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Regulations of the People’s Republic of China on Export Control of Dual-Use Biological Agents and Related Equipment and Technologies
14 October
2002
Decree No. 365 of the State Council of the
People's Republic of China
Regulations of the People’s Republic of China on Export
Control of Dual-Use Biological Agents and Related
Equipments and Technologies are hereby promulgated and
shall go into effect as of December 1, 2002.
Premier: Zhu Rongji
October 14, 2002
Regulations of the People’s Republic of China on Export
Control of Dual-Use Biological Agents and Related
Equipment and Technologies
Article 1 These Regulations are formulated for the
purposes of strengthening export control of dual-use
biological agents and related equipment and
technologies, and safeguarding the State security and
social and public interests.
Article 2 The export of dual-use biological agents and
related equipment and technologies referred to in these
Regulations means the export for trade of dual-use
biological agents and related equipment and technologies
listed in the “Dual-Use Biological Agents and Related
Equipment and Technologies Export Control List”
(hereinafter referred to as the Control List) attached
to these Regulations, and the exchange with, interchange
with, gift to, exhibition in, assistance to, provision
of service for as such and other forms of technological
transfer thereof to foreign countries and regions.
Article 3 The export of dual-use biological agents and
related equipment and technologies shall be in
accordance with relevant laws, administrative
regulations of the State and these Regulations, and
shall not imperil the State security and social and
public interests.
Article 4 The State shall exercise strict control on the
export of dual-use biological agents and related
equipment and technologies so as to prevent dual-use
biological agents and related equipment and technologies
from being used for the purpose of biological weapons.
Article 5 The State shall practice a licensing system
for the export of dual-use biological agents and related
equipment and technologies in the Control List. Without
being licensed, no unit or individual shall export such
dual-use biological agents and related equipment and
technologies.
Article 6 Exporters of dual-use biological agents and
related equipment and technologies shall register
themselves with the competent department in charge of
foreign economic relations and trade of the State
Council (hereinafter referred to as the competent
foreign economic and trade department of the State
Council). Without such registration, no unit or
individual shall export dual-use biological agents and
related equipment and technologies. The specific
measures for such registration shall be formulated by
the competent foreign economic and trade department of
the State Council.
Article 7 The receiving party of dual-use biological
agents and related equipment and technologies shall
guarantee:
(1) not to use the imported dual-use biological agents
and related equipment and technologies for the purpose
of biological weapons;
(2) not to use dual-use biological agents and related
equipment and technologies supplied by China for the
purposes other than the declared end-use without the
consent of the Chinese Government; and
(3) not to transfer dual-use biological agents and
related equipment and technologies to any third party
other than the declared end-user without the consent of
the Chinese Government.
Article 8 Anyone who intends to export dual-use
biological agents and related equipment and technologies
listed in the Control List shall apply to the competent
foreign economic and trade department of the State
Council, fill in the export application form for
dual-use biological agents and related equipment and
technologies (hereinafter referred to as the export
application form), and submit the following documents:
(1) identifications of the applicant’s legal
representative, chief manager(s) and the person(s)
handling the deal;
(2) duplicates of the contract or agreement, or other
certification documents;
(3) technical specifications of the dual-use biological
agents and related equipment and technologies;
(4) certificate of end-user and end-use;
(5) documents of guarantee as defined in Article 7 of
these Regulations; and
(6) other documents as may be required by the competent
foreign economic and trade department of the State
Council.
Article 9 An applicant shall truthfully fill in the
export application form.
Export application forms shall be uniformly produced by
the competent foreign economic and trade department of
the State Council.
Article 10 The competent foreign economic and trade
department of the State Council shall, from the date of
receiving the export application form and the documents
set forth in Article 8 of these Regulations, examine the
application, or examine the application jointly with
other relevant departments.
The competent foreign economic and trade department of
the State Council shall, within 15 working days, make a
decision of approval or denial of the application for
the export of dual-use biological agents and related
equipment and technologies listed in Part I of the
Control List; the competent foreign economic and trade
department of the State Council shall, within 45 working
days, make a decision of approval or denial of the
application for the export of dual-use biological agents
and related equipment and technologies listed in Part II
of the Control List.
Article 11 Where the export of dual-use biological
agents and related equipment and technologies entails
significant impact on the State security and social and
public interests, the competent foreign economic and
trade department of the State Council shall, jointly
with relevant departments, submit the case to the State
Council for approval.
Where the export of dual-use biological agents and
related equipment and technologies is submitted to the
State Council for approval, the timing restrictions set
forth in Article 10 of these Regulations shall not be
applied.
Article 12 Where an application for the export of
dual-use biological agents and related equipment and
technologies is examined and approved, the competent
foreign economic and trade department of the State
Council shall issue a licence for the export of dual-use
biological agents and related equipment and technologies
(hereinafter referred to as an export licence), and
notify the Customs in writing.
Article 13 An export licence holder who intends to
change the dual-use biological agents and related
equipment and technologies originally applied for export
shall return the original export licence and file a new
application to obtain an export licence according to
relevant provisions of these Regulations.
Article 14 While exporting dual-use biological agents
and related equipment and technologies, the exporter
shall present the export licence to the Customs,
complete the customs procedures and accept supervision
and control of the Customs in accordance with the
provisions of the Customs Law.
Article 15 Where the receiving party contravenes the
guarantees made according to the provisions of Article 7
of these Regulations, or there is a risk of
proliferation of dual-use biological agents and related
equipment and technologies listed in the Control List
that can be used for the purpose of biological weapons,
the competent foreign economic and trade department of
the State Council shall suspend or revoke the export
licence granted and notify the Customs in writing.
Article 16 Where any unit or individual knows or should
know that the dual-use biological agents and related
equipment and technologies to be exported will be used
by the receiving party directly for the purpose of
biological weapons, it shall not export such dual-use
biological agents and related equipment and
technologies, whether included in the Control List or
not.
Article 17 Upon approval by the State Council, the
competent foreign economic and trade department of the
State Council may, jointly with relevant departments of
the State Council, temporarily decide to exercise export
control on specific dual-use biological agents and
related equipment and technologies other than those
listed in the Control List in accordance with the
provisions of these Regulations.
Article 18 Those who export dual-use biological agents
and related equipment and technologies without being
licensed or export dual-use biological agents and
related equipment and technologies beyond the scope of
the export licence without authorization, shall be
investigated for criminal liability in accordance with
the provisions of the criminal law on the crime of
smuggling, the crime of illegal business operations, the
crime of divulging State secrets or other crimes; if
such acts are not serious enough for criminal
punishment, by distinguishing different circumstances,
they shall be punished in accordance with relevant
provisions of the Customs Law, or be given a warning,
confiscated of their illegal income, and fined not less
than 50,000 yuan but not more than 250,000 yuan by the
competent foreign economic and trade department of the
State Council; the competent foreign economic and trade
department of the State Council may concurrently suspend
or even revoke the licensing for their foreign trade
operations.
Article 19 Those who forge, alter, buy or sell the
licence for the export of dual-use biological agents and
related equipment and technologies shall be investigated
for criminal liability in accordance with the provisions
of the criminal law on the crime of illegal business
operations or the crime of forging, altering, buying or
selling official documents, certificates or seals of a
State organ; if such acts are not serious enough for
criminal punishment, they shall be punished in
accordance with relevant provisions of the Customs Law,
and the competent foreign economic and trade department
of the State Council may concurrently revoke the
licensing for their foreign trade operations.
Article 20 Where a licence for the export of dual-use
biological agents and related equipment and technologies
is obtained by fraud or other illegal means, the
competent foreign economic and trade department of the
State Council shall revoke such an export licence,
confiscate the illegal income, impose a fine of not less
than 20,000 yuan but not more than 100,000 yuan, and
suspend or even revoke the licensing for their foreign
trade operations.
Article 21 Where, in violation of the provisions of
Article 6 of these Regulations, the export of dual-use
biological agents and related equipment and technologies
is operated without registration, the competent foreign
economic and trade department of the State Council shall
ban such illegal activities according to law, and
relevant competent departments of the State shall impose
punishment thereon in accordance with relevant laws and
administrative regulations.
Article 22 Where the State functionaries in charge of
control on the export of dual-use biological agents and
related equipment and technologies abuse their powers,
neglect their duties or extort or accept money or
properties from others by taking advantage of their
positions, they shall be investigated for criminal
liability in accordance with the provisions of the
criminal law on the crime of abuse of power, the crime
of neglect of duties, the crime of accepting bribes and
other crimes; if such acts are not serious enough for
criminal punishment, they shall be given administrative
sanctions according to law.
Article 23 In light of actual situations, the competent
foreign economic and trade department of the State
Council may, jointly with relevant departments, amend
the Control List and submit it to the State Council for
approval before implementation.
Article 24 In the case of the re-export of dual-use
biological agents and related equipment and technologies
after import, these Regulations shall apply.
Article 25 These Regulations shall be effective as of
December 1, 2002.
Dual-Use Biological Agents and Related Equipment and Technologies Export Control List
Vice Foreign Minister Wang Guangya on China's Non-Proliferation Policy and Practice
This
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.
