Working with items imported from China

Recently, China has started unifying her various export controls laws creating a unified export control system: the “Export Control Law” to promote China's national security and interests and commitment to non-proliferation. The Export Control Law takes effect on December 1, 2020.

Thus far, China has set out a framework with many key details still unclear. As far as we are currently aware, the law is broad enough to mirror US export controls in that there could be conditions imposed on staff/students upon receiving China-controlled exports. What is certain is that Chinese export control law apply extraterritorially – organisations and individuals shall be held legally accountable for non-compliance.

Although a centralised Chinese control list has yet to be produced, we know that the export of Chinese controlled items is restricted as well as the export of non-controlled items if they are linked to terrorism, weapons of mass destruction (WMD) and/or Chinese national interest/security. A consequence of this law could mean an increase in requests to complete end-use and end-user certifications (which only authorised University staff can sign) for receiving Chinese export controlled tangible and intangible goods (information/data).

It is currently unclear how this law would affect exports from Taiwan, Hong Kong and Macau.

Once further specifics are released, the ECC Team will be able to inform, guide and support staff/students who could be affected.