REGULATIONS ON EXPORT CONTROL OF NUCLEAR DUAL-USE ITEMS AND RELATED TECHNOLOGIES

    Article 1  These Regulations are formulated for the purpose of
strengthening the export control of nuclear dual-use items and related
technologies, preventing proliferation of nuclear weapons, promoting
international cooperation in peaceful utilization of nuclear energy, and
safeguarding the State security and social and public interests.

    Article 2  The export of nuclear dual-use items and related technologies
referred to in these Regulations mean the export for trade, gifts to and
exhibitions in foreign countries and regions, as well as scientific and
technological cooperation with and assistance to foreign countries and
regions that involve equipment, materials and related technologies outlined
in the Nuclear Dual-Use Items and Related Technologies Export Control
List (hereinafter referred to as the Control List) attached to these
Regulations.

    Article 3  The State shall tightly control the export of nuclear dual-use
items and related technologies, and strictly perform its international
obligations with regard to non-proliferation of nuclear weapons.

    Article 4  The export of nuclear dual-use items and related technologies
shall comply with the provisions of  relevant laws and administrative
regulations of the State as well as these Regulations, and may not jeopardize
the State security or social and public interests.

    Article 5  The State shall practice a licensing control system for the
export of nuclear dual-use items and related technologies.

    Article 6  The following principles shall be observed in licensing the
export of nuclear dual-use items and related technologies:

    (1) The receiving party shall guarantee against using for nuclear
explosion purposes the China-supplied nuclear dual-use items and related
technologies;

    (2) The receiving party shall guarantee against using China-supplied
nuclear dual-use items and related technologies in nuclear facilities which
are not subject to safeguard of and supervision from the International Atomic
Energy Agency;

    (3)The receiving party shall guarantee against transferring, without
permit of the Chinese Government, China-supplied nuclear dual-use items and
related technologies to a third party.

    Article 7  Those engaging in the export of nuclear dual-use items and
related technologies shall register themselves with the Ministry of Foreign
Trade and Economic Cooperation. Without such registration, no enterprise or
individual may engage in the export of nuclear dual-use items and related
technologies. The specific measures for such registration shall be formulated
by the Ministry of Foreign Trade and Economic Cooperation.

    Article 8  Anyone who intends to export nuclear dual-use items and
related technologies outlined in the Control List shall apply to the Ministry
of Foreign Trade and Economic Cooperation, fill in the export application
form for nuclear dual-use items and related technologies (hereinafter
referred to as the export application form) and submit the following
documents:

    (1)identification of the applicant’s legal representative, principal
managers and persons in charge;

    (2)a copy of the contract or agreement;

    (3)technological specifications of the nuclear dual-use items and related
technologies;

    (4)the certificate of the end-user;

    (5)the guarantee documents provided for in Article 6 of these Regulations;

    (6)other documents required by the Ministry of Foreign Trade and Economic
Cooperation.

    Article 9  Where the nuclear dual-use items and related technologies to
be exported are for exhibition or for Chinese party’s own use abroad and will
be re-imported thereafter within a specified time limit, the related
documents provided for in Article 8 of these Regulations may be exempted
from being submitted after examination and approval by the Ministry of
Foreign Trade and Economic Cooperation when making the application.

    Article 10  The applicant shall truthfully fill in the export application
form.

    The export application form shall be uniformly produced by the Ministry
of Foreign Trade and Economic Cooperation.

    Article 11  Upon receiving the export application form and the documents
provided for in Article 8 of these Regulations, the Ministry of Foreign Trade
and Economic Cooperation shall, within 45 working days, examine and approve
or disapprove the application jointly with the State atomic energy authority
or jointly with the State atomic energy authority and consulting with the
relevant departments of the State Council, or with the Ministry of Foreign
Affairs if the case involves the foreign policy.

    Article 12  Where the export  of nuclear dual-use items and related
technologies  has important impact on the State security, social and public
interests or foreign policy, the Ministry of Foreign Trade and Economic
Cooperation shall submit it to the State Council for approval.

    Those submissions to the State Council for approval shall not be subject
to the limitation of time period stipulated in Article 11 of these Regulations.

    Article 13  When an export application of nuclear dual-use items and
related technologies is approved after examination, the Ministry of Foreign
Trade and Economic Cooperation shall issue an export license for nuclear
dual-use items and related technologies  (hereinafter referred  to as the
export license), and notify the Customs in writing.

    Article 14  An export license holder who intends to change the nuclear
dual-use items and related technologies originally applied for export shall
turn in the original export license and file a new application and obtain
a new export license according to the provisions of these Regulations.

    Article 15  When exporting nuclear dual-use items and related
technologies, the exporter shall submit the export license to the Customs,
complete the Customs procedures and be subjected to the Customs control in
accordance with the provisions of the Customs Law.

    Article 16  Where the receiving party contravenes the guarantees made
according to the provisions of Article 6 of these Regulations or where
a danger of nuclear proliferation appears, the Ministry of Foreign Trade
and Economic Cooperation shall, after consulting with the Ministry of Foreign
Affairs and the State atomic energy authority, suspend or revoke the export
license already granted and notify the Customs in writing for execution.

    Article 17  Upon approval of the State Council, the Ministry of Foreign
Trade and Economic Cooperation may,  jointly with the relevant departments
of the State Council,  temporarily decide to exercise export control on
specific nuclear dual-use items and related technologies other than those
outlined in the Control List according to the provisions of these Regulations.

    The export of specific nuclear dual-use items and related technologies
provided for in the preceding paragraph shall be licensed according to the
provisions of these Regulations.

    Article 18  Anyone who, in violation of the provisions of these
Regulations, exports nuclear dual-use items and related technologies, shall
be investigated for his criminal liability according to law if a crime is
constituted, or punished according to the relevant provisions of the Foreign
Trade Law and the Customs Law if a crime is not constituted.

    Article 19  Anyone who counterfeits, alters, sells or buys the export
license shall be investigated for his legal liability according to law.

    Article 20  Any State functionary exercising control over the export of
nuclear dual-use items and related technologies who neglects his duty, seeks
personal interests or commits illegalities for personal gains or by
fraudulent means or abuses his power, shall be investigated for his criminal
liability according to law if a crime is constituted, or be given an
administrative sanction according to law if a crime is not constituted.

    Article 21  In light of real situation, the Ministry of Foreign Trade and
Economic Cooperation, jointly with the State atomic energy authority and
relevant departments of the State Council, may adjust the Control List and
submit it to the State Council for approval before implementation.

    Article 22  Where an international treaty that the People’s Republic of
China has concluded or acceded to contains provisions different from those
of these Regulations, the provisions of the international treaty shall apply,
unless the provisions are those on which the People’s Republic of China has
declared reservations.

    1.1. Flow-forming machines and spin-forming machines capable of
flow-forming functions, and mandrels, as follows, and specially designed
software therefor:

    (a) (i) Having three or more rollers (active or guiding); and

        (ii) According to the manufacturer’s technical specification can be
equipped with “numerical control” units or a computer control;

    (b) Rotor-forming mandrels designed to form cylindrical rotors of inside
diameter between 75 mm (3 in.) and 400 mm (16 in.).

    Note: This entry includes machines which have only a single roller
designed to deform metal plus two auxiliary rollers which support the
mandrel, but do not participate directly in the deformation process.

    1.2.”Numerical control” units, “numerical controlled” machine tools, and
specially designed “software” as follows:

    (a) Note : For “Numerical control” units controlled by its associated
software, see section (c)(2).

    (b) Machine tools, as follows, for removing or cutting metals, ceramics,
or composites, which, according to the manufacturer’s technical
specifications, can be equipped with electronic devices for simultaneous
“contouring control” in two or more axes:

    (1) Machine tools for turning, that have “positioning accuracies” with
all compensations available less (better) than 0.006 mm along any linear
axis (overall positioning) for machines capable of machining diameters
greater than 35 mm.

    Note: Bar machines (Swissturn), limited to machining only bar feed thru.
are excluded if maximum bar diameter is equal to or less than 42 mm and there
is no capability of mounting chucks. Machines may have drilling and/or
milling capabilities for machining parts with diameters less than 42 mm.

    (2) Machine tools for milling, having any of the following
characteristics:

    (a) “Positioning accuracies” with all compensations available are less
(better) than 0.006 mm along any linear axis (overall positioning); or

    (b) Two or more contouring rotary axes.

    Note: This does not control milling machines having the following
characteristics:

    (a) X-axis travel greater than 2 m; and

    (b) Overall “positioning accuracy” on the x-axis more (worse) than
0.030 mm.

    (3) Machine tools for grinding, having any of the following
characteristics:

    (a) “Positioning accuracies” with all compensations available are less
(better) than 0.004 mm along any linear axis (overall positioning); or

    (b) Having two or more contouring rotary axes.

    Note: The following grinding machines are excluded:

    (a) Cylindrical external, internal, and external-internal grinding
machines having all the following characteristics:

    (1) Limited to cylindrical grinding

    (2) A Maximum workpiece outside diameter or length of 150 mm

    (3) Not more than two axes that can be coordinated simultaneously for
“contouring control”; and

    (4) No contouring axis

    (b) Jig grinders with axes limited to x, y, c, and a, where c axis is
used to  maintain the grinding wheel normal to the work surface, and the
a axis is configured to grind barrel cams.

    (c) Tool or cutter grinding, machines with “software” specially designed
for the production of tools or cutters; or

    (d) Crankshaft or camshaft grinding machines.

    (4) Non-wire type Electrical Discharge Machines (EDM) that have two or
more contouring rotary axes and that can be coordinated simultaneously for
“contouring control”.

    Note: Guaranteed “Positioning accuracy” levels instead of individual test
protocols may be used for each machine tool model using the agreed ISO test
procedure.

    Technical Notes:

    1. Not counted in the total number of contouring rotary axes are
secondary parallel contouring rotary axes the center line of which is
parallel to the primary rotary axis.

    2. Rotary axes do not necessarily have to rotate over 360 degrees. A
rotary axis can be driven by a linear device, e.g., a screw or
a rack-and-pinion.

    (c) “Software”

    (1) “Software” specially designed or modified for the “development”,
“production”, or “use” of equipment controlled by subcategories (a) or
(b) above.

    (2) “Software” for any combination of electronic devices or system
enabling such device(s) to function as a “numerical control” unit capable of
controlling 5 or more interpolating axes that can be coordinated
simultaneously for “contouring control”.

    Note 1: – “Software” is controlled whether exported separately or
residing in a “numerical control” unit or any electronic device or system.

    Note 2: – “Software” specially designed or modified by the manufacturers
of the control unit or machine tool to operate an uncontrolled machine tool
is not controlled.

    1.3. Dimensional inspection machines, devices, or systems, as follows,
specially designed software therefor.

    (a) Computer controlled or numerically controlled dimensional inspection
machines having both of the following characteristics:

    (1) two or more axes; and

    (2) a one-dimensional length “measurement uncertainty” equal to or less
(better) than (1.25+ L/1000) m/1000000 tested with a probe of an “accuracy”
of less (better) than 0.2 m/1000000 (L is the measured length in millimeters);

    (b) Linear and angular displacement measuring devices, as follows:

    (1) linear measuring instruments having any of the following
characteristics:

    (i) non-contact type measuring systems with a “resolution” equal to or
less (better) than 0.2 m/1000000 within a measuring range up to 0.2 mm;

    (ii) linear variable differential transformer (LVDT) systems having both
of the following characteristics:

    (A) “linearity” equal to or less (better) than 0.1% within a measuring
range up to 5 mm; and

    (B) drift equal to or less (better) than 0.1% per day at a standard
ambient test room temperature +-1K; or

    (iii) measuring systems that have both of the following characteristics:

    (A) contain a “laser”, and

    (B) maintain for at least 12 hours, over a temperature range of +-1K
around a standard temperature and a standard pressure:

    1) a “resolution” over their full scale of 0.1 m/1000000 or better; and

    2) with a “measurement uncertainty” equal to or less (better) than
(0.2+L/2000) m/1000000 (L is the measured length in millimeters);

    except measuring interferometer systems, without closed or open loop
feedback. containing a “laser” to measure slide movement errors of machine
tools, dimensional inspection machines, or similar equipment;

    (2) angular measuring instruments having an “angular position deviation”
equal to or less (better) than 0.00025′;

    Note: The sub-item (b) (2) of this item does not control optical
instruments, such as autocollimators, using collimated light to detect
angular displacement of a mirror.

    (c) Systems for simultaneously linear-angular inspection of hemishells,
having both of the following characteristics:

    (1) “measurement uncertainty” along any linear axis equal to or less
(better) than 3.5 m/1000000 per 1 mm; and

    (2) “angular position deviation” equal to or less than 0.02′.

    Note: Specially designed software for the systems described in paragraph
(c) of this item includes software for simultaneous measurements of wall
thickness and contour.

    Technical Notes:

    1. “Measurement uncertainty”

    — The characteristic parameter which specifies in what range around the
output value the correct value of the measurable variable lies with
a confidence level of 95%. It includes the uncorrected systematic deviations,
the uncorrected backlash, and the random deviations.

    2. “Resolution”

    — The least increment of a measuring device; on digital instruments, the
least significant bit.

    3. “Linearity”

    –(Usually measured in terms of non linearity) is the maximum deviation
of the actual characteristic (average of upscale and downscale readings),
positive or negative from a straight line so positioned as to equalize and
minimize the maximum deviations.

    4. “Angular position deviation”

    — The maximum difference between angular position and the actual, very
accurately measured angular position after the workpiece mount of the table
has been turned out of its initial position.

    1.4. Vacuum or controlled environment (inert gas) induction furnaces
capable of operation above 850 centigrade and having induction coils 600 mm
(24 in.) or less in diameter, and designed for power inputs of 5 kW or more;
and power supplies specially designed therefor with a specified power output
of 5 kW or more.

    Technical Note: This entry does not control furnaces designed for the
processing of semiconductor wafers.

    1.5.”Isostatic presses” capable of achieving a maximum working pressure
of 69 MPa or greater having a chamber cavity with an inside diameter in
excess of 152 mm and specially designed dies, molds, controls or “specially
designed software” therefor.

    Technical Notes:  

    (1) The inside chamber dimension is that of the chamber in which both the
working temperature and the working pressure are achieved and does not
include fixtures. That dimension will be the smaller of either the inside
diameter of the pressure chamber or the inside diameter of the insulated
furnace chamber, depending on which of the two chambers is located inside
the other.

    (2) “Isostatic Presses”

    — Equipment capable of pressurizing a closed cavity through various
media (gas, liquid, solid particles, etc.) to create equal pressure in all
directions within the cavity upon a workpiece or material.

    1.6.”Robots” or “end-effectors” having either of the following
characteristics; and “specially designed software” or specially designed
controllers therefor:

    (a) Specially designed to comply with national safety standards
applicable to handling high explosives (for example, meeting electrical code
ratings for high explosives); or

    (b) Specially designed or rated as radiation hardened to withstand
greater than 5 x 10^4 grays (Silicon) (5 x 10^6 rad (Silicon)) without
operational degradation.

    Technical Notes:

    (1) “Robot”

    A manipulation mechanism, which may be of the continuous path or of the
point-to-point variety, may use “sensors,” and has all of the following
characteristics:

    (a) is multifunctional;

    (b) is capable of positioning or orienting material, parts, tools, or
special devices through variable movements in three -dimensional space;

    (c) incorporates three or more closed or open loop servo-devices which
may include stepping motors; and

    (d) has “user-accessible programmability” by means of teach/playback
method or by means of an electronic computer which may be a programmable
logic controlled, i.e. without mechanical intervention.

    N.B.

    The above definition does not include the following devices:

    (a) Manipulation mechanisms which are only manually/teleoperator
controllable;

    (b) Fixed sequence manipulation mechanisms which are automated moving
devices operating according to mechanically fixed programmed motions. The
program is mechanically limited by fixed stops, such as pins or cams. The
sequence of motions and the selection of paths or angles are not variable or
changeable by mechanical, electronic, or electrical means;

    (c) Mechanically controlled variable sequence manipulation mechanisms
which are automated moving devices operating according to mechanically fixed
programmed motions. The program is mechanically limited by fixed, but
adjustable, stops such as pins or cams. The sequence of motions and the
selection of paths or angles are variable within the fixed program pattern.
Variations or modifications of the program pattern (e.g., changes of pins or
exchanges of cams) in one or more motion axes are accomplished only through
mechanical operations;

    (d) Non-servo-controlled variable sequence manipulation mechanisms which
are automated moving devices, operating according to mechanically fixed
programmed motions. The program is variable but the sequence proceeds only by
the binary signal from mechanically fixed electrical binary devices or
adjustable stops;

    (e) Stacker cranes defined as Cartesian coordinate manipulator systems
manufactured as an integral part of a vertical array of storage bins and
designed to access the contents of those bins for storage or retrieval.

    (2) “End-effectors”

    “End-effectors” include grippers, “active tooling units,” and any other
tooling that is attached to the baseplate on the end of a “robot” manipulator
arm.

    (3) The definition in (a) above is not designed to control robots
specially designed for nonnuclear industrial applications such as automobile
paint-spraying booths.

    1.7.Vibration test systems, equipment, components and software therefor,
as follows:

    (a) Electrodynamic vibration test systems, employing feedback or closed
loop control techniques and incorporating a digital controller, capable of
vibrating at 10 g RMS or more between 20 Hz and 2000 Hz and imparting forces
of 50 kN (11,250 lbs) measured ‘bare table’, or greater;

    (b) Digital controllers, combined with “specially designed software” for
vibration testing, with a real-time bandwidth greater than 5 kHz and being
designed for use with the systems controlled in a. above;

    (c) Vibration thrusters (shaker units), with or without associated
amplifiers, capable of imparting a force of 50 kN (11,250 lbs),
measured ‘bare table’, or greater, which are usable for the systems
controlled in a. above;

    (d) Test piece support structures and electronic units designed to
combine multiple shaker units into a complete shaker system capable of
providing an effective combined force of 50 kN, measured ‘bare table’, or
greater, which are usable for the systems controlled in a. above;

    (e) “Specially designed software” for use with the systems controlled
in a. above or for the electronic units controlled in d. above.

    1.8.Vacuum and controlled atmosphere metallurgical melting and casting
furnaces as follows; and specially configured computer control and monitoring
systems and “specially designed software” therefor:

    (a)Arc remelt and casting furnaces with consumable electrode capacities
between 1000 cm^3 and 20,000 cm^3 and capable of operating with melting
temperatures above 1700 centigrade;

    2.1. Aluminum alloys capable of an ultimate tensile strength of 460 Mpa
(0.46 x 10^9 N/m^2 ) or more at 293 K (20 centigrade), in the form of tubes or
cylindrical solid forms (including forgings) with an outside diameter of more
than 75 mm (3 in.).

    Technical Note: The phrase “capable of” encompasses aluminum alloys
before or after heat treatment.

    2.2. Beryllium metal, alloys containing more than 50% beryllium by
weight, beryllium compounds, and manufactures thereof, except:

    (a) Metal windows for X-ray machines, or for bore-hole logging devices;

    (b) Oxide shapes in fabricated or semi-fabricated forms specially
designed for electronic component parts or as substrates for electronic
circuits;

    (c) Beryl (silicate of beryllium and aluminum) in the form of emeralds
or aquamarines.

    Technical Note: This entry includes waste and scrap containing beryllium
as defined above.

    2.3.High-purity (99.99% or greater) bismuth with very low silver
content (less than 10 parts per million).

    2.4.Boron and boron compounds, mixtures, and loaded materials in which
the boron- 10 isotope is more than 20% by weight of the total boron content.

    2.5.Calcium (high purity) containing both less than 1000 parts per
million by weight of metallic impurities other than magnesium and less than
10 parts per million of boron.

    2.6.Chlorine Trifluoride (CIF3).

    2.7.Crucibles made of materials resistant to liquid actinide metals,
as follows:

    (a) Crucibles with a volume of between 150 ml and 8 liters and made of
or coated with any of the following materials having a purity of 98% or
greater:

    (i) Calcium fluoride (CaF2)

    (ii) Calcium zirconate (metazirconate) (CaZrO3)

    (iii) Cerium sulfide (Ce2S3 )

    (iv) Erbium oxide (erbia) (Er2O3)

    (v) Hafnium oxide (hafnia) (HfO2)

    (vi) Magnesium oxide (MgO)

    (vii) Nitrided niobium-titanium-tungsten alloy (approximately 50% Nb,
30% Ti, 20% W)

    (viii) Yttrium oxide (yttria) (Y2O3 )

    (ix) Zirconium oxide (zirconia) (ZrO2)

    (