Article 1 The present Regulations have been formulated for the purpose of strengthening the administration on and control over the export of nuclear facilities that can be used for both military and civil purposes and the related technologies (hereinafter referred to as the dual-use nuclear facilities and related technologies) so as to prevent the proliferation of nuclear weapons, guard against nuclear terrorist activities, promote international cooperation on the peaceful utilization of nuclear energy, and to safeguard the national security and social benefits.

Article 2 The export of dual-use nuclear facilities and related technologies stipulated in the regulations refers to the export of the equipment, materials, software and related technologies listed in A Detailed List of Dual-use Nuclear Facilities and Related Technologies Restricted for Export (hereinafter referred to as the Restriction List), as well as the granting, exhibiting, technological cooperation, foreign aiding, service and other transformation in alternative ways.

Article 3 The state shall enforce strict administration on and control over the export of dual-use nuclear facilities and related technologies, strictly abide by its due international obligation of nuclear non-proliferation, and prevent the use of dual-use nuclear facilities and related technologies for the purposes of nuclear explosions and nuclear terrorist activities.

In order to maintain national security and international peace and security, the state may take any measures that are necessary against the export of dual-use nuclear facilities and related technologies.

Article 4 The export of dual-use nuclear facilities and related technologies should abide by relevant laws, administrative regulations as well as provisions of the present Regulations, and should not jeopardize the national security and social and public interests of China.

Article 5 The state shall implement a licensing system for the export of dual-use nuclear facilities and related technologies.

Article 6 The license for the export of dual-use nuclear facilities and related technologies shall be based on the following promises on the part of the recipient party:

(1) The recipient party shall promise that it shall not use the dual-use nuclear facilities and related technologies or any of their duplicates supplied by China for the purposes of nuclear explosions and other purposes other than the final purposes as are stated by it;

(2) The recipient party shall promise that it shall not use the dual-use nuclear facilities and related technologies or any of their duplicates supplied by China in nuclear fuel cycle activities that have not received safety inspections by the International Atomic Energy Agency. This Item shall not apply to those countries that have signed voluntary guarantee agreement with the International Atomic Energy Agency; and

(3) The recipient party shall promise that it shall not transfer the dual-use nuclear facilities and related technologies or any of their duplicates supplied by China to a third party other than the final user as is stated by it without the Chinese Government's consent.

Article 7 Operators engaged in the export of dual-use nuclear facilities and related technologies shall register with the Ministry of Commerce (MOFCOM). No unit or individual shall be allowed to engage in the export of dual-use nuclear facilities and related technologies unless registered with the MOFCOM. The detailed registration procedures shall be worked out by the MOFCOM.

Article 8 Exporters of the dual-use nuclear facilities and related technologies that are listed in the Restriction List shall apply to the MOFCOM and fill in the Applications Form of Exporting Dual-Use Nuclear Facilities and Related Technologies (hereinafter referred to as the "Export Application Form"), and submit the following documents:

(1) The identity certificates of the legal representative of the applicant, principal operators of the business and the person who handles the application;

(2) Duplicates of the contract or agreement;

(3) The technological illustration or test report of the dual-use nuclear facilities and related technologies;

(4) The certificates certifying the identity of the final users as well as the final use;

(5) The guarantee documents required by Article 6 of the present Regulations; and

(6) Other documents required by the MOFCOM.

Article 9 Where the exported dual-use nuclear facilities and related technologies are for exhibition outside China, exclusively used by Chinese institutions outside China or overhaul outside China which shall be transported back within the stipulated period, or those are for overhaul within China that shall be transported back outside China, or other circumstances as stipulated by the MOFCOM, the exporter may, upon examination and approval by the MOFCOM, be exempted from submitting the documents provided in Article 8 of the present Regulations.

Article 10 The applicant shall fill in the Export Application Form in accordance with the facts.

The Export Application Form shall be designed and printed uniformly by the MOFCOM.

Article 11 The MOFCOM shall, upon the day when it receives the application form and documents required by Article 8 of the present Regulations, examine them together with the State Atomic Energy Agency, or with the State Atomic Energy Agency and other related competent authorities of the State Council, and also with the Ministry of Foreign Affairs should foreign policies be involved and decide on approval or disapproval within 45 working days.

Article 12 Where the exported dual-use nuclear facilities and related technologies should have great influence on China's national security, social and public interests and foreign policies, the MOFCOM shall, together with related competent authorities, submit it to the State Council for approval.

Those submitted to the State Council for approval shall be exempted from the limitation of the time limit as provided in Article 11 of the present Regulations.

Article 13 Where the application for the export of dual-use nuclear facilities and related technologies is approved, the MOFCOM shall grant license for the export of dual-use nuclear facilities and related technologies (hereinafter referred to as export license) to the exporter.

Article 14 Where a holder of the export license changes the exported dual-use nuclear facilities and related technologies, he shall hand back the original export license and apply for a new license in line with the stipulations of the present Regulations.

Article 15 When exporting dual-use nuclear facilities and related technologies, the exporter shall present the export license to the customs, go through the customs formalities in