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Chinese Response: Beijing Publishes Controls for Dual-Use Biological Exports By Mike Nartker “China has all along advocated the complete prohibition and thorough destruction of all kinds of weapons of mass destruction, including biological weapons,” according to a Chinese Foreign Ministry statement. “China has never developed, produced or stockpiled any biological weapons, and never assisted any country to acquire or develop these weapons. China has always opposed the proliferation of biological weapons, and has taken a full set of strict export control measures.” Under the regulations, companies wishing to export biological agents and related items on a control list must first apply for a Chinese license. The receiving party must guarantee that the exports will not be used in the development of biological weapons, will not be used for purposes other than their declared end-use without Chinese consent and will not transfer the items to another party without Chinese consent. The regulations, to go into effect in December, also outline possible penalties for export control violations, ranging from fines to the revocation of licensing for foreign trade operations. China’s new biological export control list is divided into two sections, which include a number of human, animal and plant pathogens, as well as genetic elements and genetically modified organisms. The export control list also includes dual-use biological equipment, such as Biosafety Level 3 and 4 containment facilities used to conduct research on dangerous pathogens, protective equipment, fermenters and aerosol inhalation chambers, used for aerosol testing. China released a set of missile export control regulations in August (see GSN, Sept. 3). Experts saw the release as a significant step in addressing international proliferation concerns. “The entering into force of the regulations, along with other existing regulations related to export control, will establish a comprehensive nonproliferation and export control system covering all sensitive items in nuclear, biological, chemical and missile field,” the Chinese statement said. “This marks further improvement of legislation and export control by law, and thus has a significant bearing on fulfilling China’s international nonproliferation obligations and normal development of foreign trade and economic cooperation activities.” Officials at the U.S Embassy in Beijing today praised China for the release of the new biological export control regulations, according to Australian Broadcasting Corporation News. “The United States welcomes China’s Oct. 14 promulgation of export controls on the dual-use of biological agents and related equipment and technology,” an embassy official was quoted as saying. “This is a potentially important step in helping Chinese efforts to prevent the production of biological weapons and is also a good step in the run-up to the October summit.” Experts also praised China’s decision to promulgate the new biological export control regulations. Kerry Boyd, a chemical and biological analyst at the Arms Control Association, called the move “a very good step.” China’s decision to announce the new regulations now, at the same time as a visit to Beijing by U.S. Undersecretary of State John Bolton and Assistant Secretary of State James Kelly and so close to the impending U.S.-Chinese summit, can be seen as “good timing for U.S. relations,” Boyd said. The move is also part of a “very good trend” of China improving its export control systems, she said. A key issue, however, will be China’s enforcement of the new regulations, Boyd said. In July, the United States sanctioned eight Chinese entities for violating the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 for sales of WMD components to Iran (see GSN, July 19). The United States also imposed penalties on three Chinese entities in January for the sale of controlled chemical and biological items to Iran (see GSN, Jan. 24). “You must have something to enforce and now you have something to enforce. But you still have to enforce it,” Boyd said.
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