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Chinese experts said the latest government regulations on export control of civil-military dual-use items are a major measure to improve foreign-related legal system, which will promote the country's export control governance capacity, while bolster the mechanism for fulfilling China's non-proliferation obligations and support global non-proliferation efforts.

Chinese Premier Li Qiang on Saturday signed a decree of the State Council to unveil regulations on export control of dual-use items, which will take effect on December 1, 2024.

Upholding a holistic approach to national security, the regulations, consisting of six chapters and 50 articles, were formulated to maintain international peace, coordinate high-quality development with high-level security, and improve export control capabilities of dual-use items.

Dual-use items mean 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 means of delivery.

According to trade facilitation measures included in the regulations, the registration system of exporters for dual-use items will be abolished, and the transparency and standardization of export control policies for dual-use items will be enhanced.

The regulations also include detailed measures for license management, control list and supervision of export control of dual-use items.

China is entering a period when "strategic opportunities coexist with risks and challenges", and the export of dual-use items, especially the export of goods, technologies, and services that can be used for the design, development, production, or use of weapons of mass destruction and their delivery vehicles, is linked to international peace, China's national security, and its development interests, so it is necessary to strengthen control through the rule of law, Huang Huikang, chairman of the Advisory Committee on International Law of the Ministry of Foreign Affairs, said in an article published on the WeChat account of China's Ministry of Justice (MOJ).

The regulations are an important measure to improve the export control system and enhance legal governance in export control of dual-use items, Huang said, noting that the regulations are also a potent measure for fulfilling international obligations and promoting global non-proliferation cooperation. 

"Implementing domestic legislation to control the export of dual-use items is an important means to achieve the non-proliferation objective and a common practice among major countries and regions around the world and is in accordance with the 'security exceptions' provisions of the WTO," Huang said.

Mei Xiaying and Fu Jun, professors from University of International Business and Economics, noted in another article published on the MOJ's WeChat account that the regulations, coupling development and security, reflect the fundamental purpose of safeguarding the interests of the nation and the people, which differs from the practices of certain countries that use export controls as tools of power politics and hegemony.

As an important measure serving the country's high-level opening-up policy, the regulations will help create a transparent, stable, and predictable institutional environment, further enhancing the governance efficiency of China's export controls, the experts said.

The regulations offer a clear guidance for the country's export control management in undertaking supervision and law enforcement and establishing specific norms for exporters to comply with the law and protect their rights. It is a legal system in accordance with international economic and trade rules to protect the fundamental security interests of a country, Han Liyu, professor at the Law School of Renmin University of China, said in another article seen on MOJ's WeChat account.

On Saturday, the MOJ and the Ministry of Commerce (MOFCOM) stressed that export controls are not a prohibition on exports. The dual-use items export control measures are in line with international norms, and they will help ensure trade security while promoting the normal trade of dual-use items. The regulations will not pose obstacles to normal international scientific and technological exchanges and economic and trade cooperation, or disrupt the smooth operation of global industrial and supply chains. 

Global Times