An Analysis of the Export Control Law from the Angle of National Security and Interests

(By Wang Haichua)The Export Control Law adopted by the Standing Committee of the National Congress on 17 October 2020 took effect on 1 December 2020. The aim of this law to accord paramount status to national security and interests was reflected in its official version and the process of its amendment in its formulation procedures. This article is an analysis of this law from the angle of national security and interests.

1.National security and interests up to the highest status

Article 1 of the Export Control Law provides that the aim of making this law is to protect national security and interests, perform the international duty of non-proliferation and strengthen export control. The second draft published in July 2020 changed the order of the phrases “protect national security and interests” and “perform the international duty of non-proliferation” so that the former came before the latter. In contrast with the second draft, in Articles 2, 9 and 10 of the official version the phrase “protect national security and interests” comes before the phrase “perform the international duty of non-proliferation”. The amendments are aimed to align the clauses with Article 1 and reflect the top aim of making the law to protect national security and interests.


China Laws and Regulations Update in June 2020

1.The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

Promulgated by the Standing Committee of the National People’s Congress

Promulgation date: 30 June 2020

Implementation date: 1 July 2020

Document number: No.49 President Order

The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region consists of six chapters, i.e. General Principles, Duties, Bodies, Offenses and Penalties, Jurisdiction, Applicable Law and Procedure, Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region and Supplementary Provisions, including altogether 66 articles. This is an comprehensive law containing articles of substantive, procedural and organization laws.


New Changes in Export Control Rules of China

(By Wang Haichuan)The new Export Control Law of China (the “Draft”) was published for public comments on December 28, 2019. This is the first law on export control in China. Export control means measures taken to prohibit or restrict the export of certain items such as nuclear, biological products or weapons in order to fulfill international obligations such as non-proliferation obligation, national security and development interests, etc. Currently, there are administrative regulations of export control on chemicals, general nuclear items, nuclear items used for multi-purpose, missiles, military products, biological products (the “Current Regulations”). Compared with the Current Regulations, the Draft makes no change in the current regulatory mechanism and allocation of responsibility and duties, appropriately improves the system and measures and fills blanks in laws. This article will focus on the changes in export control and their possible impact on companies doing business in China.