Promulgated by: State Council.
Document No.: 国务院令第792号 (Decree No. 792 of the State Council).
Adopted September 18, 2024 (41st executive meeting of the State Council). Issued September 30, 2024. Effective December 1, 2024.
Translation note — DCC. Translated in full from the official Chinese text as promulgated by Decree No. 792 of the State Council (six chapters, fifty articles, with the promulgation order). Terminology follows DCC’s bilingual glossary and the parent Export Control Law: 两用物项 “dual-use items”, 管制物项 “controlled items”, 单项许可 “individual license”, 通用许可 “general license”, 出口凭证 “export certificate”, 关注名单 “watch list”, 管控名单 “control list”. 国务院商务主管部门 is rendered “the commerce department of the State Council”, the statutory designation of the Ministry of Commerce (MOFCOM).
Decree of the State Council of the People’s Republic of China No. 792
The Regulations of the People’s Republic of China on the Export Control of Dual-Use Items, adopted at the 41st executive meeting of the State Council on September 18, 2024, are hereby promulgated and shall come into force on December 1, 2024.
Li Qiang, Premier
September 30, 2024
Chapter I General Provisions
Article 1. These Regulations are formulated in accordance with the Export Control Law of the People’s Republic of China (hereinafter, the Export Control Law) and other laws, in order to safeguard national security and interests, fulfill international obligations such as non-proliferation, and strengthen and regulate the export control of dual-use items.
Article 2. These Regulations apply to the export control exercised by the State over dual-use items.
Dual-use items as used in these Regulations means goods, technologies and services that have both civil uses and military uses, or that contribute to enhancing military potential, and in particular that may be used for the design, development, production or use of weapons of mass destruction and their means of delivery, including related data such as technical documentation.
Export control as used in these Regulations means the prohibitive or restrictive measures taken by the State with respect to the transfer of dual-use items from within the territory of the People’s Republic of China to outside the territory, and with respect to the provision of dual-use items by citizens, legal persons and unincorporated organizations of the People’s Republic of China to foreign organizations and individuals, including the commercial export of dual-use items and their transfer by way of gift, exhibition, cooperation, assistance and other means to foreign parties.
Article 3. Export control work for dual-use items adheres to the leadership of the Communist Party of China, adheres to the holistic approach to national security, safeguards international peace, coordinates high-quality development and high-level security as a whole, improves the administration of and services for the export control of dual-use items, and enhances the governance capacity for the export control of dual-use items.
The export of dual-use items and related activities shall comply with laws, administrative regulations and the relevant provisions of the State, and shall not harm national security and interests.
Article 4. The State export control work coordination mechanism is responsible for organizing and guiding export control work for dual-use items and for coordinating major matters in the export control of dual-use items as a whole. The commerce department of the State Council (国务院商务主管部门, i.e., the Ministry of Commerce, MOFCOM) is responsible for export control work for dual-use items, and other relevant State departments are responsible for work related to the export control of dual-use items according to their division of duties. The commerce department of the State Council and other relevant State departments shall cooperate closely and strengthen information sharing.
The commerce departments of the people’s governments of provinces, autonomous regions and municipalities directly under the central government may, as entrusted by the commerce department of the State Council, carry out work related to the export control of dual-use items.
Article 5. The commerce department of the State Council, together with the relevant State departments, establishes an expert consultation mechanism for the export control of dual-use items to provide advisory opinions for export control work for dual-use items. Experts shall safeguard national security and interests, provide advisory opinions objectively, impartially, scientifically and rigorously, and bear an obligation of confidentiality in accordance with the law with respect to State secrets, work secrets, trade secrets, personal privacy, personal information and the like learned in the course of consultation.
Article 6. The commerce department of the State Council drafts and issues compliance guidelines for the export control of dual-use items, and encourages and guides export operators, as well as operators providing freight, third-party e-commerce transaction platform, financial and other services to export operators, to establish and improve internal compliance systems for the export control of dual-use items and to conduct business in a regulated manner in accordance with the law.
Article 7. The commerce and foreign affairs departments of the State Council, together with other relevant State departments, strengthen international cooperation on the export control of dual-use items and participate in the formulation of relevant international rules.
The commerce department of the State Council, in accordance with treaties and agreements concluded or acceded to, or according to the principle of equality and reciprocity, conducts cooperation and exchanges on the export control of dual-use items with other countries and regions, international organizations and the like. Other relevant State departments conduct cooperation and exchanges related to the export control of dual-use items according to their division of duties.
Article 8. Relevant chambers of commerce, associations and other industry self-regulatory organizations shall, in accordance with the provisions of laws, regulations and their articles of association, provide their members with information consultation, publicity, training and other services related to the export control of dual-use items, and strengthen industry self-regulation.
Chapter II Control Policies
Article 9. The commerce department of the State Council, together with the relevant State departments, formulates and adjusts policies for the export control of dual-use items; major policies shall be submitted to the State Council for approval, or to the State Council and the Central Military Commission for approval.
Article 10. The commerce department of the State Council, together with the foreign affairs, customs and other relevant State departments, may assess the destination countries and regions of exports of dual-use items in light of the following factors, determine risk levels, and take corresponding control measures:
(I) the impact on national security and interests;
(II) the need to fulfill international obligations such as non-proliferation;
(III) the need to perform treaties and agreements concluded or acceded to by China;
(IV) the need to implement binding resolutions and measures adopted by the United Nations Security Council;
(V) other factors requiring consideration.
Article 11. The commerce department of the State Council shall, in accordance with the Export Control Law and these Regulations, pursuant to the policies for the export control of dual-use items and in accordance with prescribed procedures, formulate and adjust the export control list of dual-use items together with the relevant State departments, and publish it in a timely manner.
In formulating and adjusting the export control list of dual-use items, opinions may be solicited by appropriate means from relevant enterprises, chambers of commerce, associations and other parties, and industry investigations and assessments may be conducted where necessary.
Article 12. As required to safeguard national security and interests and to fulfill international obligations such as non-proliferation, and upon approval by the State Council, or by the State Council and the Central Military Commission, the commerce department of the State Council may impose temporary control on goods, technologies and services outside the export control list of dual-use items, and shall announce it publicly. The period of implementation of a temporary control shall not exceed two years on each occasion. Before the period of implementation of a temporary control expires, an assessment shall be conducted in a timely manner, and, according to the results of the assessment, one of the following decisions shall be made:
(I) where control is no longer needed, cancel the temporary control;
(II) where control needs to continue but it is not appropriate to place the items on the export control list of dual-use items, extend the temporary control, provided that the temporary control shall be extended no more than twice;
(III) where long-term control is needed, place the items on the export control list of dual-use items.
Article 13. As required to safeguard national security and interests and to fulfill international obligations such as non-proliferation, and upon approval by the State Council, or by the State Council and the Central Military Commission, the commerce department of the State Council, together with the relevant State departments, may prohibit the export of specific dual-use items, or prohibit the export of specific dual-use items to specific destination countries and regions or to specific organizations and individuals.
Chapter III Control Measures
Section 1 Export Licensing of Dual-Use Items
Article 14. The State implements a licensing system for the export of dual-use items.
For the export of dual-use items listed on the export control list of dual-use items or dual-use items under temporary control, export operators shall apply to the commerce department of the State Council for a license.
Where the relevant goods, technologies and services fall within the circumstances provided in Article 12, paragraph 3 of the Export Control Law, export operators shall apply to the commerce department of the State Council for a license in accordance with the Export Control Law and these Regulations. Where laws, administrative regulations or military regulations provide otherwise, those provisions shall prevail.
Export operators shall understand the performance indicators, principal uses and the like of the goods, technologies and services they intend to export, and determine whether they are dual-use items; where they are unable to make that determination, they may submit an inquiry to the commerce department of the State Council, and the commerce department of the State Council shall reply in a timely manner. When submitting an inquiry, an export operator shall at the same time provide the performance indicators and principal uses of the goods, technologies and services it intends to export, and the reasons why it is unable to determine whether they are dual-use items.
Article 15. The export of dual-use items shall be conducted, in accordance with the Export Control Law and these Regulations, under an individual license (单项许可) or a general license (通用许可), or under an export certificate (出口凭证) obtained by registering and filing information.
An individual license permits an export operator to make a single export of specific dual-use items to a single end user within the scope, on the conditions and within the period of validity specified in the export license. The period of validity of an individual license shall not exceed one year; where the export is completed within the period of validity, the export license lapses automatically.
A general license permits an export operator to make multiple exports of specific dual-use items to a single end user or multiple end users within the scope, on the conditions and within the period of validity specified in the export license. The period of validity of a general license shall not exceed three years.
Where export is conducted under an export certificate obtained by registering and filing information, the export operator shall, before each export of the specific dual-use items, complete registration with the commerce department of the State Council, truthfully file the relevant information in accordance with the provisions to obtain an export certificate, and then export on its own on the strength of the export certificate.
Article 16. To apply for an individual license, an export operator shall submit an application to the commerce department of the State Council in writing or by electronic data message, truthfully complete the application form for the export of dual-use items, and submit the following materials:
(I) identity documents of the applicant’s legal representative, principal operating and managing personnel and the person handling the matter;
(II) copies of the contracts and agreements related to the export of the dual-use items, or other supporting documents;
(III) technical descriptions or test reports of the dual-use items;
(IV) end-user and end-use certification documents for the dual-use items;
(V) other materials required to be submitted by the commerce department of the State Council.
An export operator that has established an internal compliance system for the export control of dual-use items that is operating well, has a record of exporting the relevant dual-use items, and has relatively fixed export channels and end users may apply to the commerce department of the State Council for a general license. To apply for a general license, in addition to the materials provided in the preceding paragraph, the following materials shall also be submitted:
(I) a statement on the operation of the internal compliance system for the export control of dual-use items;
(II) a statement on the application for and use of export licenses for dual-use items;
(III) a statement on the export channels and end users of the dual-use items.
Article 17. The commerce department of the State Council shall, from the date of accepting an application for an export license for dual-use items, review the export license application independently or together with the relevant State departments in accordance with the Export Control Law and these Regulations, and make a decision to grant or not to grant a license within 45 working days. Where a license is granted, the commerce department of the State Council shall issue the export license; where a license is not granted, the applicant shall be notified in writing.
For exports of dual-use items that have a major impact on national security and interests, the commerce department of the State Council shall, together with the relevant State departments, submit the matter to the State Council for approval, or to the State Council and the Central Military Commission for approval. Where a matter is required to be submitted to the State Council for approval, or to the State Council and the Central Military Commission for approval, it is not subject to the time limit for export license review provided in the preceding paragraph.
Where, in reviewing an export license application, the commerce department of the State Council is required by law to organize an identification, seek expert opinions, or conduct on-site verification of the export operator or the end user, the time required shall not be counted toward the time limit for export license review provided in paragraph 1 of this Article.
Article 18. Export operators shall export dual-use items within the scope, on the conditions and within the period of validity specified in the export license, and shall report the actual circumstances of export transport, arrival, installation, use and the like.
Where, within the period of validity of an export license, an export operator needs to change key elements such as the type of dual-use items, the destination country or region of export, the end user or the end use, it shall re-apply for an export license for dual-use items in accordance with these Regulations, return the original export license, and temporarily suspend the export.
Where, within the period of validity of an export license, an export operator needs to change other, non-key elements involved in the export of dual-use items, it shall submit an application to the commerce department of the State Council to change the export license for dual-use items, truthfully submit the relevant supporting materials, and temporarily suspend use of the export license. The commerce department of the State Council shall, within 20 working days from the date of accepting the application for change, decide whether or not to approve the change and notify the export operator in writing. Where the change is approved, a new export license shall be issued and the original export license cancelled; where the change is not approved, the export operator shall export the dual-use items within the scope, on the conditions and within the period of validity specified in the original export license.
Where the commerce department of the State Council discovers that the factors provided in Article 13 of the Export Control Law on which the grant of an export license for dual-use items was based have undergone a major change, it shall notify the export operator to temporarily suspend use of the export license. Where, upon verification, the relevant change may pose a major risk to national security and interests or to the fulfillment of international obligations such as non-proliferation, the export license for the relevant dual-use items shall be withdrawn or revoked in accordance with the law, or the export operator shall be required to apply for a change; where no such risk exists, the export operator shall be promptly notified to resume use of the relevant export license.
Article 19. Where the export of specific dual-use items falls within any of the following circumstances, the commerce department of the State Council permits the export operator to export on its own after obtaining an export certificate by registering and filing information before each export:
(I) items that, after entering the territory for repair, testing or inspection, are re-shipped within a reasonable period to the original end user at the original place of export;
(II) items that, after leaving the territory for repair, testing or inspection, are re-shipped into the territory within a reasonable period;
(III) items participating in an exhibition held within the territory of the People’s Republic of China that are re-shipped, in their original condition, to the original place of export immediately after the exhibition ends;
(IV) items participating in an exhibition held outside the territory of the People’s Republic of China that are re-shipped, in their original condition, into the territory immediately after the exhibition ends;
(V) civil aircraft parts and components leaving the territory for repair, and the export of spare parts and components;
(VI) other circumstances provided by the commerce department of the State Council.
Where the export elements of the specific dual-use items provided in the preceding paragraph change, the export operator shall re-register and file information to obtain a new export certificate, or apply for an individual license or a general license in accordance with Article 16 of these Regulations.
Where an export operator knows or should know that an export no longer falls within the circumstances provided in paragraph 1 of this Article, or receives notice from the commerce department of the State Council, it shall immediately cease the export and report to the commerce department of the State Council.
Article 20. An export operator in any of the following circumstances shall not apply for a general license or obtain an export certificate by registering and filing information:
(I) the entity has received criminal punishment for a violation of the export control of dual-use items, or its directly responsible persons in charge and other directly liable persons connected with the export of dual-use items have received criminal punishment for a violation of the export control of dual-use items;
(II) it has received an administrative penalty for a violation of the export control of dual-use items within the past five years and the circumstances were serious;
(III) it is a wholly-owned enterprise, representative office or branch established within the territory of the People’s Republic of China by an overseas organization or individual placed on the control list provided in Article 28 of these Regulations;
(IV) other circumstances provided by the commerce department of the State Council.
Where an export operator that has already obtained a general license or an export certificate by registering and filing information falls within the circumstances provided in the preceding paragraph, the commerce department of the State Council shall revoke the export license it has obtained; where the export operator needs to continue exporting, it shall apply for an individual license in accordance with Article 16, paragraph 1 of these Regulations.
Article 21. When exporting dual-use items, the consignor of the export goods or the customs declaration agent enterprise shall present to the customs for inspection the export license issued by the commerce department of the State Council, and complete export customs declaration formalities in accordance with the relevant provisions of the State; where it is unable to provide the export license, the customs shall not release the goods.
Article 22. Where the consignor of the export goods has not submitted to the customs, or has not truthfully presented to the customs for inspection, an export license issued by the commerce department of the State Council, and the customs has evidence indicating that the export goods may fall within the scope of export control of dual-use items, the customs shall raise a query with the consignor of the export goods, and the consignor of the export goods shall provide the customs with supporting materials such as the export goods contract, performance indicators and principal uses. During the period of query, the customs may request the commerce department of the State Council to organize an identification, and shall dispose of the matter in accordance with the law based on the identification conclusion issued by the commerce department of the State Council. During the period of query and identification, the customs shall not release the export goods.
Where export goods fall within the circumstances provided in Article 14, paragraph 3, Article 18, paragraph 4 or Article 25 of these Regulations, and the commerce department of the State Council becomes aware of the relevant circumstances, it shall promptly notify the customs; where, at the time the customs receives the notice from the commerce department of the State Council, the export goods have been declared for export to the customs but have not yet been released, the customs shall not release them and shall dispose of the matter in accordance with the law.
Section 2 Administration of End Users and End Uses
Article 23. The commerce department of the State Council establishes a risk management system for the end users and end uses of dual-use items, assesses and verifies the end users and end uses of dual-use items, and strengthens the management of end users and end uses.
Article 24. When applying for an export license for dual-use items, an export operator shall submit end-user and end-use certification documents issued by the end user. The commerce department of the State Council may require the export operator to submit at the same time end-user and end-use certification documents issued or certified by a government agency of the country or region where the end user is located.
The end user of dual-use items shall, as required by the commerce department of the State Council, undertake not to change the end use of the dual-use items or transfer them to any third party without the permission of the commerce department of the State Council.
Article 25. Where an export operator or importer discovers that an export of dual-use items involves any of the following circumstances, it shall immediately cease the export, report to the commerce department of the State Council and cooperate with verification; the commerce department of the State Council shall handle the matter in accordance with Article 18 of these Regulations:
(I) the end user or end use of the dual-use items has changed or may change;
(II) the end-user and end-use certification documents for the dual-use items are forged, altered, invalid or the like;
(III) the end-user and end-use certification documents for the dual-use items were obtained by fraud, bribery or other improper means.
Article 26. Where the commerce department of the State Council conducts verification of the end users and end uses of dual-use items in accordance with the law, the relevant organizations and individuals shall cooperate. Where an importer or end user fails to cooperate with the verification or to provide the relevant supporting materials within the prescribed period, with the result that the end user or end use of the dual-use items cannot be verified, the commerce department of the State Council may place the relevant importer or end user on a watch list (关注名单).
An export operator exporting dual-use items to an importer or end user placed on the watch list shall not apply for a general license or obtain an export certificate by registering and filing information; when applying for an individual license, it shall submit a risk assessment report on the importer or end user placed on the watch list and make an undertaking to comply with export control laws and regulations and the relevant requirements. The time limit for license review is not subject to the period provided in Article 17, paragraph 1 of these Regulations.
Where an importer or end user provided in paragraph 1 of this Article cooperates with the verification and it is verified that there is no unauthorized change of end use, unauthorized transfer to a third party or the like, the commerce department of the State Council may remove it from the watch list.
Article 27. Export operators shall properly keep the end-user and end-use certification documents related to the export of dual-use items, as well as related materials such as contracts, invoices, account books, documents and business correspondence, for a retention period of not less than five years. Where laws or administrative regulations provide otherwise, those provisions shall prevail.
Section 3 Control List
Article 28. The commerce department of the State Council may, on its own authority or on the basis of suggestions or reports from relevant parties, decide to place on a control list (管控名单) importers and end users in any of the following circumstances:
(I) violating end-user or end-use management requirements;
(II) potentially endangering national security and interests;
(III) using dual-use items for terrorist purposes.
Where an importer or end user falls within any of the following circumstances and endangers national security and interests, the preceding paragraph shall apply:
(I) using dual-use items for the design, development, production or use of weapons of mass destruction and their means of delivery;
(II) being subjected by the relevant State departments, in accordance with the law, to measures prohibiting or restricting relevant transactions, cooperation and the like.
Where an importer or end user placed on the watch list in accordance with Article 26 of these Regulations falls within the circumstances provided in paragraph 1 or paragraph 2 of this Article, the commerce department of the State Council may place it on the control list and at the same time remove it from the watch list.
Article 29. The commerce department of the State Council may, according to the seriousness of the circumstances and the specific situation, take one or more of the following measures against importers and end users placed on the control list:
(I) prohibiting transactions in the relevant dual-use items;
(II) restricting transactions in the relevant dual-use items;
(III) ordering the suspension of exports of the relevant dual-use items;
(IV) other necessary measures.
Export operators shall not, in violation of the provisions, conduct transactions in the relevant dual-use items with importers or end users placed on the control list. Where, under special circumstances, a relevant transaction is genuinely necessary, the export operator shall submit an application to the commerce department of the State Council and, upon approval, may conduct the corresponding transaction with that importer or end user and report as required.
Article 30. Where an importer or end user placed on the control list cooperates with the investigation of the commerce department of the State Council, truthfully states the relevant facts, ceases the illegal act, takes measures on its own initiative to eliminate the harmful consequences, makes and performs undertakings as required, and no longer falls within the circumstances provided in Article 28 of these Regulations, it may apply to the commerce department of the State Council for removal from the control list. The commerce department of the State Council may, in light of the actual circumstances, decide to remove it from the control list.
Chapter IV Supervision and Inspection
Article 31. The State establishes and improves an enforcement cooperation system for the export control of dual-use items, strengthens whole-process supervision, and promptly discovers, stops, investigates and punishes violations in the export of dual-use items.
The commerce department of the State Council conducts supervision and enforcement over the export activities of dual-use items in accordance with the law.
Article 32. Where the commerce department of the State Council, independently or together with the relevant State departments, conducts supervision and inspection of the export activities of dual-use items and investigates suspected violations in accordance with the law, the relevant organizations and individuals shall cooperate and shall not refuse or obstruct.
Enforcement officers conducting supervision and inspection or case investigation shall be no fewer than two in number, shall present their enforcement credentials and the relevant legal documents on their own initiative, and may take the measures provided in Article 28 of the Export Control Law; where there are fewer than two officers or the enforcement credentials and relevant legal documents are not presented, the organizations and individuals under inspection or investigation have the right to refuse.
Article 33. The commerce department of the State Council, on its own authority or as needed for an identification requested by the customs, organizes the identification of the relevant dual-use items, and may entrust relevant professional institutions or experts in the relevant fields to provide identification opinions.
Article 34. Where the commerce department of the State Council, on its own authority or on the basis of suggestions or reports from relevant parties, discovers that a relevant organization or individual presents a risk of violations in the export of dual-use items, it may take measures such as regulatory interviews and the issuance of warning letters.
Article 35. Where an export operator discovers, or is notified by the commerce department of the State Council, that its export activities fall within the circumstances provided in Article 14, paragraph 3, Article 18, paragraph 4 or Article 25 of these Regulations, it shall promptly report the relevant circumstances to the commerce department of the State Council, take measures as required to eliminate or mitigate the harm, and cooperate with investigation and handling.
Article 36. No organization or individual shall provide agency, freight, delivery, customs declaration, third-party e-commerce transaction platform, financial or other services for violations of the export control of dual-use items. Where an operator providing agency, freight, delivery, customs declaration, third-party e-commerce transaction platform, financial or other services discovers a suspected violation of the export control of dual-use items, it shall promptly report to the commerce department of the State Council, and the commerce department of the State Council shall promptly verify and handle the matter.
Article 37. The commerce department of the State Council may, upon the application of domestic import operators and end users, issue end-user and end-use statements to the governments of other countries and regions, and administer the related matters.
Domestic import operators and end users applying for end-user and end-use statements shall truthfully submit the relevant materials as required by the commerce department of the State Council, strictly perform the undertakings made in obtaining the statements, and accept the supervision and inspection of the commerce department of the State Council.
Article 38. Where a citizen, legal person or unincorporated organization of the People’s Republic of China receives a request from a foreign government for an export-control-related visit, on-site verification or the like, it shall immediately report to the commerce department of the State Council. Without the consent of the commerce department of the State Council, it shall not accept, or undertake to accept, such a visit, on-site verification or the like by a foreign government.
Chapter V Legal Liability
Article 39. Where an export operator commits any of the following acts, it shall be penalized in accordance with Article 34 of the Export Control Law:
(I) exporting dual-use items without a license;
(II) exporting dual-use items beyond the scope, conditions or period of validity specified in the export license;
(III) exporting dual-use items whose export is prohibited;
(IV) evading licensing for the export of dual-use items by means such as modification or disassembly into parts or components;
(V) using an export license for export in violation of the provisions in the circumstances provided in Article 18 of these Regulations.
Article 40. Where an export operator, in violation of these Regulations, fails to perform its reporting obligations, it shall be given a warning and ordered to make corrections; where the circumstances are serious, its illegal gains shall be confiscated, and where the illegal business turnover is RMB 500,000 or more, a fine of not less than five times and not more than ten times the illegal business turnover shall also be imposed; where there is no illegal business turnover or the illegal business turnover is less than RMB 500,000, a fine of not less than RMB 500,000 and not more than RMB 3 million shall also be imposed.
Where an operator providing agency, freight, delivery, customs declaration, third-party e-commerce transaction platform, financial or other services, in violation of Article 36 of these Regulations, fails to perform its reporting obligations, it shall be given a warning and ordered to make corrections, and may be fined not more than RMB 100,000; where the circumstances are serious, a fine of not less than RMB 100,000 and not more than RMB 500,000 shall also be imposed.
Article 41. Whoever instigates or assists an export operator, importer or end user to evade the provisions of the Export Control Law and these Regulations and commit a violation shall be given a warning, ordered to cease the illegal act, and have the illegal gains confiscated; where the illegal gains are RMB 100,000 or more, a fine of not less than three times and not more than five times the illegal gains shall also be imposed; where there are no illegal gains or the illegal gains are less than RMB 100,000, a fine of not less than RMB 100,000 and not more than RMB 500,000 shall also be imposed.
Article 42. Where a domestic import operator or end user breaches the undertaking it made to the commerce department of the State Council, it shall be given a warning, ordered to make corrections, and have its illegal gains confiscated; where the illegal business turnover is RMB 500,000 or more, a fine of not less than three times and not more than five times the illegal business turnover shall also be imposed; where there is no illegal business turnover or the illegal business turnover is less than RMB 500,000, a fine of not less than RMB 300,000 and not more than RMB 3 million shall also be imposed. The commerce department of the State Council may decline to accept its applications for end-user and end-use statements for five years from the date the penalty decision takes effect.
Article 43. Whoever, in violation of these Regulations, accepts or undertakes to accept, without authorization, a request from a foreign government for an export-control-related visit, on-site verification or the like shall be given a warning and fined not more than RMB 500,000; where the circumstances are serious, a fine of not less than RMB 500,000 and not more than RMB 3 million shall also be imposed; where the circumstances are especially serious, it shall be ordered to suspend business for rectification.
Article 44. Where experts or professional institutions providing advisory or identification opinions violate professional ethics and the provisions of these Regulations, they shall be given public criticism and ordered to rectify within a time limit; where the circumstances are serious, their qualification to provide advisory or identification opinions shall be cancelled and they shall be held legally liable in accordance with the law.
Article 45. The violations of the export control of dual-use items provided for in these Regulations shall be penalized by the commerce department of the State Council; where laws or administrative regulations provide that penalties are to be imposed by the customs, the customs shall impose penalties in accordance with the Export Control Law and these Regulations.
Article 46. Whoever, in violation of the Export Control Law and these Regulations, endangers national security and interests shall, in addition to being penalized in accordance with the Export Control Law and these Regulations, be dealt with and penalized in accordance with the provisions of relevant laws, administrative regulations and departmental rules.
Whoever violates the Export Control Law and these Regulations and thereby commits a crime shall be held criminally liable in accordance with the law.
Chapter VI Supplementary Provisions
Article 47. These Regulations apply to the export control of the other goods, technologies, services and other items related to safeguarding national security and interests and to fulfilling international obligations such as non-proliferation provided in Article 2 of the Export Control Law.
The export control of monitored chemicals (监控化学品) among dual-use items is governed by the Regulations of the People’s Republic of China on the Administration of Monitored Chemicals; matters not provided for in the Regulations of the People’s Republic of China on the Administration of Monitored Chemicals shall be handled by the industry and information technology department of the State Council in accordance with the Export Control Law and these Regulations.
The export of the items and technologies listed in Part I of the Export Control List of Missiles and Missile-Related Items and Technologies annexed to the Regulations of the People’s Republic of China on the Export Control of Missiles and Missile-Related Items and Technologies is incorporated into the military products export administration list and handled in accordance with the Regulations of the People’s Republic of China on the Administration of Military Products Export and other relevant provisions.
Article 48. The transit, transshipment, through transport and re-export of dual-use items, and the export of dual-use items to outside the territory from special customs supervision areas and bonded supervision premises, shall be governed by the relevant provisions of the Export Control Law and these Regulations. Specific measures shall be formulated by the commerce department of the State Council together with the General Administration of Customs.
Within the territory of the People’s Republic of China, where dual-use items move between special customs supervision areas and bonded supervision premises, or enter special customs supervision areas and bonded supervision premises from outside them, no export license is required, and the customs shall implement supervision.
Article 49. Where overseas organizations and individuals transfer or provide, outside the territory of the People’s Republic of China, the following goods, technologies and services to specific destination countries and regions or to specific organizations and individuals, the commerce department of the State Council may require the relevant operators to act with reference to the relevant provisions of these Regulations:
(I) dual-use items manufactured outside the territory that contain, integrate or are mixed with specific dual-use items originating in the People’s Republic of China;
(II) dual-use items manufactured outside the territory using specific technologies or other dual-use items originating in the People’s Republic of China;
(III) specific dual-use items originating in the People’s Republic of China.
Article 50. These Regulations shall come into force on December 1, 2024. The Regulations of the People’s Republic of China on the Export Control of Nuclear Dual-Use Items and Related Technologies, the Regulations of the People’s Republic of China on the Export Control of Missiles and Missile-Related Items and Technologies, the Regulations of the People’s Republic of China on the Export Control of Dual-Use Biological Agents and Related Equipment and Technologies, and the Measures for the Export Control of Certain Chemicals and Related Equipment and Technologies are repealed at the same time.