China's State Council on Friday promulgated amendments to its
regulations regarding the export of nuclear goods and technologies
for both civil and military use, requiring the importers to fulfill
more obligations to ward off acts of nuclear terrorism.
The State Council Decree No. 484, signed by Premier Wen Jiabao, forbids the importer from
reproducing nuclear goods or technologies provided by China to
carry out nuclear explosions or for any other purpose which is not
agreed before purchase.
The recipient of the goods must also guarantee that they would
not reproduce the materials for nuclear fuel cycling unless it is
under the supervision of the International Atomic Energy Agency or
it has signed agreements with the agency.
Importers are also forbidden from transferring a reproduction of
nuclear goods and technologies to any third party which has not
been identified as the final user.
Previous regulations enacted by China in June 1998 failed to
address the issue of reproduction of nuclear goods.
The revision of the regulation also added software onto the
country's control list for nuclear exports, which used to refer
only to equipment, materials and relative technologies.
Observers said the revision, which takes effect immediately, is
a sign of China's commitment to nuclear nonproliferation and a
reaction to rising concerns over the possibility of nuclear
terrorism.
The revision also clarifies that the Chinese government would
take "all necessary measures" to prevent nuclear goods and
technologies exports from jeopardizing national and global peace
and security.
It also says for the first time that licensed companies must
keep all contracts, invoices and business correspondences relevant
to the export of nuclear goods and technologies for at least five
years.
A special expert consulting panel will be set up under the
jurisdiction of the Ministry of Commerce to undertake the
consulting, evaluation and verification of nuclear goods and
technologies for exports.
The Ministry of Commerce may ask the customs authorities to
detain and inspect suspicious cargo. For goods and cargo beyond the
supervisory capacity of customs, the Ministry of Commerce may seal
them up and ask relevant departments to carry out further
inspections.
The revision also clarified the penalties and fines for
transgressors. Those who smuggle nuclear goods and technologies or
counterfeit trade export licenses will face hefty fines.
If the turnover is less than 50,000 yuan (US$6,579),
transgressors will be fined from 50,000 yuan to 250,000 yuan
(US$32, 895).
Unlike the previous regulations which required State Council
approval for the modification of the nuclear export control list,
the Ministry of Commerce will have the authority to make regular
adjustments in collaboration with the International Atomic Energy
Agency and other members of the Nuclear Suppliers Group (NSG).
China joined the NSG in 2004 and is one of seven countries known
to have a nuclear weapon capacity along with the United States,
Russia, the United Kingdom, France, India and Pakistan.
Statistics from the Melbourne-based Uranium Information Center
showed that by January 2007, 57 countries operate civil research
reactors, and 30 have 435 commercial nuclear power reactors with a
total installed capacity of over 370,000 MWe. This is more than
three times the total generating capacity of France and Germany
from all sources.
Some 30 further power reactors are under construction,
equivalent to six percent of the existing capacity while over 60
are firmly planned, equivalent to 18 percent of the present
capacity.
(Xinhua News Agency February 17, 2007)