国发(1997)17号(May 27, 1997)
颁布日期:19970527 实施日期:19970527 颁布单位:国务院
Our country advocates complete prohibition1 and thorough destruction of nuclear weapons and other weapons of mass destruction and pursues a policy of “neither advocating, encouraging and engaging in proliferation of nuclear weapons nor helping2 other countries develop nuclear weapons”。 As one of signatory states to the Treaty on Non-Proliferation of Nuclear Weapons, our country has all along taken a prudent3 and responsible attitude in 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 strictly4 carry out our country's policy on nuclear export in their foreign economic and trade activities, that is, neither advocating, encouraging and engaging in proliferation of nuclear weapons nor helping other countries develop nuclear weapons; materials and projects for nuclear export to be used for peaceful purposes only, to be put under the safeguards and supervision5 of the International Atomic Energy Agency, and non transfer to a third country without permission of our country; no assistance offered to nuclear facilities without safeguards and supervision of the International Atomic Energy Agency. The relevant particulars are hereby notified as follows:
1. The China National Nuclear Industrial Corporation and other companies designated by the Government shall monopolize6 the export of nuclear materials, nuclear equipment, nuclear technology and non-nuclear materials used for reactors7. No other departments or companies shall engage in the export without approval.
2. Nuclear materials, nuclear equipment and related technology, non-nuclear materials used for reactors, nuclear-related, dual-purpose equipment, materials and related technology to be exported by our country (A detailed8 list shall be separately published by the Ministry9 of Foreign Affairs, the Ministry of Foreign Trade and Economic Cooperation and the State Atomic Energy Agency.) shall not be provided and used for nuclear facilities not put under the safeguards and supervision of the International Atomic Energy Agency. No department or company shall cooperate with nuclear facilities not put under the safeguards and supervision of the International Atomic Energy Agency, nor shall exchange of professional scientific and technical personnel and technological10 information be conducted.
3. Countries which don't accede11 to the Treaty on Non-Proliferation of Nuclear Weapons have some of their nuclear facilities under the safeguards and supervision of the International Atomic Energy Agency and have others beyond 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 not acceding12 to the Treaty on Non-Proliferation of Nuclear Weapons, if nuclear facilities in those countries are involved, the State Atomic Energy Agency (China National Nuclear Industrial Cooperation) shall be referred to in advance for checking out whether or not the nuclear facilities have been put under the safeguards and supervision of the International Atomic Energy Agency, and the competent authorities of the importing country shall be required to issue a document of certification for final use, guaranteeing that the imported materials and items or the cooperation proposed between the two parties shall not be transferred to nuclear facilities beyond 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 importing country shall be required in advance to issue a document of certification which certifies13 reasonably and credibly14 the final use of its imported items and guarantees that the imported materials, items or the cooperation proposed for such imported materials and items between the two parties shall not be transferred to nuclear facilities beyond the safeguards and supervision of the International Atomic Energy Agency. Export or cooperative activities can proceed only upon confirmation15 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 State Atomic Energy Agency.