Foreword
To prevent the proliferation of weapons of mass destruction (WMD)
and their means of delivery is conducive to the preservation of
international and regional peace and security, and compatible
with the common interests of the international community. This
has become a consensus of the international community. Through
protracted and unremitting efforts, the international community
has established a relatively complete international non-proliferation
regime, which has played a positive role in preventing and slowing
down the proliferation of WMD and their means of delivery, and
in safeguarding peace and security both regional and global.
Economic globalization and the rapid advancement of science and
technology have provided the international community good opportunities
for cooperation and development, and also many new challenges.
At present, traditional and non-traditional security factors are
interwoven, with the latter being steadily on the rise. Countries
are linked more closely to each other in security matters, and
their interdependence is continually deepening. It is an inevitable
demand of the times to strengthen international cooperation and
seek common security for all countries. The non-proliferation
efforts of all countries and the development of the international
non-proliferation mechanism are mutually complementary and inseparably
linked with each other. Given the new international security situation,
it is particularly important and urgent to step up international
cooperation in the field of non-proliferation, and develop and
improve the international non-proliferation mechanism.
The purpose of China's foreign policy is to help safeguard world
peace and promote common development. A developing China needs
both an international and a peripheral environment of long-term
peace and stability. The proliferation of WMD and their means
of delivery benefits neither world peace and stability nor China's
own security. Over the years, with its strong sense of responsibility,
China has step by step formulated a whole set of non-proliferation
policies and put in place a fairly complete legal framework on
non-proliferation and export control. It has taken positive and
constructive measures to accelerate the international non-proliferation
process with concrete actions, thus making a significant contribution
to safeguarding and promoting international and regional peace
and security.
I. China's Basic Stand on Non-Proliferation
China has always taken a responsible attitude toward international
affairs, stood for the complete prohibition and thorough destruction
of all kinds of WMD, including nuclear, biological and chemical
weapons, and resolutely opposed the proliferation of such weapons
and their means of delivery. China does not support, encourage
or assist any country to develop WMD and their means of delivery.
China holds that the fundamental purpose of non-proliferation
is to safeguard and promote international and regional peace and
security, and all measures to this end should be conducive to
attaining this goal. The proliferation of WMD and their means
of delivery has its complicated causes; it has everything to do
with the international and regional security environment. To pursue
the universal improvement of international relations, to promote
the democratization of such relations and to accelerate fair and
rational settlement of the security issues of regions concerned
will help international non-proliferation efforts to proceed in
a smooth manner. China resolutely supports international non-proliferation
efforts, and at the same time cares very much for peace and stability
in the region and the world at large. China stands for the attainment
of the non-proliferation goal through peaceful means, i.e. on
the one hand, the international non-proliferation mechanism must
be continually improved and export controls of individual countries
must be updated and strengthened,on the other hand, proliferation
issues must be settled through dialogue and international cooperation.
China maintains that a universal participation of the international
community is essential for progress in non-proliferation. To have
the understanding and support of the overwhelming majority of
the international community, it is highly important to ensure
a fair, rational and non-discriminatory non-proliferation regime.
Either the improvement of the existing regime or the establishment
of a new regime should be based on the universal participation
of all countries and on their decisions made through a democratic
process. Unilateralism and double standards must be abandoned,
and great importance should be attached and full play given to
the role of the United Nations.
China believes that given the dual-use nature of many of the
materials, equipment and technologies involved in the nuclear,
biological, chemical and aerospace fields, it is important that
all countries, in the course of implementing their non-proliferation
policies, strike a proper balance between non-proliferation and
international cooperation for peaceful use of the relevant high
technologies. In this connection, China maintains that, while
it is necessary to guarantee the rights of all countries, especially
the developing nations, to utilize and share dual-use scientific
and technological achievements and products for peaceful purposes
subject to full compliance with the non-proliferation goal, it
is also necessary to prevent any country from engaging in proliferation
under the pretext of peaceful utilization.
II. Actively Participating in International Non-Proliferation
Efforts
Over the years, China has participated extensively in the construction
of the multilateral non-proliferation regime and actively promoted
its constant improvement and development. China has signed all
international treaties related to non-proliferation, and joined
most of the relevant international organizations.
In the nuclear field, China joined the International Atomic Energy
Agency (IAEA) in 1984, and voluntarily placed its civilian nuclear
facilities under IAEA safeguards. It acceded to the Treaty on
the Non-Proliferation of Nuclear Weapons (NPT) in 1992. It took
an active part in the negotiations of the Comprehensive Nuclear-Test-Ban
Treaty (CTBT) at the Conference on Disarmament in Geneva and made
important contributions to the conclusion of the treaty. China
was also among the first countries to sign CTBT in 1996. China
became a member of the Zangger Committee in 1997. China signed
the Protocol Additional to the Agreement Between China and IAEA
for the Application of Safeguards in China in 1998, and in early
2002 formally completed the domestic legal procedures necessary
for the entry into force of the Additional Protocol, thus becoming
the first nuclear-weapon state to complete the relevant procedures.
China actively participated in the work of the IAEA, the Preparatory
Commission for the CTBTO and other related international organizations.
It supported the IAEA's contribution to the prevention of potential
nuclear terrorist activities, and took an active and constructive
part in the revision of the Convention on the Physical Protection
of Nuclear Materials.
China has energetically backed up countries concerned in their
efforts to establish nuclear-weapon-free zones. It has signed
and ratified the protocols to the Treaty for the Prohibition of
Nuclear Weapons in Latin America and the Caribbean (Treaty of
Tlatelolco), the South Pacific Nuclear-Free Zone Treaty (Treaty
of Rarotonga), and the African Nuclear-Weapon-Free Zone Treaty
(Treaty of Pelindaba). China has expressly committed itself to
signing the protocol to the Southeast Asia Nuclear-Weapon-Free
Zone Treaty (Treaty of Bangkok) and supported the initiative for
the establishment of a Central Asian nuclear-weapon-free region.
In the biological field, China has always strictly observed its
obligations under the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (BWC) since its accession
in 1984. As from 1988, it has, on annual basis, submitted to the
UN the declaration data of the confidence-building measures for
the BWC in accordance with the decision of its Review Conference.
China has also enthusiastically contributed to the international
efforts aimed at enhancing the BWC effectiveness, and actively
participated in the negotiations on the protocol to the BWC and
in international affairs related to the BWC.
In the chemical field, China made a positive contribution to
the negotiation and conclusion of the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction (CWC). It signed the Convention
in 1993 and deposited its instrument of ratification in 1997.
Since the CWC came into force, China has stood firmly by the Organization
for the Prohibition of Chemical Weapons (OPCW) in carrying out
its work, and earnestly fulfilled its obligations under the CWC.
China has set up the National Authority for the performance of
its obligations envisaged in the CWC, and submitted initial and
annual declarations of all kinds on schedule and in their entirety.
By the end of October 2003, China had received 68 on-site verifications
by the OPCW.
In the missile field, China supports the international community
in its efforts to prevent the proliferation of missiles and related
technologies and materials, and adopts a positive and open attitude
toward all international proposals for strengthening the missile
non-proliferation mechanism. China has constructively participated
in the work of the UN Group of Governmental Experts on Missiles,
as well as the international discussions on the draft of the International
Code of Conduct Against Ballistic Missile Proliferation and the
proposal of a Global Control System.
III. Non-Proliferation Export Control System
Effective control of materials, equipment and technologies that
could be used in the development and production of WMD and their
means of delivery is an important aspect in a country's implementation
of its international non-proliferation obligation, and an important
guarantee for the success of the international non-proliferation
efforts. As a country with some sci-tech and industrial capabilities,
China is well aware of its non-proliferation responsibility in
this field. For a long time, the Chinese Government has adopted
rigorous measures both for the domestic control of sensitive items
and technologies and for their export control, and has kept making
improvements in light of the changing situation.
For a fairly long time in the past, China 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 control.
In recent years, the Chinese Government has constantly strengthened
the work of building the legal system to bolster non-proliferation
on the principle of rule of law to ensure the effective enforcement
of its non-proliferation policy. China has attached great importance
to studying the current international standards of non-proliferation
export control. Integrating the multi-national export control
mechanism and the valuable experience of other countries with
its own national conditions, 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. This export control regime has embraced the following practices:
Export Registration System All exporters of sensitive items or
technologies must be registered with the competent department
of the Central Government. Without such registration, no entity
or individual is permitted to engage in such exports. Only designated
entities are authorized to handle nuclear exports and the export
of controlled chemicals and military products. No other entity
or individual is permitted to go in for trade activities in this
respect.
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 holder of an export license
must engage in export activities strictly as prescribed by the
license within its period of validity. If any export item or contents
are changed, the original license must be returned and an application
made for a new export license. When exporting the above-mentioned
items and technologies, an exporter shall produce the export license
to the Customs, go through the Customs formalities as stipulated
by the Customs Law of the People's Republic of China, and the
relevant control regulations and control measures, and shall be
subject to supervision and control by the Customs.
End-User and End-Use Certification 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. Different kinds of certificates must be produced, depending
on the circumstances and particularly the sensitivity of the exported
items or technologies. In some cases, the certificates must be
produced by the end-user and authenticated by the official organ
of the end-user's country and the Chinese embassy or consulate
in that country, while in others, they must be produced by the
relevant government department of the importing country. The end-user
must clarify the end-user and end-use of the imported materials
or technologies in the above-mentioned certificates, and definitely
guarantee that without permission from the Chinese Government,
it shall not use the relevant item provided by China for purposes
other than the certified end-use, or transfer it to a third party
other than the certified end-user.
List Control Method China has drawn up detailed control lists
of sensitive materials, equipment and technologies. In the nuclear,
biological and chemical fields, the relevant lists cover virtually
all of the materials and technologies included in the control
lists of the Zangger Committee, the Nuclear Suppliers' Group,
the Chemical Weapons Convention (CWC), and the Australian Group.
In the missile field, the scope of the Chinese list is generally
the same as the Technical Annex of the Missile Technology Control
Regime (MTCR). In the arms export field, the Chinese Government
also drew on the experience of the relevant multilateral mechanism
and the relevant practice of other countries when it first formulated
and issued the arms export control list in 2002. The Chinese Government
will make timely adjustments to the above lists in light of actual
conditions.
Principle of Nonproliferation-oriented Examination and Approval
Before making a decision on whether to issue an export license,
the competent department will give overall consideration to the
possible effect of the relevant exports on national security and
the interests of general public, as well as its effect on international
and regional peace and stability. The specific factors for reference
in the examination and approval process include China's incumbent
international obligations and international commitments, whether
the export of the sensitive items or technologies will directly
or indirectly jeopardize China's national security or public interests,
or constitute a potential threat, and whether it conforms to the
international non-proliferation situation and China's foreign
policy. An assessment of the degree of proliferation risk of exporting
a sensitive item or technology shall be made by an independent
panel of technical experts organized by the examination and approval
department. The assessment will serve as an important reference
in the examination and approval process. The examination and approval
department shall also make an overall examination of the situation
of the country or region where the end-user is located. It shall
give special consideration to whether there is any risk of proliferation
in the country where the end-user is located or any risk of proliferation
to a third country or region, including: whether the importing
country will present a potential threat to China's national security;
whether it has a program for the development of WMD and their
means of delivery; whether it has close trade ties with a country
or region having a program for the development of WMD and their
means of delivery; whether it is subject to sanctions under a
UN Security Council resolution; and whether it supports terrorism
or has any links with terrorist organizations. Moreover, the examination
and approval department shall also pay attention to the ability
of the importing country in exercising export control and whether
its domestic political situation and surrounding environment are
stable. The focus of examination of the end-user and end-use is
to judge the ability of the importing country to use the imported
items or technologies, and to assess whether the importer and
the end-user are authentic and reliable, and whether the end-use
is justified.
"Catch-all" Principle If an exporter knows or should
know that there is a risk of proliferation of an item or technology
to be exported, the exporter is required to apply for an export
license even if the item or technology does not figure in the
export control list. When considering an export application deciding
on whether to issue an export license, the export examination
and approval departments shall make an overall assessment of the
end-use and end-user of the item or technology to be exported
and the risk of proliferation of WMD. Once such a risk is identified,
the competent departments have the right to immediately refuse
the requested export license, and terminate the export activity.
Moreover, the competent departments may also exercise, on an ad
hoc basis, export control on specific items not contained on the
relevant control list.
Penalties 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 of 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.
IV. Concrete Measures for Non-Proliferation Export
Control
In the nuclear field, China has persisted in exercising stringent
control over nuclear exports and nuclear materials. In nuclear
materials control, since its accession to the IAEA, China has
established a "State System for the Accountancy and Control
of Nuclear Materials," and a "Nuclear Materials Security
System" that measures up to the requirements of the Convention
on the Physical Protection of Nuclear Materials. In 1987, the
Chinese Government issued the Regulations on the Control of Nuclear
Materials. Under the Regulations it instituted a licensing system
for nuclear materials. It designated the department for supervision
and control over 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 accounts, the accountancy of nuclear materials,
the physical protection of nuclear materials, and relevant rewards
and punishments.
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 safeguards 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. Apart from the above-mentioned three principles,
the Regulations also expound on 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. The Regulations also provide for a rigorous examination
system for nuclear export, severe violation punishments and a
comprehensive and detailed control list.
In 1998, the Chinese Government promulgated the Regulations of
the PRC on the Control of Nuclear Dual-Use Items and Related Technologies
Export. Therein it reaffirms its determination of strictly performing
its international nuclear non-proliferation obligations, exercising
strict control over the export of nuclear dual-use items and related
technologies, and it instituted licensing system for related exports.
It established a registration system for exporters and the procedures
for the examination and approval of exports, and defined punishments
for violations of the Regulations. The Amendments to the Criminal
Law of the PRC adopted in December 2001 designate as criminal
offenses such acts as illegally manufacturing, trafficking and
transporting radioactive substances, and stipulate corresponding
criminal punishments for such offenses.
In the biological field, China has promulgated and implemented
a series of laws, statutes and regulations in the past two decades
and more, including: the Criminal Law of the PRC in 1979; the
Tentative Measures on the Stockpiling and Management of Veterinarian
Bacteria Culture in 1980; the Regulations on the Management of
Veterinary Medicines in 1987; the Law of the PRC on the Prevention
and Control of Infectious Diseases in 1989; the Law on the Quarantine
of Animals and Plants Brought Into or Taken Out of the Chinese
Territory in 1991; the Measures for the Control of Biological
Products for Animal Uses and the Procedures for the Safe Administration
of Agricultural Biological Gene Engineering in 1996; and the Standards
for the Quality of the Biological Products for Animal Uses in
2001. These laws, statute and regulations have made strict provisions
on the production, control, use, stockpiling, carriage and transfer
of relevant bacteria (viruses), vaccines and biological products.
The Amendments to the Criminal Law of the PRC adopted in December
2001 provides that any illegally manufacturing, trading in, transporting,
storing or using infectious pathogens for such offences constitutes
a crime and the offenders shall receive criminal punishments.
In October 2002, the Chinese Government promulgated the Regulations
of the PRC on the Export Control of Dual-Use Biological Agents
and Related Equipment and Technologies, and its control list.
It instituted a licensing system for the export of dual-use biological
agents and related equipment and technologies, and a registration
system for the exporters, and established the principle that the
relevant exports shall not be used for biological weapon purposes,
that without prior consent of the Chinese Government, the dual-use
biological agents and related equipment and technologies supplied
by China shall not be used for purposes other than the declared
end-use, or be transferred to a third party other than the declared
end-user. Besides, the Regulations also provide strict procedures
for export examination and approval and punishment for violations
of the Regulations.
In the chemical field, the Chinese Government promulgated between
1995 and 1997 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, designating
the department in charge of the supervision of the controlled
chemicals and defining its duties, making a detailed classification
of the controlled chemicals and exercising strict control over
the production, sale, use, import, and export of sensitive chemicals.
Under the Regulations, the import and export of the controlled
chemicals must be handled by the designated departments. No other
department or individual is permitted to engage in import and
export of these items. In 1998, the Chinese Government added 10
controlled chemicals to the Controlled Chemicals List. The Amendments
to the Criminal Law of the PRC adopted in December 2001 declare
as criminal offenses such acts as illegally manufacturing, trafficking,
transporting, stockpiling or using toxic materials, which shall
be penalized according to the Chinese Law.
In October 2002, the Chinese Government further promulgated the
Measures on the Export Control of Certain Chemicals and Related
Equipment and Technologies and its control list. The Measures
are a substantive supplement to the Regulations on the Administration
of Controlled Chemicals, not only adding 10 chemicals to the list,
but also providing for the export control of the related equipment
and technologies. The Measures provide a licensing system for
the export of the materials and technologies on the control list.
They require importers to guarantee that the controlled chemicals
and related equipment and technologies supplied by China shall
not be used for stockpiling, processing, producing or handling
chemical weapons, or for producing of precursor chemicals for
chemical weapons, and that, without the prior consent of the Chinese
Government, the related materials and technologies shall not be
used for purposes other than the declared end-use or be retransferred
to a third party other than the declared end-user. The Measures
also provide a registration system for exporters and corresponding
rules for the examination and approval of such exports, as well
as punishments for violations of the Regulations.
In the missile field, China has always taken a prudent and responsible
attitude toward the export of missiles and related technologies.
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
2000, China further declared that it had no intention to assist
in any way, any country in the development of ballistic missiles
that can be used to deliver nuclear weapons, and that it would
formulate and publish regulations on the missile export control
and the relevant control list.
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. The Regulations and the
list, in light of the actual conditions in China and the prevailing
international practice, adopt a licensing system for the export
of missiles, items and technologies directly used for missiles,
and missile-related dual-use items and technologies. The Regulations
provide that the receiving party of the export shall guarantee
not to use missile-related items and technologies supplied by
China for purposes other than the declared end-use, or retransfer
them to any third party other than the declared end-user without
the consent of the Chinese Government. They also provide for a
strict procedure for the examination and approval of such exports,
and the punishments for violations of the Regulations.
In the arms export field, in addition to the above-mentioned
special regulations, the Chinese Government promulgated Regulations
of the PRC on Administration of Arms Export in 1997, and revised
them in 2002 in order to strengthen the administration of arms
export and to regulate of arms export. The Regulations reaffirm
the three principles that China has always adhered to in its arms
exports: being conducive to the capability for just self-defense
of the recipient country, no injury to the peace, security and
stability of the region concerned and the world as a whole, and
no interference in the internal affairs of the recipient country.
The Regulations also stipulate that arms exports can only be handled
by arms trading companies which has obtained the business operations
right for arms export; that arms export shall be subjected to
a licensing system; and that dual-use products whose end-use is
for a military purpose shall be regarded as military products
and be placed under control. In November 2002, the Chinese Government
issued the Military Products Export Control List as a supplement
to the Regulations on Administration of Arms Export, exercising
for the first time, arms export control according to the list.
The List contains a detailed classification of conventional weapons
and armaments, constituting a framework structure with the main
body of four levels of - weapon components, weapon categories,
main systems or components of weapons, and the parts and components,
technologies and services directly related to the weapon equipment,
thus providing a scientific and powerful legal guarantee for strengthening
the control of the arms trade and arms export.
In addition, the Regulations on the Import and Export Control
of Technologies issued by the Chinese Government in 2001 also
stipulate that strict control shall be exercised over the export
of nuclear technologies, technologies related to dual-use nuclear
products, the production technologies of controlled chemicals,
and military technologies. The Customs Law of the PRC and the
Administrative Punishments Law of the PRC also provide a legal
basis for non-proliferation export control.
V. Strictly Implementing the Laws and Regulations
on Non-Proliferation Export Control
Through the past years, China has steadily improved and developed
its laws and regulations on non-proliferation, providing a solid
legal basis and strong guarantee for the better attainment of
the government's non-proliferation goals and, at the same time,
setting a new demand for law-enforcement capability of the relevant
functional departments of the government. In order to ensure the
effective implementation of these laws and regulations concerning
non-proliferation export control, the departments concerned of
the Chinese Government have devoted a great deal of effort to
improving non-proliferation export control organs, publicizing
the relevant policies and regulations, conducting education for
enterprises, and investigating and handling cases of violation.
Export Control Organs China's non-proliferation export control
involves many of the government's functional departments. So far,
a mechanism for a clear division of responsibility and coordination
has been established among these departments.
China's nuclear export comes under the control of the Commission
of Science, Technology and Industry for National Defense (COSTIND),
jointly with other relevant government departments. Arms export,
including the export of missiles, and facilities and key equipment
used directly for the production of missiles, is under the control
of COSTIND and the relevant department under the Ministry of National
Defense, jointly with other government departments concerned.
The export of nuclear dual-use items, dual-use biological agents,
certain chemicals, and the missile-related dual-use items and
technologies for civilian use is under the control of the Ministry
of Commerce (MOFCOM), jointly with other government departments
concerned. Among them, the export of nuclear dual-use items and
missile-related dual-use items and technologies is subject to
examination by the MOFCOM together with COSTIND. The export of
dual-use biological agents and technologies related to animals
and plants is subject to examination by the MOFCOM, jointly with
the Ministry of Agriculture if needed. The export of dual-use
biological agents and technologies related to humans is subject
to examination by the MOFCOM, jointly with the Ministry of Health
if needed. The export of equipment and technologies related to
dual-use biological agents and of equipment and technologies related
to certain chemicals is subject to examination by the MOFCOM,
jointly with the State Development and Reform Commission if needed.
The export of controlled chemicals is subject to examination by
the State Development and Reform Commission, jointly with the
MOFCOM.
The export of sensitive items and related equipment and technologies
that relate to foreign policy is subject to examination by the
above-mentioned competent departments, jointly with the Ministry
of Foreign Affairs. Where the export items entails significant
impact on national security and public interests, the competent
departments shall, jointly with other relevant departments, submit
the case to the State Council and the Central Military Commission
for approval.
The State General Administration of Customs shall be responsible
for the supervision and control of the import and export of the
above-mentioned items and technologies.
Special organs, staffed with specialists, have been set up in
the above-mentioned ministries and commissions to take charge
of the export control work.
Publicity for Laws and Regulations and Education for Enterprises
Immediately after the non-proliferation export control regulations
were issued, a news release was announced through the national
media, and the full text of the regulations and control lists
were published in the professional publications and on the web
sites of the government departments, foreign trade enterprises
and research institutes concerned. The publicity has provided
favorable conditions in informing the concerned exporters of the
regulations and control lists. Competent departments concerned
have also taken positive steps to ensure earnest implementation
of the regulations by relevant enterprises and institutions, and
to make export enterprises familiarized with the contents of the
regulations and procedures for export examination and approval
by organizing lectures and training courses on these regulations.
Building of the Export Examination System In order to effectively
implement the export control regulations, China has established
a system involving application, examination and approval, certificate
issuance and Customs control, inspection and clearance, and this
system applies to all interested exporters. The Ministry of Commerce
and other competent departments are formulating the Export Licensing
Catalogue of Sensitive Items and Technologies (i.e. the commodities
on the lists attached to relevant export control regulations bearing
Customs HS codes), and are doing their best to ensure compliance
by export enterprises at all stages of export, and enhance the
government's capability to exercise supervision on export control.
To make it more convenient for export enterprises to apply for
export licenses, the Ministry of Commerce plans to provide an
online service for license application, examination and approval
geared to the needs of the general public once the operation system
is available. The government will also establish a corresponding
export control information exchange network among the examining,
approving and license-issuing organs and the Customs office.
Investigation and Handling of Law Violations The Chinese Government
attaches great importance to the investigation and handling of
cases of law violations relating to non-proliferation. After being
informed of possible illegal exports, concerned competent departments
will make earnest investigations and administer corresponding
administrative punishments, or transfer the cases to the judicial
organs for ascertaining criminal responsibility, depending on
the seriousness of the law-breaking acts. In recent years, the
Chinese Government has dealt with a number of law-breaking export
cases and administered corresponding punishments to the units
and individuals involved according to law.
Strengthening the ability to enforce the law and to effectively
implement the non-proliferation export control regulations is
a complex systems engineering project that involves many aspects
and requires coordination and cooperation among different government
departments. At the same time, understanding of the relevant state
policies and regulations by domestic enterprises, their increased
consciousness of the importance of non-proliferation, and the
establishment of a self-discipline mechanism among them also have
a direct bearing on the implementation of the non-proliferation
laws and regulations. The concerned departments of the Chinese
Government are summing up their experience, constantly strengthening
the training of the law-enforcing personnel, intensifying publicity
and further improving the domestic non-proliferation export control
system.
Conclusion
While sparing no effort to implement the non-proliferation policy,
strengthening and improving the non-proliferation laws and regulations
and export control mechanism, the Chinese Government is fully
aware that the above efforts should proceed in a systematic way
and advance step by step.
The international non-proliferation effort is inseparable from
the policies and measures of the countries involved, and the building
of the domestic mechanisms in various countries is inseparable
from the establishment of international non-proliferation standards.
China will continue to take an active part in international non-proliferation
endeavors, and exert great efforts to maintain and strengthen
the existing non-proliferation international law system within
the UN framework. It will constantly increase consultations and
exchanges with the multinational non-proliferation mechanisms,
including the "Nuclear Suppliers' Group," the MTCR,
the "Australia Group" and the "Wassenaar Arrangement,"
and continue to take an active part in international discussions
related to non-proliferation.
The Chinese Government will continue to keep in touch and hold
consultations with other countries on non-proliferation issues,
and is willing to strengthen its exchange and cooperation with
all sides in the fields related to non-proliferation export control
to keep improving their respective non-proliferation export control
systems.
Confronted with the complicated and changeable international
security situation, China stands for the fostering of a new security
concept of seeking security through cooperation, dialogue, mutual
trust and development. Non-proliferation is an important link
in the preservation of international and regional peace and security
in the new century. China will join the members of the international
community who love peace and stability in making contributions
to accelerating the development and improvement of the international
non-proliferation mechanism and to promoting world peace, stability
and development through unremitting international efforts and
cooperation and by persisting in settling the issue of proliferation
of WMD and their means of delivery through peaceful means.
Source: Information Office of the State Council
of the People's Republic of China