The Draft of a New Export Control Law of the PR China in the Context of Foreign Trade Law of the U.S., the E.U. and Germany: Practical Prospects for Supply Chains

Abstract

This essay discusses the essential provisions stipulated in the draft of a new Export Control law published by the Ministry of Commerce of the People’s Republic of China on 16 June 2017 and compares them to the export control law of the USA, the European Union and Germany. The provisions of the draft could likewise address European and German Enterprises, which aim at re-exporting goods with Chinese origin as pre-products or final products. The draft assigns wide administrative discression to the export authorities. When deciding over an export license request, the economic development interests of the PR of China are to be taken into consideration as an expressly regulated criterion. Within the international foreign trade legislation, this is a novelty.