accordance with the provisions of the Customs Law and receive inspection and examination of the customs.

Article 16 The customs may put forward doubts about whether the equipment, materials, software and related technologies to be exported by the operator need apply for the export license for dual-use nuclear facilities and related technologies, and may require him to apply to the MOFCOM for the documents certifying whether his export belongs to the restriction scope of the export of dual-use nuclear facilities and related technologies; as regards those belong to, the operator shall, in line with the provisions of the present Regulations, file an application and obtain the license for the export of dual-use nuclear facilities and related technologies. The detailed procedures shall be formulated by the General Administration of Customs together with the MOFCOM.

Article 17 Where the recipient party violates corresponding promises made in accordance with provisions as stipulated in Article 6 of the present Regulations or the risk of nuclear weapon proliferation and nuclear terrorist action may emerge, the MOFCOM shall terminate or revoke the granted export license and notify related departments.

Article 18 Operators of export shall establish and strengthen the internal control system of the export of dual-use nuclear facilities and related technologies, and take good care of the materials such as contracts, invoices, bills and documents and business correspondence for no less than five years. The MOFCOM may refer to and duplicate relevant materials.

Article 19 Where operators of export knows or should know, or is notified by the MOFCOM, that where the equipment, materials, software and related technologies exported by them are of nuclear proliferation risk or may be used for nuclear terrorist purposes, even if the equipment, materials, software and related technologies are not listed in the Restriction List, they shall be handled in accordance with the provisions of the present Regulations.

Article 20 The MOFCOM, upon approval of the State Council, is empowered, together with relevant authorities of the State Council, to decide whether or not to exercise control over and administration on the export of the special dual-use nuclear facilities and related technologies that are not within the Restriction List in line with the present Regulations.

The export of the special dual-use nuclear facilities and related technologies stipulated in the previous paragraph shall go through the process of application for the license in accordance with the provisions of the present Regulations.

Article 21 The MOFCOM shall organize concerned experts into a consultative committee on the export of dual-use nuclear facilities and related technologies and undertake such work as the consultancy, evaluation and explanation concerning the administration on and control over dual-use nuclear facilities and related technologies.

Article 22 The MOFCOM or the MOFCOM together with related competent departments may investigate and impede acts suspected of violating the provisions of the present Regulations. The MOFCOM, as is necessary, may inform the customs of the situation of the equipment, materials, software and related technologies to be exported. As for those under the supervision of the customs, the customs may carry out inspection or detainment; as for those outside the supervision of the customs, the MOFCOM may carry out inspection or detainment. Relevant units and individuals shall offer cooperation and assistance.

Article 23 Where dual-use nuclear facilities are exported in violation of the provisions of the present Regulations, the operator shall be punished in accordance with the provisions of the Customs Law.

Where technologies related to dual-use nuclear facilities are exported in violation of the provisions of the present Regulations, the operator shall be given a warning by the MOFCOM and be imposed on a fine of not less than the same amount of but not more than 5 times of the amount of the illegal business volume; where the illegal business volume is less than 50,000 yuan, a fine of 50,000 yuan up to 250,000 yuan shall be imposed. If there are illegal gains, the illegal gains shall be confiscated; if any crime is constituted, it shall be subject to the criminal liabilities in accordance with the law.

Article 24 Where anyone forges, tampers with or buy and sell export licenses, he shall be punished in accordance with the provisions of related laws and administrative regulations; if any crime is constituted, it shall be subject to the criminal liabilities in accordance with the law.

Where the export license is obtained by deception or other unjust means, the export license shall be confiscated by the MOFCOM and a fine of not less than the same amount of but not more than 5 times of the amount of the illegal business volume shall be imposed; where the illegal business volume is less than 50,000 yuan, a fine of 50, 000 yuan up to 250,000 yuan shall be imposed. If there are illegal gains, the illegal gains shall be confiscated; if any crime is constituted, it shall be subject to the criminal liabilities in accordance with the law.

Article 25 Where public officials responsible for administration on or control over the export of dual-use nuclear facilities and technologies neglect their duties, practice favoritism and engage in malpractices, or abuse their powers, criminal liabilities shall be ascertained where a crime is constituted; or punishment shall be imposed in accordance with related laws where a crime is not involved.

Article 26 The MOFCOM, together with the State Atomic Energy Agency and related authorities, is entitled to make some adjustments to the Restriction List in accordance with the actual situation shall make the adjustments known to the public.

Article 27 Where international treaties to which China is a signatory country bear different stipulations from the present Regulations, the international treaties shall prevail, except for those provisions for which the People's Republic of China had claimed reservation.

Article 28 Where dual-use nuclear facilities and related technologies are exported from areas under special supervision by the customs such as bonded area and export processing zones as well as bonded supervising places such as export supervision warehouses and bonded logistics centers, the present Regulations shall be applied.

The transit, transshipment and through transportation of dual-use nuclear facilities and related technologies shall be carried out in accordance with the provisions of the present Regulations.

Article 29 The present Regulations shall come into force as of the date of promulgation.

(Not the official translation. Source: www.fdi.gov.cn)