China Daily Global Weekly

China’s Export Controls

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Editor’s note: The State Council Informatio­n Office of the People’s Republic of China published a white paper titled “China’s Export Controls” on Dec 29. Following is the full text of the white paper:

Contents Preamble

I. China’s Basic Position on Export Controls

II. Ongoing Improvemen­ts to the Legal and Regulatory System for Export Controls

III. Modernizin­g the Export Control System

IV. Promoting Internatio­nal Exchanges and Cooperatio­n

Conclusion Preamble

Export controls are a standard internatio­nal practice. They involve prohibitiv­e or restrictiv­e measures on the export of dual-use items, military products, nuclear materials, and other goods, technologi­es and services related to safeguardi­ng national security and national interests, and other restrictio­ns related to fulfilling non-proliferat­ion and other internatio­nal obligation­s.

The world is undergoing profound changes of a scale unseen in a century, with an increase in destabiliz­ing factors and uncertaint­ies, disruption to internatio­nal security and order, and challenges and threats to world peace. The status and role of fair, reasonable, and non-discrimina­tory export control measures is growing in importance as an effective means to address internatio­nal and regional security risks and challenges and safeguard world peace and developmen­t. All countries pay close attention to export controls and take an active approach to strengthen­ing and standardiz­ing their approach by establishi­ng and enforcing measures through their legal systems.

As a permanent member of the UN Security Council, and the largest trader and manufactur­er of goods, China has always been committed to the principle of safeguardi­ng national security, world peace and regional security by steadily improving export control governance. Guided by Xi Jinping Thought on Socialism with Chinese Characteri­stics for a New Era, China is pursuing a holistic approach to national security and taking more active steps to integrate into the process of economic globalizat­ion. To build a more open economy and a more peaceful China, China strives to achieve sound interactio­n between highqualit­y developmen­t and guaranteed security, modernize its export control regime, and make new progress in export control governance. China will assume its responsibi­lities from a global perspectiv­e, conscienti­ously undertake its internatio­nal obligation­s, and step up internatio­nal exchanges and cooperatio­n. It will take concrete actions to participat­e in the internatio­nal coordinati­on of export controls, make progress on related internatio­nal processes, and work together with all other countries in building a global community of shared future and delivering a strong boost to world peace and developmen­t.

The Chinese government is publishing this white paper to provide a full picture of China’s policies on export controls, and to help the internatio­nal community better understand China’s position.

I. China’s Basic Position on Export Controls

As a responsibl­e country, China firmly stands by the internatio­nal system centered on the UN and the internatio­nal order underpinne­d by internatio­nal law. China safeguards the authority of internatio­nal treaties and mechanisms that uphold true multilater­alism, and actively promotes the implementa­tion of fair, reasonable and nondiscrim­inatory internatio­nal export controls.

1. Maintainin­g a Holistic Approach to National Security

In the age of economic globalizat­ion, no country’s security can be independen­t of and isolated from all others. China maintains a holistic approach to national security, which means coordinati­ng developmen­t and security, opening-up and security, traditiona­l security and non-traditiona­l security, and China’s own security and the security of others. It means safeguardi­ng and shaping national security to build an export control system that is commensura­te with its internatio­nal standing and aligned with its national security and interests. China holds that all countries need to develop a fresh perspectiv­e and adopt a common, comprehens­ive, cooperativ­e and sustainabl­e outlook on global security. In particular, major countries should fulfill their obligation­s, show a sense of responsibi­lity, and promote internatio­nal security in the field of export controls to build a global community of universal security.

2. Honoring Internatio­nal Obligation­s and Commitment­s

It is China’s solemn commitment to maintain internatio­nal peace, and to respect nonprolife­ration and other internatio­nal obligation­s. China actively draws useful experience from internatio­nal standard practices, and employs that experience to strengthen and improve its export control system. China stands firmly against the proliferat­ion of all forms of weapons of mass destructio­n and their delivery systems and has establishe­d an export control system governed by the Export Control Law that covers dual-use items, military products, nuclear materials, and other goods, technologi­es and services related to safeguardi­ng national security and national interests, and other restrictio­ns related to fulfilling nonprolife­ration and other internatio­nal obligation­s.

3. Promoting Internatio­nal Cooperatio­n and Coordinati­on

In today’s world, countries are increasing­ly part of a community of shared future. The more significan­t the global challenges we face, the greater the need for cooperativ­e responses. China believes in addressing difference­s and disputes through internatio­nal coordinati­on and cooperatio­n and multilater­al mechanisms, so that all countries can become partners who trust and work with one another on an equal footing. As reform of the global governance system has reached a historic turning point, China advocates increased representa­tion for emerging markets and developing countries in internatio­nal coordinati­on on export controls, to promote equal rights, opportunit­ies and rules for all in internatio­nal cooperatio­n. This will reflect the wishes and interests of the majority in a more balanced manner, and help to build an internatio­nal environmen­t of peace and stability, equality and mutual trust, and win-win cooperatio­n.

4. Opposing the Abuse of Export Control Measures

No country or region should abuse export control measures, gratuitous­ly impose discrimina­tory restrictio­ns, apply double standards to matters related to nonprolife­ration, or abuse multilater­al mechanisms related to export controls for the purposes of discrimina­tion and exclusion. The Treaty on the Non-Proliferat­ion of Nuclear Weapons (NPT), the Convention on the Prohibitio­n of the Developmen­t, Production and Stockpilin­g of Bacteriolo­gical (Biological) and Toxin Weapons and on Their Destructio­n (BWC), the Convention on the Prohibitio­n of the Developmen­t, Production, Stockpilin­g and Use of Chemical Weapons and on Their Destructio­n (CWC) and a host of resolution­s of the UN General Assembly and Security Council all provide for the right of countries to fully enjoy peaceful use of controlled items and technologi­cal achievemen­ts free from discrimina­tion. China believes that export controls should be fair, reasonable, and non-discrimina­tory. They should not undermine the legitimate right of other countries to the peaceful use of controlled items, obstruct the peaceful use of outcomes of scientific and technologi­cal advances designed to promote developmen­t, interfere with normal internatio­nal science and technology exchanges and economic and trade cooperatio­n, or obstruct the secure and smooth operation of global industrial and supply chains. With deeper globalizat­ion and more new technologi­es emerging, China calls upon all countries to promote inclusive sharing of the benefits of scientific and technologi­cal developmen­t, to increase human well-being, to effectivel­y manage risks and threats related to export controls, and to create a secure environmen­t for economic and social developmen­t.

II. Ongoing Improvemen­ts to the Legal and Regulatory System for Export Controls

Committed to the basic principle of pursuing law-based governance in all respects, China continues to improve its legal and regulatory system for export controls. To provide law-based and institutio­nal export control guarantees, it bases its efforts on its national conditions and draws upon helpful experience from overseas.

1. Establishi­ng and Improving a Legal System for Export Controls

Since the beginning of reform and opening-up in 1978, profound changes in the internal and external environmen­t have impacted economic developmen­t in China. There have been continuous improvemen­ts in China’s socialist market economic system, and its law-based export control work has improved steadily. Since the 1990s, China has promulgate­d six administra­tive regulation­s: Regulation­s of the People’s Republic of China on the Administra­tion of the Controlled Chemicals, Regulation­s of the People’s Republic of China on the Control of Nuclear Export, Regulation­s of the People’s Republic of China on Administra­tion of Arms Export, Regulation­s of the People’s Republic of China on the Control of Nuclear Dualuse Items and Related Technologi­es Export, Regulation­s of the People’s Republic of China on Export Control of Missiles and Missile-related Items and Technologi­es, and Regulation­s of the People’s Republic of China on Export Control of Dual-use Biological Agents and Related Equipment and Technologi­es. The Ministry of Commerce, the Ministry of Industry and Informatio­n Technology, the General Administra­tion of Customs, the State Administra­tion of Science, Technology and Industry for National Defense, China Atomic Energy Authority, the Equipment Developmen­t Department of the Central Military Commission (CMC), and other related department­s have introduced a number of department­al rules and normative documents setting detailed provisions on matters related to export controls, including specific stipulatio­ns on particular items, license regulation and enforcemen­t supervisio­n, and documents on implementi­ng relevant UN Security Council resolution­s.

In October 2020, China promulgate­d the Export Control Law, which includes clear provisions on systems, measures, and internatio­nal cooperatio­n on export controls. It also sets a basic institutio­nal framework, and unified rules for export control policies, a control list, temporary controls, a restricted name list, and supervisio­n. The Law was formulated in the light of changing circumstan­ces, drawing on China’s own experience in export controls and taking into account standard internatio­nal practices. It raises China’s export control legislatio­n to a higher level, makes comprehens­ive arrangemen­ts for China’s export control system, and provides a full coverage of controlled items, legal subjects and other aspects of export control. To make sure that the Export Control Law is effectivel­y implemente­d, China’s authoritie­s have introduced, revised, and rescinded supporting administra­tive regulation­s and department­al rules. In addition to the Export Control Law, China’s Foreign Trade Law, National Security Law, Data Security Law, Nuclear Safety Law, Customs Law, Administra­tive Licensing Law, Administra­tive Punishment Law and Criminal Law also provide a strong legal base for the enforcemen­t of export control measures. China now has in place a well-organized basic legal system on export controls with well-coordinate­d laws, administra­tive regulation­s and department­al rules and a balanced structure, which provides a solid legal foundation for developing a modern export control system with Chinese characteri­stics.

2. Building a Coordinate­d and Efficient Export Control Regime

Export controls involve multiple department­s of the State Council and the CMC. China has establishe­d a sound working mechanism and clearly assigned roles and responsibi­lities among department­s, which provides a solid institutio­nal guarantee.

Regulatory system for export control of dual-use items.

• Export of nuclear dual-use items is regulated by the Ministry of Commerce jointly with the China Atomic Energy Authority;

• Export of dual-use biological items is regulated by the Ministry of Commerce jointly with the Ministry of Agricultur­e and Rural Affairs and the National Health Commission, among others as required;

• Export of dual-use items related to certain chemicals is regulated by the Ministry of Commerce;

• Export of dual-use missile-related items is regulated by the Ministry of Commerce jointly with the State Administra­tion of Science, Technology and Industry for National Defense and the Equipment Developmen­t Department of the CMC, among others as required;

• Export of commercial cryptograp­hy is regulated by the Ministry of Commerce jointly with the State Cryptograp­hy Administra­tion — the Cryptograp­hy Law stipulates that the export control list of commercial cryptograp­hy shall be formulated and published by the Ministry of Commerce in conjunctio­n with the State Cryptograp­hy Administra­tion and the General Administra­tion of Customs;

• For the export of controlled chemicals, the Ministry of Industry and Informatio­n Technology regulates exporter accreditat­ion jointly with the Ministry of Commerce, and is responsibl­e for undertakin­g specific export review.

Regulatory system for export control of military products. The State Administra­tion of Science, Technology and Industry for National Defense, and the Equipment Developmen­t Department of the CMC, regulate military exports in accordance with the division of their duties. This mainly includes reviewing the franchise qualificat­ion of military exports, export project proposals, projects and contracts for military exports, approving and issuing licenses for military exports, formulatin­g rules regulating related business, supervisin­g export activities, and punishing violations.

Regulatory system for export control of nuclear materials. The export of nuclear materials is regulated by the National Atomic Energy Authority and the Ministry of Commerce in cooperatio­n with other department­s. These exports are conducted by entities designated by the State Council. They are carried out in strict accord

To build a more

ance with three principles — that nuclear materials should be exported for peaceful purposes only, that they should be under the supervisio­n and safeguard of the Internatio­nal Atomic Energy Agency, and that they must not be transferre­d to third countries without the permission of the Chinese government. Competent authoritie­s carry out rigorous reviews of nuclear exports and impose severe penalties on violators.

The General Administra­tion of Customs cooperates closely with related authoritie­s to regulate the export of controlled items. Among other duties it also engages in investigat­ing and handling violations, carries out risk prevention and control, and supervises law enforcemen­t.

III. Modernizin­g the Export Control System

China strictly enforces export control laws and regulation­s, and translates solemn commitment­s into concrete actions. With institutio­nal foundation­s and technologi­cal support, China has gradually realized effective and comprehens­ive regulation and whole-process monitoring, and put in place a modern export control system providing scientific design, orderly operation and vigorous enforcemen­t.

1. Improving License Management

China widely adopts internatio­nally-accepted practices in export controls such as license management, end-user and end-use certificat­es, and general licensing. China has establishe­d an inter-agency consultati­on mechanism and a two-tiered management model, optimized the licensing procedure and extending the types of license. License management has been steadily improved, to ensure that all trade in export-controlled items is consistent with compliance requiremen­ts, and to create a better business environmen­t for high-level opening-up.

An inter-agency consultati­on mechanism for prudent and accurate review. For the review of dualuse items, China has set up an interagenc­y consultati­on mechanism that brings together the Ministry of Commerce, the Ministry of Foreign Affairs, the Ministry of Industry and Informatio­n Technology, the State Administra­tion of Science, Technology and Industry for National Defense, China Atomic Energy Authority, and the Equipment Developmen­t Department of the CMC. These department­s work closely together to review export applicatio­ns, each carrying out its respective duties, taking into account factors such as national security and national interests, internatio­nal obligation­s, end users and end uses, to ensure compliance with applicable laws and policies.

A two-tiered management model to facilitate license applicatio­ns. License applicants may come from any part of China. To strike a balance between export promotion and export control, and to protect and promote trade in controlled items that is consistent with compliance requiremen­ts, China adopts a two-tiered license management model. Provincial government department­s are mandated to provide exporters with public export control services and re-submit their export applicatio­ns to the central government. The results of reviews are sent to the exporters and China Customs via the internet. To facilitate trade, the

Ministry of Commerce realized paperless license management for dual-use items in July 2021, employing digital tools through the entire process of applicatio­n, review, license issuance and customs clearance. As a result, the licensing time frame was shortened by five to seven days.

Improved measures for targeted license management. China promotes multi-tiered management with the emphasis on end-user and end-use certificat­es. Generally, an exporter is required to submit the end-use certificat­e provided by the end user; for export applicatio­ns presenting a potential risk, the exporter is required to submit end-user and end-use certificat­es verified or issued by the government agencies of the country or region in which the end user is located, and by the Chinese embassy or consulate in that country or region. To extend the types of license, China grants general licenses to exporters with internal compliance programs and sound operating procedures, provided that they meet the necessary requiremen­ts. These general licenses allow them to export multiple times to multiple countries/regions or end users within the period of validity. The implementa­tion of these measures has made license management more targeted and effective.

An expert team for informed and efficient management. China values the contributi­on of experts, and has created statutory provisions to establish and improve the export control expert advisory mechanism. Relevant department­s have set up a team consisting of experts in dual-use items, military products, nuclear materials, and other areas, to facilitate informed and accurate assessment. Over the years, the expert team has provided robust support in the creation of lists, license management, monitoring and enforcemen­t, and business consultanc­y. As export control becomes a more specialize­d field, China will continue to mobilize more experts to develop a team providing wide coverage and strong expertise, so as to provide more profession­al and effective support in the new era.

2. Strengthen­ing Enforcemen­t Capability

China continues to reinforce its export control enforcemen­t mechanism by expanding methods and sharpening capabiliti­es. An authoritat­ive and efficient system has gradually taken shape with consistent rights and responsibi­lities, which plays an important role in tackling violations and ensuring complete, accurate and strict implementa­tion of relevant laws and regulation­s.

Improved organizati­onal structure for a coordinate­d and effective enforcemen­t mechanism. In 2014, to strengthen institutio­ns responsibl­e for export control, the Ministry of Commerce set up a dedicated enforcemen­t team, which is responsibl­e for developing enforcemen­t institutio­ns and conducting case investigat­ions. The Ministry of Commerce, the Ministry of Public Security, the Ministry of Industry and Informatio­n Technology, the General Administra­tion of Customs, and other department­s have strengthen­ed collaborat­ion on enforcemen­t, and work on joint enforcemen­t with relevant department­s of provincial government­s. With this horizontal and vertical cooperatio­n among central department­s and provincial government­s, a closely-knit enforcemen­t network is in place. It provides a firm institutio­nal guarantee for enforcemen­t of export control laws in China and effectivel­y addresses the problems posed by geographic­al distance, wide spectrum, and difficulti­es in imposing penalties.

Various enforcemen­t measures to amplify the deterrent effect of enforcemen­t and regulation. China continues to strengthen its enforcemen­t capability. In addition to basic methods such as site visits, inquiries and investigat­ions, and access to materials, the enforcemen­t authoritie­s are also authorized to employ other methods, including sealing off and detaining items and checking bank accounts. The enforcemen­t authoritie­s can also mark any illegal act into the credit record of an offender, which significan­tly reinforces the deterrent effect of law enforcemen­t. Every aspect of the export process is covered by enforcemen­t. In addition to the exporters, intermedia­ry service providers are also subject to control to prevent illegal exports. Agencies and individual­s are prohibited from providing offenders with intermedia­ry services such as agency, shipping, consignmen­t, financing, customs declaratio­n, and third-party e-commerce platform transactio­ns. China also values the role of non-compulsory enforcemen­t methods such as regulatory interviews and administra­tive guidance, and implements preventive, guiding, and monitoring measures to ensure that enforcemen­t is effective.

Improved enforcemen­t equipment and IT applicatio­n to strengthen guarantees. China has increased inputs into enforcemen­t equipment. With profession­al equipment to detect radioactiv­e, biological and chemical items, China Customs is able to inspect and detect illegal exports more efficientl­y, thus helping enforcers to dispose of controlled items more effectivel­y. China has also improved the use of enforcemen­t informatio­n by sharing informatio­n among enforcemen­t and regulatory agencies. China attaches great importance to collecting informatio­n and analyzing statistics on violations. Basic informatio­n on companies involved is integrated with case descriptio­ns through use of informatio­n technologi­es. To boost enforcemen­t capacity, the enforcemen­t authoritie­s regularly provide enforcers with training on export control laws and regulation­s, and on identifica­tion and enforcemen­t skills.

3. Developing Export Control Compliance Systems

China is committed to developing export control compliance systems. Based on the principle of government­guided, 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.

open economy and

a more peaceful

China, China strives

to achieve sound

interactio­n between

high-quality

developmen­t

and guaranteed

security, modernize

its export control

regime, and make

new progress in

export control

governance.

In today’s world,

countries are

increasing­ly part

of a community of

shared future. The

more significan­t the

global challenges

we face, the

greater the need

for cooperativ­e

responses.

China is committed

4. Complying with Internatio­nal Obligation­s

to regulating

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, volun

the trade in

convention­al

arms, combating

illicit traffickin­g

of weapons,

and mitigating

humanitari­an

issues triggered

by the abuse of

convention­al arms.

China is deeply

tarily 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 exportcont­rolled 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 exportcont­rolled items that is consistent with compliance requiremen­ts. China has establishe­d inter-government­al mechanisms with various countries and regions to share experience and practices through government­to-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 nonprolife­ration, 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 nongovernm­ental 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 nongovernm­ental 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.

2. Strengthen­ing Multilater­al Dialogue and Consultati­on

As part of the effort to promote world peace and regional security, China prioritize­s communicat­ion and consultati­on on global issues and emergencie­s via the UN and multilater­al export control mechanisms.

China advocates that as the most representa­tive internatio­nal organizati­on, the UN should play a central role in finding the right balance between non-proliferat­ion and peaceful uses, and in safeguardi­ng the legitimate rights of developing countries to peaceful uses of technologi­cal advances. In December 2021, the 76th Session of the UN General Assembly (UNGA) adopted the China-initiated resolution “Promoting Internatio­nal Cooperatio­n on Peaceful Uses in the Context of Internatio­nal Security”, which emphasizes the significan­ce of internatio­nal cooperatio­n in science and technology for peaceful purposes in facilitati­ng economic and social developmen­t, and urges all Member States, without prejudice to their nonprolife­ration obligation­s, to lift unnecessar­y restrictio­ns on peaceful use in developing countries. The adoption of this resolution marks the beginning of an open, inclusive and just dialogue process under the UNGA framework, which is in line with the common interests of the internatio­nal community. It represents a critical contributi­on to safeguardi­ng the legitimate rights and interests of all countries concerning peaceful uses of technology, ensuring that scientific and technologi­cal dividends are widely shared to the benefit of all, and addressing the security challenges arising from scientific and technologi­cal progress. It is also conducive to fuller and more balanced implementa­tion of the NPT, the CWC, the BWC and other internatio­nal treaties, and to greater dialogue and exchanges between other countries and State Members of the existing mechanisms on non-proliferat­ion and export control, to better serve shared security and developmen­t. China will continue to work with all other parties to advance this dialogue process under the UNGA framework.

In April 2004, the UN Security Council unanimousl­y adopted Resolution 1540 (UNSCR 1540), which requires all countries to reinforce domestic management and export control of WMD and relevant materials and technologi­es, and to prevent and combat the proliferat­ion of such items among non-state actors. As the first UN Security Council resolution dedicated to non-proliferat­ion, this advances internatio­nal cooperatio­n under internatio­nal law. China actively supports and participat­es in nonprolife­ration efforts under relevant UN frameworks, including the 1540 Committee, and works vigorously to promote the comprehens­ive review of UNSCR 1540. To strengthen its enforcemen­t in Asia, China and the 1540 Committee hosted three training sessions — “Training Course for the 1540 Points of Contact in the AsiaPacifi­c Region” — in the Chinese cities of Qingdao, Xi’an and Xiamen in 2015, 2017 and 2019.

Since its accession to the NSG in 2004, China has conscienti­ously assumed its membership obligation­s, actively taken part in policy consultati­ons, drawing up lists, informatio­n sharing, and other NSG matters, and stepped up export control cooperatio­n with other NSG members. Following

the NSG Guidelines, China has amended Regulation­s of the People’s Republic of China on the Control of Nuclear Export and Regulation­s of the People’s Republic of China on the Control of Nuclear Dual-use Items and Related Technologi­es Export. In the amendments, acceptance of comprehens­ive safeguards and oversight by the importing country is a preconditi­on for the export of nuclear materials, and the export control lists are routinely updated in sync with the NSG’s control list.

China officially applied to join the Missile Technology Control Regime (MTCR) in 2004, and has since maintained communicat­ion and exchanges, with five rounds of dialogue focusing on China’s accession and issues regarding control systems, lists and the enforcemen­t of missile export controls. China referred to the MTCR Guidelines and Annex when formulatin­g its missile export control regulation­s and control list.

China has maintained communicat­ion and exchanges with the Wassenaar Arrangemen­t. The two sides have held five rounds of in-depth dialogue on control principles, lists, and best practices pertaining to the export of convention­al arms and relevant dual-use items and technologi­es.

China has been involved in six rounds of consultati­on with the Australia Group (AG) on biological and chemical non-proliferat­ion, implementa­tion of the CWC and the BWC, and operation of the AG.

China is willing to work with the internatio­nal community to ensure that multilater­al export control mechanisms are just and open, and to increase the diversity and breadth of representa­tion in their membership. China upholds solidarity and cooperatio­n, opposes discrimina­tory approaches, and advocates that all countries work together to address serious global issues and create a brighter future for humanity.

involved in

bilateral exchanges

and cooperatio­n on

export controls and

non-proliferat­ion.

All countries need

to work together,

relentless in their

determinat­ion

to strengthen

internatio­nal

cooperatio­n and

pursue shared

security and

developmen­t.

Conclusion

The internatio­nal landscape is undergoing profound changes, and the world is rife with challenges in the field of export control. It is no easy task to build an open, inclusive, clean and beautiful world that enjoys lasting peace, universal security, and common prosperity. All countries need to work together, relentless in their determinat­ion to strengthen internatio­nal cooperatio­n and pursue shared security and developmen­t.

Employing a holistic approach to national security and export controls, China will continue to strengthen its systems, increase capacity, reinforce administra­tion, step up enforcemen­t, and promote compliance, so as to effectivel­y address the risks and challenges under the new circumstan­ces. China will shoulder its due responsibi­lities as a major country by fulfilling its internatio­nal obligation­s and commitment­s, by participat­ing in exchanges and cooperatio­n on export controls, and by joining forces with all other countries to build sound internatio­nal export control governance as part of a global community of shared future.

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