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我国出台出口管制法，自12月1日起施行my country promulgated an export control law, effective from December 1st
my country promulgated an export control law, effective from December 1st
The 22nd meeting of the 13th National People's Congress Standing Committee voted on the 17th to pass the Export Control Law, which will come into effect on December 1 this year. The law stipulates that if any country or region abuses export control measures to endanger China's national security and interests, China may take measures against that country or region based on actual conditions.
What are the contents of export control law enforcement?
Export control refers to the adoption of prohibitive or restrictive measures on the export of a specific item to control the subject or purpose of the item. The implementation of export control is an internationally accepted practice for fulfilling international obligations such as non-proliferation. At the moment, export control is becoming an important means of safeguarding national security and interests.
The export control law that China has just passed includes general rules, control policies, control lists and control measures, supervision and management, legal responsibilities, and a total of 49 articles in five chapters.
The law clarifies the scope of export control and ensures full coverage of controlled items, controlled subjects and behaviors. It stipulates: transfer of controlled items from inside China to abroad, and Chinese citizens, legal persons and unincorporated organizations providing controlled items to foreign organizations and individuals , Are bound by this law.
The law establishes export control lists, temporary controls and comprehensive controls. Provide for the export control list system, clarify that the national export control management department shall, in accordance with the export control policy, formulate, adjust and publish the export control list in conjunction with relevant departments, and clearly list the controlled items. To provide for a temporary control system, the national export control administrative department may issue an announcement to implement temporary control of goods, technologies and services not on the export control list. Provides a comprehensive control system. Items that are not included in the export control list or temporarily controlled, the export operator knows or should know, or has been notified by the national export control administration, that the relevant items may pose risks such as endangering national security and interests , Also implement export control.
The law also clarifies measures for extraterritorial application and reciprocal measures.
The first is to regulate the provision of export control information abroad, and it is clear that the provision of export control-related information abroad should be carried out in accordance with the law, and it may not be provided if it may endanger national security and interests.
The second is to provide for the necessary extraterritorial effects of this law, and clarify that organizations and individuals outside the country that violate the relevant export control regulations of this law, endanger China's national security and interests, and hinder the performance of international obligations such as non-proliferation, shall be dealt with in accordance with the law and be held accountable.
The third is to provide for reciprocal measures. If any country or region abuses export control measures to endanger China’s national security and interests, China may take reciprocal measures against that country or region based on actual conditions.
The formulation of the Export Control Law was included in the Legislative Plan of the Standing Committee of the 13th National People's Congress and the 2019 Legislative Work Plan of the Standing Committee of the National People's Congress. The draft law was submitted by the State Council to the Standing Committee of the National People's Congress for deliberation in December 2019, and was promulgated after the third review by the Standing Committee.
1. Pay close attention to developments related to export control
The acquisition of information is the first step in a timely response, and it can also reflect the enthusiasm of the company to respond. The "Export Control Law" contains export control lists, control lists, temporary controlled items, etc., which are announced and modified at any time. Relevant companies should conduct risk screening after obtaining relevant information in a timely manner. For example, for the situation where the above-mentioned fines may be the highest, “export operators conduct transactions with importers and end users included in the control list”, it is necessary for the relevant export enterprises to make business decisions in a timely manner after the control list is released and updated to avoid the law. Risks and responsibilities.
2. Establish and implement an internal export control compliance system as soon as possible
Relevant enterprises should pay attention to the relevant industry export control guidelines issued by the national export control administration in a timely manner, establish and improve internal export control compliance systems based on the guidelines, and conduct regular risk self-examination and assessment. Article 14 of the "Export Control Law" clearly stipulates that if an export operator has established an internal export control compliance system and the operation is in good condition, the national export control authority may grant general permits and other convenient measures for its export-related controlled items. What needs to be noted here is that it is not only necessary to establish a compliance system within the enterprise, but the most important thing is to achieve "good operation". The compliance system must be effectively implemented and implemented within the enterprise, not just on paper.