|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL RULES CHAPTER II ADMINISTRATIVE DUTIES CHAPTER III SAFEGUARD AND SUPERVISION OF IMPORT NUCLEAR MATERIALS CHAPTER IV SAFEGUARD AND SUPERVISION OF EXPORT NUCLEAR MATERIALS CHAPTER V SAFEGUARD AND SUPERVISION OF OTHER FOREIGN NUCLEAR COOPERATION CHAPTER VI LEGAL RESPONSIBILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL RULES Article 1. In order to strengthen the administration of the safeguard and supervision of nuclear import & export and other foreign nuclear cooperation, to earnestly perform the obligations as provided for in the Agreement of the Republic of China and the International Atomic Energy Agency on Continuing Safeguard in China and the attached protocol thereof, the agreements on cooperation of peaceful utilization of nuclear energy signed by the Chinese government and the governments of relevant countries, and other treaties or agreements related to nuclear safeguard and supervision, these Provisions have been formulated according to the Regulations on the Control of Nuclear Export and the relevant provisions of the State Council. Article 2. These Provisions shall apply to the import and export of nuclear materials, nuclear equipment, non-nuclear materials for reactor use and the relevant technologies listed in attachments 1 and 2 of these Provisions, to the particular kind of fissionable materials generated through the use thereof and to the other foreign nuclear cooperation listed in attachment 3. The "relevant technologies" mentioned in these Provisions shall refer to the technological data or documents related to nuclear non-proliferation that are designated before the transfer by the supplier after negotiating with the acceptor and that are specially used in the processing of nuclear materials and non-nuclear materials for reactor use listed in attachments 1 and 2, or those that are specially used in the design, manufacture, operation and maintenance of the nuclear equipment listed in attachment 2 or that are related to the other foreign nuclear cooperation listed in attachment 3. Article 3. The relevant production facilities, equipment and technology of enriched uranium, the disposition facilities, equipment and technology of irradiation fuel and the production facilities, equipment and technology of heavy water listed in attachment 2 of these Provisions are all nuclear proliferation sensitive materials. Exports of these materials shall be strictly controlled according to the policies of China on nuclear non-proliferation and the international obligations assumed. Article 4. All the nuclear imports and exports and other foreign nuclear cooperation involving nuclear safeguard and supervision shall be reported to the Commission of Science Technology and Industry for National Defense (hereinafter referred to the CSTIND) for examination. Article 5. It is prohibited to provide assistance to the nuclear facilities of the countries without nuclear weapons that haven't accepted the safeguard and supervision by the International Nuclear Energy Agency, and to conduct nuclear imports and exports or personnel and technology exchange and cooperation with those countries. CHAPTER II ADMINISTRATIVE DUTIES Article 6. The CSTIND shall be responsible for the administration of the safeguard and supervision of nuclear imports and exports and other foreign nuclear cooperation, and its duties shall be as follows: (1) formulating the provisions on the administration of safeguard and supervision of nuclear imports & exports and other foreign nuclear cooperation according to the State laws and regulations and the relevant international agreements that China has concluded or entered into; (2) organizing the implementation of the Agreement of the People's Republic of China and the International Atomic Energy Agency on Continuing Safeguard in China and the attached protocol thereof; (3) with respect to the important issues of safeguard and supervision involved in nuclear imports and exports and other foreign nuclear cooperation, presenting handling opinions to the Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to MOFTEC), and report to the State Council for examination and approval when necessary; (4) possessing the information about nuclear imports and exports of the materials subject to safeguard and supervision; directing the negotiations involving nuclear safeguard and supervision; examining the reports or applications on nuclear imports and exports and other foreign nuclear cooperation, and the relevant terms on safeguard and supervision in business contracts or cooperation agreements, and handling the relevant government security matters; (5) establishing and managing the measuring and controlling system of the nuclear materials subject to safeguard and supervision; organizing the research of and developing the technologies and methods for measuring and controlling of nuclear materials; (6) establishing the archives of nuclear imports & exports and other foreign nuclear cooperation of the State; informing the International Atomic Energy Agency of the status of nuclear imports and exports and relevant foreign nuclear cooperation of China; and (7) training working staff of safeguard and supervision and promoting the foreign exchange of safeguard and supervision business. The International Cooperation Department under the CSTIND shall concretely undertake the safeguard and supervision affairs of nuclear imports and exports and other foreign nuclear cooperation. Article 7. The CSTIND may, according to work needs, entrust relevant agencies to be responsible for the management of the measuring data of the nuclear materials subject to safeguard and supervision of the whole country, and the management of the archives of nuclear imports & exports and other foreign nuclear cooperation of the whole country, and may send personnel to accompany the inspectors of the International Atomic Energy Agency to make on-spot inspections when necessary. That entrusted agency may have direct contact with the units subject to safeguard and supervision with respect to the business entrusted to it. Article 8. The nuclear import and export units shall, according to the different situations of import and export, separately submit the corresponding reports or applications to the CSTIND according to these Provisions. Article 9. The units subject to safeguard and supervision shall be responsible for the daily operations of their own units, and their main duties are as follows: (1) studying and presenting the schemes according to which the import nuclear materials and the relevant facilities accept the safeguard and supervision, and the schemes shall, with the consent of the higher authority, be reported to the CSTIND for examination; (2) insuring the material balance of the nuclear materials subject to safeguard and supervision, and that no illegal use take place and the actual materials be under necessary protection; (3) filling in the report form of the facilities subject to safeguard and supervision, indicating the name, location, type, capacity of the facility and other relevant information according to the uniform format as provided for by the International Atomic Energy Agency; (4) establishing accounts for the nuclear materials subject to safeguard and supervision, recording the data of categories, quantities, isotope compositions and the changes thereof of the nuclear materials transported in, transported out, consumed and produced; (5) making regular measurements of the categories, quantities, isotope compositions of the nuclear materials subject to safeguard and supervision according to the data recorded in item (4) of this article, and making the corresponding reports; and (6) accepting the inspectors of the International Atomic Energy Agency to make on-spot inspections of the facilities subject to safeguard and supervision, assisting the inspectors in making and canceling the marks, sorting and counting the actual materials, setting up the monitoring appearances, sampling and analyzing, etc., and reporting the information about the inspections to the CSTIND. Article 10. The units participating in foreign nuclear cooperation shall, according to Article 26, Article 27 of these Provisions, submit the relevant reports and materials to the CSTIND. Article 11. The higher authorities of the units subject to safeguard and supervision may, according to the needs, establish the relevant agencies to manage the safeguard and supervision, to study the schemes submitted by the units subject to safeguard and supervision, and to direct and coordinate the safeguard and supervision work of the subordinate units. CHAPTER III SAFEGUARD AND SUPERVISION OF IMPORT NUCLEAR MATERIALS Article 12. The import units shall strictly carry out the policies of the State on nuclear imports and exports, the relevant provisions of the agreements on safeguard and supervision signed by China and the International Atomic Energy Agency, and the relevant provisions of the intergovernmental agreements on cooperation of peaceful utilization of nuclear energy signed by China and the relevant countries. Article 13. An import unit shall report the country from which the materials are imported, the name and quantity of the import materials (including the relevant technologies), the final user and whether the final user possesses the conditions for accepting safeguard and supervision and other matters to the CSTIND before the negotiation of the nuclear import contract. The issues of safeguard and supervision involved in the negotiation of the contract shall be reported to the CSTIND in a timely fashion. Before signing the nuclear import contract, the unit shall report the matters involving safeguard and supervision to the CSTIND for examination. Article 14. Where an import unit imports the materials and the relevant technologies listed in attachments 1 and 2 of these Provisions, at the request of the supplier and with consent of the final user and the high authority, the following contents may be included in the import contract: (1) the final user and usage of the import materials and the relevant technologies; (2) use of the import materials and the relevant technologies is permitted only for peaceful and non-explosive purposes; (3) retransfer to a third party without consent of the supplier is not permitted; and (4) request to take necessary protective measures for the actual materials. Article 15. Where an import unit imports the materials or relevant technologies listed in attachments 1 and 2 of these Provisions from a country without nuclear weapons, if the supplier raises the request for safeguard and supervision according to the governmental agreement on peaceful utilization of nuclear energy signed by that country and China, with the consent of the final user and the higher authority and the approval of the CSTIND, it may be promised to list the nuclear facilities using the materials or the relevant technologies in the list submitted to the International Atomic Energy Agency for safeguard and supervision according to the Agreement of China and the International Atomic Energy Agency on Carrying on Safeguard in China, and the State Atomic Energy Agency shall issue the written security documents bearing the contents included in the aforesaid Article 14 and this article and the promise made. If the supplier needs that the Ministry of Foreign Trade and Economic Cooperation issue certifications of the final user and usage, MOFTEC shall handle such certifications. Article 16. There is generally no requirement for safeguard and supervision where an import unit imports the materials and the relevant technologies listed in attachments 1 and 2 of these Provisions from a country with nuclear weapons. If the supplier raises the request for safeguard and supervision, it shall be dealt with according to the provisions of the cooperation agreement signed by China and that country and other bilateral agreements. Where it is really necessary, and with the consent of the final user and its higher authority and upon the approval of the CSTIND, it may be promised to provide the list of the nuclear facilities using the materials or the relevant technologies in the list submitted to the International Atomic Energy Agency for safeguard and supervision according to the Agreement of China and the International Atomic Energy Agency on Continuing Safeguard in China, and the State Atomic Energy Agency shall issue the written security documents bearing the contents included in the aforesaid Article 14 and this article and the promise made. If the supplier needs MOFTEC to issue certifications of the final user and usage, MOFTEC shall handle such certifications. Article 17. When importing the materials and the relevant technologies listed in attachments 1 and 2 of these Provisions, an import unit shall, within 15 days of receiving the supplied materials, report the names and quantities of those supplied materials (main contents of the relevant technologies), the supplying country, the final user and other relevant matters to the CSTIND for record. CHAPTER IV SAFEGUARD AND SUPERVISION OF EXPORT NUCLEAR MATERIALS Article 18. Nuclear exports shall be carried out strictly according to the Regulations of the People's Republic of China on the Control of Nuclear Exports, the agreement on safeguard and supervision signed by China and the International Atomic Energy Agency and the protocol thereof, and the agreements on nuclear energy cooperation signed by China and the relevant countries. The issues of safeguards and supervisions involved in business negotiations shall be reported to the CSTIND without delay. Article 19. Where an export unit exports the materials and the relevant technologies listed in attachments 1 and 2 of these Provisions, the export contract shall include the following contents: (1) the final user and usage of the export materials and the relevant technologies; (2) the use of export materials and the relevant technologies only for peaceful and non-explosive purposes; (3) Refrain from retransfer to a third party without the prior written consent of the supplier; where consent is given to the retransfer, the third party accepting the retransfer shall bear the obligations that shall be born when China is the direct supplier; and (4) contract may take effect only after being examined and verified by the competent department of the Chinese government. Article 20. Where an export unit exports the materials and the relevant technologies listed in attachments 1 and 2 of these Provisions to a country without nuclear weapons that hasn't accepted the full safeguard and supervision of the International Energy Agency, the authority of the accepting government shall issue the security documents containing the following contents to the State Atomic Energy Agency of China with respect to the materials or the relevant technologies supplied by China and the particular kind of fissionable materials generated through the use thereof: (1) the final user and usage; (2) approval for peaceful and non-explosive purposes only; (3) acceptance of the safeguard and supervision of the International Atomic Agency according to the pre-existing agreement on safeguard or through newly signing a agreement on safeguard, and the refrain from transferring them to use on the nuclear facilities not subject to safeguard and supervision of the International Atomic Agency under any circumstance; (4) refrain from the retransfer to a third party without prior written consent of the State Atomic Agency of China; where a retransfer is consented, the third party accepting the retransfer shall bear the obligations that should be born when China is the direct supplier; and (5) the taking of necessary protective measures for the actual materials with respect to the relevant documents of the International Atomic Agency. Article 21. Where an export unit exports the materials and the relevant technologies listed in attachments 1 and 2 of these Provisions to a country without nuclear weapons that has accepted the full safeguards and supervision of the International Atomic Agency, the authority of the accepting country shall issue the security documents containing the following contents to the State Atomic Agency of China: (1) the final user and usage; (2) a list of the materials supplied by China in its pre-existing agreement on full safeguard and supervision, with the International Atomic Agency carrying out safeguard and supervision; (3) agreement not to retransfer to a third party without prior written consent of the State Atomic Energy Agency of China; and (4) agreement to take protective measures for those materials. Article 22. There is generally no requirement for safeguard and supervision for exporting the materials and the relevant technologies listed in attachments 1 and 2 of these Provisions to a country with nuclear weapons; but whether to raise request for safeguard where such export involves the sensitive materials and relevant technology mentioned in Article 3, and whether to require the authority of the accepting government to provide written documents of security when exporting the materials and relevant technologies listed in attachments 1 and 2 shall be dealt with according to the provisions of the agreement on cooperation of peaceful utilization of nuclear energy and other bilateral agreements signed between China and the government of that country. Article 23. If the accepting party proposes to retransfer the materials and relevant technology listed in attachments 1 and 2 of these Provisions exported by China, such retransfer shall be reported by the original export unit to the original examining and approving unit for examination and approval. Article 24. A unit applying for export shall fill in the nuclear export application form and submit the following documents: (1) the certification of the qualification of the unit applying for export for exclusive operation of nuclear export; (2) the identity certificates of the legal representative, the principal operating and managing person and the handling person of the unit applying for export (3) copy of the contract or agreement; (4) report on analysis of the nuclear materials or the non-nuclear materials for reactor use (when the export materials are nuclear materials or non-nuclear materials for reactor use); (5) certification of the final user; (6) written security documents provided by the authority of the accepting government as provided for in Article 20, Article 21 and Article 22 of these Provisions; and (7) other documents to be submitted as required by the examining organ. Article 25. A unit applying for nuclear export shall, after receiving the license for nuclear export, report the name, quantity, shipping date, final user, accepting country and other information of the export materials (including the relevant technologies) to the CSTIND in written form. If the export materials are nuclear materials and the quantity is smaller than the quantity listed in attachment 1 of these Provisions, the unit shall, 10 days before the shipment, report the name, quantity, shipping date, final user, accepting country, etc. to the CSTIND for record. CHAPTER V SAFEGUARD AND SUPERVISION OF OTHER FOREIGN NUCLEAR COOPERATION Article 26. The units conducting nuclear cooperation other than nuclear import & export with countries without nuclear weapons shall, according to the policies of China on non-proliferation of nuclear weapons, strictly execute the relevant provisions of the agreements on cooperation of peaceful utilization of nuclear energy signed by China the aforesaid relevant countries and the agreement on safeguard signed between China and the International Atomic Energy Agency and the protocol thereof. Article 27. A unit that engages in the foreign nuclear cooperation related to attachment 3 shall, before signing the cooperation agreement with the other party, submit the documents of agreement to the CSTIND for examination, and shall, within 30 days from the actual commencement of such cooperation (including changes of the contents and scale of the cooperation), submit the corresponding report to the CSTIND according to the contents of the actual cooperation and based on the format listed in attachment 9. CHAPTER VI LEGAL RESPONSIBILITIES Article 28. The nuclear import units, the units participating in foreign nuclear cooperation, the units subject to safeguard and supervision and the relevant personnel thereof shall abide by these Provisions strictly. If anyone, in violation of these Provisions, fails to report according to the procedures in a timely fashion or practices frauds thus causing damages to the State interests, he will be criticized and educated, or be given administrative punishment according to law regarding the seriousness of the circumstances; where a crime is constituted, the criminal responsibilities shall be investigated. Article 29. The administrative agencies of safeguard and supervision and the working staff thereof shall strictly perform the obligations as provided for by these Provisions. If anyone, in violation of these Provisions, neglects his duties, practices favoritism or abuses his powers and thus causes damages to the State interests, he shall be given administrative punishment; where a crime is constituted, the criminal responsibilities shall be investigated. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 30. The power to interpret these Provisions shall remain with the CSTIND jointly with the Ministry of Foreign Affaires and MOFTEC. Article 31. These Provisions shall come into force as of March 1, 2002. Attachments: 1. Nuclear Materials Import & Export Control List (omitted) 2. Import & Export Control List of Non-nuclear Materials for Nuclear Equipment & Reactors (omitted) 3.Other Foreign Nuclear Cooperation Control List (omitted) 4. Nuclear Import Negotiation Advance Report (omitted) 5. Nuclear Materials Import Delivery Report (omitted) 6. Non-nuclear Materials for Nuclear Equipment & Reactors Delivery Report (omitted) 7. Nuclear Materials Export Shipment Report (omitted) 8. Non-nuclear Materials for Nuclear Equipment & Reactors Export Shipment Report (omitted) 9. Other Nuclear Foreign Cooperation Report (omitted) |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|