III. Modernizing the Export Control System
China strictly enforces export control laws and regulations, and translates solemn commitments into concrete actions. With institutional foundations and technological support, China has gradually realized effective and comprehensive regulation and whole-process monitoring, and put in place a modern export control system providing scientific design, orderly operation and vigorous enforcement.
1. Improving License Management
China widely adopts internationally-accepted practices in export controls such as license management, end-user and end-use certificates, and general licensing. China has established an inter-agency consultation mechanism and a two-tiered management model, optimized the licensing procedure and extending the types of license. License management has been steadily improved, to ensure that all trade in export-controlled items is consistent with compliance requirements, and to create a better business environment for high-level opening up.
An inter-agency consultation mechanism for prudent and accurate review. For the review of dual-use items, China has set up an inter-agency consultation mechanism that brings together the Ministry of Commerce, the Ministry of Foreign Affairs, the Ministry of Industry and Information Technology, the State Administration of Science, Technology and Industry for National Defense, China Atomic Energy Authority, and the Equipment Development Department of the CMC. These departments work closely together to review export applications, each carrying out its respective duties, taking into account factors such as national security and national interests, international obligations, end users and end uses, to ensure compliance with applicable laws and policies.
A two-tiered management model to facilitate license applications. License applicants may come from any part of China. To strike a balance between export promotion and export control, and to protect and promote trade in controlled items that is consistent with compliance requirements, China adopts a two-tiered license management model. Provincial government departments are mandated to provide exporters with public export control services and re-submit their export applications to the central government. The results of reviews are sent to the exporters and China Customs via the internet. To facilitate trade, the Ministry of Commerce realized paperless license management for dual-use items in July 2021, employing digital tools through the entire process of application, review, license issuance and customs clearance. As a result, the licensing time frame was shortened by five to seven days.
Improved measures for targeted license management. China promotes multi-tiered management with the emphasis on end-user and end-use certificates. Generally, an exporter is required to submit the end-use certificate provided by the end user; for export applications presenting a potential risk, the exporter is required to submit end-user and end-use certificates verified or issued by the government agencies of the country or region in which the end user is located, and by the Chinese embassy or consulate in that country or region. To extend the types of license, China grants general licenses to exporters with internal compliance programs and sound operating procedures, provided that they meet the necessary requirements. These general licenses allow them to export multiple times to multiple countries/regions or end users within the period of validity. The implementation of these measures has made license management more targeted and effective.
An expert team for informed and efficient management. China values the contribution of experts, and has created statutory provisions to establish and improve the export control expert advisory mechanism. Relevant departments have set up a team consisting of experts in dual-use items, military products, nuclear materials, and other areas, to facilitate informed and accurate assessment. Over the years, the expert team has provided robust support in the creation of lists, license management, monitoring and enforcement, and business consultancy. As export control becomes a more specialized field, China will continue to mobilize more experts to develop a team providing wide coverage and strong expertise, so as to provide more professional and effective support in the new era.
2. Strengthening Enforcement Capability
China continues to reinforce its export control enforcement mechanism by expanding methods and sharpening capabilities. An authoritative and efficient system has gradually taken shape with consistent rights and responsibilities, which plays an important role in tackling violations and ensuring complete, accurate and strict implementation of relevant laws and regulations.
Improved organizational structure for a coordinated and effective enforcement mechanism. In 2014, to strengthen institutions responsible for export control, the Ministry of Commerce set up a dedicated enforcement team, which is responsible for developing enforcement institutions and conducting case investigations. The Ministry of Commerce, the Ministry of Public Security, the Ministry of Industry and Information Technology, the General Administration of Customs, and other departments have strengthened collaboration on enforcement, and work on joint enforcement with relevant departments of provincial governments. With this horizontal and vertical cooperation among central departments and provincial governments, a closely-knit enforcement network is in place. It provides a firm institutional guarantee for enforcement of export control laws in China and effectively addresses the problems posed by geographical distance, wide spectrum, and difficulties in imposing penalties.
Various enforcement measures to amplify the deterrent effect of enforcement and regulation. China continues to strengthen its enforcement capability. In addition to basic methods such as site visits, inquiries and investigations, and access to materials, the enforcement authorities are also authorized to employ other methods, including sealing off and detaining items and checking bank accounts. The enforcement authorities can also mark any illegal act into the credit record of an offender, which significantly reinforces the deterrent effect of law enforcement. Every aspect of the export process is covered by enforcement. In addition to the exporters, intermediary service providers are also subject to control to prevent illegal exports. Agencies and individuals are prohibited from providing offenders with intermediary services such as agency, shipping, consignment, financing, customs declaration, and third-party e-commerce platform transactions. China also values the role of non-compulsory enforcement methods such as regulatory interviews and administrative guidance, and implements preventive, guiding, and monitoring measures to ensure that enforcement is effective.
Improved enforcement equipment and IT application to strengthen guarantees. China has increased inputs into enforcement equipment. With professional equipment to detect radioactive, biological and chemical items, China Customs is able to inspect and detect illegal exports more efficiently, thus helping enforcers to dispose of controlled items more effectively. China has also improved the use of enforcement information by sharing information among enforcement and regulatory agencies. China attaches great importance to collecting information and analyzing statistics on violations. Basic information on companies involved is integrated with case descriptions through use of information technologies. To boost enforcement capacity, the enforcement authorities regularly provide enforcers with training on export control laws and regulations, and on identification and enforcement skills.
3. Developing Export Control Compliance Systems
China is committed to developing export control compliance systems. Based on the principle of government-guided, business-led, and coordinated action, China has made notable progress in building export control compliance systems by consolidating the legal foundations, improving the policy framework, and investing in publicity and training.
Intensified legal guarantee. China has been working to reinforce the legal foundations of export compliance. The Export Control Law requires the Chinese government to issue sector-specific guidelines for export controls at the appropriate time, guiding exporters to establish and improve their internal compliance programs and to operate in accordance with laws and regulations. As an incentive, an exporter with an internal compliance program and sound operating procedures can be granted a general license or other facilitating measures. These provisions provide a legal guarantee for the government to provide guidance on export control compliance, and a legal basis for businesses to establish and improve their internal compliance programs.
Improved policy guidance. In 2007, the Ministry of Commerce first issued guiding opinions on internal export control mechanisms for exporters of dual-use items and technologies. In 2021, the Ministry of Commerce revised and issued the Guiding Opinions on Establishing the Internal Compliance Program for Export Control by Exporters of Dual-use Items, which increased the number of compliance elements to nine - policy statement, organizational structure, comprehensive risk assessment, screening procedures, contingency measures, compliance training, compliance audits, record-keeping and management manual. The Guidelines for Internal Compliance for Export Control of Dual-use Items was added to provide more details and scenarios for reference. In the field of nuclear materials, China promulgated Guidelines for Import and Export Compliance Mechanism Building of Nuclear Items and other government documents.
Improved public services. The Chinese government attaches great importance to information and training on export controls, and has continued to disseminate information to increase compliance across broader society. Government authorities at all levels have paid study visits to enterprises and provided training in key areas to raise awareness and foster a compliance culture. In recent years, around 30,000 people have participated in over 20 training sessions and seminars every year. In 2021, the Ministry of Commerce launched an export control information service platform to provide better guidance and services. The Chinese government provides guidance to business associations, chambers of commerce, intermediary agencies, experts and think tanks, to help them study export controls, provide consultancy, and play an active part in export compliance.
4. Complying with International Obligations
China consistently advocates the complete prohibition and thorough destruction of weapons of mass destruction (WMD), including nuclear, biological and chemical weapons, and resolutely opposes the proliferation of such weapons and their means of delivery. China does not support, encourage or help any other country in the development of WMD and their means of delivery. China is committed to regulating the trade in conventional arms, combating illicit trafficking of weapons, and mitigating humanitarian issues triggered by the abuse of conventional arms. China firmly upholds the authority and efficacy of all relevant international treaties, strictly complies with its international obligations, and safeguards international and regional peace and stability.
Nuclear. China joined the International Atomic Energy Agency (IAEA) in 1984 and signed the Agreement Between the People's Republic of China and the International Atomic Energy Agency for the Application of Safeguards in China in 1988, voluntarily placing China's civilian nuclear facilities under Agency safeguards. In 1992, China acceded to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). China was actively engaged in the negotiations on the Comprehensive Nuclear Test Ban Treaty (CTBT) of the Conference on Disarmament in Geneva, making a major contribution to the conclusion of the Treaty to which it was one of the first State Party signatories in 1996. China became a member of the Zangger Committee in October 1997. In 1998, China signed the Additional Protocol aimed at strengthening the IAEA safeguard system, and formally completed the domestic legal procedures necessary for the entry into force of the Additional Protocol in early 2002, thus becoming the first nuclear-weapon state to complete the relevant procedures. In June 2004, China joined the Nuclear Suppliers Group (NSG) and has since taken an active part in the NSG while fulfilling the relevant rights and obligations.
Biological weapons. China strictly honors its obligations under the BWC, to which China became a State Party in 1984. Since then, China has submitted declarations of Confidence Building Measures in full and on time, been fully involved in the BWC reviews, and actively proposed multilateral initiatives on regulating biological scientific research exercises, biological technology, and global resource allocation. China has offered the international community public goods in reinforcing laboratory biosecurity and other areas, tightened export controls on dual-use biological items and related equipment and technologies, and revised its control list in a timely manner. China calls for positive outcomes in the BWC reviews, particularly regarding the negotiations for a legally binding verification protocol to maximize the effectiveness of the BWC.
Chemical weapons. China made a positive contribution to the conclusion of the CWC, which it signed in January 1993. In April 1997, China deposited its instrument of ratification, becoming an original State Party of the CWC. In strong support of the Convention's purposes and objectives, China encourages all States Parties to strictly fulfill their obligations, and implements the provisions in a balanced and effective manner. Since the Convention entered into force, China has adopted a series of laws for domestic compliance as required by the Convention, set up agencies dedicated to compliance, submitted annual declarations in full and on time, and firmly committed itself to the inspections by the Organization for the Prohibition of Chemical Weapons. As required by the Convention, in 2020 China completed the domestic legislative procedures for the amendment to Schedule 1 reached at the 24th CWC Conference of States Parties.
Missiles. China supports international efforts to prevent the proliferation of missiles, and missile-related items and technologies, and adopts a positive and open attitude to international proposals designed to strengthen the mechanisms for non-proliferation. Drawing from other countries' export control practices, China has promulgated and implemented the Regulations of the People's Republic of China on Export Control of Missiles and Missile-related Items and Technologies, which provide the legal basis for China's export of missile-related items and technologies. In addition, China takes an active part in relevant international exchanges and cooperation to prevent the proliferation of ballistic missiles.
Military products. China actively participated in the negotiations on the Arms Trade Treaty (ATT) and made a significant contribution to the conclusion of the Treaty. China announced that it would initiate the domestic legal procedures to join the ATT in September 2019, and formally acceded to the Treaty in July 2020. As a State Party, China firmly supports the Treaty's purposes and objectives through full compliance with its obligations, and stands ready to work with other States Parties to regulate the trade in conventional arms, promote the universality and effectiveness of the Treaty, and improve global governance of the arms trade.
