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中华人民共和国核出口管制条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON NUCLEAR EXPORT CONTROL

2006-05-14 18:12   我要纠错 | 打印 | 收藏 | | |

国务院令第230号
(Adopted at the 61st Executive Meeting of the State Council on August 1,1997 Promulgated by Decree No. 230 of the State Council of the People's Republic of China on September 10, 1997)
颁布日期:19970910  实施日期:19970910  颁布单位:国务院

  Article 1 These Regulations are formulated for the purpose of enhancing nuclear export control, safeguarding state security and public interest of society and promoting international cooperation in the peaceful uses of nuclear energy.

  Article 2 Nuclear export referred to in these Regulations means export for trade as well as grant to foreign countries, exhibitions, scientific technological cooperation and foreign assistance of such items as nuclear materials, nuclear equipment and non-nuclear materials for reactors and their related technologies listed in the   Article 3 The State exercises strict control over nuclear export and strictly abides by the international obligations undertaken for nonproliferation of nuclear weapons.

  The State does not advocate, encourage or engage in proliferation of nuclear weapons, nor shall it assist other countries in the development of nuclear weapons. Nuclear export shall only be used for peaceful purposes and shall be subject to safeguards and supervision of the International Atomic Energy Agency, and an acceptor must not transfer it to any third country without the permission of the Chinese Government. The State prohibits provision of assistance to nuclear facilities not under the safeguards and supervision of the International Atomic Energy Agency, and no nuclear export to them or personnel and technological exchanges and cooperation shall be conducted.

  Article 4 Nuclear export shall abide by the provisions of the relevant state laws and regulations and must not harm state security or public interest of society.

  Article 5 Examination of and permission for nuclear export shall abide by the following norms:

  (1)The acceptor government shall guarantee that the nuclear materials, nuclear equipment or non-nuclear materials for reactors supplied by China as well as the special fissionable materials produced through the uses thereof shall not be used for the purpose of any nuclear explosion;

  (2)The acceptor government shall guarantee that it shall take approriate in-kind protective measures for the nuclear materials supplied by China as well as the special fissionable materials produced through the uses thereof;

  (3)The acceptor government has concluded with the International Atomic Energy Agency the agreement for safeguards and supervision which is in force and has undertaken to integrate into the agreement for safeguards and supervision the nuclear materials, nuclear equipment or non-nuclear materials for reactors supplied by China as well as the special fissionable materials produced through the uses thereof and accept the safeguards and supervision of the International Atomic Energy Agency;

  (4)The acceptor pledges that it will not retransfer to any third party the nuclear materials, nuclear equipment or non-nuclear materials for reactors and the related technologies thereof supplied by China without advance permission in writing of the State Atomic Agency of China; for retransfer with advance permission, the third party accepting there transfer shall undertake the obligations equivalent to those taking direct supply from China.

  Article 6 Nuclear export shall be monopolized by units designated by the State Council, and no other unit or individual shall engage in the operations.

  Article 7 For export of items and the related technologies thereof listed in the   (1)Certification of monopoly qualification for nuclear export of the applicant;

  (2)Identifications of the legal representative, chief manager in the operations as well the person handling the operations of the applicant;

  (3)A copy of the contract or agreement;

  (4)Analytical reports of the nuclear materials or non-nuclear materials for reactors;

  (5)Certification of the end user;

  (6)Certification of guarantee provided by the acceptor pursuant to the provisions of Article 5 of these Regulations; and(7)Other documents required to be presented by the examination organ.

  Article 8 The applicant shall truthfully fill out the application form for nuclear export.

  Application forms for nuclear export shall be uniformly printed by the State Atomic Energy Agency.

  Article 9 The applicant shall file revisions in time in the case of changes in the items filled out in the application form for nuclear export or file a new application for export.

  The applicant shall withdraw the application for nuclear export in time in the case of suspension of nuclear export.

  Article 10 The State Atomic Energy Agency shall, within fifteen working days starting from the date of the receipt of the application form for nuclear export and the documents listed in Article 7 of these Regulations, put forth its remarks of examination and notify the applicant; for those approved upon examination, the cases shall be processed pursuant to the following provisions in the light of different circumstances:

  (1)For export of nuclear materials, the case shall be transmitted to the Defense Science Technology and Industries Commission for reexamination;

  (2)For export of nuclear equipment or non-nuclear materials for reactors and the related technologies thereof, the case shall be transmitted to the Ministry of Foreign Trade and Economic Cooperation for reexamination or to the Ministry of Foreign Trade and Economic Cooperation for reexamination in conjunction with the Defense Science Technology and Industries Commission.

  The Defense Science Technology and Industries Commission and the Ministry of Foreign Trade and Economic Cooperation shall, within fifteen working days starting from the date of receipt of the application form for nuclear export, the documents listed in Article 7 of these Regulations and the remarks of examination transmitted by the State Atomic Energy Agency, put forth remarks of reexamination and notify the applicant.

  In the case of necessity to extend the time limit for examination or reexamination by the State Atomic Energy Agency, the Defense Science Technology and Industries Commission and the Ministry of Foreign Trade and Economic Cooperation owing to extraordinary circumstances, an extension of fifteen working days may be effected in which case, however, the applicant should be notified.

  Article 11 For nuclear export having important impact on state security, public interest of society or foreign policy, the State Atomic Energy Agency, the Defense Science Technology and Industries Commission and the Ministry of Foreign Trade and Economic Cooperation should consult with the Ministry of Foreign Affairs in the examination or reexamination; the case should be submitted to the State Council for examination and approval when necessary.

  The cases submitted to the State Council for examination and approval shall not be subject to the time limit prescribed in Article 10 of these Regulations.

  Article 12 The Ministry of Foreign Trade and Economic Cooperation shall issue nuclear export licenses to applications for nuclear export upon approval after reexamination or examination and approval pursuant to the provisions of these Regulations.

  Article 13 A holder of the nuclear export license should return the original license for changes in the export items and the related technologies thereof in the original application and reapply for a nuclear export license pursuant to the provisions of these Regulations.

  Article 14 The Ministry of Foreign Trade and Economic Cooperation should inform the State Atomic Energy Agency in writing of the issuance of a nuclear export license.

  Article 15 A nuclear export monopoly unit should, in the process of nuclear export, present the nuclear export license to the customs, go through customs formalities pursuant to the provisions of the Customs Law and accept customs supervision and control.

  Article 16 In the case of violation of the guarantee made pursuant to the provisions of Article 5 of these Regulations by the acceptor or its government, or when the danger of nuclear proliferation arises, the Ministry of Foreign Trade and Economic Cooperation is, in conjunction with the departments concerned under the State Council, empowered to make a decision on the suspension of export of the items concerned or the related technologies thereof, and the Ministry of Foreign Trade and Economic Cooperation shall inform the customs in writing for execution.

  Article 17 For export of nuclear materials, nuclear equipment, non nuclear materials for reactors and the related technologies thereof in violation of the provisions of these Regulations constituting a criminal offense, criminal responsibility shall be investigated according to law; for a case which does not constitute a criminal offense, the violator shall be penalized pursuant to the provisions of the Customs Law and the Foreign Trade Law.

  Article 18 For forgery, alteration, buying and selling of nuclear export licenses, criminal responsibility shall be investigated according to law.

  Article 19 State functionaries for nuclear export control who commit a criminal offense in negligence of duties, self-seeking misconduct or abuse of power shall be investigated of the criminal responsibility according to law; those whose conduct do not constitute a criminal offense shall be given administrative sanctions in accordance with law.

  Article 20 The State Atomic Energy Agency may, in conjunction with such departments as the Defense Science Technology and Industries Commission, the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Foreign Affairs and the General Administration of Customs, make adjustments in the   Article 21 In the case of differences in provisions between the international treaties concluded or acceded to by the People's Republic of China and these Regulations, the provisions of the international treaties shall apply; however, the articles for which the People's Republic of China has stated her reservations are excluded.

  Article 22 These Regulations shall come into force as of the date of promulgation.(For Nuclear Export Control List, please refer to the appendix in Chinese.)

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