The People's Daily published an article entitled
Keep on Improving Non-Proliferation Mechanism and Promote
World Peace and Development -- China's Non-Proliferation
Policy and Practice by Vice Foreign Minister Wang Guangya on
October 16, 2002. The article was also published in China
Daily on October 17 and will be published in Beijing Review
(Issue No. 44). The full text is as follows:
To
prevent the proliferation of weapons of mass destruction and
their delivery systems is conducive to the preservation of
regional and world peace and security. This is now a
consensus of the international community. Over the past
decades, the international community has, with the joint
efforts of all countries, established a relatively complete
international non-proliferation system. Such a system has
played a positive role in slowing down and preventing the
proliferation of weapons of mass destruction and maintaining
global and regional peace and stability. Today when peace
and development are the main themes, the international
non-proliferation process has become an important component
of mankind’s pursuit of peace and
development.
In recent years, economic
globalization and the rapid development of science and
technology have provided the international community with
good opportunities for cooperation and development but at
the same time new challenges to international security as
well. Non-traditional security threats as represented by
international terrorism are increasingly grave.
The world is facing a new situation in which
traditional and non-traditional security factors are
interwoven whereas the non-traditional ones are steadily on
the rise. The sarin gas attack that took place in Japan
several years ago, the September 11th terrorist attacks in
the US last year and the subsequent anthrax scare are all
typical reflections of this situation. Under the new
circumstances, countries are more closely linked to each
other in security matters and their interdependence is ever
deepening. To step up international cooperation and seek
common security of all countries has become an inevitable
demand of the times. At present, it is a
particularly important and urgent task to strengthen
international cooperation in the non-proliferation area and
to develop and improve the international non-proliferation
system.
As a major country, China has all along
taken a responsible attitude towards international affairs
and actively committed itself to the preservation and
promotion of world peace, stability and development.
We have always believed that proliferation of
weapons of mass destruction is neither in the interest of
world peace and stability, nor beneficial to the security of
China itself. Therefore, China has consistently stood for
the complete prohibition and thorough destruction of all
kinds of weapons of mass destruction and firmly against the
proliferation of weapons of mass destruction and their
delivery systems. For this, China has over the
years been an active participant in international
non-proliferation efforts. At the same time, we have
steadfastly pursued a policy of not advocating, encouraging
or assisting any other country in developing weapons of mass
destruction and made our contribution with concrete deeds to
the international non-proliferation process.
Up
to now, China has acceded to almost all the international
legal instruments and most of the international
organizations related to non-proliferation of weapons of
mass destruction. In the nuclear field, it joined the
International Atomic Energy Agency (IAEA) in 1984 and placed
its civilian nuclear facilities under IAEA safeguards on
voluntary offer. It acceded to the Treaty on the
Non-Proliferation of Nuclear Weapons (NPT) in 1992.
In 1997, it became a member of the “Zangger
Committee”, which is an international nuclear export
control mechanism. It signed the Additional
Protocol to its Safeguards Agreement with the IAEA in 1998
and completed the domestic legal procedures in early 2002
for the entry into force of the Protocol, thus becoming the
first among the five nuclear weapon states that has done so.
China was among the first countries to sign the
Comprehensive Nuclear-Test-Ban Treaty (CTBT) in 1996 and has
supported and actively participated in the work of the
Preparatory Commission for the Comprehensive
Nuclear-Test-Ban Treaty Organization (CTBTO). In the
biological and chemical fields, it joined the Biological
Weapons Convention in 1984 and has taken an active part in
the international efforts aimed at enhancing the efficacy of
the convention. China made positive contribution to the
negotiation and conclusion of the Chemical Weapons
Convention and ratified the convention in 1996. Since the
entry into force of the convention, China has always
supported the work of the Organization for the Prohibition
of Chemical Weapons (OPCW) and carried out in earnest all
its obligations thereunder. Moreover, it has supported the
efforts of relevant countries to establish nuclear-weapon
free zones by acceding to the relevant protocols to the
treaties on the nuclear-weapon free zones in Latin America
and the Caribbean, South Pacific and Africa, and has made an
explicit commitment to sign the related protocol to the
Treaty on the South-East Asia Nuclear-Weapon Free
Zone.
At the same time, China has been positive
and open-minded about all proposals on strengthening the
international non-proliferation system. We support
the endeavor made by the international community to resolve
the missile proliferation issue and are actively involved in
the work of the UN Panel of Governmental Experts on Missiles
and the international discussions on the International Code
of Conduct Against Ballistic Missile Proliferation (ICOC)
and the Global Control System for Non-Proliferation of
Missiles and Missile Technologies (GCS). The September 11th
attacks have made it more urgent to prevent terrorist
organizations from getting hold of weapons of mass
destruction. Therefore, China supports the IAEA in
playing its part in preventing potential nuclear terrorist
activities. China has been an active player in the work to
amend the Convention on the Physical Protection of Nuclear
Materials and played a constructive role in this
process.
Effective control of the materials,
equipment and technologies that can be used for the
development and production of weapons of mass destruction
and their delivery systems is an important aspect in the
fulfillment of international non-proliferation obligations
by countries and the key to the success of the international
non-proliferation efforts. As a country with
relatively comprehensive scientific, technological and
industrial capacities, China knows full well its
international responsibility on the non-proliferation issue.
China has long adopted strict measures both on the
management of sensitive items and technologies at home and
on export control, and it has constantly improved such
measures in light of the changing
situation.
For a rather long period in the
past, China followed a central planning system with its
economy dominated by state-owned enterprises, and the state
relied mainly on administrative measures in import and
export management. It was effective under the then
historical conditions. However, with the deepening
of reform and opening-up, tremendous changes have taken
place in China’s domestic economy and foreign trade.
The original management model is becoming less
effective in meeting the requirement of the current
situation, and needs to be transformed into a system based
on legal means. Therefore, since the beginning of the reform
and opening-up, especially in the past decade, we have
steadily strengthened the framework of law for
non-proliferation in a spirit of “governing the
country by law”, so as to ensure the effective
implementation of the government policies on
non-proliferation. As China has already joined the
World Trade Organization, Chinese enterprises and
individuals will be more extensively and deeply involved in
international economic activities. The task for export
control according to law will grow heavier. The rising
terrorist threat has also set out new requirements for our
non-proliferation work. Therefore, it seems all the more
imperative to further strengthen the framework of law for
non-proliferation and to establish an open and transparent
system of laws and regulations suited to the market economy.
The Chinese Government and state leaders have all along
attached great importance to this work. Under the direct
attention and guidance of state leaders, China’s
non-proliferation work has made much headway. Now China has
established a relatively complete mechanism of
non-proliferation management that covers nuclear,
biological, chemical, missile and other
fields.
In the nuclear field, China exercises
stringent management and control over nuclear export and
nuclear material. China’s nuclear export is
monopolized by companies designated by the State Council,
adhering to the following three principles: nuclear
materials imported from China will be used only for peaceful
purposes, placed under IAEA safeguards, and not transferred
to a third country without prior consent of the Chinese
Government. In 1997, the Chinese Government issued the
Regulations of the PRC on Nuclear Export Control. Apart from
the above-mentioned three principles, the Regulations also
give expression to the policy of not rendering any
assistance to nuclear facilities that are not placed under
IAEA safeguards. The Chinese Government promulgated the
Regulations of the PRC on the Control of Nuclear Dual-Use
Items and Related Technologies Export in 1998, thus
improving China’s system of law on nuclear export
control. In nuclear material management, after joining IAEA,
China established a “State System for Accounting and
Control of Nuclear Material” in compliance with
safeguard requirements and “Nuclear Material Security
System” in keeping with the Convention on the Physical
Protection of Nuclear Material. The Chinese Government
issued the Regulations of the PRC on Nuclear Material
Control and its Practice Guidelines in 1987 and 1990
respectively. To this day, no illegal transfer of nuclear
material has occurred in China.
In the chemical
field, China has strictly discharged its obligations under
the Chemical Weapons Convention and never manufactured,
stockpiled, or helped any other country to acquire or
develop chemical weapons. From 1995 to 1997, the Chinese
Government issued a series of laws and regulations, such as
the Regulations on the Administration of the Controlled
Chemicals, Controlled Chemicals List and Rules on the
Implementation of the Regulations on the Administration of
the Controlled Chemicals, in order to exercise a strict
control on the production, operation, import and export of
dual-use chemicals and related equipments and technologies.
According to these regulations, the import and export of
controlled chemicals must be entrusted to state-designated
companies, and no other entities or individuals are allowed
to engage in such business. The Chinese Government made
revisions to the Controlled Chemicals List in 1998, adding
10 chemicals to the list. To intensify the export control of
chemicals and related technologies and equipment, the
Chinese Government will issue the Administrative Rules on
the Export Control of Relevant Chemicals and Related
Equipment and Technologies (including an export control
list) soon.
In the biological field, China has
always strictly fulfilled the obligations under the
Biological Weapons Convention. Over the past
decade and more, the Chinese Government has formulated a
series of regulations, setting strict provisions on the
activities such as production, management, use, stockpiling,
carrying and transfer of relevant dangerous bacteria
(viruses), vaccine and biological products. To improve the
export management on dual-use biological products and
related equipment and technologies, the Regulations on the
Export Control of Dual-use Biological Products and Related
Equipment and Technologies (including an export control
list) will be issued soon.
In the missile
field, China has all along taken a prudent and responsible
attitude towards the export of missiles and related
technologies. In 1992, China declared that it would observe
the guidelines and parameters of the Missile Technology
Control Regime (MTCR) in the export of missiles and related
technologies. China declared in 1994 that it would not
export ground-to-ground missiles featuring the primary
parameters of the MTCR--that is, inherently capable of
reaching a range of at least 300 km with a payload of at
least 500 kg. In 2000, China further declared that it had no
intention to assist any country in any way in the
development of ballistic missiles that can be used to
deliver nuclear weapons. Recently, the Chinese Government
promulgated the Regulations of the PRC on Export Control of
Missiles and Missile-related Items and Technologies and the
Export Control List, which are of great significance as they
incorporate, in light of China’s actual conditions and
the prevailing international practice, the export of
missiles and missile-related items and technologies as well
as missile-related dual-use items and technologies into a
framework of law-based management.
In addition
to the above-mentioned specialized provisions, some other
laws and regulations issued by the Chinese Government also
cover the management of sensitive items and technologies. In
order to carry out a unified administration of arms trade,
the Chinese Government promulgated the Regulations of the
PRC on the Administration of Arms Export in 1997. According
to these regulations, China sticks to the following three
principles in arms export: conducive to the capability for
legitimate self-defense of the recipient country; not
detrimental to peace, security and stability of the region
concerned and the world as a whole; non-interference in the
internal affairs of the recipient country. The Regulations
stipulate that arms export can only be conducted by arms
trading companies with business operations rights for arms
export, subject to a licensing system, and that dual-use
products whose end-use is for a military purpose will be
controlled as arms. China promulgated the Administrative
Regulations of the PRC on the Import and Export Control of
Technologies in 2001, putting a strict control on the export
of nuclear technologies, technologies related to dual-use
nuclear products and the production of controlled chemicals
and military technologies. To prevent terrorist
activities using chemical or biological means, China made a
new amendment to the Criminal Law in 2001, which explicitly
identifies as crime such acts of endangering public security
as illegal production, transportation, stockpiling and
spreading toxic materials, pathogen of infectious diseases.
Besides, China’s Criminal Law, Customs Law and Law of
Administrative Punishment have also provided relevant
legislations with the basis for punishment.
It
is not difficult for us to see from the above that the
Chinese non-proliferation management mechanism has two basic
characteristics as follows:
1. The
administrative management has been by and large transformed
into one of management by law. Compared with administrative
orders, management by law has such merits as clearly defined
rights and obligations, extensive application, greater
transparency and stronger operability. The current Chinese
non-proliferation legal system has also given full
expression to these characteristics. As an integrated whole,
this system has not only adjusted the corporate and
individual behaviors in the production and operation of
sensitive items, but also made corresponding stipulations
about the rights and obligations of the competent
authorities of China. At the same time, in the relevant laws
and regulations, necessary provisions have been laid down
against breaches of law, and a set of punishment mechanism
including administrative and criminal punishment has been
set up. Following the principle that laws must be observed
and strictly enforced, we have continued to step up the
supervision and effectively prevented some law-breaking
cases. Every enterprise or individual that engages in
illegal transactions, once verified by the competent
authorities, will be dealt with according to law. Practice
shows that the new management mechanism has not only ensured
the implementation of the government’s
non-proliferation policy and the smooth operation of normal
business and trade, but also produced good results by
enhancing the international community’s understanding
of China’s policy.
2. On the basis of
taking full consideration of China’s national
conditions, this mechanism has been brought in line with the
international practice. In building up the non-proliferation
mechanism, we need not only to consider the national
conditions, but also to draw upon some international
practices, as inevitably required by the larger
international environment. At present, China has adopted
such international practices as the end-use and end-user
guarantee system, licensing system, control list and
“catch-all” principle, which have been applied
to nuclear, biological, chemical, missile and other fields.
China has also converged with international standards in
terms of the scope of the control lists. In the nuclear
field, our Nuclear Export Control List and Export Control
List of Nuclear Dual-use Items and Related Technologies
cover all the items and technologies included in the
“Zangger Committee” list and control list of
Nuclear Suppliers Group (NSG). In the biological
and chemical fields, our lists cover all items and
technologies in the control list of Chemical Weapons
Convention and the Australia Group. In the missile field,
our list is basically the same as the MTCR Annex in terms of
the control scope and relevant parameters.
The
Chinese Government has been firm and consistent in its
policy against the proliferation of weapons of mass
destruction. We believe that on such a good foundation as it
is now, our non-proliferation work will be even more
successful. However, we are also aware of the new
requirements and the challenges to our work by the
ever-changing international and domestic situations. In
future, on one hand, we need to strengthen law enforcement
efforts and the promotion of policies and laws, so as to
ensure the full implementation of the existing laws and
regulations. On the other, we need to consolidate and
improve the current legal and management mechanisms in light
of the changing situation and in a spirit of keeping pace
with the times. Meanwhile, we believe that no country can
proceed with non-proliferation effort in isolation from
others and that it is vitally important to boost
international cooperation and exchanges. To conduct all
kinds of international cooperation and exchanges helps
countries to draw upon the successful experience and
measures of others to offset their own weaknesses, and also
facilitates the resolution of differences and enhancement of
mutual trust. Therefore, the Chinese Government has all
along attached importance to international cooperation in
this field and maintained good communications and
consultations with other countries. Under the new situation,
we are ready to further expand and deepen our
non-proliferation exchanges and cooperation with other
countries.
The non-proliferation efforts of
each and every country and the development of the
international non-proliferation system are complementary and
closely related. The international non-proliferation
objectives cannot be achieved without efforts of individual
countries. And the development of
non-proliferation system in these countries is inseparable
from the overall improvement of the international
non-proliferation mechanism. In the past decade or so, the
international non-proliferation regime has become stronger,
but it still faces many problems and challenges.
Strengthened non-proliferation should not hinder
international scientific and technological cooperation, nor
should it impede developing countries’ peaceful uses
of science and technology. In pursuing
non-proliferation goals, the international community should
uphold justice, take a serious approach and forsake
selfishness and double standard. Nowadays, terrorism and
other non-traditional threats are posing new challenges to
the international non-proliferation system.
Whether the international non-proliferation system
can last long and the non-proliferation objectives can be
materialized depend on whether we can properly settle these
issues. The international community should pay close
attention to it.
China has always been
committed to the sound development of the international
non-proliferation system. We believe that since the
proliferation of weapons of mass destruction has its complex
causes, non-proliferation efforts should follow the
principle of seeking both temporary and permanent solutions,
and these solutions should be sought through political and
diplomatic means. Sanctions, pressures or threat of force
cannot solve the problem, rather it will damage the good
international environment needed for the development of
international non-proliferation system. A general
improvement in international relations is both the
fundamental way to eliminate threats and the precondition
for an effective conduct of non-proliferation efforts. Only
through joint efforts of the international community can the
non-proliferation objectives be realized. However, to ensure
the wide support of countries and their extensive
participation, the whole non-proliferation system must be
just and reasonable. That is, the non-discriminatory nature
and the countries’ right to peaceful uses of advanced
science and technology must be guaranteed. The consolidation
of the existing non-proliferation mechanisms and the
establishment of new ones should both be based on universal
participation and democratic decision-making by all
countries with a full play to the role of the UN. China is
ready to work with the rest of the international community
to promote the development and improvement of the
international non-proliferation system and make contribution
to international peace, stability and development.