(Adopted at the 61st Executive Meeting of the State Council on August 1, 1997, promulgated by Decree No. 230 of the State Council of the People's Republic of China on September 10,1997, and effective as of the date of promulgation)

Article 1

These Regulations are formulated for the purpose of strengthening the control of nuclear export, safeguarding the State security and social and public interests, and promoting international cooperation in peaceful utilization of nuclear energy.

Article 2

The term nuclear export as used in these Regulations means the trading export, gifts to and exhibitions in foreign countries or regions, as well as scientific and technological cooperation with and assistance to foreign countries or regions that involve nuclear materials, nuclear equipment, non-nuclear materials used for reactors and other items as well as their related technologies outlined in the Nuclear Export Control List (hereinafter referred to as the Control List) attached to these Regulations.

Article 3

The State shall tightly control nuclear export and strictly perform its international obligations with regard to non-proliferation of nuclear weapons. The State does not advocate, encourage and engage in the proliferation of nuclear weapons, nor does it assist other countries with the development of such weapons. Nuclear export is conducted only for peaceful purposes and subject to the safeguards of International Atomic Energy Agency. Without permission from the Government of China, the receiving party may not make a transfer to a third country. The State prohibits the provision of any assistance to the nuclear facilities not subject to the safeguards of International Atomic Energy Agency, and does not engage in nuclear export to or personnel or technological exchange and cooperation with them.

Article 4

Nuclear export shall comply with the provisions of the relevant State laws and administrative regulations, and may not jeopardize the State security or social and public interests.

Artical 5

The following principles shall be observed in examing and licensing nuclear export:

(1)the government of the receiving party shall guarantee from using for nuclear explosion purposes the China-supplied nuclear materials, nuclear equipment, or non-nuclear materials used for reactors as well as special fissionable materials produced through the use of the said nuclear materials and equipment;

(2) the government of the receiving party shall guarantee to take appropriate physical protection of the China-supplied nuclear materials as well as the special fissionable materials produced through the use of the said nuclear materials;

Article 6

Nuclear export shall be monopolized by the units designated by the State Council. No other units or individuals shall be allowed to engage in nuclear export.


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