China issues its first white paper on export control

2021-12-29

The Information Office of the State Council issued a white paper on China's export control on the 29th. This is the first white paper on export control issued by China, which aims to comprehensively introduce China's position, system and practice of improving export control governance, and elaborate China's propositions and actions to maintain world peace and development, national security and international security. The white paper points out that today's world is experiencing major changes that have not been seen in a century, instability and uncertainty have increased significantly, the international security system and order have been impacted, and world peace is facing multiple challenges and threats. Fair, reasonable and non discriminatory export control plays an increasingly prominent role in effectively responding to international and regional security risks and challenges under the new situation and maintaining world peace and development. The white paper points out that all countries generally attach great importance to and actively promote export control, and strengthen and standardize export control through the establishment and implementation of legal systems. As a permanent member of the UN Security Council and the world's largest country in goods trade and manufacturing, China has always been improving its export control governance in accordance with the principle of safeguarding national security, world peace and regional security. According to the white paper, in the new era, China adheres to the overall concept of national security and more actively integrates into the process of economic globalization. China aims to better build a new open economic system at a higher level and build a safe China at a higher level, realize the benign interaction between high-quality development and high-level security, promote the modernization of the export control system, and make new development and achievements in export control governance. The white paper also points out that China considers responsibility from a global perspective, earnestly fulfils its international obligations, strengthens international exchanges and cooperation, actively participates in international coordination of export control with practical actions, promotes relevant international processes, and works with other countries to build a community with a shared future for mankind, which has injected positive energy into world peace and development. The full text of the white paper is more than 9000 words, which is composed of preface, body and conclusion. The text includes four parts: China's basic position on export control, continuously improving the legal system and management system of export control, continuously promoting the modernization of export control system, and actively carrying out international exchange and cooperation on export control. Export control refers to taking prohibitive or restrictive measures against the export of dual-use items, military products, nuclear and other goods, technologies, services and other items related to safeguarding national security and interests and fulfilling international obligations such as non-proliferation. It is a common international practice. The full text of the white paper on China's export control is as follows: China's export control (December 2021) The People's Republic of China Information Office of the State Council catalogue preface 1、 China's basic position on export control (1) Adhere to the overall concept of national security (2) Earnestly implement international obligations and commitments (3) Actively promote international cooperation and coordination (4) Resolutely oppose the abuse of export control measures 2、 Continuously improve the legal system and management system of export control (1) Establish and improve the legal system of export control (2) Build a coordinated and efficient export control management system 3、 We will continue to modernize the export control system (1) Optimize license management (2) Enhance law enforcement capacity (3) Promote compliance construction (4) Implementation of international obligations 4、 Actively carry out international exchanges and cooperation in export control (1) Carry out bilateral exchanges and cooperation (2) Strengthening multilateral dialogue and consultation Conclusion preface Export control refers to taking prohibitive or restrictive measures against the export of dual-use items, military products, nuclear and other goods, technologies, services and other items related to safeguarding national security and interests and fulfilling international obligations such as non-proliferation. It is a common international practice. Today's world is experiencing great changes that have not been seen in a century. Instability and uncertainty have increased significantly, the international security system and order have been impacted, and world peace is facing multiple challenges and threats. Fair, reasonable and non discriminatory export control plays an increasingly prominent role in effectively responding to international and regional security risks and challenges under the new situation and maintaining world peace and development. All countries generally attach great importance to and actively promote export control, and strengthen and standardize export control through the establishment and implementation of legal systems. As a permanent member of the UN Security Council and the world's largest country in goods trade and manufacturing, China has always been improving its export control governance in accordance with the principle of safeguarding national security, world peace and regional security. *** China aims to better build a new open economic system at a higher level and build a safe China at a higher level, realize the benign interaction between high-quality development and high-level security, promote the modernization of the export control system, and make new development and achievements in export control governance. China considers its responsibilities from a global perspective, earnestly fulfills its international obligations, strengthens international exchanges and cooperation, actively participates in international coordination of export control with practical actions, promotes relevant international processes, and works with other countries to build a community with a shared future for mankind, injecting positive energy into world peace and development. In order to comprehensively introduce China's basic position and policy propositions on export control and enhance the international community's understanding of China's export control, this white paper is hereby issued. 1、 China's basic position on export control As a responsible big country, China firmly upholds the international system with the United Nations as the core and the international order based on international law, earnestly maintains the authority of international treaties and mechanisms in line with true multilateralism, and actively promotes the development of international export control in the right direction of justice, rationality and non discrimination. (1) Adhere to the overall concept of national security In the era of economic globalization, the security of all countries is interrelated and affects each other. China has always adhered to the overall concept of national security, coordinated development and security, coordinated opening and security, coordinated traditional and non-traditional security, coordinated its own security and common security, coordinated the maintenance and shaping of national security, and worked hard to build an export control system commensurate with China's international status and national security and interests. China advocates that all countries should innovate security concepts and establish a common, comprehensive, cooperative and sustainable global security concept. In particular, major countries should fulfill their obligations as major countries, show their responsibility, promote international common security in the field of export control and jointly build a community of common destiny for mankind with universal security. (2) Earnestly implement international obligations and commitments Maintaining international peace and fulfilling international obligations such as non-proliferation are China's solemn commitments. China has actively fulfilled its international obligations, widely learned from international practices, and vigorously strengthened and improved the construction of the export control system. China firmly opposes the proliferation of all forms of weapons of mass destruction and their means of delivery, and has formed an export control system under the guidance of the export control law, covering dual-use items, military products, nuclear and other goods, technologies, services and other items related to safeguarding national security and interests and fulfilling international obligations such as non-proliferation. (3) Actively promote international cooperation and coordination In today's world, countries are increasingly becoming a community of common destiny. The more we face global challenges, the more we should cooperate to deal with them. China stands for the proper settlement of differences and disputes through international coordination and cooperation and multilateral mechanisms, so that all countries can become partners of mutual trust and equal cooperation. At present, the reform of the global governance system is at a historical turning point. China advocates that the international coordination of export controls should effectively increase the representation of emerging market countries and developing countries, better realize the equality of rights, opportunities and rules in international cooperation, more evenly reflect the wishes and interests of most countries, and jointly create peace, stability, equality and mutual trust An international environment of win-win cooperation. (4) Resolutely oppose the abuse of export control measures No country or region should abuse export control measures, unreasonably implement discriminatory restrictive measures, promote double standards on the issue of non-proliferation, and even promote the tendency of multilateral mechanisms related to export control to be discriminatory and exclusive. The Treaty on the non proliferation of nuclear weapons, the Convention on the prohibition of the development, production and stockpiling of Bacteriological (biological) and toxin weapons and on their destruction (hereinafter referred to as the biological weapons convention), the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction (hereinafter referred to as the Chemical Weapons Convention) )And a series of resolutions of the United Nations General Assembly and the United Nations Security Council have stipulated to ensure that all countries fully share the right to peaceful utilization without discrimination. China maintains that export control should abide by the principles of fairness, reasonableness and non discrimination, should not harm the legitimate rights and interests of other countries in the peaceful use of export controlled items, and should not set obstacles to the peaceful use of scientific and technological progress achievements for development, normal international scientific and technological exchanges and economic and trade cooperation, and the safe and smooth operation of the global industrial chain supply chain. China calls on all countries to effectively manage and control risks and threats related to export control and create a security environment conducive to economic and social development. At the same time, they should actively promote the inclusive sharing of scientific and Technological Development and continuously improve the well-being of all mankind. 2、 Continuously improve the legal system and management system of export control China adheres to the basic strategy of comprehensively ruling the country according to law. Based on China's national conditions and drawing on useful foreign experience, China has constantly improved the legal system of export control, improved the export control management system, and provided rule of law and institutional guarantee for export control. (1) Establish and improve the legal system of export control Since the reform and opening up, the internal and external environment of China's economic development has undergone profound changes, the socialist market economic system has been continuously improved, and the legalization level of export control has been continuously improved. Since the 1990s, China has promulgated six administrative regulations, including the regulations on the administration of MCCs, the regulations on nuclear export control, the regulations on the administration of military exports, the regulations on the export control of dual-purpose nuclear goods and related technologies, the regulations on the export control of missiles and related items and technologies, and the regulations on the export control of dual-purpose biological goods 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 Defense Science, technology and industry, the State Atomic Energy Agency, the equipment development department of the Central Military Commission and other relevant departments have issued dozens of departmental rules and relevant normative documents to refine the provisions on export control matters, including specific provisions on specific items, licensing management and law enforcement supervision Relevant documents for the implementation of relevant resolutions of the United Nations Security Council, etc. In October 2020, China promulgated the export control law, which clearly stipulates the export control system, control measures and international cooperation, and uniformly establishes the basic institutional framework and rules for export control policies, control lists, temporary controls, control lists and supervision and management. On the basis of summarizing China's practical experience in export control, the export control law is a law governing China's export control work, which is formulated according to the changes of the situation, draws lessons from international common practices and improves the legislative level. It makes comprehensive arrangements for China's export control system to ensure that the custody of controlled items, applicable subjects and control links are fully covered. Since the promulgation of the export control law, in order to ensure the effective implementation of various systems, the national export control administration has actively carried out the work of "establishing, changing and abolishing" relevant supporting laws and regulations and departmental rules to ensure export

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Xinhua

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