Regulations of the People's Republic of China on the Export Controls of Nuclear-Related Dual-Use Items and Technologies (2007)

Regulations of the People's Republic of China on the Export Controls of Nuclear-Related Dual-Use Items and Technologies (2007)

Order of the State Council No. 484

January 26, 2007

(Promulgated by Order No. 245 of the State Council of the People's Republic of China on June 10, 1998 and revised in accordance with the Decision of the State Council on the Revision of the Regulations of the People's Republic of China on Export Controls of Dual-Use Nuclear Products and Relevant Technologies on January 26,2007)

Article 1 The Regulations have been formulated with the goal of strengthening the administration and control over the export of nuclear facilities that can be used for both military and civil purposes and the related technologies (hereinafter referred to as nuclear-related dual-use items and technologies) so as to prevent the proliferation of nuclear weapons, guard against nuclear terrorist activities, promote international cooperation on the peaceful utilization of nuclear energy, and to safeguard the national security and social benefits.

Article 2 The export of nuclear-related dual-use items and technologies stipulated in the regulations refers to the export of the equipment, materials, software, and related technologies listed in the Detailed List of nuclear-related dual-use items and technologies Restricted for Export (hereinafter referred to as the Restriction List), as well as the granting, exhibiting, technological cooperation, foreign aiding, service and other auxiliary materials and cooperation in alternative ways.

Article 3 The State shall enforce strict administration and control over the export of nuclear-related dual-use items and technologies, strictly abides by its due international obligation of nuclear non-proliferation, and prevent the use of nuclear-related dual-use items and technologies for the purposes of nuclear explosions and nuclear terrorist activities.
In order to protect and safeguard national security and maintain international peace and security, the State may take any measures that are necessary against the export of nuclear-related dual-use items and technologies.

Article 4 The exports of nuclear-related dual-use items and technologies should conform to relevant laws, administrative regulations as well as provisions of the Regulations, and should not jeopardize the national security and social and public interests of China.

Article 5 The State shall institute and implement a licensing system for the export of nuclear-related dual-use items and technologies.

Article 6 The license for the export of nuclear-related dual-use items and technologies shall be based on the following promises and guarantee on the part of the recipient party:
1. The recipient party shall promise and guarantee that it shall not use the nuclear-related dual-use items and technologies or any of their duplicates and/or parts supplied by China for the purposes of nuclear explosions and other purposes other than the original and/or final purposes as is stated by it;
2. The recipient party shall promise and guarantee that it shall not use the nuclear-related dual-use items and technologies or any of their duplicates and/or parts supplied by China in nuclear fuel cycle activities that have not passed safety inspections by the International Atomic Energy Agency.
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