Law-based system to guide China's non-proliferation export

Home>>China

Last updated at: (Beijing Time) Wednesday, December 03, 2003

Law-based system to guide China's non-proliferation export

DISCUSSION

CHINESE

SEND TO FRIEND

China said on Wednesday it has established a law-based system for non-proliferation export control of sensitive items and technology in recent years for improved prevention of non-proliferation and safeguarding regional and international peace and stability.

According to a white paper published on Wednesday by the Information Office of the State Council on China's non-proliferation policy and measures, China, for a fairly long time in the past, practiced a planned economy, whereby the state relied mainly on administrative measures for import and export control.

"This proved to be effective for implementing the non-proliferation policy under the then prevailing historical conditions. But with the deepening of China's reform and opening-up, and especially following the country's entry into the World Trade Organization (WTO), tremendous changes have taken place in the environments of China's domestic economy and foreign trade."

So far, China has initially established a socialist market economy, and its non-proliferation export control pattern has changed from an administrative control to a law-based one, the paper said.

In recent years, the paper said, China has widely adopted the current international standards and practices, vigorously strengthened and improved the system for ensuring non-proliferation export control, and formulated and enforced a number of laws and regulations, which form a complete system for the export control of nuclear, biological, chemical, missile and other sensitive items and technologies, and all military products, and provide a full legal basis and mechanism guarantee for the better attainment of the non-proliferation goal.

It said China introduced an export registration and licensing systems. Under the registration system, all exporters of sensitive items or technologies must register with the competent departments of the central government. Without such registration, no entity or individual is permitted to engage in such exports.

"Under the licensing system, it is stipulated that the export of sensitive items and technologies shall be subject to examination and approval by the competent departments of the central government on a case-by-case basis. No license, no exports".

The paper said China also created an end-user and end-use certification system, under which an exporter of sensitive items and technologies is required to provide a certificate specifying the end-user and the end-use, produced by the end-user that imports them.

China has drawn up detailed control lists of sensitive materials, equipment and technologies, involving nuclear, biological and chemical, missile and arms export fields.

Under China's "Catch All", the competent departments may also exercise, on an ad hoc basis, export control on specific items not contained on the relevant control list, according to the paper.

On penalties for non-proliferation offenses, the white paper said, exporters who export controlled items or technologies without approval, arbitrarily export items beyond the approved scope, or forge, alter, buy or sell export licenses shall be investigated for criminal liability in accordance with provisions in the Criminal Law of the People's Republic of China (PRC) on smuggling, illegal business operation, disclosure of state secrets or other crimes.

"For cases that do not constitute crimes, the competent government department(s) shall impose administrative sanctions, including warning, confiscation of illicit proceeds, fines, suspension or even revocation of foreign trade licenses."

In 1987, the Chinese government issued the Regulations on the Control of Nuclear Materials, under which it instituted a licensing system for nuclear materials.

China's nuclear export is handled exclusively by the companies designated by the State Council.

"China adheres to the following three principles: guarantee for peaceful use only, acceptance of the safe-guards of the IAEA, and no retransfer to a third country without the prior consent of the Chinese government."

The Chinese government issued the Regulations of the PRC on the Control of Nuclear Export in 1997, reiterating the aforementioned three principles, and China's policy of not advocating, not encouraging and not engaging in the proliferation of nuclear weapons, not helping other countries to develop nuclear weapons, not providing any assistance to any nuclear facility not placed under IAEA safeguards, not providing nuclear exports to it, and not conducting personnel and technological exchange or cooperation with it.

In the biological field, China has promulgated and implemented a series of laws, statutes and regulations in the past two decades and more, which contain strict provisions on the production, control, use, stockpiling, carriage and transfer of relevant bacteria (viruses), vaccines and biological products.

In the chemical field, the Chinese government have promulgated the Regulations of the PRC on the Administration of the Controlled Chemicals, the Controlled Chemicals List and the Detailed Rules for the Implementation of the Regulations of the PRC on the Administration of the Controlled Chemicals.

It has also exercised strict control over the production, sale, use, import, and export of sensitive chemicals.

In the missile field, the Chinese government declared in 1992 that it would act in line with the guidelines and parameters of the MTCR in its export of missiles and related technologies.

"In 1994, it committed itself not to export ground-to-ground missiles featuring the primary parameters of the MTCR - i.e. inherently capable of reaching a range of at least 300 km with a payload of at least 500 kg."

In August 2002, the Chinese government promulgated the Regulations of the PRC on Export Control of Missiles and Missile-Related Items and Technologies, and the control list.

In recent years, the Chinese government has dealt with a number of law-breaking export cases, and units and individuals involved according to law, the paper said.

Questions?Comments? Click here

China publishes white paper on non-proliferation

China signs all international treaties on non-proliferation: white paper

Two Japanese diplomats killed in Iraq identified ( 3 Messages)

Developing corporate culture is key to global strategy ( 3 Messages)

16 percent of Chinese wives beaten by husband: survey ( 4 Messages)

China ceases diplomatic relations with Kiribati ( 6 Messages)

Hillary Clinton arrives in Baghdad hot on heels of Bush ( 5 Messages)