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IV. Concrete Measures for Non-Proliferation Export Control
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| In the nuclear field, China has persisted in exercising stringent control over nuclear exports and nuclear materials. In nuclear materials control, since its accession to the IAEA, China has established a “State System for the Accountancy and Control of Nuclear Materials,” and a “Nuclear Materials Security System” that measures up to the requirements of the Convention on the Physical Protection of Nuclear Materials. In 1987, the Chinese government issued the Regulations on the Control of Nuclear Materials. Under the Regulations it instituted a licensing system for nuclear materials. It designated the department for supervision and control over nuclear materials and defined its duties, the measures for nuclear materials control, the application for, and examination and issuance of, nuclear materials licenses, the management of nuclear materials accounts, the accountancy of nuclear materials, the physical protection of nuclear materials, and relevant rewards and punishments. China’s nuclear export is handled exclusively by the companies designated by the State Council. China adheres to the following three principles: guarantee for peaceful use only, acceptance of the safeguards of the IAEA, and no retransfer to a third country without the prior consent of the Chinese government. The Chinese government issued the Regulations of the PRC on the Control of Nuclear Export in 1997. Apart from the above-mentioned three principles, the Regulations also expound on China’s policy of not advocating, not encouraging and not engaging in the proliferation of nuclear weapons, not helping other countries to develop nuclear weapons, not providing any assistance to any nuclear facility not placed under IAEA safeguards, not providing nuclear exports to it, and not conducting personnel and technological exchange or cooperation with it. The Regulations also provide for a rigorous examination system for nuclear export, severe violation punishments and a comprehensive and detailed control list. In 1998, the Chinese government promulgated the Regulations of the PRC on the Control of Nuclear Dual-Use Items and Related Technologies Export. Therein it reaffirms its determination of strictly performing its international nuclear non-proliferation obligations and exercising strict control over the export of nuclear dual-use items and related technologies, and it instituted a licensing system for related exports. It established a registration system for exporters and the procedures for the examination and approval of exports, and defined punishments for violations of the Regulations. The Amendments to the Criminal Law of the PRC adopted in December 2001 designate as criminal offenses such acts as illegally manufacturing, trafficking and transporting radioactive substances, and stipulate corresponding punishments for such offenses. In the biological field, China has promulgated and implemented a series of laws, statutes and regulations in the past two decades and more, including: the Criminal Law of the PRC in 1979; the Tentative Measures on the Stockpiling and Management of Veterinarian Bacteria Culture in 1980; the Regulations on the Management of Veterinary Medicines in 1987; the Law of the PRC on the Prevention and Control of Infectious Diseases in 1989; the Law on the Quarantine of Animals and Plants Brought into or Taken Out of the Chinese Territory in 1991; the Measures for the Control of Biological Products for Animal Uses and the Procedures for the Safe Administration of Agricultural Biological Gene Engineering in 1996; and the Standards for the Quality of the Biological Products for Animal Uses in 2001. These laws, statutes and regulations have made strict provisions on the production, control, use, stockpiling, carriage and transfer of relevant bacteria (viruses), vaccines and biological products. The Amendments to the Criminal Law of the PRC adopted in December 2001 designate as criminal offenses such acts as illegally manufacturing, trafficking, transporting, stockpiling or using infectious pathogens, and stipulate corresponding punishments for such offenses. In October 2002, the Chinese government promulgated the Regulations of the PRC on the Export Control of Dual-Use Biological Agents and Related Equipment and Technologies, and the control list. It instituted a licensing system for the export of dual-use biological agents and related equipment and technologies, and a registration system for the exporters, and established the principle that the relevant exports shall not be used for biological weapon purposes, that without prior consent of the Chinese government, the dual-use biological agents and related equipment and technologies supplied by China shall not be used for purposes other than the declared end-use, or be retransferred to a third party other than the declared end-user. Besides, the Regulations also provide strict procedures for export examination and approval and punishments for violations of the Regulations. In the chemical field, the Chinese government promulgated between 1995 and 1997 the Regulations of the PRC on the Administration of the Controlled Chemicals, the Controlled Chemicals List and the Detailed Rules for the Implementation of the Regulations of the PRC on the Administration of the Controlled Chemicals, designating the department in charge of the supervision of the controlled chemicals and defining its duties, making a detailed classification of the controlled chemicals and exercising strict control over the production, sale, use, import, and export of sensitive chemicals. Under the Regulations, the import and export of the controlled chemicals must be handled by the designated departments. No other department or individual is permitted to engage in import and export of these items. In 1998, the Chinese government added 10 controlled chemicals to the Controlled Chemicals List. The Amendments to the Criminal Law of the PRC adopted in December 2001 designate as criminal offenses such acts as illegally manufacturing, trafficking, transporting, stockpiling or using toxic materials, and stipulate corresponding punishments for such offenses. In October 2002, the Chinese government further promulgated the Measures on the Export Control of Certain Chemicals and Related Equipment and Technologies, and the control list. The Measures are a substantive supplement to the Regulations on the Administration of the Controlled Chemicals, not only adding 10 chemicals to the list, but also providing for the export control of the related equipment and technologies. The Measures provide a licensing system for the export of the materials and technologies on the control list. They require importers to guarantee that the controlled chemicals and related equipment and technologies supplied by China shall not be used for stockpiling, processing, producing or handling chemical weapons, or for producing precursor chemicals for chemical weapons, and that, without the prior consent of the Chinese government, the related materials and technologies shall not be used for purposes other than the declared end-use or be retransferred to a third party other than the declared end-user. The Measures also provide a registration system for exporters and corresponding rules for the examination and approval of such exports, as well as punishments for violations of the Regulations. In the missile field, China has always taken a prudent and responsible attitude toward the export of missiles and related technologies. The Chinese government declared in 1992 that it would act in line with the guidelines and parameters of the MTCR in its export of missiles and related technologies. In 1994, it committed itself not to export ground-to-ground missiles featuring the primary parameters of the MTCR — i.e. inherently capable of reaching a range of at least 300 km with a payload of at least 500 kg. In 2000, China further declared that it had no intention to assist, in any way, any country in the development of ballistic missiles that can be used to deliver nuclear weapons, and that it would formulate and publish regulations on the missile export control and the relevant control list. In August 2002, the Chinese government promulgated the Regulations of the PRC on Export Control of Missiles and Missile-Related Items and Technologies, and the control list. The Regulations and the list, in light of the actual conditions in China and the prevailing international practice, adopt a licensing system for the export of missiles, items and technologies directly used for missiles, and missile-related dual-use items and technologies. The Regulations provide that the receiving party of the export shall guarantee not to use missile-related items and technologies supplied by China for purposes other than the declared end-use, or retransfer them to a third party other than the declared end-user without the consent of the Chinese government. They also provide for strict procedures for the examination and approval of such exports, and the punishments for violations of the Regulations. In the arms export field, in addition to the above-mentioned special regulations, the Chinese government promulgated the Regulations of the PRC on the Administration of Arms Export in 1997, and revised them in 2002 in order to strengthen the administration of arms export and to regulate arms export. The Regulations reaffirm the three principles that China has always adhered to in its arms exports: being conducive to the capability for just self-defense of the recipient country, no injury to the peace, security and stability of the region concerned and the world as a whole, and no interference in the internal affairs of the recipient country. The Regulations also stipulate that arms export can only be handled by arms trading companies which have obtained the business operations right for arms export; that arms export shall be subjected to a licensing system; and that dual-use products whose end-use is for a military purpose shall be regarded as military products and be placed under control. In November 2002, the Chinese government issued the Military Products Export Control List as a supplement to the Regulations on the Administration of Arms Export, exercising, for the first time, arms export control according to the list. The List contains a detailed classification of conventional weapons and armaments, constituting a framework structure with the main body of four levels of weapon components, weapon categories, main systems or components of weapons, and the parts and components, technologies and services directly related to the weapon equipment, thus providing a scientific and powerful legal guarantee for strengthening the control of the arms trade and arms export. In addition, the Regulations on the Import and Export Control of Technologies
issued by the Chinese government in 2001 also stipulate that strict control
shall be exercised over the export of nuclear technologies, technologies
related to dual-use nuclear products, the production technologies of controlled
chemicals, and military technologies. The Customs Law of the PRC and the
Administrative Punishments Law of the PRC also provide a legal basis for
non-proliferation export control.
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