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Circular on Further Strengthening Supervision Over the Import and Export
of Chemical Materials That Can Be Used in the Production of  Chemical Weapons

Ministry of Chemical Industry
Ministry of Foreign Affairs
Ministry of Foreign Trade and Economic Cooperation
PRC General Administration of Customs
Chemical Weapons Issuance (1997) No. 552

29 August 1997
 

Foreign Trade Committees, Departments, and Bureaus as well as Chemical Industry Departments and Bureaus in provinces, autonomous regions, and in municipalities directly under the Central government; Guangdong Customs Sub-administration, and local Customs offices:

The "Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction" (hereafter, "Convention on the Prohibition of Chemical Weapons") formally took effect on 29 April. Our country has already submitted a notice of ratification to the United Nations and has become an original signatory state to this convention.

Our government has consistently maintained a prudent and responsible attitude toward the export of chemical materials and their technology and equipment that can be used in the production of chemical weapons, not exporting chemical materials, technology, or equipment for use in the manufacturing of chemical weapons. After signing the "Convention on the Prohibition of Chemical Weapons" in 1993, our government issued "State Council Circular Regarding Further Strictly Controlling the Import and Export of Chemical Materials That Can Be Used in the Production of Chemical Weapons." This clarified the implementation of unified, centralized management by specialized departments in the Ministry of Chemical Industry over the import and export of chemical materials that can be used to produce chemical weapons. In 1995, the State Council promulgated "Regulations of the PRC Governing the Administration of Chemicals Under Supervision and Control" (hereafter, "Regulations"). Based on this document, the Ministry of Chemical Industry issued a "Classificatory Catalogue of Chemicals Under Supervision and Control" and detailed rules for the implementation of the "Treaty."

After the "Convention on the Prohibition of Chemical Weapons" took effect, all countries worked to honor the agreement by stressing administration over the import and export of chemical materials that can be used to produce chemical weapons. In order to carry out our government's consistent position on the complete prohibition and thorough destruction of chemical weapons and honor the international obligations assumed by China, the departments and units concerned must further strengthen their administration over the import and export of chemical materials that can be used to produce chemical weapons. Related matters are reiterated as follows:

1. The importing and exporting of all commodities listed in the "Catalogue of Chemicals Under Supervision and Control" (excluding Category Four     items), are exclusively handled by units jointly designated by the Ministry of Chemical Industry and the Ministry of Foreign Trade and Economic Cooperation.

2. China implements import and export licensing control on chemical materials and their production technology and specialized equipment that can be used in the production of chemical weapons. Designated units must conform to relevant regulations in applying for import and export licenses. China strictly controls (yange kongzhi) the export of the above described chemicals to countries which are not signatories to the "Convention on the Prohibition of Chemical Weapons." Designated units must first receive the approval of the Ministry of Chemical Industry prior to discussing with non-signatory nations contracts for the export of Category Two or Category Three chemicals under supervision and control. When making an application for export to a non-signatory nation, in addition to the required written guarantee issued by responsible government offices of the importing nation that the imported chemicals will not be used in the production of chemical weapons nor transshipped to a third country, it is necessary to provide an end-user certificate for the chemicals as well as technical materials required for inspection. After inspection and approval, application for export licenses are made to the Ministry of Foreign Trade and Economic Cooperation on the strength of approval documents of the Ministry of Chemical Industry.

3. Units which have not received approval from the Ministry of Chemical Industry must not conduct exchanges or cooperate with foreign companies, enterprises and other organizations or individuals on the subject of production or technical information related to chemical materials that can be used in the production of chemical weapons.

4. Strengthen supervision and management of enterprises which produce chemical materials that can be used in the production of chemical weapons. Units which manufacture such chemicals must not sell these products for export purposes to non-designated foreign trade units. All Customs offices must strengthen their supervision and management over chemical materials that can be used to produce chemical weapons, and release the aforementioned chemicals on the authority of import and export licenses issued by the Ministry of Foreign Trade and Economic Cooperation in accordance with National Standard Commodity Numbers. They must strictly guard against individual, non-designated foreign trade units, which in the course of carrying out import and export activities, evade Customs supervision by making Customs declarations using chemical terms inconsistent with national regulations on nomenclature, or by using false terms.

[Source: Beijing Zhonghua Renmin Gongheguo Duiwai Maoyi Jingji Hezuo Bu Wengao in Chinese 24 September 1997,  p. 5-6 as translated by FBIS, Document ID: FTS19971114001446.]

CNSThis material is produced independently for NTI by the James Martin Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2007 by MIIS.

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