export-controls 06 January 2022

China: export controls are part of ‘holistic’ view of national security

In late December, China’s Ministry of Commerce (‘MOFCOM’) published a white paper on export controls, which explains in its pre-amble that export controls are one aspect of its ‘holistic’ approach to national security and that,

‘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…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.’

In terms of practical steps, the document says that China will take ‘improved measures for targeted license management’, and that the government ‘promotes multi-tiered management with the emphasis on end-user and end-use certificates.’

And, it says, it ‘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.’

In a section on ‘Opposing the Abuse of Export Control Measures’, it says,

‘No country or region should abuse export control measures, gratuitously impose discriminatory restrictions, apply double standards to matters related to non-proliferation, or abuse multilateral mechanisms related to export controls for the purposes of discrimination and exclusion… 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.’

https://mp.weixin.qq.com/s/6IkwbHDbgs8g0MjLLGZwQw