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| Decision of the State Council on Amending the Regulations of the People's Republic of China on Export Control of Nuclear Dual-Use Items and Related Technologies |
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| 2008-01-22 11:06 Department of Electromechanical Products & Science and Technology Industry |
No. 484
The Decision of the State Council on Revising the Regulations of the People's Republic of China on Export Control of Nuclear Dual-Use Items and Related Technologies is hereby promulgated and shall become effective as of the date of promulgation.
Premier Wen Jiabao
January 26, 2007
Decision of the State Council on Amending the Regulations of the People’s Republic of China on Export Control of Nuclear Dual-Use Items and Related Technologies
The State Council decides to make the following revisions to the Regulations of the People’s Republic of China on Export Control of Nuclear Dual-Use Items and Related Technologies:
1. Article 1 is amended to read as follows: “These Regulations are formulated for the purpose of strengthening control over the export of nuclear dual-use items and related technologies, preventing the proliferation of nuclear weapons, protecting against nuclear terrorist acts, promoting international cooperation on the peaceful use of nuclear energy, and safeguarding the Sate security and social and public interests.”
2. Article 2 is amended to read as follows: “The term ‘export of nuclear dual-use items and related technologies’ in these Regulations means the export for trade of equipment, materials, software and related technologies enumerated in the Nuclear Dual-Use Items and Related Technologies Export Control List (hereinafter referred to as the Control List), as well as transfer of the same to foreign countries and regions by means of gifting, exhibiting, scientific and technological cooperation, provision of assistance or services, and so on.”
3. Article 3 is amended to read as follow: “The State exercises strict control over the export of nuclear dual-use items and related technologies, strictly performs the international obligation it undertakes of not proliferating nuclear weapons, and prevent nuclear dual-use items and related technologies from being used for carrying out nuclear explosions or for committing nuclear terrorist acts.
The State may, for the purpose of safeguarding the State security and international peace and security, take any necessary measures on nuclear dual-use items and related technologies.”
4.Article 4 is amended to read as follows: “The permission to export of nuclear dual-use items and related technologies shall be based on acceptance of the following guarantees by the receiving party:
(1) The receiving party guarantees not to use the nuclear dual-use items and related technologies supplied by China, or any reproductions thereof, for carrying out nuclear explosions or for the purposes other than the end-use purposes it has declared;
(2) The receiving party guarantees not to use the nuclear dual-use items and related technologies supplied by China, or any reproductions thereof, for nuclear fuel cycling which is not under safeguards of and supervision of the International Atomic Energy Agency. However, this subparagraph is not applicable to the country which has concluded a voluntary safeguards agreement with the International Atomic Energy Agency; and
(3) The receiving party guarantees not to transfer to the third party other than the end-user it has declared the nuclear dual-use items and related technologies supplied by China, or any reproductions thereof, without the consent of the Chinese Government.”
5. Subparagraph (3) of Article 8 is amended to read as follows: “The technical specifications or testing reports of the nuclear dual-use items and related technologies”; and Subparagraph (4) is revised to read as follows: “The certificates of the end-user and the end-use purpose”.
6. Article 9 is amended to read as follows: “Where the nuclear dual-use items and related technologies are exported for the purpose of exhibition abroad, self-use by the Chinese party abroad or inspection and maintenance abroad and will be transported back to the Chinese territory within the prescribed time limit, or they are transported into the Chinese territory for inspection and maintenance and will be transported out of the Chinese territory, or they are exported under any other circumstances prescribed by the Ministry of Commerce, the exporter may, upon the examination and approval of its application, be exempted from submitting the documents prescribed in Article 8 of these Regulations.”
7. Article 11 is amended to read as follows: “Upon receiving the export application form and the documents prescribed in Article 8 of these Regulations, the Ministry of Commerce shall, jointly with the State Atomic Energy Authority, or jointly with the State Atomic Energy Authority and in consultation with other departments concerned, or in consultation with the Ministry of Foreign Affairs if the foreign policy is involved therein, examine the application and, within 45 working days, decide whether to grant permission.”
8. Paragraph 1 of Article 12 is amended to read as follows: “Where the export of nuclear dual-use items and related technologies has significant impact on the State security, social and public interests or foreign policy, the Ministry of Commerce shall, jointly with the departments concerned, report the case to the State Council for approval.”
9. One article is added as Article 16, which reads: “The Customs may question whether an exporter shall go through the formalities for obtaining an export permit for the equipment, materials, software and related technologies to be exported, and may request the exporter to apply to the Ministry of Commerce for the issue of a document certifying whether the equipment, materials, software and related technologies to be exported are the nuclear dual-use items and related technologies the export of which is controlled. If they are the nuclear dual-use items and related technologies the export of which is controlled, the exporter shall, in accordance with the provisions of these Regulations, file an application to obtain a permit for export of nuclear dual-use items and related technologies. Specific measures shall be developed by the General Administration of Customs jointly with the Ministry of Commerce.”
10. Article 16 is changed to be Article 17 and amended as follows: “Where the receiving party violates the guarantees it has made according to Article 6 of these Regulations, or where a risk of nuclear proliferation or nuclear terrorist act appears, the Ministry of Commerce shall suspend or revoke the export permit that has been issued and notify the departments concerned in writing.”
11. One article is added as Article 18, which reads: “An exporter shall establish a sound internal control mechanism for the export of nuclear dual-use items and related technologies, and properly preserve such data as contracts, invoices, bills and business letters for at least 5 years. The Ministry of Commerce may consult and copy the relevant data.”
12. One article is added as Article 19, which reads: “Where an exporter knows or should know, or is informed by the Ministry of Commerce, that the equipment, materials, software and related technologies to be exported thereby are at the risk of nuclear proliferation or may be used for the purpose of nuclear terrorism, the said equipment, materials, software and related technologies shall be subject to the provisions of these Regulations even if they are included in the Control List.”
13. Article 17 is changed to be Article 20 and amended as follows: “Upon approval by the State Council, the Ministry of Commerce may, jointly with the departments concerned, make an ad hoc decision on exercising control over the export of specific nuclear dual-use items and related technologies not listed in the Control List in accordance with the provisions of these Regulations.
“The export of specific nuclear dual-use items and related technologies prescribed in the preceding paragraph shall be subject to permission in accordance with the provisions of these Regulations.”
14. One article is added as Article 21, which reads: “The Ministry of Commerce shall invite experts concerned to set up an advisory committee on the control over the export of nuclear dual-use items and related technologies to undertake the work of consultation, assessment and demonstration of the control over the export of nuclear dual-use items and related technologies.”
15. One article is added as Article 22, which reads: “The Ministry of Commerce may investigate and stop an act suspected of violating the provisions of these Regulations or may do so jointly with other departments concerned. If necessary, the Ministry of Commerce may notify the Customs of the information on the equipment, materials, software and related technologies to be exported. The Customs may inspect and impound the items subject to customs control. For the items that are not in the customs surveillance zone and not subject to customs control, the Ministry of Commerce may seal up or impound these items. The involved organizations or individuals shall provide cooperation and support.”
16. Article 18 is changed to be Article 23 and amended as follows: “Anyone who, in violation of the provisions of these Regulations, exports nuclear dual-use items shall be penalized in accordance with the provisions of the Customs Law.
“Where anyone, in violation of the provisions of these Regulations, exports nuclear dual-use items and related technologies, the Ministry of Commerce shall give it a warning and impose on it a fine of not less than one time but not more than five times the illegal turnover; if the illegal turnover is less than 50,000 yuan, the said Ministry shall impose on it a fine of not less than 50,000 yuan but not more than 250,000 yuan; the illegal gains, if any, shall be confiscated. If a crime is constituted, the criminal liability shall be investigated for according to law.”
17. Article 19 is changed to be Article 24 and amended as follows: “Anyone who counterfeits, alters, buys or sells an export permit shall be penalized in accordance with the relevant laws and administrative regulations; if a crime is constituted, the criminal liability shall be investigated for according to the law.
“Where anyone obtains an export permit by fraud or any other illegal means, the Ministry of Commerce shall revoke its export permit and impose on it a fine of not less one time but not more than five times the illegal turnover; if the illegal turnover is less than 50,000 yuan, the said Ministry shall impose on it a fine of not less than 50,000 yuan but not more than 250,000 yuan; the illegal gains, if any, shall be confiscated. If a crime is constituted, the criminal liability shall be investigated for according to law.”
18. Article 21 is changed to be Article 26 and revised as follows: “The Ministry of Commerce may, jointly with the State Atomic Energy Authority and other departments concerned, make adjustments to the Control List in light of the specific situation and publish such amendments.”
19. One article is added as Article 28, which reads: “The provisions of these Regulations shall apply to the export of nuclear dual-use items and related technologies from bonded zones, export processing zones and other areas under special surveillance of the Customs as well as from export surveillance warehouses, bonded logistics centers and other bonded surveillance areas.
“The transit, transshipment and through-shipment of nuclear dual-use items and related technologies shall be governed by the provisions of these Regulations.”
In addition, the order and wording of some articles are adjusted and revised correspondingly.
This Decision shall become effective as of the date of promulgation.
The Regulations of the People’s Republic of China on Export Control of Nuclear Dual-Use Items and Related Technologies shall be amended and re-promulgated according to this Decision.
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