China's Export Controls

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.

IV. Promoting International Exchanges and Cooperation

As an active participant, China prioritizes international exchanges and cooperation on export controls. It endeavors to boost mutual trust, ease doubts, increase mutual learning, strengthen international coordination, and promote trading in export-controlled items that is consistent with compliance requirements, so as to contribute to a more open and just regime for international export controls.

1. Conducting Bilateral Exchanges and Cooperation

Based on mutual respect, equality and mutual benefit, China engages in international exchanges and cooperation on export controls, in order to increase mutual trust through dialogue and consultation. These efforts reflect China's open and cooperative attitude, and facilitate win-win cooperation.

China promotes trading in export-controlled items that is consistent with compliance requirements. China has established inter-governmental mechanisms with various countries and regions to share experience and practices through government-to-government consultations and discussions and dialogues with business. China has also maintained communication with export control authorities in other countries to strengthen exchanges and cooperation. To build up mutual trust and cooperation, China has signed bilateral agreements with Russia and several other countries for mutual issuing of end-user and end-use certificates.

China is deeply involved in bilateral exchanges and cooperation on export controls and non-proliferation. China and the US have held multiple seminars on identifying export-controlled items to promote exchanges on enforcement skills. In nuclear non-proliferation, China has maintained consultations and exchanges with the US, Russia, the UK, France, Germany, and the EU to take resolute action against illegal activities through information exchanges and cooperation on enforcement. With respect to controlled chemicals, China has engaged in bilateral exchanges and cooperation with other States Parties under the framework of the CWC, and conducted end-user and end-use verifications in Germany, Spain, the Republic of Korea, Japan and other countries. China has established consultation mechanisms with more than ten countries at vice-ministerial and director-general levels on strategic security, arms control, and nonproliferation, which, as platforms for sharing non-proliferation experience and practices, have played a crucial role in increasing mutual understanding and cooperation.

In addition to inter-governmental cooperation, China also supports non-governmental exchanges and cooperation on export control. Chinese institutions such as the Chinese Academy of International Trade and Economic Cooperation of the Ministry of Commerce, the China Arms Control and Disarmament Association, the China Institute of Contemporary International Relations, and the China Nuclear Energy Association, have held non-governmental exchanges, conducted academic research, and engaged in international people-to-people interactions with research institutions of other countries. Through symposiums, forums and on-site visits, these institutions have increased mutual understanding and friendship with their foreign counterparts.