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Briefing by Mr. Liu Jieyi Director General of Arms Control and Disarmament Dept. MFA on the Promulgation of Regulations on Export Control of Missiles and Missile-related Items and Technologies and the Control List
2004/04/16


Mr. Liu Jieyi: As you know, on August 22, the Chinese Government promulgated Regulations of the People's Republic of China on Export Control of Missiles and Missile-related Items and Technologies and the Missiles and Missile-related Items and Technologies Export Control List. This is another important measure China has taken to implement its missile non-proliferation policy, to further strengthen export controls over missiles and missile-related items and technologies and to energetically enhance such controls by legal means.

China attaches great importance to non-proliferation and is opposed to the proliferation of weapons of mass destruction (WMD) and their delivery systems. The Chinese Government has always been consistent in this policy. On the export control of missiles and missile-related items and technologies, China has always taken a prudent and responsible attitude. As early as ten years ago, in February 1992, China declared that it would observe the guidelines and parameters of the Missile Technology Control Regime (MTCR) in the export of missiles. Since then, we have taken administrative means to implement our non-proliferation policies and fulfill our commitments in this regard.

In recent years, the international situation has undergone changes. China is also moving toward a market economy. China's export control needs to take into account these developments to ensure the effectiveness of China's non-proliferation policies. The legislation in export control is the way to achieve this objective. After thorough study and hard work, China formulated the Regulations and the Control List.

Now, I would like to give you a brief account of the basic elements in the Regulations and the Control List:  

1. The Regulations provide for a licensing system for export control of missiles and missile-related items and technologies. Without being licensed, no export can take place. More specifically,the export of items and technologies contained in Part I of the Control List, e.g. ballistic missiles, cruise missiles, rockets and unmanned aerial vehicles and their specially designed items and technologies, shall be subject to the Regulations of the People's Republic of China on Administration of Arms Export as arms. Should the exports of dual-use items and technologies contained in Part II of the Control List be related to military purposes, they shall also be controlled in accordance with the Regulations on Administration of Arms Export. The Regulations on Administration of Arms Export stipulate that the export of above-mentioned items and technologies shall only be operated by designated companies, not by all companies. The export of relevant items and contracts shall be examined and approved by the competent department for administration of arms trade and a license shall be required for the export. The company shall, when filing an application for a contract of arms export, provide valid certification documents of the recipient country concerning, among other things, the end-use and end-user.

The export of items and technologies contained in Part II of the Control List for civilian purposes shall be registered with the Ministry of Foreign Trade and Economic Cooperation. Exporters shall submit valid documents including the end-user and end-use certificates when applying for export licenses. Importers shall guarantee not to use items and technologies for purposes other than the declared end-use, nor to transfer them to any third party without the prior consent of the Chinese Government. The Ministry of Foreign Trade and Economic Cooperation shall, jointly with other relevant governmental departments including the Foreign Ministry, make a decision of either approval or denial regarding an export application. When an export has a bearing on the State security, social and public interests, the case shall be submitted to the State Council and the Central Military Commission for approval.

2. The Regulations reflect the "catch-all" principle in export control where there is a risk of proliferation.

When examining the export application and making a decision of either approval or denial, the competent department will take into consideration the end-use and end-user of the items as well as the WMD  proliferation risks. If the importer violates the end-use guarantee or there is a risk of proliferation, the competent department may suspend the export license already granted.      

The Regulations specially stipulate that if an exporter knows or should know that the missile-related items or technologies to be exported will be used by the receiving party directly in its program for developing missiles that can be used to deliver weapons of mass destruction, the exporter is still required to apply for export license even if the items and technologies do not figure in the Control List. Furthermore, the competent departments may decide, on an Ad Hoc basis, to exercise export control on specific items and technologies not contained in the Control List.

3. The Regulations and Control List will be strictly enforced. To ensure the authority and strict enforcement of the Regulations, the Regulations provide for clear-cut penalty measures for violations. Violators shall be investigated by relevant competent governmental departments for criminal liability in accordance with the provisions of the criminal law on the crime of smuggling, illegal business operations or other crimes; if such acts are not serious enough to warrant criminal punishment, they shall be punished by administrative means such as fines or revoking of the licensing for foreign trade operations.

Where government officials in charge of the export control of missile-related items and technologies abuse powers or neglect their duties, they shall be investigated for criminal liability in accordance with the relevant provisions of the criminal law; if such acts are not serious enough for criminal punishment, they shall be given administrative sanctions according to law.

The promulgation of the Regulations and the Control List marks a milestone in China's legal framework for export control. China will continue to improve its existing controls in the light of need and also drawing on other countries' successful and applicable experiences.

For years, the Chinese Government has been working on the legislation of export control over the sensitive items in other fields. The Chinese Government has successively formulated a series of laws and regulations and established relevant export control regimes in recent years, under which strict controls are exercised over the exports in nuclear, chemical and biological fields. Furthermore, China will continue to take measures to further improve and strengthen its relevant laws and regulations. These efforts are underway.    

In the nuclear field, China has already promulgated the Regulations on Nuclear Materials Control, the Regulations on Control of Nuclear Export and the Regulations on the Control of Nuclear Dual-use Items and Related Technologies Export. In this regard, we are adopting two lists, the Zangger Committee List and the Nuclear-Supplier-Group's List.    

In the chemical field, China has promulgated the Regulations on the Administration of the Controlled Chemicals, and strictly controls the production, operation, stockpiling, use, import and export of the chemicals listed on the Controlled Chemicals List. Further measures are underway to strengthen and improve export controls over other relevant chemicals and related equipment and technologies.

In the biological field, China has in place rules and regulations governing the activities such as managing, use, stockpiling, carrying, transporting and transfer of related dangerous bacteria (viruses) and vaccine. The Chinese Government is currently working on specific export control regulations on dual-use biological materials and related equipment.  

The above mentioned extra export control measures in biological and chemical fields are expected to come out soon. Together with the promulgated governmental rules and regulations such as the Regulations on the Administration of Arms Export and the Administrative Regulations on the Import and Export of Technologies, China's regulations on export control for non-proliferation will cover all kinds of sensitive items such as nuclear, biological and chemical items and missiles and all types of arms concerned, thus forming a very comprehensive system of the export control over sensitive items.