China Data Supplement December 2006

56 December 2006
equipment, or non-nuclear materials for use in reactors supplied by
China as well as special fissile materials produced through their use;
(2) Where the recipient government pledges to take appropriate
measures to physically protect nuclear materials supplied by China
as well as special fissile materials produced through their use;
(3) Where the recipient government 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;
(4) Where the recipient pledges that, without the prior written
consent of China's atomic energy authority, it will not transfer to a
third party nuclear materials, nuclear equipment, or non-nuclear
materials for use in reactors supplied by China and their related
technologies. In the event of a transfer with prior consent, the third
party that accepts the transfer shall undertake obligations
corresponding to those of the party directly supplied by China; and
(5) Where the recipient government pledges that, without the
Chinese Government's consent, it 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.
Article 6
Nuclear exports shall be handled exclusively by units designated
by the State Council. No other units or individuals may handle them.
Article 7
To export items listed on the "Control List" and their related
technologies, an application shall be filed with the state atomic
energy authority. A nuclear export application form shall be filled out,
and the following documents shall be submitted:
(1) The applicant's certificate of eligibility to exclusively handle
nuclear exports;
(2) The identification of the applicant's legal representative,
principal management personnel, and personnel who handle the
relevant matter;
(3) A duplicate copy of the contract or agreement;
(4) An analytical report on the nuclear materials or non-nuclear
materials for use in reactors;
(5) The end user's certificate;
(6) A certificate of pledges by the recipient pursuant to the
provisions of Article 5 of these regulations; and
(7) Any other documents required by the examining authority.
Article 8
Applicants shall truthfully fill out nuclear export application forms.
Nuclear export application forms shall be printed uniformly by the
state atomic energy authority.
Article 9
Where there are changes to information provided on a nuclear
export application form, the applicant shall promptly make
corrections or resubmit the export application. An applicant who
discontinues nuclear exports shall promptly withdraw the nuclear
export application.
Article 10
Within 15 working days of receiving a nuclear export application
form and the documents listed in Article 7 of these regulations, the
state atomic energy authority shall offer its opinion on examination
and notify the applicant. If approval is granted after examination, the
case shall be handled pursuant to the following provisions
depending on the different circumstances:
(1) Where nuclear materials are exported, the case shall be
forwarded for review by the Commission of Science, Technology,
and Industry for National Defence [COSTIND] or by COSTIND in
conjunction with relevant departments;
(2) Where nuclear equipment or non-nuclear materials for use in
reactors and their related technologies are exported, the case shall
be forwarded for review by the Ministry of Commerce or by the
Ministry of Commerce in conjunction with COSTIND and other
departments concerned.
Within 15 working days of receiving the nuclear export application
form, the documents listed in Article 7 of these regulations, and the
opinion on examination forwarded by the state atomic energy
authority, COSTIND and the Ministry of Commerce shall offer their
review opinions and notify the applicant.
Where the state atomic energy authority, COSTIND, and the
Ministry of Commerce need to extend the examination or review
period due to special circumstances, they may extend it by an
additional 15 working days, but they shall notify the applicant.