procedures shall be stipulated by the national export control authority.

Article 15: Exporters shall submit to the State export control authority documentation certifying the end-user and end-use of controlled items. Such certification documents shall be issued by the end-user or by government agencies in the country or region where the end-user is located.

Article 16: The end-user of controlled items shall undertake that, without the prior authorization of the national export control authority, it shall not arbitrarily alter the intended end-use of such controlled items nor transfer them to any third party.

If an exporter or importer discovers that the end-user or end-use may change, they shall immediately report to the national export control authority as required.

Article 17: The national export control authority shall establish a risk management system for the end-users and end-use of controlled items, conduct assessments and verifications of the end-users and end-use of such items, and strengthen the management of end-users and end-use.

Article 18: The national export control authority shall establish a control list for importers and end-users falling under any of the following circumstances:

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

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

(3) Using controlled items for terrorist purposes.

For importers and end-users listed on the control list, the national export control authorities may take necessary measures, such as prohibiting or restricting transactions involving controlled items and ordering the suspension of exports of such controlled items.

Exporters shall not engage in transactions with importers or end-users listed on the control list in violation of applicable regulations. In special circumstances where exporters genuinely need to transact with importers or end-users listed on the control list, they may submit an application to the national export control authority.

Importers and end-users listed on the control list, after taking the necessary measures and no longer falling under the circumstances specified in the first paragraph, may apply to the national export control authority for removal from the control list. The national export control authority may, based on actual circumstances, decide to remove importers and end-users listed on the control list from the control list.

Article 19: When exporting controlled goods, the shipper of the exported goods or the customs brokerage firm acting as its agent shall present to the customs the license issued by the national export control authority and complete the customs declaration procedures in accordance with relevant national regulations.

If the shipper of exported goods has failed to present to the customs the license issued by the state export control authority, and the customs has evidence suggesting that the exported goods may fall within the scope of export controls, the customs shall raise questions with the shipper of the exported goods. The customs may also request the state export control authority to organize an identification process and, based on the identification conclusion reached by the state export control authority, take appropriate measures in accordance with the law. During the identification or questioning period, the customs shall not release the exported goods.

Article 20: No organization or individual shall provide agency, cargo transportation, postal services, customs clearance, third-party e-commerce platform services, or financial services to exporters engaged in illegal activities related to export controls.

Section 2: Management of Dual-Use Item Exports

Article 21: When applying to the State Administration for the Control of Dual-Use Items for the export of such items, exporters shall truthfully submit the relevant materials in accordance with the provisions of laws and administrative regulations.

Article 22: The national export control authority for dual-use items shall accept applications for the export of dual-use items and, either independently or in conjunction with relevant departments, review such applications in accordance with this Law and pertinent laws and administrative regulations. Within the statutory time limit, the authority shall make a decision to grant or deny the license. If a decision is made to grant the license, the licensing authority shall issue the export license in a unified manner.

Section 3: Management of Military Goods Exports

Article 23: The State shall implement a system of exclusive licensing for the export of military products. Operators engaged in the export of military products shall obtain exclusive export qualifications and conduct their military product export activities within the scope of their approved business operations.

The qualification for the exclusive export of military products is reviewed and approved by the national authority responsible for the control of military product exports.

Article 24: Operators engaged in the export of military products shall, in accordance with control policies and product characteristics, apply to the national authority responsible for the control of military product exports for approval procedures related to the initiation of military product export projects, the review and approval of military product export projects, and the review and approval of military product export contracts.

Major military export projects, major military export programs, and major military export contracts shall be reviewed by the national military export control authority in conjunction with relevant departments and submitted for approval to the State Council and the Central Military Commission.

Article 25: Before exporting military products, operators engaged in military product exports shall apply to the national military product export control authority for a military product export license.

When exporting military products, operators shall present to the customs the license issued by the national authority responsible for military export controls and shall carry out customs declaration procedures in accordance with relevant national regulations.

Article 26: Operators engaged in the export of military products shall entrust approved military product export transportation enterprises to handle military product export transportation and related services. Specific measures shall be formulated jointly by the national military product export control authority and relevant departments.

Article 27: Operators engaged in the export of military products or scientific research and production units participating in international military product exhibitions shall, in accordance with established procedures, obtain approval from the national authority responsible for the control of military product exports.

Chapter 3: Supervision and Management

Article 28: The state’s export control authorities shall, in accordance with the law, conduct supervision and inspection of export activities involving controlled items.

The national export control authority, when investigating suspected violations of the provisions of this Law, may take the following measures:

(1) Enter the business premises of the person under investigation or other relevant premises for inspection;

(2) Question the persons under investigation, stakeholders, and other relevant organizations or individuals, and request them to provide explanations on matters related to the investigated incident.

(3) To examine and copy relevant documents, agreements, accounting books, business correspondence, and other materials belonging to the persons under investigation, stakeholders, and other relevant organizations or individuals;

(4) Inspect transport vehicles used for export, prevent the loading of suspicious export items, and order the return of items illegally exported.

(5) Seize and impound relevant items involved in the case;

(6) Inquire into the bank accounts of the persons under investigation.

The implementation of the measures specified in items 5 and 6 of the preceding paragraph shall require written approval from the head of the national export control authority.

Article 29: The state’s export control authorities shall perform their duties in accordance with the law, and relevant departments of the State Council, local people’s governments, and their respective departments shall provide assistance.

The national export control administration, either independently or in collaboration with relevant departments, shall carry out supervision, inspection, and investigation activities in accordance with the law. Relevant organizations and individuals shall cooperate and may not refuse or obstruct such activities.

Relevant state organs and their staff members are legally obligated to maintain the confidentiality of state secrets, commercial secrets, personal privacy, and personal information that they become aware of during investigations.

Article 30: To strengthen the management of exports of controlled items and to prevent risks of illegal export of such items, the national export control authority may take measures such as conducting regulatory interviews and issuing warning letters.

Article 31: Any organization or individual has the right to report to the national export control authority any conduct suspected of violating the provisions of this Law. Upon receiving such a report, the national export control authority shall promptly handle it in accordance with the law and maintain the confidentiality of the whistleblower.

Article 32: The national export control authority shall, in accordance with international treaties to which it is a party or has acceded, or on the basis of the principle of equality and mutual benefit, carry out cooperation and exchanges on export controls with other countries, regions, international organizations, and the like.

Organizations and individuals within the territory of the People’s Republic of China that provide export control-related information to entities outside China shall do so in accordance with the law; such information may not be provided if it could jeopardize national security and interests.

Chapter Four: Legal Liability

Article 33: If an exporter engages in the export of controlled items without having obtained the necessary export qualification for such items, it shall receive a warning, be ordered to cease the illegal activity, and have its illegal gains confiscated. If the illegal business turnover exceeds 500,000 yuan, a fine ranging from five to ten times the illegal business turnover shall also be imposed. If there is no illegal business turnover or if the illegal business turnover is less than 500,000 yuan, a fine ranging from 500,000 yuan to 5 million yuan shall be imposed.

Article 34: If an exporter engages in any of the following acts, it shall be ordered to cease the illegal activities, have its illegal gains confiscated, and, if the illegal business turnover exceeds 500,000 yuan, be fined an amount between five and ten times the illegal business turnover; if there is no illegal business turnover or the illegal business turnover is less than 500,000 yuan, a fine of between 500,000 yuan and 5 million yuan shall be imposed. In cases of serious violations, the exporter shall be ordered to suspend operations for rectification, up to and including revocation of its qualification to export controlled items.

(1) Exporting controlled items without authorization;

(2) Exporting controlled items beyond the scope authorized by the export license;

(3) Exporting controlled items that are prohibited from export.

Article 35: Anyone who obtains an export license for controlled items through improper means such as deception or bribery, or who illegally transfers such an export license, shall have their license revoked, the export license confiscated, and any illegal gains seized. If the illegal business turnover exceeds RMB 200,000, a fine ranging from five to ten times the illegal business turnover shall also be imposed. If there is no illegal business turnover or if the illegal business turnover is less than RMB 200,000, a fine of between RMB 200,000 and RMB 2 million shall be imposed.

Anyone who forges, alters, or trades in export licenses for controlled items shall have their illegal gains confiscated. If the illegal business turnover exceeds 50,000 yuan, a fine ranging from five to ten times the illegal business turnover shall also be imposed. If there is no illegal business turnover or if the illegal business turnover is less than 50,000 yuan, a fine of between 50,000 yuan and 500,000 yuan shall be imposed.

Article 36: Any entity that knowingly provides agency, cargo transportation, postal services, customs clearance, third-party e-commerce platform services, or financial services to an exporter who is engaged in illegal activities related to export controls shall receive a warning, be ordered to cease the illegal activities, and have its illegal gains confiscated. If the illegal business turnover exceeds RMB 100,000, the entity shall also be fined an amount between three and five times the illegal business turnover. If there is no illegal business turnover or if the illegal business turnover is less than RMB 100,000, the entity shall be fined an amount between RMB 100,000 and RMB 500,000.

Article 37: If an exporter violates the provisions of this Law by conducting transactions with importers or end-users listed on the control list, the exporter shall receive a warning, be ordered to cease the illegal activity, and have any illegally obtained gains confiscated. For violations involving an illegal business turnover exceeding 500,000 yuan, a fine shall also be imposed ranging from ten to twenty times the amount of the illegal business turnover. For violations involving no illegal business turnover or an illegal business turnover below 500,000 yuan, a fine of between 500,000 yuan and 5 million yuan shall be imposed. In cases of serious violations, the exporter shall be ordered to suspend operations for rectification, up to and including revocation of its qualification to export controlled items.

Article 38: If an exporter refuses or obstructs supervision and inspection, a warning shall be issued and a fine of between 100,000 and 300,000 yuan shall be imposed. In cases of serious violations, the exporter shall be ordered to suspend operations for rectification, up to and including revocation of its qualification to export controlled items.

Article 39: Export operators who have been penalized for violating the provisions of this Law may, from the date on which the penalty decision takes effect, have their export license applications rejected by the national export control authority for a period of five years. The directly responsible persons in charge and other personnel with direct responsibility may be prohibited from engaging in relevant export business activities for a period of five years. Those who have received criminal penalties for violations of export control regulations shall be permanently barred from engaging in related export business activities.

The national export control authority shall, in accordance with the law, include instances of exporters’ violations of this Law in their credit records.

Article 40: Violations of export control regulations stipulated in this Law shall be penalized by the national export control authority. Where laws and administrative regulations prescribe that penalties shall be imposed by the customs, such penalties shall be imposed by the customs in accordance with this Law.

Article 41: If an organization or individual disagrees with the non-approval decision made by the state’s export control administrative authority, it may, in accordance with the law, apply for administrative reconsideration. The decision of the administrative reconsideration shall be the final ruling.

Article 42: State officials engaged in export control administration who are negligent in their duties, engage in corruption and favoritism, or abuse their authority shall be disciplined in accordance with the law.

Article 43: Any violation of the export control management provisions of this Law that endangers national security and interests shall, in addition to being penalized in accordance with the provisions of this Law, also be dealt with and penalized in accordance with relevant laws and administrative regulations.

Any violation of the provisions of this law involving the export of controlled items that are prohibited from export by the state, or the export of controlled items without obtaining the requisite authorization, shall be subject to criminal liability in accordance with the law.

Article 44: Organizations and individuals outside the People's Republic of China that violate the export control regulations stipulated in this Law, endanger the national security and interests of the People's Republic of China, or impede the fulfillment of international obligations such as non-proliferation, shall be dealt with according to law and held legally accountable.

Chapter V Supplementary Provisions

Article 45: The transit, transshipment, through transportation, re-export of controlled items, or their export from special customs supervision zones such as bonded zones and export processing zones, as well as from bonded supervision sites such as export supervision warehouses and bonded logistics centers, shall be governed by the relevant provisions of this Law.

Article 46: For the export of nuclear materials and other controlled items not specifically regulated by this Law, the provisions of relevant laws and administrative regulations shall apply.

Article 47: The export of military products intended for overseas deployment of armed forces, foreign military exchanges, military assistance, and the like shall be governed by the provisions of relevant laws and regulations.

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

Article 49: This Law shall take effect as of December 2020. January 1 Effective from the date of issuance.