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中华人民共和国核两用品及相关技术出口管制条例 Regulations of the People's Republic of China for Export Control on Nuclear Dual-purpose Goods and Related Technologies

2006-05-14 17:09   我要纠错 | 打印 | 收藏 | | |

国务院令第245号
(Promulgated by Decree No. 245 of the State Council of the People's Republic of China on June 10, 1998)
颁布日期:19980610  实施日期:19980610  颁布单位:国务院

  Article 1 These Regulations are formulated with a view to tightening the control on the export of nuclear dual-purpose goods and related technologies, preventing nuclear weapons proliferation, promoting international cooperation in utilizing nuclear energy for peaceful purpose, and maintaining national security and social and public interests.

  Article 2 "Export of nuclear dual-purpose goods and related technologies" referred to in these Regulations means export for trade of equipment, materials and related technologies listed in the appendix of these Regulations, Export Control Inventory of Nuclear Dual-purpose Goods and Related Technologies (hereinafter referred to as "Control Inventory"), as well as means provision of the same to any foreign country for donation, exhibition, scientific and technological cooperation or aid.

  Article 3 The state exercises strict control on the export of nuclear dual-purpose goods and related technologies to strictly perform the international obligation it has undertaken of non-proliferation of nuclear weapons.

  Article 4 The export of nuclear dual-purpose goods and related technologies should be in conformity with the relevant state provisions of laws, administrative regulations and these regulations, and should not be detrimental to national security and social and public interests.

  Article 5 The state practises the license control system for the export of nuclear dual-purpose goods and related technologies.

  Article 6 In issuing a licence for the export of nuclear dual-purpose goods and related technologies, the following requirements should be met:

  (1) The recipient pledges not to use nuclear dual-purpose goods and related technologies supplies by China for the purpose of nuclear explosion;

  (2) The recipient pledges not to use nuclear dual-purpose goods and related technologies supplied by China in nuclear installations which have not yet accepted the guarantee and supervision of the International Atomic Energy Agency; and

  (3) The recipient pledges not to transfer nuclear dual-purpose goods and related technologies supplied by China to any third party without the permission of the Chinese Government.

  Article 7 Operators engaged in the export of nuclear dual-purpose goods and related technologies must register with the Ministry of Foreign Trade and Economic Cooperation. Without registration, no unit or individual may be engaged in the export of nuclear dual-purpose goods and related technologies. Detailed measures for registration shall be formulated by the Ministry of Foreign Trade and Economic Cooperation.

  Article 8 Anyone who intends to export nuclear dual-purpose goods and related technologies listed in the Export Inventory should apply to the Ministry of Foreign Trade and Economic Cooperation, fill out an application form for the export of nuclear dual-purpose goods and related technologies (hereinafter referred to as "Export Application Form") and present the following documents:

  (1) identity certifications of the legal representative, principal managers of the applicant and the person handling the particular affairs for the applicant;

  (2) duplicate of the contract or agreement;

  (3) technical data of the nuclear dual-purpose goods and related technologies;

  (4) certification of the final user;

  (5) written pledge required by Article 6 of these Regulations; and

  (6) other documents required by the Ministry of Foreign Trade and Economic Cooperation.

  Article 9 In cases where nuclear dual-purpose goods and related technologies to be exported are intended for an exhibition abroad, or for use abroad by a Chinese party himself, and will be returned home within a fixed time limit, the applicant may, with the approval of the Ministry of Foreign Trade and Economic Cooperation upon examination of the application, be exempted from the presentation of the relevant documents required by Article 8 of these Regulations.

  Article 10 The applicant should truthfully fill out the Export Application Form.

  The Export Application Forms shall be uniformly printed by the Ministry of Foreign Trade and Economic Cooperation.

  Article 11 The Ministry of Foreign Trade and Economic Cooperation should, from the date of receiving the Export Application Form and documents required by Article 8 of these Regulations, start the examination procedure in conjunction with the State Atomic Energy Agency, or in conjunction with the State Atomic Energy Agency together with the relevant department of the State Council and, the Ministry of Foreign Affairs if foreign policies are involved, and should make a decision on granting or not granting a licence within 45 working days.

  Article 12 In cases where the export of nuclear dual-purpose goods and related technologies has a major influence on national security and social and public interests, the Ministry of Foreign Trade and Economic Cooperation should report the case to the State Council for approval.

  The cases reported to the State Council for approval shall not be restricted to the time limit required by Article 11 of these Regulations.

  Article 13 If an application for the export of nuclear dual-purpose goods and related technologies gets permission upon examination, the Ministry of Foreign Trade and Economic Cooperation shall issue a licence for the export of nuclear dual-purpose goods and related technologies (hereinafter referred to as "Export Licence") and notify the case in writing to the Customs office.

  Article 14 If a holder of the Export Licence makes changes in nuclear dual-purpose goods and related technologies originally intended for export in the application, he shall return the original Export Licence and shall go through the application procedure to take out a new Export Licence in accordance with the relevant provisions of these Regulations.

  Article 15 An export operator should present the Export Licence to the Customs office for the export of nuclear dual-purpose goods and related technologies and should go through Customs procedures and subject himself to the supervision and control of the Customs office according to the provisions of the Customs law.

  Article 16 In case where the recipient acts counter to the pledge required by Article 6 of these Regulations, or danger of nuclear weapons proliferation emerges, the Ministry of Foreign Trade and Economic Cooperation should, upon consultation with the Ministry of Foreign Affairs and the State Atomic Energy Agency, suspend or revoke the Export Licence having been issued and notify the decision in writing to the Customs office for implementation.

  Article 17 With the approval of the State Council, the Ministry of Foreign Trade and Economic Cooperation may, in conjunction with the relevant departments of the State Council, make an interim decision to exercise control in accordance with these Regulations on the export of specified nuclear dual-purpose goods and related technologies other than those listed in the Control Inventory.

  The export of specified nuclear dual-purpose goods and related technologies prescribed in the preceding paragraph should go through the licencing procedure in accordance with the provisions of these Regulations.

  Article 18 Where anyone exports nuclear dual-purpose goods and related technologies in violation of the provisions of these Regulations, the offender shall, if the act has constituted a crime, be investigated for criminal liability according to law; if the act has not constituted a crime, the offender shall be punished in accordance with relevant provisions of the foreign trade law and the Customs law.

  Article 19 Anyone who forges, alters or buys and sells the Export Licence shall be investigated for legal liability according to law.

  Article 20 Where any state functionary responsible for export control on nuclear dual-purpose goods and related technologies neglects duties, engages in malpractice for personal gains, or abuses powers, he shall, if a crime has been constituted, be investigated for criminal liability according to law; if no crime has been constituted, he shall be given disciplinary sanctions according to law.

  Article 21 The Ministry of Foreign Trade and Economic Cooperation may, in conjunction with the State Atomic Energy Agency and the relevant departments of the State Council, make adjustments to the Control Inventory as required by the practical situations and report it to the State Council for approval and implementation.

  Article 22 If any international treaty concluded or acceded to by the People's Republic of China contains provisions differing from those of these Regulations, the provisions of the international treaty shall prevail, except the provisions on which the People's Republic of China has declared reservations.

  Article 23 These Regulations come into effect as of the date of promulgation.

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