Regulation merges development with security

The export control regulation on dual-use items, which will come into effect on Dec 1, is expected to both enhance the effectiveness of the control and create a predictable trade regulatory environment for domestic and global businesses.

Dual-use items are goods, technologies and services that can be used for both civilian and military purposes or can contribute to enhancing military strength. As is the international practice, since the 1990s, China has implemented several export control regulations on dual-use items, while fulfilling its international obligations such as nonproliferation. In 2020, the Export Control Law was implemented, establishing a unified export control system. The new regulation on the export control of dual-use items was developed following this law.

For enterprises engaged in the export of dual-use items, a unified written regulation creates a stable, transparent and predictable regulatory environment, compelling them to comply with the law during production and to know how to avoid legal risks, thus avoiding the problem of being restricted or even banned from exporting the goods after production. The regulation aims to achieve high-quality development while ensuring high-level security.

Furthermore, the new regulation, based on domestic realities, improves the export control system and aligns it with international norms, meeting the needs to fulfill international obligations such as nonproliferation while also facilitating smoother exports of China's dual-use items. Moreover, the regulation is formulated on the basis of laws such as the Export Control Law, detailing and solidifying specific measures for export control of dual-use items, thereby further enhancing regulatory effectiveness.

Notably, the regulation explicitly stipulates, in accordance with the Export Control Law, that if importers or end-users violate end-user or end-use management requirements, potentially endangering national security and interests, or use dual-use items for terrorist purposes, the Ministry of Commerce under the State Council may decide to include them in a controlled list.

This provision directly supports national security and the global fight against terrorism. The regulation says that the ministry can include importers or end-users in a controlled list if they use dual-use items for the design, development, production, or use of weapons of mass destruction and their delivery vehicles.

By focusing on improving the efficiency of export controls on dual-use items and creating a predictable trade regulatory environment, the regulation holds the promise of facilitating a positive interaction between high-quality development and high-level security, providing institutional support and legal guarantee for safeguarding national security and interests.