China Data Supplement December 2006

China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 55
the "Control List" are exported in violation of the provisions of these
regulations, the Ministry of Commerce shall issue a warning and
impose a fine no less than twice but no more than six times the
amount involved in the illegal transaction. If the amount of the illegal
transaction is less than 50,000 yuan, a fine no less than 50,000 yuan
but no more than 250,000 yuan shall be levied. Any illicit proceeds
shall be confiscated. If a crime has been committed, criminal liability
shall be ascertained according to law."
8. Article 18 is renamed Article 19 and is amended to read:
"Those who forge, alter, buy, or sell nuclear export permits, or obtain
nuclear export permits through deception and other improper
means, shall be penalized pursuant to the provisions of relevant
laws and administrative statutes. If crimes have been committed,
criminal liability shall be ascertained according to law."
9. Article 20 is renamed Article 21 and is amended to read: "The
China Atomic Energy Authority, together with COSTIND, the
Ministry of Commerce, the Ministry of Foreign Affairs, the General
Administration of Customs, and other relevant departments, may
adjust the "Control List" in light of the actual circumstances and
release it to the public."
10. An additional article, Article 23, is added, which reads: "The
provisions of these Regulations shall apply to export of items and
related technologies listed on the "Control List" from areas subject to
special customs supervision and control, such as bonded
warehouses, bonded zones, and export processing zones, as well
as other bonded venues. The transit, transshipment, and
through-shipping of items and related technologies listed on the
"Control List" shall be handled with reference to the provisions of
these Regulations."
In addition to the above amendments, appropriate adjustment and
revisions shall be made with regard to the sequence of the articles
and their texts.
The decision shall take effect on the date of its promulgation.
The Regulations of the People's Republic of China on Control of
Nuclear Export shall be appropriately amended and promulgated in
accordance with this decision.
(Xinhua, 1 Dec 06 , in BBC PF, 3 Dec 06)
Apparent text of "The People's Republic of China Nuclear Export
Control Regulations", carried by official Chinese news agency
Xinhua (New China News Agency)
Beijing, 1 December: The People's Republic of China [PRC]
Nuclear Export Control Regulations
(Promulgated on 10 September 1997 as per PRC State Council
Decree No 230 and amended pursuant to the State Council
Decision on Amending the "People's Republic of China Nuclear
Export Control Regulations" on 9 November 2006)
Article 1
These regulations were formulated for the purposes of tightening
control on nuclear exports, preventing nuclear weapons
proliferation, guarding against nuclear terrorist acts, safeguarding
national security and public interests, and promoting international
cooperation in the peaceful use of nuclear energy.
Article 2
The term nuclear exports used in these regulations refers to
transfers 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 other countries, exhibitions abroad, and
scientific and technological cooperation with and assistance for
other countries.
Article 3
The state exercises strict control over nuclear exports and strictly
fulfils the international obligations it has undertaken regarding the
nonproliferation of nuclear weapons.
The state strictly restricts exports 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.
Article 4
Nuclear exports shall follow the provisions of relevant state laws
and administrative statutes and may not jeopardize national security
or public interests.
Article 5
The following criteria shall be observed in examining and
approving nuclear exports:
(1) Where the recipient government pledges not to use for the
purposes of nuclear explosions any nuclear materials, nuclear