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Statement by Minister Counsellor Li Sen at the Conference of the Parties to A/CPPNM under the Agenda Item 12.3: National Measures for the Criminalization
2022-03-31 16:31

Distinguished Co-President, colleagues,

The Chinese Government, in accordance with the principle of the rule of law, strictly prevents and severely combats all kinds of criminal acts involving nuclear materials and other radioactive substances, related facilities and activities, in order to safeguard state security, public safety and the lives and property of the people.

In accordance with the Law of the People's Republic of China on Administrative Punishment, the Law of the People's Republic of China on Public Security Administration Punishment, the Criminal Law of the People's Republic of China and the relevant laws, regulations and departmental rules on nuclear security, China mainly adopts three types of punishments - namely administrative punishment, public security administration punishment and criminal punishment - for offences involving nuclear materials and other radioactive substances, related facilities and activities.

According to the Nuclear Safety Law of the People's Republic of China and the Regulations of the People's Republic of China on the Control of Nuclear Materials, if a nuclear material licensee engages in the production, use, storage and disposal of nuclear materials without approval or in violation of the regulations, fails to report or falsely reports relevant facts and materials in accordance with the regulations, refuses supervision or inspection, fails to manage in accordance with the regulations and causes an accident, etc., it will be given a warning, a deadline for improvement, and an administrative penalty such as fines and license revocation in light of the severity of the offenses.

According to the Regulations of the People's Republic of China on the Control of Nuclear Materials, anyone who disobeys the control of nuclear materials, violates the rules and regulations and thus causes a major accident with serious consequences, or steals, loots or destroys nuclear materials controlled by these regulations, which constitutes a crime, will be held criminally responsible by judicial organs according to law.

According to the Ministry of Public Security and the China Atomic Energy Authority's Regulations on the Physical Protection of Nuclear Materials in International Transport, if an operator in the import and export trade of nuclear materials fails to take physical protection measures in accordance with the law or makes an inaccurate declaration, the competent authorities will order it to rectify the situation within a certain period of time, and if it fails to do so, it will be subject to administrative penalties such as warnings, serious warnings, fines or revocation of licenses, depending on the severity of the circumstances. According to the Ministry of Public Security and the China Atomic Energy Authority's Regulations on the Physical Protection of International Transport of Nuclear Materials, those who commit one of the following acts, which constitute a crime, will be held criminally responsible by judicial organs according to law: first, receiving, possessing, using, transferring, replacing or disposing of nuclear materials without legal authorization; second, stealing or robbing nuclear materials; third, obtaining nuclear materials by deception, extortion or other illegal means; fourth, using nuclear materials to threaten natural or legal persons, international organizations or countries to take or not to take certain actions. Where the above four types of acts occur within China or on a vehicle registered in China, Chinese law shall apply. Where a person accused of one of the above acts escapes abroad, he shall be extradited to China in accordance with the relevant provisions of Chinese law and international treaties and shall be punished in accordance with the law. 

The Law of the People's Republic of China on Public Security Administration Punishments  provides for public security administration punishments for offences involving nuclear materials and other dangerous substances that do not yet constitute a crime, such as disturbing public order, obstructing public security, infringing on personal rights and property rights, and obstructing social administration. The Criminal Law of the People's Republic of China provides for detailed provisions on the conviction and punishment of offences involving nuclear materials and other dangerous substances. 

In order to safeguard the normal conduct of extradition, strengthen international cooperation in the punishment of crimes, protect the legitimate rights and interests of individuals and organisations, and safeguard national interests and social order, the Chinese government promulgated and implemented the Extradition Law of the People's Republic of China on 28 December 2000. By the end of 2021, the Chinese government had concluded extradition treaties with 60 governments.

Thank you, Co-President!

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