Regulations of the People's Republic of China on Nuclear Export Control (Revised in 2006)
Regulations of the People's Republic of China on Nuclear Export Control (Revised in 2006)
Regulations of the People's Republic of China on Nuclear Export Control (Revised in 2006)
Order of the State Council of the People's Republic of China No. 480
November 9, 2006
(Promulgated on September 10, 1997 by Order of the State Council of the People's Republic of China No. 230; revised in accordance with the Decision of the State Council on Revising the Regulations of the People's Republic of China on Nuclear Export Control on November 9, 2006)
Article 1 These Regulations are formulated to strengthen control over nuclear exports, prevent the proliferation of nuclear weapons, guard against acts of nuclear terrorism, safeguard national security and social and public interests, and promote international cooperation in the peaceful use of nuclear energy.
Article 2 For the purposes of these Regulations, “nuclear export” refers to the trade-related export of nuclear materials, nuclear equipment, non-nuclear materials for reactors, and other items listed in the Nuclear Export Control List (hereinafter referred to as the “Control List”), as well as related technologies, and the transfer of such items and technologies by means of foreign donation, exhibition, scientific and technological cooperation, assistance, or other means.
Article 3 The State exercises strict control over nuclear exports and strictly fulfills its international obligations relating to nuclear non-proliferation.
The State strictly restricts the export of nuclear proliferation-sensitive items, including uranium enrichment facilities and equipment, spent fuel reprocessing facilities and equipment, heavy water production facilities and equipment, and related technologies, as well as materials that may be used for nuclear weapons or other nuclear explosive devices.
Article 4 Nuclear exports shall comply with relevant national laws and administrative regulations and shall not harm national security or social and public interests.
Article 5 The examination and licensing of nuclear exports shall adhere to the following principles:
(1) The recipient government shall guarantee that nuclear materials, nuclear equipment, or non-nuclear materials for reactors supplied by China, as well as special fissionable materials produced through their use, shall not be used for any nuclear explosive purpose;
(2) The recipient government shall guarantee that appropriate physical protection measures are taken with respect to nuclear materials supplied by China and special fissionable materials produced through their use;
(3) The recipient government shall have concluded and brought into force a comprehensive safeguards agreement with the International Atomic Energy Agency (IAEA); this provision shall not apply to countries that have concluded voluntary safeguards agreements with the IAEA;
(4) The recipient shall guarantee that, without the prior written consent of the China Atomic Energy Authority (CAEA), it shall not re-transfer to any third party the nuclear materials, nuclear equipment, or non-nuclear materials for reactors supplied by China, or related technologies; where re-transfer is approved in advance, the third-party recipient shall assume obligations equivalent to those applicable to direct supply by China; and
(5) The recipient government shall guarantee that, without the consent of the Chinese Government, it shall not use uranium enrichment facilities or technologies provided by China, or any facilities based on such technologies, to produce enriched uranium with an enrichment level exceeding 20%.
Article 6 Nuclear exports shall be conducted exclusively by entities designated by the State Council.
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Order of the State Council of the People's Republic of China No. 480
November 9, 2006
(Promulgated on September 10, 1997 by Order of the State Council of the People's Republic of China No. 230; revised in accordance with the Decision of the State Council on Revising the Regulations of the People's Republic of China on Nuclear Export Control on November 9, 2006)
Article 1 These Regulations are formulated to strengthen control over nuclear exports, prevent the proliferation of nuclear weapons, guard against acts of nuclear terrorism, safeguard national security and social and public interests, and promote international cooperation in the peaceful use of nuclear energy.
Article 2 For the purposes of these Regulations, “nuclear export” refers to the trade-related export of nuclear materials, nuclear equipment, non-nuclear materials for reactors, and other items listed in the Nuclear Export Control List (hereinafter referred to as the “Control List”), as well as related technologies, and the transfer of such items and technologies by means of foreign donation, exhibition, scientific and technological cooperation, assistance, or other means.
Article 3 The State exercises strict control over nuclear exports and strictly fulfills its international obligations relating to nuclear non-proliferation.
The State strictly restricts the export of nuclear proliferation-sensitive items, including uranium enrichment facilities and equipment, spent fuel reprocessing facilities and equipment, heavy water production facilities and equipment, and related technologies, as well as materials that may be used for nuclear weapons or other nuclear explosive devices.
Article 4 Nuclear exports shall comply with relevant national laws and administrative regulations and shall not harm national security or social and public interests.
Article 5 The examination and licensing of nuclear exports shall adhere to the following principles:
(1) The recipient government shall guarantee that nuclear materials, nuclear equipment, or non-nuclear materials for reactors supplied by China, as well as special fissionable materials produced through their use, shall not be used for any nuclear explosive purpose;
(2) The recipient government shall guarantee that appropriate physical protection measures are taken with respect to nuclear materials supplied by China and special fissionable materials produced through their use;
(3) The recipient government shall have concluded and brought into force a comprehensive safeguards agreement with the International Atomic Energy Agency (IAEA); this provision shall not apply to countries that have concluded voluntary safeguards agreements with the IAEA;
(4) The recipient shall guarantee that, without the prior written consent of the China Atomic Energy Authority (CAEA), it shall not re-transfer to any third party the nuclear materials, nuclear equipment, or non-nuclear materials for reactors supplied by China, or related technologies; where re-transfer is approved in advance, the third-party recipient shall assume obligations equivalent to those applicable to direct supply by China; and
(5) The recipient government shall guarantee that, without the consent of the Chinese Government, it shall not use uranium enrichment facilities or technologies provided by China, or any facilities based on such technologies, to produce enriched uranium with an enrichment level exceeding 20%.
Article 6 Nuclear exports shall be conducted exclusively by entities designated by the State Council.
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