Chinese commerce ministry on Friday solicited regulations on export control of dual-use items, the latest extension of the specific guidelines for export controls, more than a year since China enacted in December 2020 the Export Control Law, which authorizes the Chinese government to take countermeasures against any countries or regions that abuses export-control measures and poses threat to China's national security and interests.

The new regulations stressed that the exports of dual-use items, which refer to items that have both civil and military uses or help to enhance military potential, shall follow the overall national security concept while help to maintain international peace.

The targeted items are particularly involving those that can be used for the design, development, production or use of weapons of mass destruction, according to the draft.

Moreover, several key factors will be considered in evaluating the items for export, which including the impact on national security and interests, the need to fulfill international obligations, foreign policy needs, and other factors.

The government will formulate and implement control lists and export licenses while carrying out supervision and inspection on the illegal exports in accordance with the law.

The validity period of a general license should be not longer than two years, which will be followed with a reassessment before the expiration.

Not all related items will be prohibited from export though.

The new regulations clearly stipulate conditions for the exemption of the application for licenses, which including returning the corresponding items to the original export place within a reasonable period of time after entering the country for maintenance or exhibitions, as well as the civil aircraft parts and components that need to be repaired overseas.

In response to the unauthorized export of dual-use items, the new regulations further clarify the degree of punishment, including the confiscation of illegal gains.

If the illegal business volume is more than 500,000 yuan ($77,000), a fine of five to 10 times the illegal business volume shall be imposed concurrently. If the amount of illegal business volume is less than 500,000 yuan, a fine of not less than 500,000 yuan but not more than 5 million yuan shall be imposed.

Global Times