 |
Measures on Export Control of Certain Chemicals
and Related Equipment and Technologies
Chinese text
19 October 2002
Article 1 These Measures are formulated for the
purpose of strengthening export control of certain chemicals and related
equipment and technologies, and safeguarding the State security and social and
public interests.
Article 2 The export of certain chemicals and related equipment and technologies
referred to in these Measures means the export for trade of items and
technologies listed in the "Certain Chemicals and Related Equipment and
Technologies Export Control List" (hereinafter referred to as the Control List)
attached to these Measures, and the gift to, exhibition in, scientific and
technological cooperation with, 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 certain chemicals and related equipment and technologies
shall be in accordance with relevant laws and administrative regulations of the
State and these Measures, and shall not imperil the State security and social
and public interests.
Article 4 The State shall exercise strict control on the export of certain
chemicals and related equipment and technologies, so as to prevent the items and
technologies listed in the Control List from being used for the purpose of
chemical weapons.
Article 5 The State shall practice a licensing system for the export of items
and technologies listed in the Control List. Without being licensed, no unit or
individual shall export such items or technologies.
Article 6 The receiving party of certain chemicals and related equipment and
technologies shall guarantee not to use such chemicals and related equipment and
technologies supplied by China in the storing, processing, producing and
treating of chemical weapons or in the production of chemical weapons
precursors. Without the consent of the Chinese Government, the receiving party
shall not use the chemicals and related equipment and technologies supplied by
China for purposes other than the declared end-use, or transfer such chemicals
and related equipment and technologies to any third party other than the
declared end-user.
Article 7 Exporters of certain chemicals and related equipment and technologies
shall register themselves with the Ministry of Foreign Trade and Economic
Cooperation (hereinafter referred to as MOFTEC). Without such registration, no
unit or individual shall export certain chemicals and related equipment and
technologies. The specific measures for such registration shall be formulated by
MOFTEC.
Article 8 Anyone who intends to export items and technologies in the Control
List shall apply to MOFTEC, fill in the export application form for certain
chemicals and related equipment and technologies (hereinafter referred to as the
export application form), and submit the following documents:
1. certificate of registration for the exporter to export certain chemicals and
related equipment and technologies;
2. identifications of the applicant’s legal representative, chief manager(s) and
the person(s) handling the deal;
3. duplicates of the contract or agreement;
4. technical specifications of the certain chemicals and related equipment and
technologies;
5. certificates of the end-user and end-use;
6. documents of guarantee as defined in Article 6 of these Measures;
7. other documents as may be required by MOFTEC.
Article 9 An applicant shall truthfully fill in the export application form.
Export application forms shall be uniformly produced by MOFTEC.
Article 10 MOFTEC shall, within 45 working days from the date of receipt of the
export application form and the documents specified in Article 8 of these
Measures, examine, or jointly with other relevant departments of the State
Council examine the application, and make a decision of approval or denial.
Article 11 Where the export of certain chemicals and related equipment and
technologies entails significant impact on the State security and social and
public interests or foreign policy, MOFTEC shall, jointly with relevant
departments, submit the case to the State Council for approval.
Where the export of certain chemicals and related equipment and technologies is
submitted to the State Council for approval, the timing restriction set forth in
Article 10 of these Measures shall not apply.
Article 12 Where an application for the export of certain chemicals and related
equipment and technologies is examined and approved, MOFTEC shall issue a
license for the export of certain chemicals and related equipment and
technologies (hereinafter referred to as an export license), and notify the
Customs in writing.
Article 13 An export license holder who intends to change the certain chemicals
and related equipment and technologies originally applied for export shall
return the original export license and file a new application to obtain a new
export license according to relevant provisions of these Measures.
Article 14 While exporting certain chemicals and related equipment and
technologies, the exporter shall present the export license to the Customs and
complete customs procedures in accordance with the provisions of the Customs.
Article 15 Where the receiving party contravenes the guarantees made under
Article 6 of these Measures, or there is a risk of proliferation of certain
chemicals and related equipment and technologies in the Control List for the
purpose of chemical weapons, MOFTEC shall suspend or revoke the export license
granted and notify the Customs in writing.
Article 16 Where the exporter knows or should know that the certain chemicals
and related equipment and technologies to be exported will be used by the
receiving party directly for the purpose of chemical weapons or for the
production of chemical weapons precursor, it shall not export such chemicals and
related equipment and technologies, whether included in the Control List or not.
Article 17 Upon approval by the State Council, MOFTEC may, jointly with relevant
departments of the State Council, temporarily decide to exercise export control
on specific items and technologies other than those listed in the Control List
in accordance with the provisions of these Measures.
The export of the specific items and technologies set forth in the preceding
paragraph shall be licensed in accordance with the provision of these Measures.
Article 18 Those who export certain chemicals and related equipment and
technologies without being licensed or export certain chemicals and related
equipment and technologies beyond the scope of the export license 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 and fined for
not less than twice but not more than five times the illegal income by MOFTEC,
according to the circumstances; MOFTEC may concurrently revoke the licensing for
their foreign trade operations.
Article 19 Those who forge, alter, buy or sell, or obtain by fraud or other
illegal means the license for the export of certain chemicals 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
serious enough for punishment, they shall be punished in accordance with
relevant provisions of the Customs Law, and MOFTEC may concurrently revoke the
licensing for their foreign trade operations.
Article 20 Where the State functionaries in charge of the control on the export
of certain chemicals 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 21 In light of actual situations, MOFTEC may, jointly with relevant
departments of the State Council, amend the Control List.
Article 22 These Measures shall be effective as of November 19, 2002.
Certain Chemicals and Related Equipment and Technologies Export Control List,
19 October 2002
 This material is produced independently for NTI
by the 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 © 2003 by MIIS.
HOME | CONTACT US | SITE MAP
|
|
