원전건설 관련 물자의 수출 및 이전에 대한 국제수출통제규칙과 원전수출 지원을 위한 대외무역법규의 적용방향
The International Rules of Export and Transfer Control on Items Used to Construct Nuclear Power Plants and Proposals for the Application of Foreign Trade Regulations to Facilitate the Export of the Plants
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This article focuses on export and transfer control rules on dual use items (“products and technology”) used to construct nuclear power plants under international export control regimes. Nuclear Suppliers Group(NSG), Treaty on the Nonproliferation of Nuclear Weapons(NPT) and Agreement for Nuclear Energy Cooperation have established rules and procedures recognizing member’s sovereign right for the peaceful use of nuclear materials but strictly regulating military use. Considering that developed countries including the United States of America have taken sanctions against foreign companies violating national export control regulations, and that all United Nations(UN) members have a legal obligation to implement the UN Security Council Resolutions for nonproliferation of weapons of mass destruction (WMD), it is indispensable for government authority to comply with and make the best use of international export control rules, with a view to maintaining sustainable development in the field of energy industry engaged in exporting nuclear power plants, but not to endanger national security and international peace. Export controls on strategic items are indispensable to carry out prosperity and peace through international trade. With a view to effectively supporting domestic energy companies engaged in exporting nuclear power plants, government authority should guarantee export license for items used to construct nuclear power plants for the peaceful use, apply transparent foreign trade regulations and national export control regulations to implement international export control rules. The government should also establish an effective system for information exchange and consultation with foreign government authorities participating in nonproliferation regimes. The export control system of strategic items should be operated not to impose burdensome additional costs on exporting companies, but to protect companies from being imposed severe penalties under national and international export control regulations.
Abstract
This article focuses on export and transfer control rules on dual use items (“products and technology”) used to construct nuclear power plants under international export control regimes. Nuclear Suppliers Group(NSG), Treaty on the Nonproliferation of Nuclear Weapons(NPT) and Agreement for Nuclear Energy Cooperation have established rules and procedures recognizing member’s sovereign right for the peaceful use of nuclear materials but strictly regulating military use. Considering that developed countries including the United States of America have taken sanctions against foreign companies violating national export control regulations, and that all United Nations(UN) members have a legal obligation to implement the UN Security Council Resolutions for nonproliferation of weapons of mass destruction (WMD), it is indispensable for government authority to comply with and make the best use of international export control rules, with a view to maintaining sustainable development in the field of energy industry engaged in exporting nuclear power plants, but not to endanger national security and international peace. Export controls on strategic items are indispensable to carry out prosperity and peace through international trade. With a view to effectively supporting domestic energy companies engaged in exporting nuclear power plants, government authority should guarantee export license for items used to construct nuclear power plants for the peaceful use, apply transparent foreign trade regulations and national export control regulations to implement international export control rules. The government should also establish an effective system for information exchange and consultation with foreign government authorities participating in nonproliferation regimes. The export control system of strategic items should be operated not to impose burdensome additional costs on exporting companies, but to protect companies from being imposed severe penalties under national and international export control regulations.
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