Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The Export Control Law of the People's Republic of China was adopted by the Standing Committee of the 13th National People's Congress on 17 October 2020 (Presidential Order No. 58) and entered into force on 1 December 2020. Comprising 5 chapters and 49 articles, it establishes the unified statutory framework governing China's export-control regime over dual-use items, military items, nuclear items, and other goods, technologies, services, and data whose export could affect national security or China's non-proliferation obligations. The law introduces comprehensive licensing requirements, end-user and end-use certification, deemed-export and re-export controls with extraterritorial reach, a Controlled Entities List (CEL) with matching-entity restrictions, and substantial criminal and administrative penalties — and it is the parent statutory authority under which every China export-control implementing instrument in the IPTM register operates.

MOFCOM Order No. 4 of 2020, issued and effective 19 September 2020, establishes the Unreliable Entity List (UEL / 不可靠实体清单) regime — China's primary countermeasure framework for designating foreign companies, organisations, and individuals that are deemed to endanger Chinese national sovereignty, security, or development interests, or that apply discriminatory measures against Chinese entities in violation of normal market principles. The UEL inter-ministerial Working Mechanism, administered through MOFCOM, may impose restrictions or prohibitions on the designated entity's China-related import/export activities, investment in China, and entry or stay of senior personnel in China, as well as fines. Promulgated under the Foreign Trade Law of the PRC and the National Security Law of the PRC, the Provisions serve as the statutory parent for every UEL designation announcement since 2023, and operate as the structural peer of the US BIS Entity List / OFAC SDN architecture and the simultaneously promulgated Anti-Foreign Sanctions Law framework.

Effective 17 August 2020 (published in the Federal Register 20 August 2020, Vol. 85 No. 162, FR Doc 2020-18213), BIS implemented three simultaneous measures targeting Huawei's global supply chain. First, 38 non-U.S. affiliates of Huawei Technologies Co., Ltd. were added to the Entity List with the most restrictive license review policy (presumption of denial) and designated under footnote 1, extending the Huawei-specific Foreign-Produced Direct Product Rule (FDPR) to their operations. Second, the Temporary General License (TGL), which since May 2019 had authorized limited ongoing transactions with Huawei (network maintenance, software updates, standards participation), was allowed to expire on 13 August 2020 and replaced with a narrower authorization. Third, BIS expanded the scope of the Huawei FDPR (General Prohibition Three) to cover foreign-produced items when a footnote 1 entity is a party to any transaction or when the item will be used in the production or development of products for any footnote 1 entity, closing the design-house loophole that had allowed TSMC to supply HiSilicon/Kirin chips as long as Huawei was not the direct importer.