China's non-proliferation policy and measures
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, providinga solid legal basis and strong guarantee for the better attainmentof 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 ofviolations.Export Control Organs: China's non-proliferation export controlinvolves 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 technology for civilian use is under the control of the Ministry of Commerce (MC), 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 MC, jointly with COSTIND. The exportof dual-use biological agents and technologies related to animals and plants is subject to examination by the MC, jointly with the Ministry of Agriculture if needed. The export of dual-use biological agents and technologies related to humans is subject toexamination by the MC, 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 tocertain chemicals is subject to examination by the MC, 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 MC.
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 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 theCentral Military Commission for approval.
The General Administration of Customs of the PRC 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 of Laws and Regulations and Education for Enterprises:Immediately after the non-proliferation export control regulationswere issued, a news release was announced through the national media, and the full text of the regulations and control lists was published in the professional publications and on the web sites ofthe government departments, foreign trade enterprises and researchinstitutes concerned. The publicity has provided favorable conditions in informing the concerned exporters of the regulationsand control lists. Competent departments concerned have also takenpositive steps to ensure earnest implementation of the regulationsby 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 andclearance, 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), andare doing their best to ensure compliance by export enterprises atall 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 Chinese 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, China 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 of law enforcement and effectively implementing the non-proliferation export control regulations is acomplex system engineering project that involves many aspects and requires coordination and cooperation among different government departments. At the same time, understanding of the relevant statepolicies 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.