China plans to legislate to investigate criminal liability for items prohibited from export control by exporting countries

A draft of the Export control Law was submitted to the standing Committee of the 13th National People's Congress (NPC) for the third time for deliberation Wednesday. The draft stipulates that those who, in violation of relevant regulations, export items under control that are prohibited from export by the state or export items under control without permission, shall be investigated for criminal responsibility according to law.

In order to implement the overall national security concept, some members of the STANDING Committee of the National People's Congress, organizations and members of the public suggested that the attributes and functions of the export control Law in safeguarding national security and interests should be further strengthened in such specific systems and rules as temporary control, comprehensive control, export licensing of controlled items, and control list. After deliberation, the Constitution and Law Committee of the NPC suggests that this opinion be adopted.

The draft stipulates that this Law is applicable to the export control of dual-use items, military products, nuclear and other goods, technologies and services related to safeguarding national security and interests and fulfilling international obligations such as non-proliferation.

The draft also stipulates that the state implements a military export monopoly system. Business operators engaged in military export shall be qualified for military export monopoly and shall engage in military export activities within the approved business scope. The military export monopoly shall be examined and approved by the state administrative department for military export control.

Some units and the public suggested that the administrative departments of export control should issue guidelines on the construction of the internal compliance system of export control to help enterprises establish and improve the internal compliance system. After studying, the Constitution and Law Committee of the NPC proposed to amend Paragraph 4 of Article 5 of the second review draft as follows: The state administrative department of export control shall timely issue guidelines for export control in related industries, guide exporters to establish and improve the internal compliance system of export control and standardize their business operations.