Regulations of the People's Republic of China on Control of Nuclear Export (2006 Revision)

Regulations of the People's Republic of China on Control of Nuclear Export (2006 Revision) Regulations of the People's Republic of China on Control of Nuclear Export (Promulgated by Decree No. 230 of the State Council of the People's Republic of China on September 10, 1997, and revised according to the Decision of the State Council on Amending the Regulations of the People's Republic of China on Control of Nuclear Export on November 9, 2006) Article 1 These Regulations are formulated for the purposes of strengthening control of nuclear export, preventing proliferation of nuclear weapons, protecting against nuclear terroristic activities, safeguarding State security and social and public interests, and promoting international cooperation in peaceful utilization of nuclear energy. Article 2 The term "nuclear export" in these Regulations means export for trade of nuclear materials, nuclear equipment, non-nuclear materials for reactors and other items as well as their related technologies included in the Nuclear Export Control List (hereinafter referred to as the Control List ), and gift to and exhibition in, scientific and technological cooperation with and assistance to as such and transfer thereof to foreign countries or regions. Article 3 The State tightly controls nuclear export and strictly performs its international obligations with regard to non-proliferation of nuclear weapons. The State strictly restricts the export of facilities and equipment for uranium enrichment, irradiated fuel reprocessing, and heavy water production and other items, related technologies as well as other nuclear proliferation sensitive items and the export of materials usable for nuclear weapons and other nuclear explosive devices. Article 4 Nuclear export shall comply with the provisions of the relevant laws and administrative regulations of the State, and shall not jeopardize State security or social and public interests. Article 5 The following principles shall be observed in examining and licensing nuclear export; (1)The government of the receiving party shall guarantee not to use for any nuclear explosion purposes the China-supplied nuclear materials, nuclear equipment, or non-nuclear materials for reactors as well as the special fissionable materials produced through the use of the said nuclear materials and equipment. (2)The government of the receiving party shall guarantee to take appropriate physical protection of the China-supplied nuclear materials as well as the special fissionable materials produced through the use of the said nuclear materials. (3)The government of the receiving party has concluded a valid comprehensive safeguards agreement with the International Atomic Energy Agency. This provision is not applicable to any country that has concluded a voluntary offer safeguards agreement with the International Atomic Energy Agency. (4)The receiving party shall guarantee not to retransfer, without prior written consent of the China Atomic Energy Authority, to a third party the China-supplied nuclear materials, nuclear equipment or non-nuclear materials for reactors as well as the related technologies. If prior consent is given to the retransfer, the third party that accepts the retransfer shall undertake the same obligations as those it shall undertake when China makes a direct supply to it. (5)The government of the receiving party shall guarantee not to produce, without the consent of the Chinese government, enriched uranium, the enrichment of which is more than 20%, by using China-supplied uranium enrichment facilities, technologies, or any other facilities based on such technologies. Article 6 Nuclear export ......