The "Regulations of the People's Republic of China on the Control of Exports of Dual-Use Items" were adopted at the 41st Executive Meeting of the State Council on September 18, 2024, and are hereby promulgated and shall come into force on December 1, 2024.
 

Premier Li Qiang

September 30, 2024

 

Regulations of the People's Republic of China on the Control of Exports of Dual-Use Items
 

Chapter 1 General Provisions

Article 1 For the purpose of safeguarding national security and interests, fulfilling international obligations such as non-proliferation, strengthening and standardizing the control of exports of dual-use items, and in accordance with the "Export Control Law of the People's Republic of China" (hereinafter referred to as the Export Control Law) and other laws, these Regulations are formulated.

Article 2 These Regulations shall apply to the export control of dual-use items.

For the purpose of these Regulations, "dual-use items" refer to goods, technologies, and services that have both civilian and military uses or that can contribute to enhancing military potential, especially those that can be used in the design, development, production, or use of weapons of mass destruction and their delivery vehicles, including related technical data and other data.

For the purpose of these Regulations, "export control" refers to the measures of prohibition or restriction adopted by the state on the transfer of dual-use items from within the territory of the People's Republic of China to outside the territory, and on the provision of dual-use items by citizens, legal persons, and non-legal organizations of the People's Republic of China to foreign organizations and individuals, including the commercial export of dual-use items and their transfer to foreign countries through gifts, exhibitions, cooperation, assistance, and other means.

Article 3 The export control of dual-use items shall adhere to the leadership of the Communist Party of China, uphold the overall national security outlook, maintain international peace, coordinate high-quality development and high-level security, improve the management and services of export control of dual-use items, and enhance the governance capacity of export control of dual-use items.
The export of dual-use items and related activities shall comply with laws, administrative regulations, and relevant national provisions, and shall not harm national security and interests.

Article 4 The national export control coordination mechanism shall be responsible for organizing and guiding the export control of dual-use items and coordinating major matters related to the export control of dual-use items. The competent department of commerce under the State Council shall be responsible for the export control of dual-use items, and other relevant departments of the state shall be responsible for the relevant work of export control of dual-use items according to their respective responsibilities. The competent department of commerce under the State Council and other relevant departments of the state shall closely cooperate and strengthen information sharing.
The competent departments of commerce of the provinces, autonomous regions, and municipalities directly under the Central Government may, at the request of the competent department of commerce under the State Council, undertake relevant work on the export control of dual-use items.

Article 5 The competent department of commerce under the State Council, together with relevant national departments, shall establish an expert consultation mechanism for the export control of dual-use items to provide advisory opinions on the export control of dual-use items. Experts shall safeguard national security and interests, and provide advisory opinions objectively, fairly, scientifically, and rigorously, and shall bear the legal obligation of confidentiality for state secrets, work secrets, trade secrets, personal privacy, and personal information learned during consultations.

Article 6 The competent department of commerce under the State Council shall draft and issue a compliance guide for the export control of dual-use items, and encourage and guide export operators and operators providing freight, third-party e-commerce transaction platforms, and financial services to export operators to establish and improve internal compliance systems for the export control of dual-use items, and to operate in accordance with the law.

Article 7 The competent departments of commerce and foreign affairs under the State Council, together with other relevant national departments, shall strengthen international cooperation on the export control of dual-use items and participate in the formulation of relevant international rules.

The competent department of commerce under the State Council shall, in accordance with treaties and agreements concluded or participated in, or in accordance with the principle of equality and mutual benefit, conduct cooperation and exchanges on the export control of dual-use items with other countries and regions and international organizations. Other relevant departments of the state shall conduct relevant cooperation and exchanges on the export control of dual-use items according to their respective responsibilities.

Article 8 Relevant chambers of commerce, associations, and other industry self-regulatory organizations shall, in accordance with the provisions of laws, regulations, and articles of association, provide their members with information consultation, publicity and training services related to the export control of dual-use items, and strengthen industry self-discipline.
 

Chapter 2 Control Policies

Article 9 The competent department of commerce under the State Council, together with relevant national departments, shall formulate and adjust the export control policies for dual-use items, and major policies shall be submitted to the State Council for approval, or to the State Council and the Central Military Commission for approval.

Article 10 The competent department of commerce under the State Council, together with the national departments of foreign affairs, customs, and other relevant departments, may assess the export destination countries and regions of dual-use items based on the following factors, determine the risk level, and adopt corresponding control measures:

(1) Impact on national security and interests;

(2) The need to fulfill international obligations such as non-proliferation;

(3) The need to fulfill the treaties and agreements concluded or participated in by China;

(4) The need to implement relevant binding resolutions and measures adopted by the United Nations Security Council;

(5) Other factors to be considered.

Article 11 In accordance with the provisions of the Export Control Law and these Regulations, the competent department of commerce under the State Council shall, in accordance with the export control policies for dual-use items, formulate and adjust the export control list for dual-use items in accordance with the prescribed procedures, together with relevant national departments, and publish it in a timely manner.

The formulation and adjustment of the export control list for dual-use items may solicit opinions from relevant enterprises, chambers of commerce, associations, and other parties in an appropriate manner, and conduct industry investigations and assessments if necessary.

Article 12 In accordance with the needs of safeguarding national security and interests and fulfilling international obligations such as non-proliferation, and with the approval of the State Council, or with the approval of the State Council and the Central Military Commission, the competent department of commerce under the State Council may implement temporary control over goods, technologies, and services other than those on the export control list for dual-use items, and announce it. The implementation period of temporary control shall not exceed 2 years for each time. Before the expiration of the implementation period of temporary control, an assessment shall be conducted in a timely manner, and the following decisions shall be made based on the assessment results:

(1) If control is no longer needed, the temporary control shall be cancelled;

(2) If control needs to be continued but should not be included in the export control list for dual-use items, the temporary control shall be extended, and the extension of temporary control shall not exceed 2 times;

(3) If long-term control is needed, it shall be included in the export control list for dual-use items.

Article 13 In accordance with the needs of safeguarding national security and interests and fulfilling international obligations such as non-proliferation, and with the approval of the State Council, or with the approval of the State Council and the Central Military Commission, the competent department of commerce under the State Council, together with relevant national departments, may prohibit the export of specific dual-use items, or prohibit the export of specific dual-use items to specific destination countries and regions, specific organizations, and individuals.

Chapter 3 Control Measures

Section 1 Export License for Dual-Use Items

Article 14 The export of dual-use items shall be subject to a licensing system.

For the export of dual-use items listed on the export control list for dual-use items or subject to temporary control, export operators shall apply for a license from the competent department of commerce under the State Council.

If the relevant goods, technologies, and services fall under the circumstances stipulated in Article 12, Paragraph 3 of the Export Control Law, the export operator shall apply for permission from the competent department of commerce under the State Council in accordance with the Export Control Law and these Regulations. Where laws, administrative regulations, or military regulations provide otherwise, such provisions shall prevail.
Export operators shall understand the performance indicators, main uses, etc., of the goods, technologies, and services intended for export, and determine whether they belong to dual-use items; if unable to determine, they may consult the competent department of commerce under the State Council, which shall respond promptly. When consulting, the export operator shall simultaneously provide the performance indicators, main uses of the goods, technologies, and services intended for export, and the reasons for being unable to determine whether they belong to dual-use items.

Article 15 The export of dual-use items shall be subject to the provisions of the Export Control Law and these Regulations to obtain single permits, general permits, or export certificates through information registration and reporting.

A single permit allows the export operator to export a specific dual-use item to a single end-user within the scope, conditions, and validity period stated in the export license. The validity period of a single permit shall not exceed one year; once the export is completed within the validity period, the export license shall automatically become invalid.

A general permit allows the export operator to export a specific dual-use item to a single or multiple end-users multiple times within the scope, conditions, and validity period stated in the export license. The validity period of a general permit shall not exceed three years.

For exports obtaining export certificates through information registration and reporting, the export operator shall register with the competent department of commerce under the State Council before each export of the specific dual-use item, truthfully fill in the relevant information according to regulations to obtain an export certificate, and then export independently based on the export certificate.

Article 16 To apply for a single permit, the export operator shall submit an application in writing or by data message to the competent department of commerce under the State Council, truthfully fill out the dual-use item export application form, and submit the following materials:

(1) Identity certificates of the applicant's legal representative, main business managers, and operators;

(2) Copies or other supporting documents of contracts and agreements related to the export of dual-use items;

(3) Technical specifications or test reports of the dual-use items;

(4) Supporting documents for the end-user and end-use of the dual-use items;

(5) Other materials required by the competent department of commerce under the State Council.

If an export operator has established and effectively operates an internal compliance system for the export control of dual-use items, and has relevant export records of dual-use items and relatively fixed export channels and end-users, it may apply to the competent department of commerce under the State Council for a general permit. In addition to the materials stipulated in the preceding paragraph, the following materials shall also be submitted when applying for a general permit:

(1) An explanation of the operation of the internal compliance system for the export control of dual-use items;

(2) An explanation of the application and use of export licenses for dual-use items;

(3) An explanation of the relevant circumstances of the export channels and end-users of dual-use items.

Article 17 The competent department of commerce under the State Council shall, from the date of receipt of the application for export license of dual-use items, independently or jointly with relevant national departments, review the application for export license in accordance with the Export Control Law and these Regulations, and make a decision on whether to grant permission within 45 working days. If permission is granted, an export license shall be issued by the competent department of commerce under the State Council; if permission is not granted, the applicant shall be notified in writing.

For the export of dual-use items that have a significant impact on national security and interests, the competent department of commerce under the State Council shall, in conjunction with relevant national departments, report to the State Council for approval, or to the State Council and the Central Military Commission for approval. Those requiring approval from the State Council, or from the State Council and the Central Military Commission, shall not be subject to the export license review time limit stipulated in the preceding paragraph.

When the competent department of commerce under the State Council reviews an application for an export license, if it needs to organize identification, solicit expert opinions, or conduct on-site verification of the export operator or end-user, the time required shall not be included in the export license review time limit stipulated in Paragraph 1 of this Article.

Article 18 Export operators shall export dual-use items within the scope, conditions, and validity period stated in the export license and report the actual export transportation, arrival, installation, and use.

Within the validity period of the export license, if the export operator needs to change key elements such as the type of dual-use item, the destination country or region, the end-user, or the end-use, it shall reapply for an export license for dual-use items in accordance with these Regulations, return the original export license, and temporarily suspend exports.

Within the validity period of the export license, if the export operator needs to change other non-key elements related to the export of dual-use items, it shall submit an application to change the export license for dual-use items to the competent department of commerce under the State Council, truthfully submit relevant supporting materials, and temporarily suspend the use of the export license. The competent department of commerce under the State Council shall make a decision on whether to grant the change within 20 working days from the date of receipt of the change application and notify the export operator in writing. If the change is granted, a new export license shall be issued, and the original export license shall be cancelled; if the change is not granted, the export operator shall export dual-use items within the scope, conditions, and validity period stated in the original export license.

If the competent department of commerce under the State Council finds that the factors stipulated in Article 13 of the Export Control Law, which are the basis for granting an export license for dual-use items, have undergone significant changes, it shall notify the export operator to temporarily suspend the use of the export license. After verification, if the relevant changes may pose significant risks to national security and interests, or to fulfilling international obligations such as non-proliferation, the export license shall be withdrawn, revoked, or the export operator shall be required to apply for a change to the relevant export license for dual-use items; if there is no such risk, the export operator shall be promptly notified to resume use of the relevant export license.

Article 19 If the export of specific dual-use items meets one of the following circumstances, the competent department of commerce under the State Council shall allow the export operator to obtain an export certificate by registering and reporting information before each export and then export independently:

(1) Re-export to the original end-user in the original exporting country within a reasonable time limit after entry for repair, testing, or inspection;

(2) Re-import within a reasonable time limit after exit for repair, testing, or inspection;

(3) Participation in exhibitions held within the People's Republic of China, and immediate return to the original exporting country in the original condition after the exhibition;

(4) Participation in exhibitions held outside the People's Republic of China, and immediate re-import in the original condition after the exhibition;

(5) Export of civil aircraft parts for overseas maintenance and spare parts;

(6) Other circumstances stipulated by the competent department of commerce under the State Council.

If the export elements of the specific dual-use items stipulated in the preceding paragraph change, the export operator shall re-register and report information to obtain a new export certificate, or apply for a single permit or general permit in accordance with Article 16 of these Regulations.

If the export operator knows or should know that the export no longer meets the circumstances stipulated in Paragraph 1 of this Article, or receives a notice from the competent department of commerce under the State Council, it shall immediately stop exporting and report to the competent department of commerce under the State Council.

Article 20 Export operators with any of the following circumstances shall not apply for a general permit or obtain an export certificate through information registration and reporting:

(1) The entity has been criminally punished for illegal acts related to the export control of dual-use items, or the person directly in charge and other directly responsible personnel related to the export of dual-use items have been criminally punished for illegal acts related to the export control of dual-use items;

(2) Has received administrative penalties for illegal acts related to the export control of dual-use items within 5 years and the circumstances are serious;

(3) Foreign organizations and individuals listed in the control list stipulated in Article 28 of these Regulations that have established wholly-owned enterprises, representative offices, and branches in the People's Republic of China;

(4) Other circumstances stipulated by the competent department of commerce under the State Council.

If an export operator who has obtained a general license or an export certificate by registering and reporting information encounters the circumstances stipulated in the preceding paragraph, the competent department of commerce under the State Council shall revoke the export license it has obtained; if it needs to continue exporting, the export operator shall apply for a single license in accordance with the provisions of Paragraph 1 of Article 16 of these Regulations.

Article 21 When the shipper of export goods or the customs broker exports dual-use items, it shall present the export license issued by the competent department of commerce under the State Council to the customs and handle export customs declaration procedures in accordance with relevant national regulations; if the export license cannot be provided, the customs shall not release the goods.

Article 22 If the shipper of export goods fails to submit or truthfully present the export license issued by the competent department of commerce under the State Council to the customs, and the customs has evidence that the export goods may fall within the scope of export control of dual-use items, it shall raise questions to the shipper of export goods, and the shipper of export goods shall provide the customs with proof materials such as export goods contracts, performance indicators, and main uses. During the questioning period, the customs may request the competent department of commerce under the State Council to organize identification, and dispose of the goods in accordance with the law based on the identification conclusion made by the competent department of commerce under the State Council. During the questioning and identification period, the customs shall not release the export goods.

If the export goods have the circumstances stipulated in Paragraph 3 of Article 14, Paragraph 4 of Article 18, and Article 25 of these Regulations, and the competent department of commerce under the State Council is aware of the relevant situation, it shall promptly notify the customs; when the customs receives the notice from the competent department of commerce under the State Council, if the export goods have been declared for export to the customs but have not yet been released, they shall not be released and shall be disposed of in accordance with the law.

Section 2 Management of End-Users and End-Uses

Article 23 The competent department of commerce under the State Council shall establish a risk management system for end-users and end-uses of dual-use items, assess and verify the end-users and end-uses of dual-use items, and strengthen the management of end-users and end-uses.

Article 24 When applying for an export license for dual-use items, the export operator shall submit the end-user's proof of end-user and end-use. The competent department of commerce under the State Council may require the export operator to submit the end-user and end-use proof document issued or certified by the government agency of the country or region where the end-user is located.

The end-user of dual-use items shall make a commitment as required by the competent department of commerce under the State Council and shall not change the end-use of the dual-use items or transfer them to any third party without the permission of the competent department of commerce under the State Council.

Article 25 If an export operator or importer finds that the export of dual-use items has the following circumstances, it shall immediately stop the export, report to the competent department of commerce under the State Council and cooperate with the investigation; the competent department of commerce under the State Council shall handle it in accordance with the provisions of Article 18 of these Regulations:

(1) The end-user or end-use of dual-use items has changed or may change;

(2) The end-user and end-use proof document of dual-use items is forged, altered, or invalid;

(3) Obtaining the end-user and end-use proof document of dual-use items by deception, bribery, or other improper means.

Article 26 The competent department of commerce under the State Council shall conduct verification of the end-users and end-uses of dual-use items in accordance with the law, and relevant organizations and individuals shall cooperate. If an importer or end-user fails to cooperate with the verification or provide relevant proof materials within the prescribed time limit, resulting in the inability to verify the end-user or end-use of dual-use items, the competent department of commerce under the State Council may include the relevant importer or end-user in the watch list.

Export operators shall not apply for general licenses or obtain export certificates by registering and reporting information when exporting dual-use items to importers or end-users included in the watch list; when applying for single licenses, they shall submit a risk assessment report on the importers or end-users included in the watch list and make a commitment to comply with the laws, regulations, and relevant requirements on export control. The license review period is not subject to the time limit stipulated in Paragraph 1 of Article 17 of these Regulations.

If the importers or end-users stipulated in Paragraph 1 of this Article cooperate with the verification, and it is verified that there is no unauthorized change of end-use or unauthorized transfer to a third party, the competent department of commerce under the State Council may remove them from the watch list.

Article 27 Export operators shall properly keep the end-user and end-use proof documents and related materials such as contracts, invoices, account books, documents, business letters and telegrams related to the export of dual-use items, and the preservation period shall be no less than 5 years. If laws and administrative regulations provide otherwise, follow their provisions.

Section 3 Control List

Article 28 The competent department of commerce under the State Council may, by its own authority or based on suggestions or reports from relevant parties, decide to include importers or end-users with any of the following circumstances in the control list:

(1) Violating the requirements for end-users or end-uses;

(2) May endanger national security and interests;

(3) Using dual-use items for terrorist purposes.

If an importer or end-user has any of the following circumstances and endangers national security and interests, the provisions of the preceding paragraph shall apply:

(1) Using dual-use items to design, develop, produce, or use weapons of mass destruction and their delivery vehicles;

(2) Measures such as prohibiting or restricting relevant transactions and cooperation have been taken by relevant national departments in accordance with the law.

If an importer or end-user included in the watch list in accordance with the provisions of Article 26 of these Regulations has the circumstances stipulated in Paragraphs 1 and 2 of this Article, the competent department of commerce under the State Council may include it in the control list and remove it from the watch list at the same time.

Article 29 The competent department of commerce under the State Council may, based on the severity of the circumstances and specific situations, take one or more of the following measures against importers or end-users included in the control list:

(1) Prohibiting relevant dual-use item transactions;

(2) Restricting relevant dual-use item transactions;

(3) Ordering the suspension of relevant dual-use item exports;

(4) Other necessary measures.

Export operators shall not conduct transactions of dual-use items with importers or end-users included in the control list in violation of regulations. In special circumstances, if such transactions are indeed necessary, the export operator shall apply to the competent department of commerce under the State Council, and after approval, it may conduct corresponding transactions with the importer or end-user and report as required.

Article 30 Importers and end-users included in the control list shall cooperate with the investigation of the competent department of commerce under the State Council, truthfully state the relevant facts, stop illegal activities, take proactive measures to eliminate the harmful consequences, make and fulfill commitments as required, and if there are no circumstances as stipulated in Article 28 of these Regulations, they may apply to the competent department of commerce under the State Council for removal from the control list. The competent department of commerce under the State Council may make a decision to remove them from the control list based on the actual situation.

Chapter IV Supervision and Inspection

Article 31 The state shall establish and improve the enforcement cooperation system for export control of dual-use items, strengthen the supervision of the entire process, and promptly discover, stop, and investigate illegal activities in the export of dual-use items.
The competent department of commerce under the State Council shall conduct supervision and law enforcement of dual-use item export activities in accordance with the law.

Article 32 The competent department of commerce under the State Council, alone or jointly with relevant national departments, shall conduct supervision and inspection of dual-use item export activities and investigate suspected illegal activities in accordance with the law. Relevant organizations and individuals shall cooperate and shall not refuse or obstruct.
Law enforcement personnel conducting supervision and inspection and case investigations shall not be less than two persons, shall proactively present their law enforcement credentials and relevant legal documents, and may adopt the measures stipulated in Article 28 of the Export Control Law; if there are fewer than two persons or law enforcement credentials and relevant legal documents are not presented, the organizations and individuals being inspected or investigated have the right to refuse.

Article 33 The competent department of commerce under the State Council shall, based on its own authority or according to the need for organizational identification raised by the customs, organize the relevant identification of dual-use items, and may entrust relevant professional institutions or experts in relevant fields to provide identification opinions.

Article 34 If the competent department of commerce under the State Council, based on its own authority or according to suggestions or reports from relevant parties, finds that relevant organizations and individuals have risks of illegal export of dual-use items, it may adopt measures such as regulatory talks and issuing warning letters.

Article 35 If an export operator discovers or receives notification from the competent department of commerce under the State Council that its export activities involve the circumstances stipulated in Article 14, paragraph 3, Article 18, paragraph 4, and Article 25 of these Regulations, it shall promptly report the relevant situation to the competent department of commerce under the State Council, take measures as required to eliminate or mitigate the harm, and cooperate with the investigation and handling.

Article 36 No organization or individual shall provide agency, freight, delivery, customs declaration, third-party e-commerce transaction platform, and financial services for illegal activities in the export control of dual-use items. Operators providing agency, freight, delivery, customs declaration, third-party e-commerce transaction platform, and financial services who discover suspected illegal activities in the export control of dual-use items shall promptly report to the competent department of commerce under the State Council, which shall promptly verify and handle them.

Article 37 Based on the applications of domestic import operators and end-users, the competent department of commerce under the State Council may issue end-user and end-use statements to governments of other countries and regions, and manage relevant matters.

Domestic import operators and end-users applying for end-user and end-use statements shall truthfully submit relevant materials as required by the competent department of commerce under the State Council, strictly fulfill the commitments made when obtaining the statement, and accept the supervision and inspection of the competent department of commerce under the State Council.

Article 38 Citizens, legal persons, and non-legal organizations of the People's Republic of China who receive requests from foreign governments related to export control, such as visits and on-site inspections, shall immediately report to the competent department of commerce under the State Council. Without the consent of the competent department of commerce under the State Council, they shall not accept or promise to accept relevant visits and on-site inspections from foreign governments.

Chapter V Legal Liability

Article 39 If an export operator commits any of the following acts, it shall be punished in accordance with the provisions of Article 34 of the Export Control Law:

(1) Exporting dual-use items without authorization;

(2) Exporting dual-use items beyond the scope, conditions, and validity period stated in the export license;

(3) Exporting dual-use items prohibited from export;

(4) Circumventing the export license of dual-use items by means of modification, disassembly into parts or components, etc.;

(5) Violating regulations in the use of license for export under the circumstances stipulated in Article 18 of these Regulations.

Article 40 If an export operator violates the provisions of these Regulations and fails to fulfill its reporting obligations, it shall be given a warning and ordered to rectify; if the circumstances are serious, its illegal gains shall be confiscated, and if the illegal business turnover is over 500,000 yuan, it shall also be fined more than 5 times and less than 10 times the illegal business turnover; if there is no illegal business turnover or the illegal business turnover is less than 500,000 yuan, it shall also be fined more than 500,000 yuan and less than 3 million yuan.

If an operator providing agency, freight, delivery, customs declaration, third-party e-commerce transaction platform, and financial services violates the provisions of Article 36 of these Regulations and fails to fulfill its reporting obligations, it shall be given a warning and ordered to rectify, and may be fined less than 100,000 yuan; if the circumstances are serious, it shall also be fined more than 100,000 yuan and less than 500,000 yuan.

Article 41 Those who instigate or assist export operators, importers, and end-users to circumvent the provisions of the Export Control Law and these Regulations to commit illegal acts shall be given a warning, ordered to stop the illegal acts, and their illegal gains shall be confiscated; if the illegal gains are over 100,000 yuan, they shall also be fined more than 3 times and less than 5 times the illegal gains; if there are no illegal gains or the illegal gains are less than 100,000 yuan, they shall also be fined more than 100,000 yuan and less than 500,000 yuan.

Article 42 If domestic import operators and end-users violate their commitments made to the competent department of commerce under the State Council, they shall be given a warning and ordered to rectify, their illegal gains shall be confiscated, and if the illegal business turnover is over 500,000 yuan, they shall also be fined more than 3 times and less than 5 times the illegal business turnover; if there is no illegal business turnover or the illegal business turnover is less than 500,000 yuan, they shall also be fined more than 300,000 yuan and less than 3 million yuan. The competent department of commerce under the State Council may not accept their applications for end-user and end-use statements for 5 years from the effective date of the penalty decision.

Article 43 Those who violate the provisions of these Regulations and arbitrarily accept or promise to accept requests from foreign governments related to export control, such as visits and on-site inspections, shall be given a warning and fined less than 500,000 yuan; if the circumstances are serious, they shall also be fined more than 500,000 yuan and less than 3 million yuan; if the circumstances are particularly serious, they shall be ordered to suspend operations for rectification.

Article 44 Experts and professional institutions providing consultation and identification opinions who violate professional ethics and the provisions of these Regulations shall be criticized and ordered to rectify within a time limit; if the circumstances are serious, their consultation and identification qualifications shall be revoked, and corresponding legal liabilities shall be investigated and pursued in accordance with the law.

Article 45 Illegal acts in the export control of dual-use items stipulated in these Regulations shall be punished by the competent department of commerce under the State Council; if the law or administrative regulations stipulate that the customs shall be punished, the customs shall punish them in accordance with the Export Control Law and these Regulations.

Article 46 In addition to the penalties stipulated in the Export Control Law and these Regulations, those who violate the provisions of the Export Control Law and these Regulations and endanger national security and interests shall also be dealt with and punished in accordance with the provisions of relevant laws, administrative regulations, and departmental rules.
Those who violate the provisions of the Export Control Law and these Regulations and constitute a crime shall be investigated for criminal responsibility in accordance with the law.

Chapter VI Supplementary Provisions

Article 47 The export control of other goods, technologies, and services stipulated in Article 2 of the Export Control Law that are related to maintaining national security and interests and fulfilling international obligations such as non-proliferation shall apply to these Regulations.

The export control of chemical products monitored in dual-use items shall be subject to the provisions of the "Regulations on the Administration of Monitored Chemical Products of the People's Republic of China"; matters not stipulated in the "Regulations on the Administration of Monitored Chemical Products of the People's Republic of China" shall be implemented by the competent department of industry and information technology of the State Council in accordance with the Export Control Law and these Regulations.

The export of items and technologies listed in Part I of the "List of Export Control of Missiles and Related Items and Technologies" attached to the "Regulations on the Export Control of Missiles and Related Items and Technologies of the People's Republic of China" shall be included in the military export management list and handled in accordance with the "Regulations on the Export Management of Military Products of the People's Republic of China" and other relevant regulations.

Article 48 The transit, transshipment, transportation, re-export, or export from customs special supervision areas and bonded supervision areas to foreign countries of dual-use items shall be implemented in accordance with the relevant provisions of the Export Control Law and these Regulations. Specific methods shall be formulated by the competent department of commerce of the State Council in conjunction with the General Administration of Customs.

Within the People's Republic of China, dual-use items entering and leaving between customs special supervision areas and bonded supervision areas, or entering customs special supervision areas and bonded supervision areas from outside customs special supervision areas and bonded supervision areas, do not require export licenses and are subject to customs supervision.

Article 49 Where foreign organizations and individuals transfer or provide the following goods, technologies and services to specific countries and regions, specific organizations and individuals outside the People's Republic of China, the competent department of commerce of the State Council may require relevant operators to implement the relevant provisions of these Regulations:

(1) Dual-use items manufactured abroad containing, integrating or mixing specific dual-use items originating in the People's Republic of China;

(2) Dual-use items manufactured abroad using specific technologies or dual-use items originating in the People's Republic of China;

(3) Specific dual-use items originating in the People's Republic of China.

Article 50 These Regulations shall come into force on December 1, 2024. The "Regulations on the Export Control of Nuclear Dual-Use Items and Related Technologies of the People's Republic of China", the "Regulations on the Export Control of Missiles and Related Items and Technologies of the People's Republic of China", the "Regulations on the Export Control of Biological Dual-Use Items and Related Equipment and Technologies of the People's Republic of China", and the "Measures for the Export Control of Relevant Chemicals and Related Equipment and Technologies" shall be repealed simultaneously.