In pursuit of Rule of Law, the Chinese Government has constantly strengthened and improved the legal system of nuclear export control to ensure effective enforcement of its non-proliferation policy. China's export controls in nuclear field are consistent with international practices.
l China exercises stringent control and administration over nuclear export, unswervingly abides by the three principles of nuclear control, i.e. guarantee for peaceful purposes only, acceptance of IAEA safeguards, and no retransfer to any third party without prior approval of the Chinese side.
l In 1997 and 1998, the Chinese Government issued regulations on the Control of Nuclear Export and the Regulations on the Control of Nuclear Dual-Use Items and Related Technologies Export respectively. According to the regulations, China's nuclear export comes under control of China Atomic Energy Authority (CAEA) and other relevant government agencies, and only entities designated by the State Council may engage in nuclear exports, while any other entity and personnel cannot engage in such activities. Nuclear dual-use items are under control of the Ministry of Commerce and the CAEA. China's nuclear export control system embodies international practices such as exporters' registration, end-user and end-use certification, licensing system, principle of non-proliferation-oriented examination and approval, list control method, and the "catch-all" principle. The principles, practice and scope of export control have been consistent with international practices.
l In the face of new situations and challenges, China is currently revising the above-mentioned regulations and other export-control-related legislation to include the "Catch-All" Principle, and to make acceptance of IAEA safeguards a precondition for nuclear export.
l Since its accession to the IAEA, China has established a state system for the accountancy and control of nuclear materials and a nuclear material security system that measures up to the requirements of the Convention on the Physical Protection of Nuclear Material.
l In 1987, the Chinese Government promulgated the Regulations on the Control of Nuclear Materials instituting a licensing system for nuclear materials. It designated the department for supervision and control of 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 accounting, the accountancy of nuclear materials, the physical protection of nuclear materials, and relevant incentives and punishments.
l The Amendments to Criminal Law of the People's Republic of China adopted in December 2001 designate as criminal offences such acts as illegally manufacturing, trafficking and transporting radioactive substances and stipulate corresponding criminal punishments for such offences.
l In February 2002, the Chinese Government promulgated the Provisions on the Administration of Safeguard and Supervision of Nuclear Import & Export and Foreign Nuclear Cooperation.
l In June 2003, the Chinese Government promulgated the Law on Prevention of Radioactive Pollution, which clearly stipulates the methods to prevent radioactive pollution possibly arising from activities in such aspects as operation of nuclear facilities, application of nuclear technologies, exploration of uranium mine, and management of radioactive waste.
l China supports the international efforts to tighten the control of radioactive sources and took an active part in the Conference on the Security of Radioactive Sources held in Vienna in March 2003. China supports the Code of Conduct on the Safety and Security of Radioactive Sources developed by the IAEA, and is amending the Regulation on the Safety of Radioactive Isotopes and Radioactive Equipments and formulating Measures on the Security Management of Radioactive Sources and the Regulations on the Management of Radioactive Accident according to the requirements and principles of the Code of Conduct.
l Drawing on the experience of other countries, China has established more complete systems for nuclear-safety supervision and control, as well as a system for dealing with nuclear contingencies. China has promulgated and put into effect the Regulations on the Safety Regulation for Civilian Nuclear Installations of the PRC and the Regulations of the PRC on emergency measures against Accidents in Nuclear Power Plants, and has constantly strengthened the function of its National Nuclear Contingency Office's capability to address contingencies.
l In October 2003, the Chinese Government also promulgated and put into effect the Law of the PRC on the Prevention of Radiation Pollution.
l In December 2003, the Chinese Government issued the White Paper entitled China's Non-Proliferation Policy and Measures, which gives a comprehensive account of China's non-proliferation policies, measures, export control systems, export control laws and regulations, the division of responsibilities and coordination of relevant export control departments, investigation and handling of violations, etc., including those in the nuclear field.
l In December 2003, China established a National Expert Supporting System for Export Control providing necessary technical support for government agencies in the process of examination and approval.
l In May 2004, China established Interagency Contingency Mechanism of Export Control for timely and effective management of illegal export cases.
l In order to comprehensively promote the healthy development of atomic energy industry and legally guide the development of nuclear power, technology and rational exploitation of the uranium resources, China is now working hard on the legislation work of the law of Atomic Energy.
(China.org.cn May 12, 2005)
