China Data Supplement December 2006

54 December 2006
against nuclear terrorism, safeguard national security and promote
international cooperation in using nuclear energy peacefully.
The new regulations add an article that requires the government
of countries importing Chinese technology to guarantee they will
seek Chinese government consent before attempting to enrich
uranium to a level above 20 per cent using the equipment provided
by China.
The new regulations also allow Chinese customs to require
exporters to apply to the Ministry of Commerce for documents that
demonstrate whether the export comes under the nuclear export
controls.
Since the mid-1990s, China has gradually set up a
comprehensive legal system for export controls on nuclear,
biological, chemical, missile and other sensitive items and
technologies as well as all military products.
The government has promulgated Regulations on the Control of
Nuclear Exports, Regulations on the Export Control of Dual-Use
Biological Agents, Regulations on the Export Control of Missiles and
Missile-Related Items and Technologies, and Regulations on the
Administration of Arms Export.
The Foreign Trade Law, the Customs Law and the Criminal Law
also provide a legal basis for China's non-proliferation export
controls.
The government has stepped up campaigns to publicize laws and
regulations on export controls. (XNA, 1 Dec 06)
Beijing, 1 December: Decision of the State Council on Amending
the Regulations of the People's Republic of China on Control of
Nuclear Export
The State Council has decided to make the following
amendments to the Regulations of the People's Republic of China
on Control of Nuclear Export:
1. Article 1 is amended to read: "These regulations are formulated
for the purposes of strengthening the control of nuclear export,
preventing proliferation of nuclear weapons, guarding against
nuclear terrorist acts, safeguarding the State security and social and
public interests, and promoting international cooperation in peaceful
utilization of nuclear energy."
2. Article 2 is amended to read: "The term nuclear export as used
in these Regulations refers to the transfer of such items as nuclear
materials, nuclear equipment, and non-nuclear materials for use in
reactors as well as their related technologies as listed on the
"Nuclear Export Control List" (hereinafter referred to as the "Control
List") through such means as commercial exports, gifts to and
exhibitions in foreign countries or regions, as well as scientific and
technological cooperation with and assistance to foreign countries or
regions."
3. Paragraph 2, Article 3, is amended to read: "The state strictly
restricts export of such sensitive items involved in nuclear
proliferation as uranium enrichment facilities and equipment,
irradiated fuel reprocessing facilities and equipment, heavy water
production facilities and equipment, and their related technologies,
as well as materials that can be used in nuclear weapons or other
nuclear explosion devices."
4. Section 3, Article 5, is amended to read: "The government of
the receiving party has concluded a valid comprehensive
safeguards agreement with the International Atomic Energy Agency
[IAEA]. This provision does not apply to countries that have entered
into voluntary safeguards agreements with the IAEA"; and adding an
additional section, Section 5, which reads: "The government of the
receiving party shall pledge that, without the Chinese Government's
consent, the receiving party may not use uranium enrichment
facilities and technologies supplied by China or any facilities on the
basis of these technologies to produce uranium enriched to a level
of 20 per cent or more."
5. An additional article, Article 16, is added, which reads: "The
Customs may question an exporter whether nuclear export
documents need to be processed for the items and related
technologies being exported and may ask the exporter to apply with
the Ministry of Commerce for a certificate testifying whether they fall
within the scope of nuclear export control. Where they fall within the
scope of nuclear export control, an application shall be filed
pursuant to the provisions of these regulations to obtain a nuclear
export permit."
6. Article 16 is renamed Article 17 and is amended to read: "If the
receiving party or its government violates the pledge it made
pursuant to the provisions of Article 5 of these Regulations, or if
there is the danger of nuclear proliferation or nuclear terrorism,
COSTIND and the Ministry of Commerce, in conjunction with the
Ministry of Foreign Affairs and other relevant departments, shall
have the power to decide to suspend the export of related items or
technologies, and shall notify the Customs in writing for
enforcement."
7. Article 17 is renamed Article 18 and is amended to read:
"Anyone who in violation of the provisions of these Regulations
exports nuclear materials, nuclear equipment, non-nuclear materials
used for reactors, shall be punished according to the relevant
provisions of the Customs Law. Where related technologies listed on