Full text of White Paper on Arms Control
VI. Tightening Non-Proliferation Export Control
Effective export control serves as an important means to pursue the non-proliferation goal. As a country with certain capacity in industry, science and technology, China has adopted highly responsible policies and measures in this regard. After years of endeavor, China has completed a transition in its non-proliferation export control from an administrative pattern to one based on law with relevant measures basically in line with common international practices.
Legal System on Non-Proliferation Export Contrololrol
Since the mid-1990s, China has gradually set up a comprehensive legal system for export control of nuclear, biological, chemical, missile and other sensitive items and technologies as well as all military products. The Chinese government has promulgated the Regulations of the PRC on the Control of Nuclear Export and the Regulations of the PRC on the Control of Nuclear Dual-Use Items and Related Technologies Export in the nuclear field; the Regulations of the PRC on the Export Control of Dual-Use Biological Agents and Related Equipment and Technologies, the Regulations of the PRC on the Administration of the Controlled Chemicals together with the Detailed Rules for the Implementation of the Regulations, the Controlled Chemicals List and the Measures on the Export Control of Certain Chemicals and Related Equipment and Technologies in the biological and chemical field; the Regulations of the PRC on the Export Control of Missiles and Missile-Related Items and Technologies in the missile field; and the Regulations of the PRC on the Administration of Arms Export in the arms export field.
China's legislation on export control widely embraces such international practices as licensing system, end-user and end-use certification, list control and "catch-all" principle. In order to reduce the risk of proliferation, relevant regulations also stipulate that nuclear exports and the export of controlled chemicals and military products can only be handled by a few trading companies designated by the Government. All regulations spell out in detail penalty measures for illegal exports.
The scope of control of the aforementioned regulations is basically identical with international practices. For example, in the nuclear field, the control list tallies completely with those of the Zangger Committee and the Nuclear Suppliers Group and will undergo constant adjustments corresponding to changes made to them; in the biological and chemical field, the lists are basically the same as those of the Australia Group; the missile list also conforms by and large with the annex to the MTCR. In real practice, the competent export control departments of the Chinese government may also exercise, on an ad interim basis, export control according to law on items and technologies not on these lists.
In addition, the Foreign Trade Law of the PRC, the Customs Law of the PRC, the Criminal Law of the PRC, the Administrative Punishments Law of the PRC, the Regulations of the PRC on the Import and Export Control of Goods and the Regulations of the PRC on the Import and Export Control of Technologies also provide a legal basis for China's non-proliferation export control.
Non-Proliferation 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), in coordination 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 the COSTIND and the relevant department under the Ministry of National Defense, in coordination 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 technology for civilian use is under the control of the Ministry of Commerce (MOFCOM), in coordination 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, in coordination with the COSTIND. The export of dual-use biological agents and technologies related to animals and plants is subject to examination by the MOFCOM, in coordination 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, in coordination 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, in coordination 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, in coordination 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, in coordination with the Ministry of Foreign Affairs. Where the export items entail 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 General Administration of Customs (GAC) is responsible for supervision and control of the export of the above-mentioned items and technologies, and it also participates in investigating and handling cases of illegal exports. The Customs have the authority to question whether the items from the exporters are sensitive items and technologies, and to request the exporters to follow regulations and apply to competent government departments either for export license or for relevant certificates to show that the exports are not controlled items.
Rigorous Implementation of Laws and Regulations on Non-Proliferation Export Control
The Chinese government attaches great importance to law enforcement and has adopted a series of effective measures to ensure the implementation of laws and regulations on export control.
In November 2002, the MOFCOM formulated the Measures on the Administration of Export Registration for Sensitive Items and Technologies. In D ecember 2003, the MOFCOM and the GAC jointly formulated the Provisional Measures on the Administration of Export Licenses on Sensitive Items and Technologies. These measures standardized the export of sensitive items and technologies as well as the application, approval, issuance, use and verification of license. In January 2004, the MOFCOM and the GAC jointly launched a computer control system for the export of sensitive items and technologies by connecting within the same network different agencies that approve and issue the license with the supervision branch of the Customs. This has greatly enhanced the capacity to supervise and control the export of sensitive items and technologies.
Based on control lists for nuclear, biological, chemical and missile exports, the MOFCOM and the GAC jointly compiled the Export Licensing Catalogue of Sensitive Items and Technologies covering 658 items and technologies, of which 34% have had their customs code determined. China's Customs also extensively apply hi-tech equipment in various links in the process of supervision and control of customs clearance, which has significantly upgraded the capacity of on-site law enforcement and efficiency of examination.
Relevant competent authorities on export control have set up a "national expert supporting system for export control" that engages experts from nuclear, biological, chemical and missile fields to assist competent authorities in making correct and scientific judgments on relevant items during the process of export examination and approval.
In non-proliferation export control, the Chinese government adheres to the principle of enforcing the law strictly and punishing all offenders. For any suspected case of illegal export of sensitive items and technologies, competent authorities carry out careful investigation and handle it according to law. Since the end of 2002, the Chinese government has dealt with scores of cases of various types concerning illegal export of sensitive items and technologies. Competent authorities have put the companies involved in these cases on a "watch list" so as to prevent the recurrence of similar activities.
In May 2004, the Chinese government established an inter-agency contingency mechanism for export control and spelt out in detail the responsibilities, division of labor and work procedures of relevant export control departments in dealing with emergency cases in this respect. This has provided an institutional safeguard for swift and effective handling of such cases.
Greater Publicity for Laws and Regulations on Export Control and Education for Enterprises
The Chinese government attaches importance to educating and training law enforcement officials for export control, especially those at the grass-roots level, so as to raise their policy awareness and capability to exercise export control according to law. After the release of relevant laws and regulations on export control, the MOFCOM carried out comprehensive training programs on policies, laws and regulations for commerce officials at local levels. In places prone to cases of illegal export, the MOFCOM also holds, on non-regular basis, special training courses on policies, laws and regulations and law-enforcement of export control. In May 2004, the GAC, jointly with relevant organs in charge of non-proliferation export control, conducted training programs for on-site customs officials across the country on policies, laws and regulations with regard to the export control of sensitive items and technologies.
The Chinese government has taken various measures to make the legislation on export control known to enterprises, with a view to raising their awareness and self-discipline to abide by the law. Major measures include: to publish the full text of laws and regulations on export control on the web sites of competent government departments; to get export enterprises familiarized, by organizing regular training courses and lectures and distributing pamphlets, with policies, laws and regulations on export control as well as the procedures for export examination and approval to ensure that the enterprises implement them in real earnest and run their business according to law; to set up a hotline to timely clear up doubts or questions from the enterprises; and to investigate and punish illegal exporters and make them public.
The Chinese government encourages and guides the enterprises to build their own internal mechanisms for non-proliferation export control and implement accountability for non-proliferation in accordance with their own specific situations. Some enterprises have set up offices for non-proliferation export control to disseminate information of relevant national policies and legislation, draw up specific measures for implementation within the enterprises, and supervise their own scientific research, production and business operations so as to ensure that the enterprises abide by national laws and regulations. They also have in place an accountability mechanism in which the legal person is responsible for non-proliferation work of his/her enterprise while administrative and other personnel in relevant sections sign responsibility pledges and fulfill their non-proliferation obligations accordingly. The Chinese government also encourages enterprises to exchange experiences in export control.
The non-proliferation export control is a long-term task. The Chinese
government will keep on improving its legislation in this regard, enhancing the
capacity-building of law enforcement, setting up and optimizing internal
mechanisms, and reinforcing publicity of legislation as well as education and
training for enterprises, in a bid to make due contributions to the
international non-proliferation endeavor.
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