Regulations of the People's Republic of China on Export Control of Dual-Use Items

The administrative regulation implementing the Export Control Law for dual-use items: adopted at the State Council's 41st executive meeting on 18 September 2024, promulgated by Decree No. 792 on 30 September 2024, and in force from 1 December 2024. Article 1 makes it subordinate to the Export Control Law. Article 2 defines dual-use items and, expanding on the statute, defines export control to reach not only commercial export but also gifts, exhibition, cooperation, aid and transfer by other means. Article 4 assigns responsibility for dual-use export control to the State Council commerce department (MOFCOM) under the national export-control coordination mechanism, with provincial commerce departments able to act under delegation. Article 6 requires MOFCOM to issue compliance guidance and pushes exporters and their freight, e-commerce-platform and financial service providers towards internal compliance systems. Like the parent statute, it names no material.

The instrument that sits between the 2020 statute and the 2023-2025 announcements, and the reason those announcements are administered by MOFCOM rather than by another body. Two features matter for reading the later measures: the widened definition of export in Article 2, which captures non-commercial transfers, and the compliance obligations pushed onto logistics, platform and financial intermediaries in Article 6 — both are conditions the 2025 extraterritorial measures assume rather than restate.