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Article 1. The present measures are hereby formulated with a view to strengthening the administration of transshipment and territory transit of nuclear products, maintaining the state security and public benefits, preventing proliferation of nuclear weapons, and promoting international cooperation on peaceful utilization of nuclear products. Article 2. Nuclear products mentioned in the present measures shall refer to the nuclear products enumerated in the "Nuclear Export Control List" attached to the Regulation of the People's Republic of China on Control of Nuclear Export. Article 3. The state shall strictly administer the transshipment and territory transit of nuclear products, and implement its international obligation of no proliferation of nuclear weapons. Article 4. The transshipment and territory transit of nuclear products shall be in compliance with the relevant laws and administrative regulations of the state, as well as the international obligations that China assumes, and the nuclear products shall be prevented from harming the public and the environment. Article 5. The criteria for examining and approving transshipment and territory transit of nuclear products are as follows: (1) the government of the nuclear product importing country guarantees in writing that the nuclear products transiting via the territory of China may only be used for peaceful purposes; (2) the government of the nuclear product importing country has concluded a valid safeguards agreement with the International Atomic Energy Agency, and promises to incorporate the nuclear products transiting via the territory of China into the safeguards agreement, and to accept the safeguards of the International Atomic Energy Agency; (3) the government of the nuclear product importing country guarantees to take appropriate physical protection of the nuclear products transshipped via the territory of China. Article 6. The transport of nuclear materials in nuclear products and nuclear equipment stained with radioactive element shall be in compliance with the Provisions on Safe Transport of Radioactive Substance (GB11806-89). The nuclear equipment not stained with radioactive element may be considered mechanical products for transport. Article 7. An "operator" of nuclear products under territory-transit transshipment needs to have the right to operate the business of international freight agency and the right to operate the business of territory-transit freight agency, and also to have the right to operate territory-transit transshipment of nuclear products, which is approved by the Commission of Science, Technology and Industry for National Defense. Article 8. The system of permit upon examination shall be applied to the transshipment and territory transit of nuclear products, and the approval formalities shall be as follows: (1) an entity undertaking the transshipment and territory transit of nuclear products shall, before carrying the nuclear products to transit the territory, submit the application documents for transshipment and territory transit of the nuclear products to China Atomic Energy Authority; (2) China Atomic Energy Authority shall propose its opinions of examination within 15 working days, and submit the application documents to the MOFTEC for reexamination; and (3) the MOFTEC shall, within 15 working days after granting the approval upon reexamination, issue the documents on permit of transshipment and territory transit of the nuclear products to the applicant, and make copies to the General Administration of Customs and China Atomic Energy Authority. Article 9. As for the transshipment and territory transit of nuclear products that are of great influence to the state security, public benefits or diplomatic policies, the Commission of Science, Technology and Industry for National Defense and the MOFTEC shall, when handling the examination and reexamination, consult with the Ministry of Foreign Affairs, and shall, when necessary, report to the State Council for approval. Article 10. The applicant shall show the permit documents, of his own accord, to the customs, and the customs shall, with the permit documents checked and issued by the MOFTEC, handle the formalities of transshipment and territory transit of the nuclear products in accordance with the customs provisions. Article 11. The applicant shall, before each operational transport, submit the physical protection documents to the Ministry of Public Security for record. Article 12. In case of any change in the contents of application during the transshipment and territory transit of nuclear products, the applicant shall file a new application. Article 13. The applicant must, after the contract on transshipment and territory transit of nuclear products comes into validity, report the results on operational transport to China Atomic Energy Authority for record. Article 14. Any entity or individual who violates the present measures to undertake transshipment and territory transit of nuclear products shall be penalized in accordance with the Customs Law and the Foreign Trade Law. If it/he commits a crime, it/he shall be investigated for criminal liabilities in accordance with the law. Article 15. Whoever forges, alters, buys or sells the documents on permit of transshipment and territory transit of nuclear products shall be investigated for criminal liabilities in accordance with the law. Article 16. The responsibility to interpret the present measures shall remain with the Commission of Science, Technology and Industry for National Defense, the MOFTEC and the General Administration of Customs. Article 17. The present measures shall come into force on the date of their promulgation. |
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