China: Opened consultation on Regulations on the Export Control of Dual-Use Items

On 22 April 2022, the Chinese Ministry of Commerce published and opened a consultation until 22 May 2022 on its Regulations on the Export Control of Dual-Use Items, implementing the Export Control Law. The Regulations concern the export control of dual-use goods, technologies, and services, establishing a unified export control system managed by the competent Department of Commerce under the State Council. The Regulations establish control lists, export licenses, and supervision and inspection requirements, and call for strengthening international cooperation in export control of dual-use items. The penalties for violating export regulations related to dual-use items include fines, warnings, and restrictions on future export activities for both exporters and individuals involved in export-related services. Additional controls include end-user and end-use management, which requires submission of certification documents attesting a commitment to using the item according to the requirements of the competent department of commerce. Export operators must identify whether the goods, technologies, and services to be exported fall within the scope of control, and if they are unsure, they may submit a consultation to the competent Department of Commerce under the State Council.