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On the Promulgation of Regulations on Nuclear Export Control
15 September 1997
1. On September 10, China's State Council promulgated the Regulations on Nuclear Export Control. This represents another important step of the Chinese government to further strengthen and improve its nuclear export management by putting it on sounder legal basis while taking into account relevant international treaties and its own consistent stand on the issue.
While reaffirming China's policy on nuclear export, the Regulations reiterate its three principles governing nuclear export--(1) serving peaceful purposes only; (2) accepting IAEA safeguards; (3) forbidding transfer to any third country of China's export without its consent. The Regulations also stipulate in clear terms that no assistance shall be provided to nuclear facilities not under IAEA safeguards.
The Regulations stipulate that nuclear export is a franchised operation of department designated by the State Council, and no other units or individuals are allowed to operate. The State practices a licensing system on nuclear export. Export of all related items and relevant technologies on the "Nuclear Export Control List" must be accompanied by appropriate export licenses. The Control List is the same as the "Trigger List" of the Zangger Committee.
The state practices double management on nuclear export application, i.e. screening by agency of nuclear industry and clearance by authorized controller of nuclear export.
Export that may have a major impact on national security, public interest and foreign policy must be referred to the Foreign Ministry, even submitted to the State Council if necessary for approval before license can be issued. The relevant department of the Chinese government retains the right to suspend the exports in question, if the recipient government is found to have violated its assurance under these Regulations, or if danger of a possible proliferation of nuclear weapons is discerned.
2. The position of the Chinese government on the issue of non-proliferation of nuclear weapons is a clear-cut one. China is a NPT signatory and a member of IAEA. Always standing for complete prohibition and thorough destruction of nuclear weapons, China pursues a policy of not advocating, encouraging or engaging in the proliferation of nuclear weapons and not assisting other countries with nuclear weapons development. China steadfastly abides by its international legal obligation for preventing proliferpation of nuclear weapon.
China has consistently supported international efforts to prevent proliferation of nuclear weapons, actively participated in talks aiming at enhancing IAEA safeguards, and contributed its share to the success of the talks. China is prepared to take corresponding measures and make contributions to the program in accordance with its international responsibilities.
China has decided to apply for the membership of the Zangger Committee.
3. China has always adopted a cautious and responsible attitude towards nuclear export and export of all material that could in any way lead to proliferation of nuclear weapons. China's nuclear export is strictly confined to serving peaceful use in compliance with its three principles on nuclear export. China has rigorous control mechanism and clearing procedures for nuclear export.
Over the past few years, China has gradually stepped up the improvement of its nuclear export control mechanism in response to the needs of a new socialist market economy and rule of law.
Last May, the State Council issued the Circular Concerning Strict Implementation of the Country's Nuclear Export Policy. The Circular provides that nuclear material, equipment and related technologies, as well as non-nuclear material for reactors and nuclear-related dual-use equipment, material and relevant technologies on China's export list must not be supplied to or used in nuclear facilities not under IAEA safeguards. No China's agency or company is allowed to conduct cooperation and exchange of perpsonnel and technological data with nuclear facilities not under IAEA safeguards. The circular also makes strict regulations on the export of nuclear-related dual-use items, and comes up with a Chinese control list based on the internationally accepted control list.
The present Regulations on Nuclear Export Control are formulated on the basis of the above Circular.
At present, relevant Chinese departments are making regulations on the export control of nuclear-related dual-use items, together with a control list. The measures mentioned above, I believe will reinforce China's control of nuclear export and export of all items which might lead to proliferation of nuclear weapons.
In conclusion, I wish to point out that preventing proliferation of nuclear weapons is not the ultimate goal, but a necessary step towards complete prohibition and thorough destruction of nuclear weapons. To this end, while endeavoring to prevent proliferation of nuclear weapons, we should also work to gradually realize nuclear disarmament, honor security assurances for non-nuclear-weapon states, ensure that the nuclear weapon states undertake not to use nuclear weapons first and promote international cpooperation for peaceful use of nuclear energy.
China will continue, together with other countries, to work for nuclear disarmament, prevention of nuclear weapons proliferation and peaceful use of nuclear energy, so as to ensure that nuclear energy truly serve the well-being of mankind.
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
