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at the Meeting of the Zangger Committee
16 October 1997
[Chinese Text]
Mr. Chairman,
I am very pleased to attend this meeting of the Zangger Committee to represent China as its full member for the first time. China supports the general goals of the Committee, appreciates the positive role the Committee has played in preventing nuclear proliferation, and stands ready to conduct regular consultations with other member countries of the Committee with issues of nuclear non-proliferation and export control with a view to making joint efforts to prevent proliferation of nuclear weapons.
Mr. Chairman,
The recently concluded 15th national Congress of the Communist Party of China has reiterated that economic development is the focus in the work of the whole Party and the whole nation, and emphasized that China's modernization drive requires a long-term peaceful international environment. Therefore, China will continue its pursuit of an independent foreign policy of peace, and work for maintaining regional and global peace, stability and prosperity. To prevent weapons of mass destruction of all descript
As a member of the International Atomic Energy Agency and State Party to the Non-Proliferation Treaty, China adheres to the policy that it does not advocate, encourage or engage in proliferation of nuclear weapons nor assist other countries in developing nuclear weapons. For many years the Chinese Government has exercised strict and effective control over nuclear and nuclear-related export, including exchanges of personnel and information, and has abided by the following three principles: 1) serving peaceful purposes only; 2) accepting IAEA safeguards; 3) forbidding transfer to any third country without China's consent. With regard to any nuclear export, the recipient government is always requested to provide to the Chinese side an assurance in writing to acknowledge the above three principles and the export can proceed only after approval by relevant Chinese authorities.
In actual implementation, China has always administered nuclear export and nuclear cooperation through a management which combines laws, regulations and administrative decrees. The State Council and the competent authorities of various industries have laid down strict and specific regulations on nuclear export and nuclear cooperation, and strictly prohibit any exchange of nuclear weapons related technology and information with other countries. Such management falls in line with China's national conditions and has proved effective in practice.
Mr. Chairman,
Along with the deepening of the reform and opening-up and the gradual development from the planned economy to a socialist market economy, the Chinese Government has in the recent period of time taken a series of positive measures on the basis of the existing management to further strengthen and improve the mechanism for nuclear export control. Our efforts in this regard are still going on. The following is my detailed introduction in this regard.
I. In May 1997, the State Council of China promulgated the Circular on Strict Implementation of China's Nuclear Export Policy, which provides that the nuclear materials, nuclear equipment and related technology, as well as non-nuclear materials for reactors, and nuclear-related dual-use equipment, materials and relevant technologies on China's export list must not be supplied to or used in nuclear facilities not under IAEA safeguards. No agency or company is allowed to conduct cooperat
II. The Circular also provides that in conducting the above-mentioned trade or activities in nuclear facilities with a non-signatory to NPT, any Chinese agency or company should seek prior confirmation from the State Atomic Energy Authority whether or not the nuclear facilities in question are under IAEA safeguards and ask for in advance certificate of end-use from competent authorities of the recipient government and an assurance that the equipment so imported or cooperation so conducted will not be transferred to nuclear facilities not under safeguards. In case of no nuclear facilities are involved, competent authorities of the recipient government are required to provide in advance a reasonable and reliable end-use certificate for the equipment so imported or cooperation so conducted will not be transferred to nuclear facilities not under safeguards. Such export or activities of cooperation can not proceed until confirmation and approval are granted by China's Ministry of Foreign Affairs, Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and the State Atomic Energy Authority with regard to the above-mentioned certificates. Annexed to the Circular is the control list of dual-use items which is identical to Part II of INFCIRC 254. The promulgation of the above regulations has guaranteed China's effective control on nuclear-related dual-use items before the promulgation of relevant laws and regulations on the export control of such items.
III. The Circular has been formulated by China's State Council as empowered by the Constitution and is legally binding. All the departments concerned should comply with it and the supportive detailed rules for implementation will be formulated, no unit, companies or laboratories can be excepted.
IV. In order to transform relevant policies and regulation into law, China's State Council promulgated last September the Regulations on Nuclear Export Control, establishing in the form of law the three principles governing China's nuclear export and the policy not provide assistance to nuclear facilities not under safeguards.
1. The Regulations provide that nuclear export is monopolized by units designated by the State Council. No other [unit] or individual is allowed to engage in such export. A licensing system is applied to the nuclear export by the State, i.e. all the items and their technologies on the "Nuclear Export Control List" should apply for an export license. The control list is the same as Part I of the INFCIRC 254.
2. The Regulations provide that the State Atomic Energy Authority shall examine nuclear export applications. If the approved application involves nuclear materials, it shall be referred to the Commission of Science, Technology and Industry for National Defense for re-examination; if it involves other materials, it shall be referred to the MOFTEC for re-examination. Any nuclear export which has a bearing on state security, social and public interests or foreign policy, the Ministry of Foreign Affairs sho
3. The Regulations provide that if the recipient government should violate its commitment made under these Regulations, or if there is an imminent danger of nuclear proliferation, the department concerned of the Chinese Government has the right to suspend such export.
4. The Regulations provide that any violation of the Regulations is liable to punishment by law.
The Regulations are not only distributed and made known to all the relevant units through regular channels, but also published by the People's Daily which ahs the largest circulation in China and other newspapers and periodicals so as to ensure the broadest possible public awareness. On September 15, the spokesman of the Foreign Ministry of the Chinese Government made a special statement to comprehensively and authoritatively expound the policy of the Chinese Government on the issue of nuclear non-proli
V. Relevant departments of China are stepping up their efforts to complete the export control regulations on the nuclear-related dual use items. The control list of the regulations will be the same as Part II of INFCIRC 254 on dual use items. The export of all the items on the list will be subject of strict examination procedures. In addition, if the relevant department of the Government has reason to believe that the export of some item may possibly cause nuclear proliferation, even though the item may not be listed, the department concerned has the right to ban or suspend such an export. The regulations will be completed by mid-1998.
The promulgation and implementation of the above-mentioned regulations will basically systemize China's laws on nuclear export.
Mr. Chairman,
The prevention of nuclear proliferation is a long and arduous task which calls for the joint efforts of the international community. At the same time, the Chinese side wishes to emphasize that the prevention of nuclear proliferation should in no way affect or hinder the normal nuclear cooperation for peaceful uses among countries, let alone be used as an excuse for discrimination and even application of willful sanctions against developing countries. The prevention of nuclear proliferation and peaceful
Thank you, Mr. Chairman.
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
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MIIS.
