Sec. 3. State Department evaluation of China’s military-civil fusion strategy
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Not later than 30 days after the date of the enactment of this Act, the Secretary shall, in consultation with each agency that is represented by a member of the Operating Committee for Export Policy, complete a review of the implications of the military-civil fusion strategy of the People’s Republic of China (in this Act referred to as the PRC ) for the export control policy of the United States and for the national security of the United States, including a review of the following topics:
The exploitation of United States and allied technology and talent by the PRC to modernize the PRC’s military. Whether any entity in the PRC can be considered, in the context of United States national security and export control policy, a purely civilian entity. The reliability of end-use checks and end-use conditions for exports, reexports, and in-country transfers to entities that are located or headquartered in, or the ultimate parent company of which is headquartered in, the PRC.
The relationship between the PRC’s strategic technology sectors (such as artificial intelligence, semiconductor, quantum, robotics, biotechnology) and the PRC’s military. Whether the addition of any entity to the Military End-User List would address to any extent the national security risks posed by the military-civil fusion strategy of the PRC. Due diligence required by exporters to prevent the PRC’s military from accessing United States technology. Whether any change to United States export control policy would address to any extent the national security risks posed by the military-civil fusion strategy of the PRC.
Any other topic the Secretary determines is relevant for this review. Not later than 90 days after the date of the enactment of this Act, the Secretary shall consider proposing to the Export Administration Review Board (or any successor entity) any change to United States export control policy identified pursuant to the review required by subsection
(a), which may include— additions to the Military End-User List; changes to export control restrictions on certain military end uses; new rules or amendments to the Export Administration Regulations; a final rule pursuant to the proposed rule published in the Federal Register entitled End-Use and End-User Based Export Controls, Including U.S. Persons Activities Controls: Military and Intelligence End Uses and End Users (89 Fed. Reg. 60985 (July 29, 2024)); and any other policy the Secretary determines would address the national security risks posed by the military-civil fusion strategy of the PRC. The Board shall vote on the adoption of each change proposed pursuant to paragraph
(1)in the manner described in subsection (g)(2) of section 1754 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813 ), as added by section 2 . Not later than 150 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes the following: The review required by subsection
(a). Any proposed rule required by subsection
(b). Any change in United States policy approved by the Export Administration Review Board. Any recommended change to United States law that would help address the national security risks posed by the military-civil fusion strategy of the PRC.
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- 89 FR 60985
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Sec. 3
State Department evaluation of China’s military-civil fusion strategy
Fed. Reg.89 FR 60985
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