域外管辖迈出坚实一步 技术出口管制趋于完善

Core Points - The Chinese Ministry of Commerce has implemented export controls on certain rare earth items and related technologies to safeguard national security and interests, distinguishing these measures from the misuse of export controls by certain countries [1][3] Group 1: Export Control Measures - The announcements No. 61 and 62 of 2025 extend export controls on specific rare earth items manufactured abroad, building on previous measures to prevent circumvention by third countries [3] - The scope of controlled items includes 13 specific rare earth metals or alloys, as well as technologies related to rare earth mining, which are classified as "specific dual-use items" originating from China [3][5] - The Ministry of Commerce emphasizes a cautious and restrained approach to exercising extraterritorial jurisdiction, aiming to avoid disruption of international supply chains while minimizing compliance burdens for businesses [2][3] Group 2: Comparison with International Practices - The export control regulations in China are characterized by specificity and are only activated upon request from the Ministry of Commerce, contrasting with the broader and more automatic nature of U.S. regulations [2][4] - The U.S. export control framework includes concepts like "de minimis" and "foreign direct product rules," which are more expansive and can create significant compliance challenges for companies [2][4] - Other countries, such as Japan and South Korea, have also implemented stringent export controls on technology, reflecting a global trend towards enhancing export control measures [4][5] Group 3: Technical Export Controls - The recent measures signify a shift in China's approach to dual-use technology export controls, marking the beginning of practical enforcement of "deemed exports" [5][6] - The Ministry of Commerce has introduced detailed templates for license applications, indicating a more refined process for reviewing technology exports [6] - Current requirements for technology export controls are specifically focused on rare earth-related technologies, with potential for future expansion to other technology sectors as conditions evolve [6]