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The Regulations of the People’s Republic of China on Export Control of
Dual-Use Nuclear Goods and Related Technologies
17 June 1998
Beijing, 17 June 1998 (Xinhua) –
State Council Decree No. 245 of the
People's Republic of China:
The "Regulations of the People's Republic
of China on Export Control of Dual-Use Nuclear Products and Related
Technologies," approved at the State Council's fourth executive meeting on 1
June 1998, are hereby promulgated for enforcement.
[Signed] Premier Zhu Rongji
[Dated] 10 June 1998
Article I
These regulations are drawn up for the
purpose of tightening control over the export of dual-purpose nuclear goods and
correlated technologies, preventing the proliferation of nuclear weapons,
promoting international cooperation on the peaceful use of nuclear energy, and
safeguarding national security and public interests.
Article II
The phrase -- export of dual-purpose
nuclear goods and correlated technologies -- used in these regulations refers to
the commercial export of equipment, materials, and correlated technologies,
which are listed in the annex of these regulations -- the "Export Control
Inventory of Dual-Purpose Nuclear Goods and Correlated Technologies" (referred
to as "Control Inventory" below); as well as the acts of giving them to foreign
countries as gifts, exhibiting them, and using them for scientific-technological
cooperation and assistance programs.
Article III
The state exercises strict control over
the export of dual-purpose nuclear goods and correlated technologies, and
strictly abides by the international obligations it undertakes of not
proliferating nuclear weapons.
Article IV
The export of dual-purpose nuclear goods
and correlated technologies shall abide by the relevant state laws and
administrative regulations as well as the rules of these regulations; and it
shall not jeopardize national security and public interests.
Article V
The state implements the system of
licensing the export of dual-purpose nuclear goods and correlated technologies.
Article VI
The licensing of the export of
dual-purpose nuclear goods and correlated technologies shall abide by the
following guidelines:
(1) The recipient side guarantees not to
use the dual-purpose nuclear goods and correlated technologies from China for
conducting nuclear explosions;
(2) The recipient side guarantees not to
use the dual-purpose nuclear goods and correlated technologies from China on
nuclear facilities not safeguarded and supervised by the International Nuclear
Energy Agency; and
(3) The recipient side guarantees not to
transfer to a third party the dual-purpose nuclear goods and correlated
technologies from China.
Article VII
Operators engaged in exporting
dual-purpose nuclear goods and correlated technologies shall register at the
Ministry of Foreign Trade and Economic Cooperation [MOFTEC]. No unregistered
unit or individual may export dual-purpose nuclear goods and correlated
technologies. MOFTEC shall draw up specific registration procedures.
Article VIII
To export dual-purpose nuclear goods and
correlated technologies listed in the "Control Inventory," an application shall
be submitted to the MOFTEC. In addition to filling in the Dual-Purpose
Nuclear Goods and Correlated Technologies Export Form (referred to as Export
Application Form below), the following documents shall also be submitted:
1. Papers certifying the identities of the
applicant's legal representative and principal operator, as well as the person
who handles the application;
2. A copy of contract or agreement;
3. The manual that explains the
dual-purpose nuclear goods and correlated technologies;
4. Certificate of the terminal purchaser;
5. Vouchers prescribed in Article 6; and
6. Other documents MOFTEC requires.
Article IX
If the dual-purpose nuclear goods and
correlated technologies to be exported are goods and technologies for exhibition
overseas, or for China's own use overseas and will be shipped back to China
within a prescribed period, the documents prescribed in Article 8 may be
exempted with MOFTEC concurrence.
Article X
The applicant shall fill in the Export
Application Form factually. MOFTEC prints the Export Application Form uniformly.
Article XI
MOFTEC, beginning from the day it
receives the Export Application Form and documents prescribed in Article 8,
shall work with the National Nuclear Energy Agency, or with the agency and
relevant State Council departments -- and also with the Ministry of Foreign
Affairs if foreign policy is involved -- to review the application and make a
decision of approving or disapproving the application within 45 working days.
Article XII
For the export of dual-purpose nuclear
goods and correlated technologies that have a major impact on national security,
public interests, and foreign policy, MOFTEC shall refer the application to the
State Council for approval. Cases referred to the State Council for approval are
not subjected to the time limit restraint prescribed in Article 11 of these
regulations.
Article XIII
For the application for exporting
dual-purpose nuclear goods and correlated technologies that has been reviewed
and approved, MOFTEC shall issue it a License for the Export of Dual-Purpose
Nuclear Goods and Correlated Technologies (to be called license below), and
notify the customs administration in writing.
Article XIV
In case the license sponsor has to change
the dual-purpose nuclear goods and correlated technologies he had applied for
export, he shall return the license that has been issued, and apply a new
license according to the rules in these regulations.
Article XV
While exporting dual-purpose nuclear
goods and correlated technologies, the exporter shall show the license to the
customs office, process the necessary formalities according to the Customs Law,
and accept the customs office's supervision.
Article XVI
If the recipient side violates the
guarantees it has made according to Article 6 of these regulations, or should
nuclear proliferation risks appear, MOFTEC, after consulting with the Ministry
of Foreign Affairs and the National Nuclear Energy Agency, shall terminate or
revoke the license that has been issued, and notify the customs office in
writing for action.
Article XVII
With the State Council's approval,
MOFTEC, working with relevant State Council departments, may make an ad hoc
decision of exercising control over the export of specific dual-purpose nuclear
goods and correlated technologies not listed in the Control Inventory. The
export of specific dual-purpose nuclear goods and correlated technologies
prescribed in the clause above shall be licensed according to rules of these
regulations.
Article XVIII
Anyone who exports dual-purpose nuclear
goods and correlated technologies in violation of these regulations, and whose
conduct constitutes a crime, shall have his criminal responsibilities
investigated according to the law; or punished according to the regulations of
the Foreign Trade Law and Customs Law if the conduct does not constitute a
crime.
Article XIX
Anyone who counterfeits, alters, buys, or
sells an export license shall have his legal liabilities investigated according
to the law.
Article XX
State functionaries in charge of control
over the export of dual-purpose nuclear goods and correlated technologies shall
have their criminal responsibilities investigated according to the law if their
conduct of neglecting their duties, playing favoritism, committing
irregularities, or abusing their authority constitutes a crime; and if their
conduct does not constitute a crime, they shall be disciplined according to the
law.
Article XXI
MOFTEC may work with the National Nuclear
Energy Agency and relevant State Council departments to adjust the Control
Inventory according to actual circumstances and report the adjustments to the
State Council for approval.
Article XXII
If international treaties which the PRC
has signed, or has acceded to, have different provisions that differ from these
regulations, the provisions in the international treaties shall apply, except
for those provisions for which the PRC had stated reservation.
Article XXIII
These regulations become effective upon
promulgation. (Export Control Inventory of Dual-Purpose Nuclear Goods and
Correlated Technologies omitted)
[Description of source: Beijing Xinhua
Domestic Service in Chinese --
China's official news service (New China
News Agency)]
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
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
