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The State Council decides to make the following amendments to the Regulation of the People's Republic of China on the Control of Nuclear Export: I. Article 1 shall be amended as: "This Regulation is formulated for the purpose of strengthening the control of nuclear export, preventing the nuclear proliferation, guarding against the acts of nuclear terrorism, safeguarding State security, social and public interests, and promoting international cooperation in peaceful utilization of nuclear energy." II. Article 2 shall be amended as: "The term 'nuclear export' as mentioned in this Regulation refers to the trading export, gifts to and exhibitions in foreign countries or regions, as well as scientific and technological cooperation with and assistance to foreign countries or regions that involve nuclear materials, nuclear equipment, non-nuclear materials used for reactors and other items as well as their related technologies outlined in the Nuclear Export Control List (hereinafter referred to as the Control List)." III. Paragraph 2 of Article 3 shall be amended as: "The State strictly prohibits the export of uranium enrichment facilities and equipment, irradiated fuel handling facilities and equipment, heavy water production facilities and equipment, and other items, the related technologies and sensitive items of nuclear proliferation, as well as the materials that can be used for nuclear weapons or other nuclear explosive devices." IV. Item (3) of Article 5 shall be amended as: "The government of the receiving party has concluded a comprehensive safeguards agreement with the International Atomic Energy Agency. This prescription shall not be applicable to those countries which have concluded voluntary safeguards agreements with the International Atomic Energy Agency." At the same time, a new item shall be added as Item (5): "The government of the receiving party shall guarantee from producing, without prior consent of the Chinese government, the enriched uranium whose enrichment is 20% or more by using the China-supplied uranium enrichment facilities or technology or other facilities based thereon." V. A new article shall be added as Article 16: "The customs house may put forward a challenge on whether a nuclear export certificate should be obtained for the export operator to export items and their technologies, and may require it to apply to the Ministry of Commerce for a certificate on whether its export falls into the scope of nuclear export control; if the export falls into the scope of nuclear export control, the export operator shall apply for a nuclear export license according to the provisions in this Regulation." VI. Article 16 shall be changed into Article 17, and amended as: "When the receiving party or its government contravenes the guarantees it made according to Article 5 of this Regulation or any danger of nuclear proliferation or nuclear terrorism emerges, the Commission of Science Technology and Industry for National Defense and the Ministry of Commerce shall, jointly with the Ministry of Foreign Affairs and other related departments of the State Council, have the power to make a decision to suspend the export of relevant items or related technologies, and shall notify the customs house in writing for implementation." VII. Article 17 shall be changed into Article 18, and amended as: "Anyone who exports nuclear materials, nuclear equipment or non-nuclear materials used for reactors against this Regulation shall be punished according to the Customs Law. Anyone who exports related technologies outlined in the Control List against this Regulation shall be given a warning by the Ministry of Commerce, and shall be fined with one to five times of illegal business volume; in case the illegal business volume is less than 50,000 yuan, the violator shall be fined with 50,000 yuan to 250,000 yuan; where there are illegal proceeds, the illegal proceeds shall be confiscated; and if a crime is constituted, the violator shall be subject to criminal liabilities." VIII. Article 18 shall be changed into Article 19, and amended as: "Anyone who counterfeits, alters, sells or buys the nuclear export license or obtains the nuclear export license by frauds or other unjustifiable means shall be punished according to the relevant laws and administrative regulations; and if a crime is constituted, the violator shall be subject to criminal liabilities." IX. Article 20 shall be changed into Article 21, and amended as: "China Atomic Energy Authority can, jointly with the Commission of Science Technology and Industry for National Defense, the Ministry of Commerce, the Ministry of Foreign Affairs and the General Administration of Customs, adjust the Control List and promulgate it in light of the actual situation." X. A new article shall be added as Article 23: "The export of items and related technologies outlined in the Control List from bonded warehouses, bonded areas, export processing zones or other special areas or bonded areas under the special supervision of the customs house shall be governed by this Regulation. The transit, transshipment or pass of items and related technologies outlined in the Control List shall be governed by this Regulation by analogy." In addition, the order of articles and some wording shall be adjusted and revised accordingly. This Decision shall come into force on the date of promulgation. The Regulation of the People's Republic of China the Control of Nuclear Export shall be amended according to this Decision, and be re-promulgated. |
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