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ARTICLE · 28 FEBRUARY 2023

China Proposed Changes To The "Catalogue Of Technologies Prohibited And Restricted From Export"

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On December 30, 2022, the Ministry of Commerce of People's Republic of China ("MOFCOM") published the "Catalogue of Technologies Prohibited...

GlobalInternational Law

On December 30, 2022, the Ministry of Commerce of People's Republic of China ("MOFCOM") published the "Catalogue of Technologies Prohibited and Restricted from Export ('the Catalogue') (For Soliciting Public Comment)," proposing significant changes to the Catalogue.1 As discussed below, the proposed revisions would loosen controls in areas where "international technological cooperation" is desired, while tightening controls in areas where China may enjoy a technological advantage.

Background

China is generally considered to have two distinct export control regimes: (1) the regime pursuant to the Foreign Trade Law of People's Republic of China (last revised in 2022); and (2) the regime pursuant to the Export Control Law of People's Republic of China (promulgated in 2020). The Catalogue is an important export control list under the first regime.

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