Laws of the People's Republic of China

    Article 1  These Regulations are formulated for the purpose of enhancing
nuclear export control, safeguarding state security and public interest of society and promoting international cooperation in the peaceful uses of nuclear energy.

    Article 2  Nuclear export referred to in these Regulations means export
for trade as well as grant to foreign countries, exhibitions, scientific-
technological cooperation and foreign assistance of such items as nuclear
materials, nuclear equipment and non-nuclear materials for reactors and their
related technologies listed in the (hereinafter
referred to as the ) as the appendix to these Regulations.

    Article 3  The State exercises strict control over nuclear export and
strictly abides by the international obligations undertaken for non-
proliferation of nuclear weapons.

    The State does not advocate, encourage or engage in proliferation of nuclear weapons, nor shall it assist other countries in the development of nuclear weapons. Nuclear export shall only be used for peaceful purposes
and shall be subject to safeguards and supervision of the International
Atomic Energy Agency, and an acceptor must not transfer it to any third
country without the permission of the Chinese Government. The State
prohibits provision of assistance to nuclear facilities not under the
safeguards and supervision of the International Atomic Energy Agency,
and no nuclear export to them or personnel and technological exchanges
and cooperation shall be conducted.

    Article 4  Nuclear export shall abide by the provisions of the relevant
state laws and regulations and must not harm state security or public interest
of society.

    Article 5  Examination of and permission for nuclear export shall abide
by the following norms:

    (1)The acceptor government shall guarantee that the nuclear materials,
nuclear equipment or non-nuclear materials for reactors supplied by China
as well as the special fissionable materials produced through the uses
thereof shall not be used for the purpose of any nuclear explosion;

    (2)The acceptor government shall guarantee that it shall take approriate
in-kind protective measures for the nuclear materials supplied by China as
well as the special fissionable materials produced through the uses thereof;

    (3)The acceptor government has concluded with the International Atomic
Energy Agency the agreement for safeguards and supervision which is in force
and has undertaken to integrate into the agreement for safeguards and
supervision the nuclear materials, nuclear equipment or non-nuclear materials
for reactors supplied by China as well as the special fissionable materials
produced through the uses thereof and accept the safeguards and supervision
of the International Atomic Energy Agency;

    (4)The acceptor pledges that it will not retransfer to any third party
the nuclear materials, nuclear equipment or non-nuclear materials for
reactors and the related technologies thereof supplied by China without
advance permission in writing of the State Atomic Agency of China; for
retransfer with advance permission, the third party accepting the retransfer
shall undertake the obligations equivalent to those taking direct supply
from China.

    Article 6  Nuclear export shall be monopolized by units designated by the
State Council, and no other unit or individual shall engage in the operations.

    Article 7  For export of items and the related technologies thereof listed
in the , an application shall be filed with the State Atomic
Energy Agency, an application form for nuclear export filled out and the
following documents presented:

    (1)Certification of monopoly qualification for nuclear export of the
applicant;

    (2)Identifications of the legal representative, chief manager in the
operations as well the person handling the operations of the applicant;

    (3)A copy of the contract or agreement;

    (4)Analytical reports of the nuclear materials or non-nuclear materials
for reactors;

    (5)Certification of the end user;

    (6)Certification of guarantee provided by the acceptor pursuant to the
provisions of Article 5 of these Regulations; and

    (7)Other documents required to be presented by the examination organ.

    Article 8  The applicant shall truthfully fill out the application form
for nuclear export.

    Application forms for nuclear export shall be uniformly printed by the
State Atomic Energy Agency.

    Article 9  The applicant shall file revisions in time in the case of changes in the itmes filled out in the application form for nuclear export
or file a new application for export.

    The applicant shall withdraw the application for nuclear export in time
in the case of suspension of nuclear export.

    Article 10  The State Atomic Energy Agency shall, within fifteen working
days starting from the date of the receipt of the application form for
nuclear export and the documents listed in Article 7 of these Regulations,
put forth its remarks of examination and notify the applicant; for those
approved upon examination, the cases shall be processed pursuant to the
following provisions in the light of different circumstances:

    (1)For export of nuclear materials, the case shall be transmitted to
the Defense Science Technology and Industries Commission for reexamination;

    (2)For export of nuclear equipment or non-nuclear materials for reactors
and the related technologies thereof, the case shall be transmitted to the
Ministry of Foreign Trade and Economic Cooperation for reexamination or to
the Ministry of Foreign Trade and Economic Cooperation for reexamination
in conjunction with the Defense Science Technology and Industries Commission.

    The Defense Science Technology and Industries Commission and the Ministry
of Foreign Trade and Economic Cooperation shall, within fifteen working days
starting from the date of receipt of the application form for nuclear export,
the documents listed in Article 7 of these Regulations and the remarks of examination transmitted by the State Atomic Energy Agency, put forth remarks
of reexamination and notify the applicant.

    In the case of necessity to extend the time limit for examination or
reexamination by the State Atomic Energy Agency, the Defense Science
Technology and Industries Commission and the Ministry of Foreign Trade and
Economic Cooperation owing to extraordinary circumstances, an extension of fifteen working days may be effected in which case, however, the applicant
should be notified.

    Article 11  For nuclear export having important impact on state security,
public interest of society or foreign policy, the State Atomic Energy Agency,
the Defense Science Technology and Industries Commission and the Ministry of Foreign Trade and Economic Cooperation should consult with the Ministry of Foreign Affairs in the examination or reexamination; the case should be
submitted to the State Council for examination and approval when necessary.

    The cases submitted to the State Council for examination and approval
shall not be subject to the time limit prescribed in Article 10 of these
Regulations.

    Article 12  The Ministry of Foreign Trade and Economic Cooperation
shall issue nuclear export licenses to applications for nuclear export upon
approval after reexamination or examination and approval pursuant to the
provisions of these Regulations.

    Article 13  A holder of the nuclear export license should return the
original license for changes in the export items and the related technologies
thereof in the original application and reapply for a nuclear export license
pursuant to the provisions of these Regulations.

    Article 14  The Ministry of Foreign Trade and Economic Cooperation
should inform the State Atomic Energy Agency in writing of the issuance of a nuclear export license.

    Article 15  A nuclear export monopoly unit should, in the process of nuclear export, present the nuclear export license to the customs, go through
customs formalities pursuant to the provisions of the Customs Law and accept
customs supervision and control.

    Article 16  In the case of violation of the guarantee made pursuant to
the provisions of Article 5 of these Regulations by the acceptor or its
government, or when the danger of nuclear proliferation arises, the Ministry
of Foreign Trade and Economic Cooperation is, in conjunction with the
departments concerned under the State Council, empowered to make a decision on
the suspension of export of the items concerned or the related technologies
thereof, and the Ministry of Foreign Trade and Economic Cooperation shall
inform the customs in writing for execution.

    Article 17  For export of nuclear materials, nuclear equipment, non-
nuclear materials for reactors and the related technologies thereof in
violation of the provisions of these Regulations constituting a criminal
offense, criminal responsibility shall be investigated according to law;
for a case which does not constitute a criminal offense, the violator
shall be penalized pursuant to the provisions of the Customs Law and
the Foreign Trade Law.

    Article 18  For forgery, alteration, buying and selling of nuclear
export licenses, criminal responsibility shall be investigated according to
law.

    Article 19  State functionaries for nuclear export control who commit
a criminal offense in negligence of duties, self-seeking misconduct or
abuse of power shall be investigated of the criminal responsibility
according to law; those whose conduct do not constitute a criminal offense
shall be given administrative sanctions in accordance with law.

    Article 20  The State Atomic Energy Agency may, in conjunction with
such departments as the Defense Science Technology and Industries Commission,
the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Foreign Affairs and the General Administration of Customs, make adjustments
in the in the light of actual conditions for implementation
upon approval of the State Council.

    Article 21  In the case of differences in provisions between the
international treaties concluded or acceded to by the People's Republic of China and these Regulations, the provisions of the international treaties
shall apply; however, the articles for which the People's Republic of China
has stated her reservations are excluded.

    Article 22  These Regulations shall come into force as of the date of promulgation.(For Nuclear Export Control List, please refer to the appendix
in Chinese.)