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Regulations on Monitored and Control Chemicals
10 March 1997
(Translated from Chinese)
(Unofficial EANP Translation)
I. General Rules
ARTICLE 1
The Implementation Details are developed on the basis of the People's
Republic of China Regulations on Monitored and Controlled Chemicals (the
Regulations) and the current managing practices.
ARTICLE 2
The provisions of the Implementation Details shall be executed by all work
units and individuals within the boundary of the People's Republic of China
(including foreign sole investment enterprises, Sino-foreign joint ventures,
Sino-foreign cooperative ventures and self-employed business persons) that
engage in the production, sale or use of monitored and controlled chemicals (MCCs).
ARTICLE 3
The chemical industry authorities under the State Council shall be
responsible for the management of MCCs nationwide. The local chemical industry
authorities under the provincial government, autonomous region government or
centrally-administered municipal government (the PARM government) shall be
responsible for the management of MCCs within their respective administered
regions. The Chemical Weapons Convention (CWC) affairs authorities at
various levels shall be responsible fpor the execution of the Implementation
Details.
ARTICLE 4
"MCCs" refer to pure chemicals and industrial products with different contents.
"MCC production technology" refers to the different technological means to produce the MCCs.
"Specialized MCC equipment" refers to product synthesizers, separators,
refiners, heat conductors and automatic controllers used with various
technological means to produce MCCs. It also refers to the equipment exposed to
MCCs, and equipment with high nickel alloy content or made of special corrosion
resistant materials.
II. Special License Procedures for MCC Production
ARTICLE 5
The State shall designate enterprises through special production licenses (SPL)
to produce Category II MCCs, Category III MCCs, and discrete organic chemicals
with phosphorus, sulfur and fluorine contents in Category IV MCCs. SPL are
granted by the chemical industry authorities under the State Council. No work
units or individuals are permitted to produce MCCs without SPL.
ARTICLE 6
To produce SPL-controlled MCCs that are concurrently on the production
license list managed by relevant State departments, an enterprise shall apply
for SPL in accordance with the Implementation Details after obtaining the
production license. Production shall not begin before the SPL is obtained.
ARTICLE 7
An application for building, expanding or renovating facilities used to
produce Category II MCCs, Category III MCCs and the discrete organic chemicals
with phosphorus, sulfur and fluorine contents in Category IV MCCs shall be filed
with the local PARM CWC affairs authorities. An "Application for
Building/Expanding/Renovating MCC Facilities" (See Schedule I) shall be
completed. Subsequent to preliminary review, the application shall be referred
to the national CWC affairs authorities pfor consideration and approval to set
up the project and start construction. Upon completion, an acceptance
examination shall be conducted and passed before an SPL can be requested
pursuant to the Implementation Details.
ARTICLE 8
The following shall be required of work units and individuals that apply for SPLs:
(1) Complete background information of the enterprise (See Schedule for requirement to complete the declaration).
(2) Business license issued by the industrial and commercial management departments.
(3) Product quality meeting national standards or industry standards as promulgated by the Ministry. (Enterprise standards shall be used during the interim in cases of products where national or ministerial standards have not yet been formulated.)
(4) Standardized quantifying and detection equipment.
(5) Complete environmental protection facilities with "three wastes" emissions meeting national standards.
(6) No potential risk for accidents at the production and storage sites.
(7) Standardized and complete accounts for production, storage and sales.
(8) Approval documents and certificates required by other State management departments that issue production licenses and other relevant certificates needed to produce the particular chemical.
(9) Full time or part time management personnel with good knowledge of MCC statistics and the corresponding management system.
(10) Standard facility position map, flow-chart, facility arrangement map, key facility chart, sample production record, sample sales record, and other documents required by the national CWC affairs authorities.
(11) Thorough understanding by the enterprise's legal person of relevant provisions outlined by the Regulations and the CWC concerning enterprise undertakings.
ARTICLE 9
Procedures for SPL application and examination:
(1) Work units and individuals that produce MCCs shall file an application with provincial CWC affairs authorities and complete the "Application for Special License to Produce MCCs" (See Schedule II).
(2) The provincial CWC affairs authorities shall carefully review the relevant information and submit the application as a formal report to the national CWC affairs authorities for consideration. (Products that have been issued production license by other State departments shall be excluded from product quality examination. Only the portion under the MCC management shall be examined.)
(3) The national CWC affairs authorities shall proceed with the review upon receipt of the report from the provincial CWC affairs authorities.
(4) After review, the chemical industry authorities under the State Council shall issue the SPL to applicants that meet the MCC production criteria.
(5) No approval shall be given if the MCC production criteria are not met. Re-application may be submitted within six months following internal organization and rectification by the applying party. Qualification to apply for SLP shall be revoked if the criteria fulfillment fails again after re-examination.
ARTICLE 10
The marks and numbers on the MCC SPLs shall be made uniform to:
"HW-Lxxx xxxx", where
L is the product category code
xxx is the serial number of the product licensed
xxxx is the number of the SPL
ARTICLE 11
MCC SPLs shall be issued by stages and in groups and shall have a validity of
five years. The chemical industry authorities under the State Council shall
announce specifics regarding the product and time of SPL issuance.
ARTICLE 12
The national and provincial CWC affairs authorities shall periodically or
otherwise conduct re-examinations or spot checks on work units and individuals
that have obtained the SPLs.
ARTICLE 13
SPLs issued to work units and individuals shall be returned or revoked if one of the following is found:
(1) Not meeting issuance criteria upon re-examination or spot-check.
(2) Production and sales not consistent with the regulations.
(3) "Three wastes" emissions not meeting State specified standards.
(4) SPL transferred to other work units or individuals.
(5) No more production of the product during the validity of the SPLs.
(6) Expired SPLs.
ARTICLE 14
Work units or individuals with returned SPLs shall cease production and sales
of the product and proceed to rectify within a definite time. An application for
re-examination shall be filed with the issuing department. The SPL shall only be
used after the re-examination is conducted and passed. The SPL shall be revoked
and the production and sales of the product ceased if re-examination is failed.
ARTICLE 15
Fees charged for issuing SPLs shall be in conformity with the methods
formulated and approved by the Ministry of Finance and the State Planning
Commission.
III. MCC Import and Export Activity Management
ARTICLE 16
A special license system is used for the import and export of Category I,
Category II and Category III MCCs and the related production technology and/or
specialized equipment.
ARTICLE 17
The import and export of Category I, Category II, Category III and related
technology and/or specialized equipment shall be undertaken by designated work
units. Work units not designated shall not engage in the above-mentioned import
and export activities.
ARTICLE 18
Work units designated to import and/or export MCCs shall provide the following documents to the national CWC affairs authorities for examination:
(1) Names of major management personnel responsible for the work at the designated work unit.
(2) Names of the specialized departments for the business at the designated work unit.
(3) Copies of the ID cards and work cards of the specialized personnel authorized to sign import and export contracts at the designated work unit. (Any change in this aspect shall be promptly declared.)
ARTICLE 19
Review and approval procedures for import:
(1) To import Category I MCCs, the designated work unit shall file an application with the national CWC affairs authorities. The application shall be reviewed and submitted to the State Council for consideration and approval. The designated work unit shall apply for an import license from the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) on the basis of the approval document from the State Council. To import Category II and Category III MCCs, the designated work unit shall pfile an application with the national CWC affairs authorities for review and approval. The designated work unit shall apply for an import license from MOFTEC on the basis of the approval document from the chemical industry authorities under the State Council.
(2) The following documents shall be submitted by the designated work unit with the application:
(i) Original copy of the valid import contract.
(ii) Enterprise application to the provincial CWC affairs authorities with information pertaining to the name of chemical(s), the quantity, the end-use, the pledge not to re-transfer and the certificates issued by the provincial CWC affairs authorities.
(iii) Import application by the designated work unit.
(iv) Copy of import license and customs declaration for the same product(s) in the last transaction. The original import license shall be returned if, for any reason, the import did not take place.
ARTICLE 20
Review and approval procedures for export:
(1) To export Category I MCCs, the designated work unit shall file an application with the national CWC affairs authorities. The application shall be reviewed and submitted to the State Council for consideration and approval. The designated work unit shall apply for an export license from MOFTEC on the basis of the approval document from the State Council. To export Category II and Category III MCCs, the designated work unit shall file an application with the national CWC affairs authoripties for review and approval. The designated work unit shall apply for an export license from MOFTEC on the basis of the approval document from the chemical industry authorities under the State Council.
(2) MCCs to be exported by the designated work units must be original products from the enterprises.
(3) The following documents shall be submitted by the designated work unit with the application:
(i) Original copy of the valid export contract.
(ii) State of pledge from the recipient country government or government entrusted agencies that the imported MCCs shall not be used for chemical weapon production and shall not be re-transferred to any third country. Information pertaining to the name, the quantity and the end-use of the chemical(s) and end-user's name and address shall also be noted.
(iii) Information regarding the foreign client(s), including client name, business scope, address, telephone number and fax number.
(iv) Export application by the designated work unit.
(v) Copy of export license and customs declaration for the same product(s) in the last transaction. The original export license shall be returned if, for any reason, the export did not take place.
ARTICLE 21
Before the 15th day of the first month in each quarter, the
designated work unit shall submit a report to the national CWC affairs
authorities on the import and export activities carried out in the last quarter.
Copies of the customs declaration shall be submitted and filed by the designated
work unit to the national CWC affairs authorities within 30 days after the
customs formalities.
ARTICLE 22
Without authorization, designated work units and relevant enterprises shall
not provide any information concerning MCC import and export to outsiders.
ARTICLE 23
The China Association on Monitored and Controlled Chemicals (CAMCC), as
entrusted by the chemical industry authorities under the State Council, is
responsible for the relevant MCC import and export coordination.
IV. Storage, Transportation, Sale and Use of MCC
ARTICLE 24
Work units and individuals that store, transport, sell and use MCCs shall
establish and constantly improve the MCC management system.
ARTICLE 25
The packaging and marking of MCCs shall conform to the relevant national
specifications. Agencies that supervise and examine the packaging shall improve
the checks on the quality of the packaging and the quality of the packaging
materials and conduct regular testing.
ARTICLE 26
The safety and storage of MCCs shall comply with the provisions outlined in
the Safety Regulations on Managing Dangerous Chemicals issued by the
State Council and the Implementation Details regarding Safety Regulations on
Managing Dangerous Chemicals issued by the Ministry of Chemical Industry
(MCI) and the Economic and Trade Office under the State Council.
ARTICLE 27
Work units that store MCCs shall set up strict check-in/check-out and
registration procedures at warehouses. For Category I MCCs and other extremely
toxic chemicals in other MCC categories, a five dual-control system shall be set
up, i.e., dual control over receipts and shipments, dual control over records,
dual control over locks, dual control over transportation and dual control over
use. The security departments at enterprises shall perform periodic supervision
and examination.
ARTICLE 28
The local public security agencies and provincial CWC affairs authorities
shall be notified immediately in the case of Category I and Category II MCC loss
or theft. A notice shall also be filed with the national CWC affairs authorities
in the case of Category I MCC loss or theft. The local provincial CWC affairs
authorities shall cooperate with the public security agencies in the
investigation.
ARTICLE 29
Disposal plans shall be drawn up promptly for deteriorated or expired MCCs to
ensure safe and proper disposal. The plans shall be submitted to the provincial
CWC affairs authorities for execution approval on the basis of concurrence from
the local security and environmental protection agencies.
ARTICLE 30
Transporting MCCs via rail, highway, water and air shall be in compliance
with the regulations on transporting dangerous articles as promulgated by the
relevant departments under the State Council.
ARTICLE 31
Work units designated by the chemical industry authorities under the State Council are authorized to handle sales of Category II MCCs. No other non-designated work units shall be permitted to sell Category II MCC.
To sell Category II MCCs, work units shall file an application with the
provincial CWC affairs authorities for review and approval and complete the
"Application for Sales of MCCs" (See Schedule IV). Sales shall not begin until
approval is obtained. The national CWC affairs authorities shall make copies of
the approval for its files. The national and provincial CWC affairs authorities,
in conjunction with other relevant departments, shall conduct re-examination on
designated work units evpery two or three years.
ARTICLE 32
The following are required of work units that apply to sell Category II MCCs:
(1) Approval certificates issued by the local industrial and commercial department and taxation department above the county-level.
(2) Sales facilities that conform to safety standards.
(3) Technicians with good knowledge of product functions.
(4) Corresponding management system.
(5) Full time or part time management personnel with thorough knowledge of the MCC statistics who shall be subject to supervision and examination.
ARTICLE 33
Work units with the right to sell Category II MCCs shall conduct their sales
in accordance with the laws and sell products only to work units whose purchase
or use have been approved by the national or provincial CWC affairs authorities.
Sales shall not be allowed to unauthorized work units and export-oriented work
units not designated. Sales records shall be submitted to the local provincial
CWC affairs authorities every six months.
ARTICLE 34
Enterprises producing Category II and Category III MCCs shall not sell their
products to undesignated export-oriented work units.
ARTICLE 35
Sales work units shall not buy or sell MCC produced by enterprises not
approved through the SPL procedures.
ARTICLE 36
Work units and individuals that need to use Category I and Category II MCCs
shall complete the "Application for Use Category I and Category II MCCs" (See
Schedule V) and, in conformity with the provisions of the Regulations, sign a
contract with designated producers on the basis of the approval document from
the national or provincial CWC affairs authorities. Work units and individuals
shall use the products in the same manner and for the same purpose as stated on
the application andp shall not engage in re-transfer or other uses.
V. Procedures for MCC Declaration and Statistics
ARTICLE 37
Work units referred to in Article 2 of the Implementation Details shall
complete the National MCC Statistics Report centrally printed and distributed by
the national CWC affairs authorities. Work units shall complete the report
according to the explanatory notes and requirements, in a prompt fashion and on
the basis of facts. Refusal, falsification, omission and concealment of
information on the part of work units when preparing the report shall not be
permitted. The scope and contenpts of the statistical report shall not be
changed without authorization.
ARTICLE 38
Work units that have been authorized by the chemical industry authorities
under the State Council to produce (or synthesize through experiment) Category I
MCCs shall submit the relevant documents and statistical reports to the
authorizing units pursuant to the requirements on the statistical reports.
ARTICLE 39
With the exception of Category I MCCs, nationwide data statistics shall be managed on a regional basis and submitted and summarized through administrative levels.
Work units and individuals that produce, consume or use Category II MCCs and produce Category III and Category IV MCCs shall declare relevant data to the local or provincial CWC affairs authorities. In light of the actual local situations, the provincial CWC affairs authorities may request the prefectures and cities to summarize and verify the submitted data and report back within a specific time. The provincial CWC affairs authorities may also directly summarize and verify the submittedp data. The provincial CWC affairs authorities shall submit the report to the national CWC affairs authorities within a specific time after careful verification and summarization of local data.
CWC affairs authorities shall be installed with the necessary technical
equipment and staffed with dedicated personnel to complete and manage the
statistical reports.
ARTICLE 40
In order to avoid omissions and repetition in reporting, Grade II work units
(branch companies, subsidiaries and affiliates) of cross-region large
enterprises and work units (conglomerates and general corporations) shall submit
declaration reports to the prefecture and provincial CWC affairs authorities
according to procedures outlined in Article 39 of the Implementation Details.
ARTICLE 41
Newly constructed facilities approved by the chemical industry authorities under the State Council to produce (including synthesize through experiment) Category I MCCs shall submit to the national CWC affairs authorities the relevant information requested in the statistical report thirty days prior to trial operation.
Newly constructed, expanded or renovated facilities approved by the chemical
industry authorities under the State Council to produce Category II, III and IV
MCCs shall submit the relevant information requested in the statistical report
according to the procedures outlined in Article 39 of the Implementation Details
prior to trial operation.
ARTICLE 42
Work units that have Category I MCCs in storage shall submit reports on a semi-annual basis, according to the procedures outlined in Article 39 of the Implementation Details, concerning the source, quantity, consumption amount during the reporting period and inventory stock of the MCCs.
Work units that sell or store Category II MCCs shall submit reports on a
semi-annual basis, according to the procedures outlined in Article 39 of the
Implementation Details, concerning the source, quantity, sales amount,
consumption amount and inventory stock of the MCCs.
ARTICLE 43
Work units designated by the chemical industry authorities under the State
Council and entrusted to handle the import and export of Category I, II and III
MCCs shall be responsible for the import and export statistics. Such MCC import
and export statistical reports shall be submitted to national CWC affairs
authorities prior the 15th day of the first month in each quarter.
ARTICLE 44
Personnel working at various levels of CWC affairs authorities and involved in the data collection and computer network management shall conscientiously observe the relevant provisions of the State Confidentiality Law. Proper confidentiality measures shall be taken on the basis of the confidentiality levels of MCC information and data. Reporting work units' commercial and technological confidentiality shall be safeguarded.
The national CWC affairs authorities are authorized to release partial
information and data on nationwide MCCs. No other work units or individuals
shall be permitted to release any relevant MCC information and data without
authorization.
ARTICLE 45
The nationwide MCC data collection network shall be centrally managed by the national CWC affairs authorities. All MCC data on reports, disks, CD-ROMs, computer correspondence file transfers, electronic mail or any other media or means shall be centrally transmitted to places and equipment designated by the national CWC affairs authorities. No work units or individuals shall intercept, steal and sabotage such transmissions.
The receiving and sending end of the data collection network shall be
equipment with dedicated computers and telecommunications equipment and managed
by dedicated personnel. Computers that store MCC data shall not be connected
with the Internet or other non CWC data network.
VI. Site Supervision and Examination of MCC Management
ARTICLE 46
Enterprises and work units subject to site supervision and examination shall include:
(1) Single small scale facilities designated by the State Council to produce Category I MCCs and facilities that use and consume Category I MCCs for purposes other than defensive protection.
(2) Facilities that produce, process and consume Category II MCCs.
(3) Facilities that produce Category III MCCs.
(4) Facilities that produce Category IV MCCs.
(5) Work units that sell Category II MCCs.
(6) Venues where suspected violation of the Regulations exist.
ARTICLE 47
The contents of the site supervision and examination shall include:
(1) Verification that the purpose and nature of the production activities at the site correspond with the production activities declared to the CWC affairs authorities at various levels by the enterprise or work unit.
(2) Verification that the production quantity of the involved MCCs and the Category II MCCs processed and consumed at the site correspond with the quantity declared to the CWC affairs authorities at various levels by the enterprise or work unit.
(3) Verification of sales accounts of the MCCs and the end-user(s).
ARTICLE 48
The national or provincial CWC affairs authorities shall conduct at any time
partial or complete site supervision and examination on the contents outlined in
Article 47 of the Implementation Details at enterprises and work units specified
in Article 46 of the Implementation Details. Enterprises and work units being
supervised and examined shall not hinder or obstruct such supervision and
examination for any reason.
ARTICLE 49
Work units being examined shall designate special person(s) to receive
examinational personnel, obligatorily provide the information, and answer the
challenges from the examination personnel without concealment or refusal.
ARTICLE 50
The scope of the site check at the production enterprises being supervised and examined includes:
(1) Areas where raw chemical materials (reactants) are transported or stored.
(2) Areas where reactants are processed before being fed into the reactors.
(3) Feed lines between the two above-mentioned areas and the reactors and the relevant valves and flow meters.
(4) Reactors and the peripherals of their auxiliary equipment.
(5) Transportation lines between the reactors and the long-term or short-tem storage warehouses of the MCC and the transportation lines between the reactors and the equipment that further processes the MCC.
(6) Any relevant monitored and controlled facilities related to projects in the above.
(7) Equipment and relevant areas where solid waste and sewage are treated.
(8) Equipment and relevant areas where substandard chemicals are treated.
(9) Sample analysis shall be conducted, if necessary, in areas listed above.
ARTICLE 51
Work units under site supervision and examination shall provide the following documents to the examination personnel:
(1) Regional map indicating the geographic location of the enterprise or work unit being supervised and examined.
(2) Factory plan indicating the MCC workshop, raw material pre-processing area, product processing area, storage area, "three waste" treatment area, central lab and other venues to be inspected at the enterprise or work unit being supervised and examined.
(3) Workshop floor map indicating the relative positions of production equipment, material pipelines and MCC samplers that are being supervised and examined.
(4) Flow chart briefing the production procedures of MCCs at workshops being supervised and examined.
(5) Annual production quantity for the previous three years at workshops being supervised and examined, or Category II MCC processing and consumption information, or export quantity of MCC direct export and their production, or daily production records of Category II MCC processing and consumption, and records of material acquisition, storage, shipment (including export) and waste treatment.
ARTICLE 52
Any site supervision and examination shall not be expanded to include the following data and documents:
(1) Financial data and documents.
(2) Sales and marketing data and documents of products not included in the MCC list issued by the MCI for Category I, II and III MCCs.
(3) Pricing data of the products.
(4) Personnel files and data.
(5) Scientific data and research reports.
(6) Patent data and documents.
(7) Data and documents maintained for the implementation of environmental protection or occupational labor protection.
ARTICLE 53
Upon official ratification of the CWC by the Government and the international entry into force of the CWC, the State shall officially assume every obligation described and shall accept site verification to facilities listed in Article 46 in the Implementation Details by international inspection teams dispatched by the CWC organization.
The national CWC affairs authorities shall designate personnel to lead the
international inspection team to the inspection site specified by the CWC
organization to conduct international inspection of MCC.. The procedures shall
conform to the rules set forth in the verification annex of the CWC.
VII. Penalty Provisions
ARTICLE 54
The national CWC affairs authorities shall exercise supervision and management over behavior that violates the Regulations. The provincial CWC affairs authorities shall implement administrative penalties for violations in their respective localities. Penalties over 100,000 RMB yuan shall be approved by the national CWC affairs authorities.
Law enforcement personnel shall possess authorization credentials and use
Penalty Decision Notifications centrally printed by the national CWC affairs
authorities.
ARTICLE 55
In accordance with Article 8 of the Regulations, building, expanding or renovating of facilities without the authorization through the SPL to produce Category II MCCs, Category III MCCs and discrete organic chemicals with phosphorus, sulfur and fluorine contents in Category IV MCCs shall be subject to orders from the local chemical industry authorities under the PARM government to take corrective actions within a specific time (thirty days), cease construction and dismantle the produpction set-up.
On the basis of the gravity of the situation, a penalty fine above 10,000 RMB
yuan but below 200,000 RMB yuan shall be imposed if no correction is made within
the timeframe.
ARTICLE 56
In accordance with Article 21 of the Regulations, producing Category I MCCs without approval shall be subject to orders form the local chemical industry authorities under the PARM government to take corrective actions within a specific time. If no correction is made within the timeframe, a penalty fine of 200,000 RMB yuan shall be imposed. Serious violators shall be ordered by the PARM government to cease production and engage in rectification.
Producing Category II MCCs, Category III MCCs and discrete organic chemicals with phosphorus sulfur and fluorine contents in Category IV MCCs without approval shall be subject to orders from the local chemical industry authorities under the PARM government to take corrective actions within a specific time (thirty days). The products shall be confiscated.
If no correction is made within the timeframe, producers of discrete organic
chemicals with phosphorus, sulfur and fluorine contents in Category IV MCCs
shall be imposed a penalty fine not exceeding 100,000 RMB yuan. Producers of
Category II and Category III MCCs shall be imposed a penalty fine not exceeding
200,000 RMB yuan. Serious violators shall be ordered by the PARM government to
cease production in addition to the penalty fine.
ARTICLE 57
In accordance with Article 22 of the Regulations, using Category I MCCs without approval shall be subject to orders from the local chemical industry authorities under the PARM government to take corrective actions. The MCCs in question shall be confiscated and a penalty fine of 50,000 RMB yuan shall be imposed.
Using Category II MCCs without approval shall be subject to orders from the
local chemical industry authorities under the PARM government to take corrective
actions within a specific time (thirty days). On the basis of the gravity of the
situation, a penalty fine above 10,000 RMB yuan but below 50,000 RMB yuan shall
be imposed if no correction is made within the timeframe.
ARTICLE 58
In accordance with Article 23, selling Category II MCCs without approval
shall be subject to a penalty fine of 20,000 RMB yuan. The MCCs in question and
the revenues from the sales shall be confiscated. Serious violators with large
sales amount shall be imposed a penalty fine two times the sales amount.
ARTICLE 59
In accordance with the relevant provisions on MCC violations, enterprises not
designated for MCC import and export that engage in such import and export shall
be rejected when processing the import and export formalities and shall be
imposed a penalty fine of 20,000 RMB yuan. Illegal chemicals and revenues
through such import and export shall be confiscated and a penalty fine of
200,000 RMB yuan shall be imposed. Serious violators whose behavior constitutes
a criminal offense shall bpe investigated for criminal responsibilities.
ARTICLE 60
Application qualification for import and export shall be suspended for six to
twelve months if a designated import and export enterprise is found to have
failed in complying with the formality procedures and fraudulently obtained
import and export approval documents with a fake contract and government
statement of pledge, resulting in serious consequences.
ARTICLE 61
In accordance with Article 24 of the Regulations, omitting, falsifying and
concealing relevant MCC information and data shall be subject to warning and
orders for corrective actions within a specific time. A penalty fine not
exceeding 50,000 RMB yuan shall be imposed if no correction is made within the
timeframe. A penalty fine of 50,000 RMB yuan shall be imposed for refusal in
submitting relevant information and data and not heeding to warning for
corrections.
ARTICLE 62
After the administrative penalty decision is made, the parties involved shall
pay the fine at designated banks within the timeframe described by the
administrative penalty decision. Law enforcement personnel may also accept the
penalty fine on the spot.
ARTICLE 63
The parties involved that do not agree with the administrative penalty
decision may request reconsideration according to the relevant provisions of the
Administrative Reconsideration Regulations or petition for an administrative
litigation. The implementation of the administrative penalty shall not be
ceased. Parties involved that do not implement the administrative penalty
decisions shall be ordered forcible implementation by the People's Court upon
request from the agencies pmaking the administrative penalty decisions.
VIII. Annex
ARTICLE 64
In light of the actual situations in their respective localities, the local
chemical industry authorities under the PARM government may formulate concrete
implementation methods which shall be deposited with the chemical industry
authorities under the State Council for file.
ARTICLE 65
The chemical industry authorities under the State Council shall be
responsible for the interpretation of the Implementation Details.
ARTICLE 66
The Implementation Details shall be effective on the day of issuance.
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.
