China’s Export Control Law took effect on December 1, 2020, after its passage by the Standing Committee of the National People’s Congress on October 17, 2020. The law unified controls over dual-use, military, and nuclear technologies and introduced extraterritorial jurisdiction provisions and a mechanism for reciprocal countermeasures.
As analyzed by Hogan Lovells, NPC committee members specifically referenced quantum communication and 5G technologies during review sessions when considering the scope of controlled items. The law established a “Control List” for designating foreign entities subject to export restrictions, analogous to the U.S. Entity List.
Under Article 2, the law’s definition of controlled exports included the provision of controlled items by Chinese citizens, legal persons, and organizations to foreign entities, similar to the “deemed export” concept in U.S. export regulations. Only ten months elapsed between the law’s first review in December 2019 and its passage.