由 caicai8478 I. Definition and scope of sensitive goods
(1) China’s definition
Dual-use items (Export Control Law)
Nuclear, biological, chemical and other weapons of mass destruction related
High-tech products (such as semiconductors, aerospace)
Key mineral resources (rare earth, etc.)
(2) International standards (Wassenaar Arrangement, etc.)
List of dual-use goods and technologies
Weapons and related materials
Nuclear Suppliers Group control list
Missile Technology Control Regime list
II. Comparison of regulatory frameworks
China’s system
Legal basis: Export Control Law, Customs Law, Foreign Trade Law
Administrative agencies: Ministry of Commerce (Export Control Bureau), General Administration of Customs, State Administration of Science, Technology and Industry for National Defense
Licensing system: Export operator registration system + license management
List management: Export operator registration system + license management Release of the “Catalogue of Dual-Use Items and Technologies Import and Export License Management”
Major international mechanisms
Multilateral export control mechanisms: Wassenaar Arrangement, NSG, MTCR, etc.
US system: EAR (Department of Commerce), ITAR (State Council) dual-track system
EU system: EU Dual-Use Items Regulation (EC) 2021/821
Japanese system: Special licensing system of the Foreign Exchange and Foreign Trade Law
III. Analysis of key differences
Control standards
China: Based on national security and development interests (Article 2 of the Export Control Law)
International: Focus on non-proliferation and regional security (Wassenaar Arrangement core principles)
Technology classification
China: Independently formulate control lists (including some internationally sensitive technologies)
International: Coordinated control lists (common classification of 42 member states)
Licensing procedures
China: Formal review (20 working days ) + substantive review (extended by 60 days)
US: Classification review (BIS average approval time 45 days)
EU: General license (valid within the EU)
Compliance requirements
China: Encouraging clauses for internal compliance system
International: General requirement to establish ICP (internal compliance program)
IV. Convergence and Differences
Convergence direction
Both adopt list management mode
Establish end-user and end-use control
Strengthen cross-border law enforcement cooperation (such as China-US export control dialogue mechanism)
Significant differences
Chinese characteristics: Emphasis on “overall national security concept”
International system: More emphasis on multilateral coordination mechanism
Technical standards: China has stricter control in some areas (such as rare earth processing technology)
V. Improvement suggestions
Aspects that China can learn from
Establish a hierarchical management system for enterprises (similar to the US “trusted customer” program)
Add Strengthen participation in multilateral mechanisms (currently a member of NSG but not a member of WA)
Improve compliance incentives (refer to EU “Compliance Enterprise” certification)
Inspiration from international experience
Develop a “Chinese version” of ICP standards
Optimize cross-departmental collaboration mechanisms (similar to the US ECCN classification system)
Strengthen forward-looking regulation of emerging technologies (such as quantum technology, AI)
VI. Typical cases
Semiconductor equipment exports
China: Export licenses for gallium and germanium in 2023
International: ASML lithography machine exports are subject to dual constraints of Dutch national control + Wassenaar Arrangement
Rare earth exports
China: Implement total mining control + export quotas (WTO compliance disputes)
International: Mainly indirectly controlled through supply chain security mechanisms
Note: The data in this article is as of December 2023, and the specific implementation standards need to be revised in accordance with the latest regulations. In actual operations, it is necessary to combine HS codes with control lists for cross-verification. It is recommended that companies consult professional trade compliance consultants at the same time.