From 13 to 17 October 2020, the 22nd Session of the Standing Committee of the 13th National People’s Congress (“NPC”) deliberated on the third review draft (草案三次审议稿) of China’s Export Control Law (“ECL”) before its final passage into law on 17 October 2020. The ECL will come into effect on 1 December 2020. This is the first comprehensive and consolidated export control law in China. Prior to the law’s enactment, export controls were imposed via…
On 19 September 2020, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued the Regulations on Unreliable Entity List (“UEL Regulations”), which take effect on the same date. While MOFCOM has not named any specific foreign entity to be included on the Unreliable Entity List (“UEL”), the UEL Regulations set out the principles for the implementation of the UEL system as summarized below. What entities will be included in the UEL?…
On 28 June 2020, the 20th Meeting of the 13th National People’s Congress (“NPC”) Standing Committee of the People’s Republic of China (“PRC”) deliberated the second review draft of the Export Control Law (草案二次审议稿). This second review draft has now been published on the NPC webpage. Public comments on the latest draft may be submitted via the NPC website or postal mail from 3 July 2020 to 16 August 2020. Some key revisions from the…
The US Administration has taken a series of actions in recent days to tighten US export controls for Hong Kong and to sanction Chinese government officials in response to the decision of the Chinese Communist Party (“CCP”) to impose a new national security law for Hong Kong. Most significantly, these actions put Hong Kong on a par with China with respect to license exception eligibility under the US Export Administration Regulations (“EAR”) by suspending all…