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Jon Cowley

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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?…

China governs the import and export of technology under the Regulations for the Administration of the Import and Export of Technology (“Technology Regulations”), the Measures for the Administration of Technologies Prohibited or Restricted from Import, and the Measures for the Administration of Technologies Prohibited or Restricted from Export. The Technology Regulations and related measures are separate and distinct from other China regulatory regimes that currently govern the import and export of dual-use items and encryption…

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…