The State Council Information Office of the People’s Republic of China published a white paper titled “China’s Export Controls” on Wednesday.
Following is the full text of the white paper:
China’s Export Controls
The State Council Information Office of the People’s Republic of China
December 2021
First Edition 2021
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 high-quality 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 non-discriminatory 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 non-proliferation 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 non-proliferation 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 non-proliferation, 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 wellbeing, 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 Dual-use 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 accordance 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 dual-use items, China has set up an inter-agency 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 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 non-proliferation, 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.
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 non-proliferation 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 non-proliferation 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 Asia-Pacific 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.
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.
Photo taken on Nov. 3, 2020 shows a view of the container dock of Shanghai’s Yangshan Port, east China.(Photo: Xinhua)
