《中华人民共和国两用物品出口管制条例》

Order of the State Council of the People’s Republic of China No. 792 Regulation of the People’s Republic of Chinaon Export Controls for Dual-Use Items Chapter I Article 1This Regulation is formulated in accordance with theExport ControlLaw of the People’s Republic of China(hereinafter referred to as the Export ControlLaw)1and other laws in order to safeguard national security and national interests, Article 2This Regulation shall apply to the export control of dual-use items by As used in this Regulation, "dual-use items" shall mean goods, technologies, andservices that have civilian uses and also have military uses or contribute to theenhancement of military potential, in particular those that can be used for the design, As used in this Regulation, “export control” refers to measures adopted by theState to ban or restrict the transfer of dual-use items from within the People’s Republic of China to areas outside the PRC,2as well as the provision of dual-use items bycitizens, legal persons, and organizations without legal person status (非法人组织) of Article 3Work on the export control of dual-use items shall adhere to theleadership of the Chinese Communist Party, adhere to the holistic approach to nationalsecurity (总体国家安全观), safeguard international peace, and do overall planning forboth high-quality development and a high level of security, so as to improve dual-use Exporting of dual-use items and related activities shall comply with laws,administrative relations, and relevant national provisions, and shall not harm national Article 4The National Mechanism for Coordinating Export Controls (国家出口管制工作协调机制) is responsible for organizing and guiding work on the export controlof dual-use items, and for the integrated coordination of major matters of dual-useitem export control. The State Council main oversight department (主管部门) for The main oversight departments for commerce in the people’s governments ofprovinces, autonomous regions, and province-level municipalities may be entrusted by Article 5The State Council main oversight department for commerce, inconjunction with relevant national departments, shall establish an expert advisorymechanism to provide advisory opinions for dual-use item export control work. Expertsshall safeguard national security and national interests, advise in an objective, Article 6The State Council main oversight department for commerce shallformulate and issue compliance guidelines on the export control of dual-use items, andencourage and guide exporters, as well as businesses that provide exporters shipping, Article 7The State Council main oversight departments for commerce andforeign affairs, in conjunction with other relevant departments, shall strengthen The State Council main oversight department for commerce shall carry outcooperation and exchanges on dual-use item export control with other countries, concluded or acceded to, or in accordance with the principle of equality and reciprocity.Other relevant national departments shall be responsible for carrying out cooperation Article 8Relevant chambers of commerce, associations, and other industryself-regulatory organizations shall, in accordance with laws and regulations and their Chapter IIControl Policies Article 9The State Council main oversight department for commerce, inconjunction with other relevant national departments, shall formulate and adjustpolicies on dual-use item export control, and major policies shall be reported for Article 10The State Council main oversight department for commerce, inconjunction with relevant national departments such as those for foreign affairs and b)The need to fulfill international obligations such as nonproliferation;c)The need to fulfill treaties and agreements concluded or acceded to; United Nations Security Council; e)Other factors that need to be considered. Article 11The State Council main oversight department for commerce, inconjunction with other relevant national departments, shall develop and revise a dual-use item export control list3and publish it in a timely fashion, in accordance withthe provisions of the Export Control Law and this Regulation, based on dual-use item In formulating and revising the dual-use item export control list, the opinions of appropriate means, and industry surveys and assessments may be carried out when Article 12Based on the need to safeguard national security and nationalinterests, and to fulfill international obligations such as nonproliferation, and with theapproval of the State Council, or with the approval of the State Council and the CMC,the State Council main oversight department for commerce may implement temporary shall be canceled; b)Where it is necessary to continue implementing the control but inclusion inthe dual-use item export control list is not appropriate, the temporary control shall be c)Where long-term implementation of the control is necessary, it shall be Article 13Based on the need to safeguard nation