The final version of the long-awaited Export Control Law of the People’s Republic of China (the “ECL”) was passed and enacted on October 17, 2020 after submission for review and discussion at the 22nd session of the Standing Committee of the 13th National People’s Congress (“NPC”) of the People’s Republic of China (“PRC”). The ECL will become effective on December 1, 2020.
Before the ECL, there was no centralized export control law and China’s export control rules were littered through the Foreign Trade Law (NPC, Nov. 7, 2016), the Customs Law (NPC, Nov. 5, 2017), the Criminal Law (NPC, Nov. 4, 2017) and a few administrative regulations. Given that the ECL consists of only 49 articles and the implementation regulations thereunder are still to be promulgated, we expect that these aforementioned laws and regulations will serve as reference in the interim.
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