Enacting this first-ever dedicated Export Control Law in 2020 demonstrates the latest efforts of China to enhance its export control regime. The new law effectively establishes a unified export control system that aims to safeguard China’s national security and interests while upholding other international obligations. What does the new law include and what are the consequences of violations? What are the recommendations for global trade compliance programs? Get the answers here.
Dual-use goods (items that can be used for both commercial and military purposes), military, and nuclear items.
Other items (with impact on China’s national security and interest, and on the performance of international obligations).
Goods, technology, services, and data that involve or otherwise relate to any of the controlled items.
Red flags in China's Export Control Law!
China's new Export Control Law encourages exporters to establish an internal compliance program (ICP) for export control compliance. With such an ICP in place, the governing authority and official regulators in China may grant licensing facilitation measures. This can include general export licenses for relevant controlled items.
Seasoned trade compliance specialists and companies versed in export controls may recognize such recommendations from other governing bodies’ guidelines. For example, the EU Guidance on Internal Compliance Programme (ICP) for dual-use trade controls or the US Framework for OFAC Compliance Commitments.
Software forms an integral part of such trade compliance programs and AEB’s Export Controls delivers powerful protection for your business. China’s new ECL is a new example for the increasing complexity of global export control landscapes. Don’t take any risks.
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Violating the new Export Control Law of China will result in penalties. And suspected violations of the ECL will result in investigative measures. Both penalties and investigations can only be imposed by authorized parties of the governing authorities, i.e. regulators of the new export control system in China. While non-compliance penalties and investigations will be imposed on exporters based in China (domestic and foreign), the law also stipulates extraterritorial application with impact on foreign organizations or individuals outside of China.
AEB's product expert
“Can your commercial items also be used for military purposes? Who is involved in your trade transactions from order to end-use? How will today’s sanctions update affect your deliveries across the globe tomorrow? Trade compliance covers a broad range of goods, services, data, and activities. Our Export Controls solution delivers peace of mind without slowing down your business.”