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11-12 December 1997
by Mr. Fu Cong
Department of Arms Control and Disarmament
Ministry of Foreign Affairs of China
It is a pleasure for me to attend this workshop on non-proliferation export control regimes. Non-proliferation is an international undertaking, which requires the common efforts of all countries. Exchanges of opinion and experience among experts and scholars from different countries will not only be conducive to the improvement of national export control systems, but will also help to put international efforts of non-proliferation on a healthier and sounder track.
Recently, in September and October this year, the Chinese Government promulgated two sets of regulations on export control, namely, the Regulations on Nuclear Export Control and the Regulations on Export Control of Military Items. These regulations, together with the Regulations on Controlled Chemicals promulgated in December 1995 and the Regulations on the Control of the Nuclear-Related Dual-Use Items to be promulgated by Mid-1998 will form a comprehensive system of export control, which will put China's export control system on a legal and more standardized basis.
As a nuclear weapon country and a permanent member of the Security Council, it has been China's consistent position to oppose the proliferation of all weapons of mass destruction. China is a state party to the Treaty on the Non-Proliferation of the Nuclear Weapons (NPT), the Biological Weapons Convention (BWC) and the Chemical Weapons Convention (CWC) and has long been exercising strict control on the export of sensitive items and technology. In the past, export controls were instituted in the form of executive decrees. For a long historical period, when planned economy played a dominant role in China's national economy, this method of export control was consistent with out national conditions and proved to be effective. Situation has changed with the deepening of reform and opening up to the outside world and the rapid development of the socialist market economy. In order to meet the requirements of the new situation and as a concrete step towards the rule of law, the Chinese Government has promulgated and will continue to promulgate legally-binding regulations based on our consistent practice and policies.
Compared with the previous measures of control export, these regulations have the following features:
First, these regulations put into law the basic principles guiding China's policy on the export control of sensitive items and their related technologies. As a result, these regulations are more authoritative and have a wider scope of application than the executive decrees issued in the past.
Second, they are more in line with international common practice, adopting an export licensing system and commonly accepted export control lists.
Third, the regulations have delineated, in explicit terms, the rights and responsibilities of various government ministries, which will help reduce confusion in export control management.
Fourth, these regulations are more transparent and more operational, with clearly defined procedures of export application, examination and approval.
Finally, they have all laid down the administrative and criminal penalties in case of violation.
The following are the main contents of the regulations:
I. Regulations on Nuclear Exports Control
1. China's nuclear export policy is given legal effect in the Regulations. The Regulations stipulate that the State does not support, encourage, or engage in the proliferation of nuclear weapons, and does not assist other countries in the development of such weapons. Nuclear exports shall be limited to peaceful purposes only and shall be subject to International Atomic Energy Agency (IAEA) safeguards. Without the Chinese Government's consent, the recipient is not allowed to make any re-transfers to any third country. The State prohibits assistance to nuclear facilities not under IAEA safeguards, and does not allow nuclear exports or personnel or technological exchanges or cooperation with such facilities.
2. Before any nuclear export can be made, the Chinese Government must receive written assurances from the recipient government that the China-supplied nuclear materials, nuclear equipment, or non-nuclear materials used for reactors as well as the special fissile material produced through the use of these material and equipment will be put under the safeguards of IAEA, and will not be used for nuclear explosive purposes, and that without prior written approval by the China Atomic Energy Authority (CAEA), it will not transfer to a third party China-supplied nuclear materials, nuclear equipment or non-nuclear materials used for reactors as well as their related technologies. The recipient government also needs to pledge in written form to take appropriate measures to physically protect China-supplied nuclear materials.
3. Nuclear export is monopolized by companies designated by the State Council. No other company or individual is allowed to engage in such export. A licensing system is applied to the nuclear export by the State, i.e. an export license is needed for the export of any item or technology on the "Nuclear Export Control List". The control list is the same as the first part of the INFCIRC/254.
4. The State Atomic Energy Authorities 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 material, 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 should be consulted; when necessary, such export should be further reported to the State Council for approval. After approval, the MOFTEC will issue an export license.
5. If the recipient government should violate its commitments made under these regulations, or if there is an imminent danger of nuclear proliferation, the Chinese Government has the right to suspend such export.
II. Regulations on Export Control of Military Items
On October 22nd, the State Council and the Central Military Commission of China promulgated the Regulations on Export Control of Military Items. These Regulations will be effective as of January 1st, 1998. The main points are:
1. All military exports should be consistent with the following principles:
(a) they should be conducive to the enhancement of the legitimate
self-defensive capabilty of the recipient country;
(b) they should not jeopardize the peace, security and stability of the
regions concerned and the world as a whole;
(c) they should not be used for the interference in the internal affairs of
the recipient country.
2. A State Commission, under the joint leadership of the State Council and the Central Military Commission, is in charge of all the military exports of the country. The Commission has an administrative bureau as its executive organ, which is responsible for the supervision and administration of all military exports.
3. Military imports and exports are monopolized by the companies designated by the State Commission.
4. The licensing system is applied to the military exports. Export licenses are required for all military exports. The license is issued by the Administrative Bureau of the State Commission, either on its own or in consultation with other ministries of the government. In case of major military exports, the exports and their related contracts will be reviewed by the State Commission itself and will be submitted to the State Council and Military Central Commission for Approval.
III. Regulations on Controlled Chemicals
In December 1995, China's State Council promulgated the Regulations on Controlled Chemicals, and soon afterwards, the Ministry of Chemical Industry issued a Schedule of Chemicals based on the Regulations and the Schedules of chemicals contained in the Chemical Weapons Convention. The Regulations laid down strict controls on the production and transfer of the chemicals listed on the Schedule. The detailed rules for the implementation of the Regulations have also been promulgated. This has been a concrete step China has taken to implement the provisions of Chemical Weapons Convention. In pursuance of the Treaty, the Regulations divide the controlled chemicals into four categories: (a) chemicals that can be used as chemical weapons; (b) chemicals that can be used as precursors in the production of chemical weapons; (c) chemicals that can be used as main raw materials in the procuction of chemical weapons; and (d) discrete organic chemicals excluding explosives and hydrocarbons.
According to the Regulations, only companies designated by the Government can engage in the import and export of schedule I chemicals, and the import and export of schedules II and III chemicals and their production technologies and equipment. For an export of schedule I chemicals, a written assurance must be given by the recipient government that the imported chemicals will be used only for research, medical, pharmaceutical or protective purposes and will not be transferred to a third country. For an export of schedules II and III chemicals or their production technologies or equipment, the recipient government should guarantee in writing that the imported items will not be used for the production of chemical weapons or transferred to a third country.
These are the main contents of the regulations already promulgated by the Chinese Government. As I said at the beginning, this legislation process is still going on.
On October 16th, China joined the Zangger Committee as a full member. At the Committee, the permanent representative to UN office in Vienna, Ambassador Li Changhe, made a comprehensive statement on China's policy of nuclear export control. He also announced that relevant departments of China are stepping up their efforst 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 to 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.
In May, China's State Council issued a Circular on Strict Implementation of China's Nuclear Export Policy. This circular will help guarantee an effective control on the export of nuclear-related dual-use items before the required regulations are promulgated and put into practice.
To sum up, in order to meet the requirements of the new situation, the Chinese Government has taken and will continue to take a series of measures to further strengthen its export control mechanism. At the same time, Chinese Government is of the view that non-proliferation should not hamper the normal and legitimate technological co-operations among nations, or be used as an excuse for discrimination and even willful sanctions against developing countries. A small number of discriminatory and exclusive export control groups should be reformed or dismantled, if necessary, to be replaced by international arrangements reached on a fairer, more transparent and more representative basis.
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.
