Regulations of the People's Republic of China

on Control of Nuclear Export

(Adopted at the 6lst Executive Meeting of the State Council on August 1, 1997, promulgated by Decree No. 230 of the State Council of the People's Republic of China on September 10,1997, and effective as of the date of promulgation)

Article 1 These Regulations are formulated for the purpose of strengthening the control of nuclear export, safeguarding the State security and social and public interests, and promoting international cooperation in peaceful utilization of nuclear energy.

Article 2 The term nuclear export as used in these Regulations means the trading export, gifts to and exhibitions in foreign countries or regions, as well as scientific and technological cooperation with and assistance to foreign countries or regions that involve nuclear materials, nuclear equipment, non-nuclear materials used for reactors and other items as well as their related technologies outlined in the Nuclear Export Control List (hereinafter referred to as the Control List) attached to these Regulations.

Article 3 The State shall tightly control nuclear export and strictly perform its international obligations with regard to non-proliferation of nuclear weapons.

The State does not advocate, encourage and engage in the proliferation of nuclear weapons, nor does it assist other countries with the development of such weapons. Nuclear export is conducted only for peaceful purposes and subject to the safeguards of International Atomic Energy Agency. Without permission from the Government of China, the receiving party may not make a transfer to a third country. The State prohibits the provision of any assistance to the nuclear facilities not subject to the safeguards of International Atomic Energy Agency, and does not engage in nuclear export to or personnel or technological exchange and cooperation with them.

Article 4 Nuclear export shall comply with the provisions of the relevant State laws and administrative regulations, and may not jeopardize the State security or social and public interests.

Article 5 The following principles shall be observed in examining and licensing nuclear export:

(1) the government of the receiving party shall guarantee from using for nuclear explosion purposes the China-supplied nuclear materials, nuclear equipment, or non-nuclear materials used for reactors as well as special fissionable materials produced through the use of the said nuclear materials and equipment;

(2) the government of the receiving party shall guarantee to take appropriate physical protection of the China-supplied nuclear materials as well as the special fissionable materials produced through the use of the said nuclear materials;

(3) the government of the receiving party has concluded a valid safeguards agreement with International Atomic Energy Agency, promises to incorporate into that agreement the China-supplied nuclear materials, nuclear equipment, or non-nuclear materials used for reactors as well as special fissionable materials produced through the use of the said nuclear materials and equipment, and to accept the safeguards of International Atomic Energy Agency;

(4) the receiving party shall guarantee from retransferring, without prior written consent from the China Atomic Energy Authority, to a third party the China-supplied nuclear materials, nuclear equipment or non-nuclear materials used for reactors as well as their related technologies. If prior consent is given to the retransfer, the third party that accepts the retransfer shall undertake the commitments same as those it shall undertake when China makes a direct supply to it.

Article 6 Nuclear export shall be monopolized by the units designated by the State Council. No other units or individuals shall be allowed to engage in nuclear export.

Article 7 To export the materials and related technologies outlined in the Control List, it is necessary to make an application to the China Atomic Energy Authority, fill in the nuclear export application form, and submit the following documents:

(1) the applicant' s monopoly certificate of nuclear export;

(2) the identification of the applicant's legal representative, the principal managers and the persons in charge;

(3) the duplicate of the contract or agreement;

(4) the analysis report on nuclear materials or non-nuclear materials used for reactors;

(5) the certificate of the end-user;

(6) the guarantee certificate provided by the receiving party in accordance with the provisions of Article 5 of these Regulations;

(7) other documents required by the examining organs.

Article 8 The applicant shall truthfully fill in the nuclear export application form.

The nuclear export application form shall be uniformly produced by the China Atomic Energy Authority.

Article 9 If changes are to be made to the items entered into the nuclear export application form, the applicant shall make timely modification or make a new application for export.

Applicants who suspend nuclear export shall promptly withdraw their applications for export.

Article 10 The China Atomic Energy Authority shall offer an examination report and notify the applicant within 15 working days after the receipt of the nuclear export application form and the documents specified in Article 7 of these Regulations. Where the application is approved after the examination, the following procedures should be followed according to different circumstances:

(1) the application for exporting nuclear materials shall be transferred to the Commission of Science, Technology and Industry for National Defence for reexamination;

(2) the application for exporting nuclear equipment or non-nuclear materials used for reactors as well as their related technologies shall be transferred to the Ministry of Foreign Trade and Economic Cooperation for reexamination or be transferred to and reexamined by the Ministry of Foreign Trade and Economic Cooperation jointly with the Commission of Science, Technology and Industry for National Defence.

The Commission of Science, Technology and Industry for National Defence, and the Ministry of Foreign Trade and Economic Cooperation shall offer a reexamination report and notify the applicant within 15 working days after the receipt of the nuclear export application form, the documents specified in Article 7 of these Regulations and the examination report transferred by the China Atomic Energy Authority.

In case of special circumstances, if the China Atomic Energy Anthority, the Commission of Science, Technology and Industry for National Defence as well as the Ministry of Foreign Trade and Economic Cooperation need to extend the time limit for examination or reexamination, another 15 working days may be extended. However, the applicant shall be notified of the extension.

Article 11 Where the nuclear export has important impact on the State security, social and public interests or diplomatic policy, the China Atomic Energy Authority, the Commission of Science, Technology and Industry for National Defence and the Ministry of Foreign Trade and Economic Cooperation shall, during their examination or reexamination, consult with the Ministry of Foreign Affairs. If necessary, the case shall be submitted to the State Council for examination and approval.

Cases submitted to the State Council for examination and approval shall not be subject to the limitation on time period stipulated in Article 10 of these Regulations.

Article 12 Where the application for nuclear export has been approved after examination or reexamination in accordance with the provisions of these Regulations, a nuclear export licence shall be issued by the Ministry of Foreign Trade and Economic Cooperation.

Article 13 The holder of a nuclear export licence who intends to change the items and related technologies originally applied to export shall turn in the original licence, and file a new application and obtain a new nuclear export licence in accordance with the provisions of these Regulations.

Article 14 After issuing the nuclear export licence, the Ministry of Foreign Trade and Economic Cooperation shall notify the China Atomic Energy Authority in writing.

Article 15 When carrying out nuclear export, the monopoly unit of nuclear export shall submit the nuclear export licence to the Customs, complete the Customs procedures and be subject to the Customs control in accordance with the provisions of Customs Law.

Article 16 When the receiving party or its government contravenes the guarantees made according to the provisions of Article 5 of these Regulations or any danger of nuclear proliferation emerges, the Ministry or Foreign Trade and Economic Cooperation shall, jointly with the related departments of the State Council, have the right to make a decision to suspend the export of the relevant items or technologies, and the Ministry of Foreign Trade and Economic Cooperation shall notify the Customs in writing for execution.

Article 17 Anyone who in violation of the provisions of these Regulations exports nuclear materials, nuclear equipment, non-nuclear materials used for reactors and their related technologies, shall be investigated for criminal responsibility according to law if a crime is constituted, or punished according to the relevant provisions of the Customs Law and the Foreign Trade Law if a crime is not constituted.

Article 18 Anyone who counterfeits, alters, sells or buys the nuclear export licence shall be investigated for criminal responsibilities according to law.

Article 19 Any State functionary exercising control on nuclear export who neglects his duty, seeks personal interests and commits malpractices or abuses his power shall be investigated for his criminal responsibilities according to law if a crime is constituted, or be given administrative sanctions according to law if a crime is not constituted.

Article 20 In light of the practical situation, the China Atomic Energy Authority may, jointly with such departments as the Commission of Science, Technology and industry for National Defence, the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Foreign Affairs, the General Administration of Customs, adjust the Control List and submit it to the State Council for approval before implementation.

Article 21 Where an international treaty that the People's Republic of China has concluded or acceded to contains the provisions different from those of these Regulations, the provisions of the international treaty shall apply, unless the provisions are those on which the People's Republic of China has declared reservations.

Article 22 These Regulations shall enter into force as of the date of promulgation.