(May 27 , 1997)
Our country advocates the complete prohibition and thorough destruction of nuclear weapons and other weapons of mass destruction and pursues a policy of "neither advocating, encouraging and engaging in the proliferation of nuclear weapons nor helping other countries develop nuclear weapons". As one of the signatory states to the Treaty on Non?Proliferation of Nuclear Weapons, our country has all along taken a prudent and responsible attitude with respect to nuclear export control.
With a view to ensuring the application of the relevant State provisions and current international norms and practices to the nuclear economic relations and foreign trade in our country, all departments and units concerned must strictly carry out our country's policy on nuclear export in their foreign economic and trade activities, i. e. , neither advocating, encouraging and engaging in the proliferation of nuclear weapons nor helping other countries develop nuclear weapons; material for nuclear export to be used for peaceful purposes only, to be put under the safeguards and supervision of the International Atomic Energy Agency, and not transferred to a third country without the permission of our country; no assistance offered to nuclear facilities without the safeguards and supervision of r International Atomic Energy Agency. The relevant issues are hereby notified follows:
1. The China National Nuclear Industrial Corporation and other compames by the Government shall exclusively manage the export of nuclear materials, nuclear equipment, nuclear technology and non?nuclear materials used for reactors. No other departments or companies shall engage in such export without authorization.
2. Nuclear materials, nuclear equipment and related technology, non?nuclear materials used for reactors, nuclear?related dual?use equipment, materials and related technology to be exported by our country (A detailed list shall be separately published by the Ministry of Foreign Affairs, the Ministry of Foreign Trade and Economic Cooperation and the China Atomic Energy Agency.) shall not be provided or used for nuclear facilities not subject to the safeguards and supervision of the International Atomic Energy Agency. No department or company shall cooperate with nuclear facilities not subject to the safeguards and supervision of the International Atomic Energy Agency, nor shall exchange of professional scientific and technical personnel and technological information be conducted.
3. Countries which have not acceded to the Treaty on Non?Proliferation of Nuclear Weapons have placed some of their nuclear facilities under the safeguards and supervision of the International Atomic Energy Agency and have kept other nuclear facilities free of the safeguards and supervision (A list of signatory states to the Treaty on Non?Proliferation of Nuclear Weapons shall be circulated separately). In the case of export trade and cooperation described in the preceding Article 2 with countries that have not acceded to the Treaty on Non?Proliferation of Nuclear Weapons, if nuclear facilities in those countries are involved, the China Atomic Energy Agency (China National Nuclear Industrial Corporation) shall be referred to in advance for verifying whether or not the nuclear facilities have been subject to the safeguards and supervision of the International Atomic Energy Agency, and the competent authorities of the importing country shall be required in advance to present a document of certification of end?use, guaranteeing that the imported materials or the cooperation proposed between the two parties shall not be transferred to nuclear facilities not subject to the safeguards and supervision of the International Atomic Energy Agency. If nuclear facilities of the foreign party are not involved, the competent authorities of the iinporting country shall be required in advance to produce a document of certification which certifies reasonably and credibly the end?use of its imported materials and guarantees that the imported materials or the cooperation proposed therein between the two parties shall not be transferred to nuclear facilities not subject to the safeguards and supervision of the International Atomic Energy Agency. Export or cooperative activities can proceed only upon confirmation of the above-mentioned documents of certification and approval by the Ministry of Foreign Affairs, the Ministry of Foreign Trade and Economic Cooperation and the China Atomic Energy Agency.
