China Data Supplement February 2007

China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 45
PRC Laws and Regulations
LIU Jen-Kai
Beijing, 16 Feb (Xinhua) - The Regulations of the People's Republic
of China on Export Control Over Dual-Use Nuclear Materials and the
Related Technologies (promulgated according to Decree 245 of the
State Council of the People's Republic of China dated 10 June 1998
and amended according to the Decision of the State Council dated
26 January 2007 on Amending the "Regulations of the People's
Republic of China on Export Control Over Dual-Use Nuclear
Materials and the Related Technologies")
(Decree No. 484 of the PRC State Council, signed by Wen Jiabao,
Premier of the State Council, on 26 January 2007)
Article 1: These regulations have been formulated to strengthen
the control over the export of dual-use nuclear materials and the
related technologies, prevent nuclear proliferation, guard against
terrorist acts, promote international cooperation in the peaceful use
of nuclear energy, and safeguard state security as well as social and
public interests.
Article 2: The export of dual-use nuclear materials and the related
technologies mentioned by these regulations refers to the export in
the nature of trade of equipment, materials, software, and the
related technologies as well as foreign-oriented donations,
exhibitions, technological cooperation, assistance, service, and all
other forms of transfer listed by the "Control List of Export of
Dual-Use Nuclear Materials and the Related Technologies"
(hereinafter called "control list" for short).
Article 3: The state exercises strict control over the export of
dual-use nuclear materials and the related technologies, strictly
performs its international obligation of nonproliferation of nuclear
weapons, prevents the use of dual-use nuclear materials and the
related technologies for nuclear explosion purposes or nuclear
terrorist acts. To safeguard state security and international peace
and security, the state may at any time take necessary measures on
the export of dual-use nuclear materials and the related
technologies.
Article 4: The export of dual-use nuclear materials and the related
technologies should proceed according to the state's relevant law,
administrative law and rules, and provisions of these regulations. It
should not damage state security or social and public interests.
Article 5: The state exercises the permit control system on the
export of dual-use nuclear materials and the related technologies.
Article 6: The approval for the export of dual-use nuclear
materials and the related technologies should be based on the
following guarantees made by the recipient:
(1) The recipient must guarantee that it will not use the dual-use
nuclear materials and the related technologies or any other replicas
provided by China, for nuclear explosion purposes or any purposes
other than the end application that has been clarified.
(2) The recipient must guarantee that it will not use the dual-use
nuclear materials and the related technologies or any other replicas
provided by China, for nuclear fuel recycling activities without the
protection and supervision by the International Atomic Energy
Agency. This provision does not apply to countries falling under the
International Atomic Energy Agency's voluntary protection
agreement.
(3) The recipient must guarantee that without the Chinese
Government's permission, it will not transfer the dual-use nuclear
materials and the related technologies or any other replicas provided
by China, to a third party other than the end user that has been
clarified.
Article 7: Exporters of dual-use nuclear materials and the related
technologies must register with the Ministry of Commerce. Without
registration, no unit or individual is allowed to deal in the export of
dual-use nuclear materials and the related technologies. Detailed
registration procedures will be stipulated by the Ministry of
Commerce.
Article 8: The export of dual-use nuclear materials and the related
technologies listed on the control list requires the filing of application
to the Ministry of Commerce. An application form on the export of
dual-use nuclear materials and the related technologies should be
submitted with the following documents:
(1) Certificates of identity of the statutory agent of the applicant,
the principal managerial person, and the dealer;
(2) Copies of the contract or agreement;
(3) Technical explanations or test reports on dual-use nuclear
materials and the related technologies;
(4) Certificates of the end user and end use;
(5) Documents of guarantee stipulated by Article 6;
(6) Other documents required by the Ministry of Commerce.