Regulations of the People's Republic of China on the Export Controls of Nuclear-Related Dual-Use Items and Technologies (2007)

Order of the State Council No. 484

January 26, 2007

(Promulgated by Order No. 245 of the State Council of the People's Republic of China on June 10, 1998 and revised in accordance with the Decision of the State Council on the Revision of the Regulations of the People's Republic of China on Export Controls of Dual-Use Nuclear Products and Relevant Technologies on January 26,2007)

Article 1 The Regulations have been formulated with the goal of strengthening the administration and control over the export of nuclear facilities that can be used for both military and civil purposes and the related technologies (hereinafter referred to as nuclear-related dual-use items and technologies) so as to prevent the proliferation of nuclear weapons, guard against nuclear terrorist activities, promote international cooperation on the peaceful utilization of nuclear energy, and to safeguard the national security and social benefits.

Article 2 The export of nuclear-related dual-use items and technologies stipulated in the regulations refers to the export of the equipment, materials, software, and related technologies listed in the Detailed List of nuclear-related dual-use items and technologies Restricted for Export (hereinafter referred to as the Restriction List), as well as the granting, exhibiting, technological cooperation, foreign aiding, service and other auxiliary materials and cooperation in alternative ways.

Article 3 The State shall enforce strict administration and control over the export of nuclear-related dual-use items and technologies, strictly abides by its due international obligation of nuclear non-proliferation, and prevent the use of nuclear-related dual-use items and technologies for the purposes of nuclear explosions and nuclear terrorist activities.
In order to protect and safeguard national security and maintain international peace and security, the State may take any measures that are necessary against the export of nuclear-related dual-use items and technologies.

Article 4 The exports of nuclear-related dual-use items and technologies should conform to relevant laws, administrative regulations as well as provisions of the Regulations, and should not jeopardize the national security and social and public interests of China.

Article 5 The State shall institute and implement a licensing system for the export of nuclear-related dual-use items and technologies.

Article 6 The license for the export of nuclear-related dual-use items and technologies shall be based on the following promises and guarantee on the part of the recipient party:
1. The recipient party shall promise and guarantee that it shall not use the nuclear-related dual-use items and technologies or any of their duplicates and/or parts supplied by China for the purposes of nuclear explosions and other purposes other than the original and/or final purposes as is stated by it;
2. The recipient party shall promise and guarantee that it shall not use the nuclear-related dual-use items and technologies or any of their duplicates and/or parts supplied by China in nuclear fuel cycle activities that have not passed safety inspections by the International Atomic Energy Agency. This item shall not apply to those countries that have signed voluntary guarantee agreement with the International Atomic Energy Agency; and
3. The recipient party shall promise and guarantee that it shall not transfer the nuclear-related dual-use items and technologies or any of their duplicates supplied by China to a third party other than the original and/or final user as is stated by it without the Chinese government's consent.

Article 7 Operators engaged in the export of nuclear-related dual-use items and technologies shall register with the Ministry of Commerce (MOFCOM). No unit or any individual shall be allowed to engage in the export of nuclear-related dual-use items and technologies unless unit or individual has duly registered with the Ministry of Commerce (MOFCOM). The detailed registration procedures shall be worked out by the MOFCOM.

Article 8 Exporters of the nuclear-related dual-use items and technologies that are listed in the Restriction List shall apply to the MOFCOM and fill in the Applications Form of Exporting nuclear-related dual-use items and technologies (hereinafter referred to as the "Export Application Form"), and submit the following documents:
1. The identity certificates of the legal representatives of the applicant, principal operators of the business, and the person who handles the application;
2. Duplicates of the contract or agreement;
3. The technological illustration or test report of the nuclear-related dual-use items and technologies;
4. The certificates certifying the identity of the final users as well as the final use;
5. The guarantee documents required by Article 6 of the Regulations; and
6. Other documents required by MOFCOM.

Article 9 Where the exported nuclear-related dual-use items and technologies are for exhibition outside China, exclusively used by Chinese institutions outside China or overhaul outside China which shall be transported back within the stipulated period, or those are for overhaul within China that shall be transported back outside China, or other circumstances as stipulated by the MOFCOM, the exporter may, upon examination and approval by the MOFCOM, be exempted from furnishing the documents provided in Article 8 of the Regulations.

Article 10 The applicant shall submit Export Application Form in accordance with the facts. The Export Application Form shall be designed and printed uniformly by the MOFCOM.

Article 11 The MOFCOM shall, upon the first day it receives the application form and documents required by Article 8 of the Regulations, examine them together with the State Atomic Energy Agency, or with the related competent authorities of the State Council, or with the Ministry of Foreign Affairs should foreign policies be involved and decide on, or otherwise decline approval within 45 working days.

Article 12 Where the export of nuclear-related dual-use items and technologies could exert profound impact on and/or undermine China's national security, social and public interests, and foreign policies, the MOFCOM shall, together with related competent authorities, submit it to the State Council for approval.
Those submitted to the State Council for approval shall be exempt from the limitation of the time limit as provided in Article 11 of the Regulations.

Article 13 Wherein any application submitted for the export of nuclear-related dual-use items and technologies is approved, the MOFCOM shall grant the license for the export of nuclear-related dual-use items and technologies (hereinafter referred to as Export License) to the exporter.

Article 14 Where a holder of the export license due to circumstances, foreseen and/or unforeseen, and by any reasons, alters the list of the exported nuclear-related dual-use items and technologies, the original export license shall be submitted for the application of a new license in line with the stipulations of the Regulations.

Article 15 Going through Customs procedure for the export of nuclear-related dual-use items and technologies, the exporter shall present the export license to the Customs, pass through the Customs screening and other procedures in accordance with the provisions of the Customs Law of the People's Republic of China and shall be cleared as having passed the inspection and examination of the Customs.

Article 16 The Customs may raise doubts and objections about the genuineness and authenticity whether the equipment, materials, software, and related technologies to be exported by the operator need processing the export license for nuclear-related dual-use items and technologies, and may require him to apply to the MOFCOM to process and produce the certifying documents to determine whether his export belongs to the restricted and prohibited list and scope of the export of nuclear-related dual-use items and technologies; As regards those belong, the operator shall, in line with the provisions of the Regulations, file an application and obtain the export license for the export of nuclear-related dual-use items and technologies. The detailed procedures shall be formulated by the General Administration of Customs together with the MOFCOM.

Article 17 Where the recipient party violates any of the corresponding safeguards and guarantee made in accordance with provisions as stipulated in Article 6 of the Regulations or the risk of nuclear weapon proliferation and nuclear terrorist action may occur, the MOFCOM shall terminate or revoke the granted export license and notify related departments.

Article 18 All relevant authorities with operations connected to the export of nuclear-related dual-use items and technologies shall establish and strengthen internal control system of the export of nuclear-related dual-use items and technologies, and strictly scrutinize and safe-keeping of the materials such as contracts, invoices, bills and other documents, and business correspondence for no less than five years. The MOFCOM may refer to and duplicate relevant materials.

Article 19 All relevant authorities with operations connected to export of nuclear-related dual-use items and technologies aware or should be aware, or notified by the MOFCOM, that where the equipment, materials, software and related technologies exported are of nuclear proliferation risk or may be used for nuclear terrorist purposes, even if the equipment, materials, software and related technologies are not listed in the Restriction List, they shall be handled in accordance with the provisions of the Regulations.

Article 20 The MOFCOM, upon approval from the State Council, is empowered, together with relevant authorities of the State Council, to decide whether or not to exercise control and administration over the export of the special nuclear-related dual-use items and technologies that lie outside the Restricted/and or Prohibited List in line with the Regulations.
The export of the special nuclear-related dual-use items and technologies stipulated in the previous paragraph shall go through the process of application for the license in accordance with the provisions of the Regulations.

Article 21 The MOFCOM shall constitute, organize and inaugurate a body of concerned experts into consultative committee on the export of nuclear-related dual-use items and technologies and undertake such tasks as consultancy, evaluation and providing intellectual and scientific opinions and recommendations concerning the administration and control over nuclear-related dual-use items and technologies.

Article 22 The MOFCOM or the MOFCOM together with related competent departments may investigate and impede acts suspected of violating the provisions of the Regulations. The MOFCOM, as is necessary, may notify the Customs of the condition of the equipment, materials, software and related technologies to be exported. For items under the briefs, jurisdiction and supervision of the Customs, the Customs may carry out inspection or detainment; and for those items and materials outside the supervision of the Customs, the MOFCOM may carry out inspection or detainment. Relevant units and individuals shall offer cooperation and assistance.

Article 23 Where dual-use nuclear material, equipment and facilities are exported in flagrant violation of the provisions of the Regulations, the relevant individual, companies and or/agent shall be severely punished in accordance with the provisions of the Customs Law of the People's Republic of China. Where dual-use nuclear facilities are exported in flagrant violation of the provisions of the Regulations, the operator shall be issued a warning by the MOFCOM and be imposed on a fine of no less than the same amount of but no more than the 5 times of the amount of the illegal business volume; where the illegal business value is less than Fifty-Thousand Yuan (RMB50,000), a fine in the range RMB50,000-250,000 shall be imposed. If there are illegal gains, the illegal gains shall be returned and same confiscated; and if any crime is committed, a case of criminal proceedings shall be commenced in accordance with the law.

Article 24 Where a named relevant individual, companies and or/agent forges, falsifies, or buy and sell export licenses, he shall be punished in accordance with the provisions of related laws and administrative regulations; and if any crime is committed, a case of criminal proceedings shall be commenced accordance with the law.
Where the export license is secured by deception or other unjust means, the export license shall be withdrawn, revoked and confiscated by the MOFCOM and a fine of no less than the same amount of but no more than the 5 times of the amount of the illegal business volume shall be imposed; where the illegal business value is less than Fifty-Thousand Yuan (RMB50,000), a fine in the range RMB50,000-250,000) shall be imposed. If there are illegal gains, the illegal gains shall be returned and same confiscated; and if any crime is committed, a case of criminal proceedings shall be commenced, in accordance with the law.

Article 25 Where public officials responsible for the administration or control over the export of dual-use nuclear facilities and technologies, neglect their duties or queried and found guilty for dereliction of duty, engaged and/or enamored in favoritism and in malpractices, or abuse their office/and or powers derived from that office, and/or act ultra wires, criminal proceedings shall be commenced where a crime is constituted; or severe punishment shall be imposed in accordance with related laws where a crime is not involved.

Article 26 The MOFCOM, together with the State Atomic Energy Agency and related authorities, reserves the right to make any adjustments to the Restriction/Prohibited List in accordance with the actual circumstance which shall be promulgated.

Article 27 Where international treaties to which China is signatory country bear stipulations that are different from, or inconsistent with the Regulations, the international treaties shall prevail to the extent of the inconsistency, except for those provisions for which the People's Republic of China had stated and clear reservations.

Article 28 Where nuclear-related dual-use items and technologies are exported from areas under special supervision by the Customs such as bonded area export-oriented processing zones and bonded supervising places such as export supervision warehouses and bonded logistics centers, the Regulations shall be applied.
The transit, trans-shipment and thorough transportation of nuclear-related dual-use items and technologies shall be carried out in accordance with the provisions of the Regulations.

Article 29 The Regulations shall come into effect as of the date of promulgation.