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Regulations on Nuclear Export Control
11 September 1997
(FBIS translated text; translated from Chinese)
(edited by EANP staff for improved accuracy and readability)
ARTICLE 1
These regulations are formulated with the aim of strengthening controls on nuclear exports, safeguarding national security and public interests, and promoting international cooperation in the peaceful use of nuclear energy.
ARTICLE 2
The term nuclear exports used hereinafter refers to trading, gifts to and exhibitions in foreign countries, as well as scientific and technical cooperation with and assistance to foreign countries that involve nuclear materials, nuclear equipment, non-nuclear materials used for reactors, and other items as well as their related technologies, as listed in the attachment, entitled "Nuclear Exports Control List" (hereinafter referred to as "Control List"), to these regulations.
ARTICLE 3
The State shall carry out strict management and control of nuclear exports and shall strictly fulfil its international obligations on the nonproliferation of nuclear weapons it has undertaken.
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 are limited to peaceful purposes and are subject to International Atomic Energy Agency (IAEA) safeguards. Without the Chinese Government's consent, the recipient is not allowed to make transfers to a third country. The State prohibits assistance to nuclear facilities not subject to IAEA safeguards, and does not allow nuclear expports or personnel and technological exchanges and cooperation with such facilities.
ARTICLE 4
Nuclear exports shall follow the provisions of the relevant State laws and administrative decrees, and shall not jeopardize national security or public interests.
ARTICLE 5
The following principles shall be observed in examining and approving nuclear exports:
2. The recipient government pledges to take appropriate measures to physically protect China-supplied nuclear materials as well as the special fissile materials produced through the use of the nuclear materials;
3. The recipient government has concluded a valid safeguards agreement with the IAEA, promises to include in that agreement China-supplied nuclear materials, nuclear equipment, or non-nuclear materials used for reactors as well as special fissile materials produced through the use of the said nuclear materials and equipment, and accepts IAEA safeguards.
4. The recipient government pledges 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. If prior approval is given for the transfer, the third party that accepts the transfer shall undertake commitments corresponding to those of the recipient directly supplied by China.
Nuclear exports shall be handled by units designated by the State Council. No other units or individuals are permitted to handle nuclear exports.
ARTICLE 7
To export items listed on the "Control List" and their related technologies, it is necessary to apply to the CAEA, fill in the nuclear export application form, and submit the following documents:
2. The identification of the applicant's legal representative, the primary executives and the administrators who are entrusted with nuclear exports;
3. Duplicate copy of the contract or agreement;
4. Analysis report on the nuclear materials or non-nuclear materials used for reactors;
5. Certificate of the final end-user;
6. Certificate of pledge by the recipient as required by Article 5 of these regulations;
7. Any other documents requested by the examining authorities.
Applicants shall truthfully fill out the nuclear export application form. The nuclear export application form shall be centrally designed and printed by the CAEA.
ARTICLE 9
If changes are to be made to the items entered in the nuclear export application form, the applicant shall promptly submit revisions, or resubmit the export application. Applicants who cancel nuclear exports shall promptly withdraw their export applications.
ARTICLE 10
Within 15 working days after receiving the nuclear export application form and the documents required by Article 7 of these regulations, the CAEA shall submit an appraisal and notify the applicant. If approval is given after the appraisal, the following procedures shall be followed, according to different circumstances:
2. Export of nuclear equipment or non-nuclear materials used for reactors as well as their related technologies shall be forwarded to the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) for review, or the Ministry shall jointly review the case with COSTIND.
Under special circumstances, if the CAEA, COSTIND, as well as MOFTEC need to extend the appraisal or review period, they can extend it for another 15 working days. But they shall notify the applicant of such an extension.
ARTICLE 11
In handling a nuclear export application that may impact national security, public interests, or foreign policy, the CAEA, COSTIND, as well as MOFTEC shall, during their appraisal or review, consult with the Ministry of Foreign Affairs. If necessary, they shall submit the case to the State Council for examination and approval.
Cases submitted to the State Council for examination and approval shall not be subject to the time limit stipulated in Article 10 of these regulations.
ARTICLE 12
For nuclear export applications that have been approved through the appraisal and review process as stipulated in these regulations, MOFTEC shall issue a nuclear export permit.
ARTICLE 13
Bearers of a nuclear export permit who change the items and related technologies on the original export application form shall return the original permit, and follow the provisions of these regulations to file a new application to obtain a nuclear export permit.
ARTICLE 14
Upon issuance of the nuclear export permit, MOFTEC shall notify the CAEA in writing.
ARTICLE 15
Before a designated nuclear exporter carries out the nuclear export, it shall submit the nuclear export permit to Customs, comply with Customs procedures as stipulated in the Customs Law, and be subject to Customs' supervision and control.
ARTICLE 16
If the recipient or its government violates the pledge made pursuant to the provisions of Article 5 of these regulations, or if there is any danger of nuclear proliferation, MOFTEC, working jointly with the related departments under the State Council, shall have the right to make the decision to suspend the export of related items or technologies. MOFTEC shall notify Customs in writing of such a decision.
ARTICLE 17
Those who violate the provisions of these regulations in exporting nuclear materials, nuclear equipment, non-nuclear materials used for reactors, or their related technologies, thereby constituting a crime, shall be held accountable for their criminal responsibilities according to the law; cases that do not constitute a crime shall be penalized according to the provisions of the Customs Law and the Law on Foreign Trade.
ARTICLE 18
Those who forge, alter, buy, or sell nuclear export permits shall be held accountable for their criminal responsibilities.
ARTICLE 19
Working personnel of the State's export control agencies who neglect their duties, commit fraud to seek private gain, or abuse their power, thereby constituting a crime, shall be held accountable for their criminal responsibilities; administrative disciplinary actions shall be taken against those whose actions do not constitute a crime.
ARTICLE 20
In light of the practical situation, the CAEA, together with COSTIND, MOFTEC, the Ministry of Foreign Affairs, the General Administration of Customs, and other departments, may update the "Control List" and submit it to the State Council for approval before implementation.
ARTICLE 21
If the event that certain provisions of an international treaty that the People's Republic of China signed or joined differ from those in these regulations, the provisions of the international treaty shall apply; however, this does not apply to articles for which the People's Republic of China has stated its reservations.
ARTICLE 22
These regulations shall go into effect on the day of issue.
[The "Nuclear Export Control List" was not included]
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.
