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China's Export Control Decrees and Regulations
Prior to the release of new regulations and control lists in 2002, China's export control system related to nuclear, nuclear-related dual-use, military, and chemical items consisted mainly of a list of executive decrees (called circulars) and legislative regulations. These decrees and regulations were based on the 1994 Foreign Trade Law. When China had a closed, non-market planned economy, it relied primarily on the issuance of decrees for export controls. As the economy opened up, there was an increasing need for legally-binding regulations in order to implement and enforce export controls. Another important factor was the international pressure placed on Beijing, particularly from the United States, to improve China's export control system. The regulations published in 2002, along with the nuclear regulations published in 1998, have moved China's export controls from administrative to legal controls. The new regulations differ from the past decrees in that they:
(1) create a legal framework for China's arms control commitments (e.g. NPT, Zangger, CWC);
(2) are consistent with accepted international practices, including national licensing systems and control lists (China's new regulations closely follow multilateral export control regimes, like the MTCR, Australia Group and Nuclear Suppliers Group, although Beijing has not joined these regimes);
(3) give an outline of the government ministries and organizations responsible for implementing and enforcing the regulations (the roles of some organization remain unclear, although the recent regulations have given the Ministry of Commerce more power to enforce controls);
(4) are more transparent and more clearly defined than past decrees (although certain aspects of process remain vague); and
(5) contain penalties for violations.
While serious questions still remain about Beijing's implementation of its new export controls and some lingering loopholes, China's most recent regulations and control lists have gone a long way in improving China's ability to meet its nonproliferation commitments. As part of this development, China's 26 January 2004 formal application for membership in the Nuclear Suppliers Group, along with its decision to pursue joining the MTCR, demonstrates Beijing's increasing willingness to participate in export control on both the domestic and international level. ["China applies to join Nuclear Suppliers Group," Xinhua via China Daily, 27 January 2004; "China to Join Missile Technology Control Initiative," Kyodo World Service, 12 February 2004 in FBIS JPP20040212000139.]
| DATE | REGULATION | DESCRIPTION/COMMENT |
| 19 Oct 2002 |
Measures on Export Control of
Certain Chemicals and Related Equipment and Technologies
Certain Chemicals and Related Equipment and Technologies Export Control List
|
The regulations and control list were
promulgated just prior to President Jiang Zemin's visit to the United States.
They were formulated in order to strengthen existing export controls for
dual-use agents and equipment. MOFTEC (later transformed into Ministry of Commerce) was given significant powers in 2002 export control laws. Catch-all provisions were included in these regulations as well as clearer guidelines for implementation and enforcement. The publishing of these Control Lists meant that China's export controls coincided with the Australia Group List |
| 15 Oct 2002 | Decision of the State Council and the Central Military Commission on Amending the PRC Regulations on Control of Military Products Export, issued on 15 October 2002) |
|
| 14 Oct 2002 |
Regulations of the People’s Republic of China on Export Control
of Dual-Use Biological Agents and Related Equipment and Technologies
Dual-Use Biological Agents and Related Equipment and Technologies Export Control List |
The regulations and control list were
promulgated just prior to President Jiang Zemin's visit to the United States.
They were formulated in order to strengthen existing export controls for
dual-use agents and equipment. MOFTEC (later transformed into Ministry of Commerce) was given significant powers in 2002 export control laws. Catch-all provisions were included in these regulations as well as clearer guidelines for implementation and enforcement. The publishing of these Control Lists meant that China's export controls coincided with the Australia Group List |
| 25 Aug 2002 |
Regulations on Export Control of Missiles and Missile-related Items and
Technologies
The Missiles and Missile-related Items and Technologies Export Control List
|
Coming during a trip to Beijing by
Deputy Secretary of State Richard Armitage, the regulations and their
corresponding control list moved closer to meeting the concerns the United
States had regarding China's missile exports controls. The regulations
reinforced the October 1997 regulations, while expanding the controls on series
of dual-use items. It is notable that the Regulations contain "catch-all"
provisions and the Control List corresponds closely with the MTCR Annex. The
Chinese Control List also follows the MTCR's "presumption of denial" approach.
According to Liu Jieyi, Director General of the MFA's Arms Control and Disarmament Department "The promulgation of the Regulations and the Control List marks a milestone in China's legal framework for export controls." |
| 28 June 2001 | Amended Nuclear Export Control List | Issued by COSTIND |
| 17 June 1998 | Regulations on Export Control of Dual-Use Nuclear Goods and Related Technologies | Long anticipated, these regulations were adopted
by the State Council to strengthen control over exports of dual-use nuclear
goods and related technologies in order to "prevent the proliferation of nuclear
weapons, promote international cooperation on the peaceful use of nuclear energy
and to safeguard national security and public interest." The regulations define
the terms "dual use nuclear goods and related technologies " in an annex called
the "Export Control Inventory of Dual-Purpose Nuclear Goods and Related
Technologies." MOFCOM (previously MOFTEC) serves as the administrator of
these regulations. All companies that want to export dual use nuclear goods and
related technologies must first register with MOFCOM and complete an export
application. MOFCOM then reviews the application in consultation with CNNC and
"relevant State Council Departments," including the MFA. If an application is
approved, then MOFTEC issues an export license. This process represents a change
from the September 1997 regulations which require the CAEA to take the lead in
administering the export controls.
These new regulations follow the exact same principles as China's September 1997 regulations on nuclear exports in terms of requiring IAEA safeguards, a peaceful-uses pledge and a retransfer prohibition. The dual-use regulations also include a "catch-all" clause that allows MOFCOM to cancel a sale at its discretion, as long as the State Council approves; the inclusion of this clause also goes beyond most other dual-use regulations such as those used by the Nuclear Suppliers Group. A violation of these regulations can trigger criminal penalties. These regulations are formally called State Council Decree No. 245 and were signed by Premier Zhu Rongji on June 10, 1998. |
| 14 June 1998 | Decree No. 1 of the State Petroleum and Chemical Industry Administration (regarding chemical export controls) | This decree expands the existing scope of China's chemical export regulations to include 10 dual-use chemicals that could be used to make chemical weapons. The 10 dual-use chemicals covered by this decree are listed on the Australia Group and thus represent an initial effort by China to adhere to that regime. |
| 22 October 1997
(took effect 1 January 1998) |
Regulations on Export Control of Military Items | The regulations stipulate that Chinese military exports are consistent with three principles: (1) assisting the recipient country's self-defense capability; (2) not damaging to regional or global stability; (3) non-interference in the recipient country's internal affairs. |
| 11 September 1997 | Regulations on Nuclear Export Control (dual-use items not included.) | Provide for tighter control over the sale of nuclear technology and non-nuclear equipment for use in reactors to other countries; the 22-clause regulations were approved by Premier Li Peng the same day on behalf of the State Council; the rules state that "the state will carry out strict management and control of nuclear exports and will strictly fulfil its international obligation not to spread nuclear weapons"; the rules require State Council approval for all such sales, and would prohibit the export of nuclear equipment, personnel, and technology to unsafeguarded nuclear facilities: the regulations state that "The government prohibits providing help to nuclear facilities not subject to the supervision of international atomic agencies and will not provide exports, personnel, technical exchange or cooperation to those facilities"; this rule means that China will require limited-scope--not full-scope--safeguards on its nuclear exports; countries importing Chinese nuclear technology would be prohibited from re-transfering the technology to third countries without approval from China's nuclear authorities, and the importing countries must guarantee that the technology will not be used to develop nuclear explosives. |
| 29 August 1997 | Circular on strengthened chemical export controls | China's Ministry of Chemical Industry (closed in March 1998), Ministry of Foreign Affairs, Ministry of Foreign Trade and Economic Cooperation (MOFTEC), and the General Administration of Customs (GAC) jointly issued a circular strengthening controls of chemical-related exports; the circular stated that chemical-related imports and exports must only be handled by corporations authorized by the Ministry of Chemical Industry and MOFTEC; such corporations must obtain a license to import or export chemical materials, technologies, and equipment; in addition, authorized corporations must obtain special approval from the Ministry of Chemical Industry to export chemical materials to countries that are not signatories to the Chemical Weapons Convention (CWC). The regulations also specify that an end-user certificate is required before a chemical can be shipped to a non-CWC signatory. |
| May 1997 | Circular on Strict Implementation of China's Nuclear Export Policy, a directive to government ministries and non-government entities on nuclear exports | The Circular provided guidance on nuclear exports, i.e. what can and cannot be exported; the Circular stated: "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 cooperation or exchange of personnel and technological data with nuclear facilities not under IAEA safeguards." |
| March 1997 | Supplement to December 1995 chemical export control regulations | Issued in preparation of China's April 1997 ratification of the Chemical Weapons Convention (CWC). |
| 27 December 1995 | Regulations on Controlled Chemicals | Includes a Schedule of Chemicals based on the regulations and schedules of chemicals contained in the Chemical Weapons Convention (CWC); the regulations provide for strict control on the production and transfer of chemicals listed in its Schedule; consistent with the CWC, the Regulations divide the controlled chemicals into four categories: (1) chemicals that can be used as chemical weapons; (2) chemicals that can be used as precursors in the production of chemical weapons; (3) chemicals that can be used as main raw materials in the production of chemical weapons; (4) discrete organic chemicals excluding explosives and hydrocarbons. |
| 12 May 1994 |
Foreign Trade Law
对外贸易法 |
This law gives the state the power to regulate imports and exports; China's export control regulations are based on this clause; under Articles 16 and 17, China can restrict or prohibit the import and export of goods for reasons of "national security and social benefits"; the government should restrict trade based on its obligations to international treaties and conventions; Article 18 requires the creation of control lists; Article 19 covers licensing--items with "special requirements" (i.e. those related to international treaties and conventions) require export licenses; such items include heavy water, military and dual-use chemicals, and materials related to toxin production. |
| 1 January 1993 | Temporary Rules on the Management of
Export Goods
出口商品管理暂行办法 | Created four categories of
controlled goods:
(1) 38 products vital to the national economy to remain under
state production and export controls
The general export control list (4) includes heavy water, rare-earth metals, and dual-use chemical items; no nuclear materials or equipment besides heavy water appear on the list; bearings and computers are the only dual-use items listed. |
| 1991-1992 | A series of reforms | Clarification of export licencing responsibilities and procedures. |
| 1986 | Directive of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) | Approved by the State Council, this directive stated that all technology exports must be compatible with China's overall foreign policy and national security interests, and that any exports of technology that violate these interests would be banned. |
| 1985-1988 | About seven decrees | Provided details on license application rules, approval procedures, and institutional jurisdictions. |
| 3 June 1980 | Provisional measures on the export license system relating to dual-use exports | Dual-use exports (?) |
| 1980 | Temporary Provisions of Export
Licensing System
关于出口许可制度的暂行办法 |
Reestablished an export licensing system; established license application procedures, requirements, and institutional responsibility. |
| December 1950 | Provisional Rules of Foreign Trade
Administration
对外贸易管理暂行条例 |
China's first export control law; required all importers and exporters to have licenses issued by central or provincial foreign trade authorities. |
Updated: 02/19/2004
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.
