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Regulations of the People’s Republic of China on Export Control of Missiles and Missile-related Items and Technologies
25 August 2002
Article 1 These Regulations are formulated for the
purposes of strengthening export control of missiles and
missile-related items and technologies, and safeguarding
the State security and social and public interests.
Article 2 The export of missiles and missile-related
items and technologies referred to in these Regulations
means the export for trade of missiles and
missile-related equipment, materials and technologies
listed in “The Missiles and Missile-related Items and
Technologies Export Control List” (hereinafter referred
to as the Control List) attached to these Regulations,
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 State shall exercise strict control on the
export of missiles and missile-related items and
technologies so as to prevent the proliferation of
missiles and other delivering systems listed in the
Control List that can be used to deliver weapons of mass
destruction.
Article 4 The State shall practice a licensing system
for the export of missiles and missile-related items and
technologies. Without being licensed, no unit or
individual shall export missiles and missile-related
items and technologies.
Article 5 The export of items and technologies listed in
Part I of the Control List shall be subject to the
Regulations of the People’s Republic of China on
Administration of Arms Export and other relevant
provisions.
To export items and technologies listed in Part II of
the Control List (hereinafter referred to as
missile-related items and technologies), the exporter
shall follow the examination and approval procedures
provided for in Articles 7 to 13 of these Regulations;
however, the export of missile-related items and
technologies for military purpose shall be subject to
the provisions of the preceding paragraph.
Article 6 The receiving party of missile-related items
and technologies shall guarantee not to use
missile-related items and technologies supplied by China
for purposes other than the declared end-use, nor to
transfer missile-related items and technologies supplied
by China to any third party other than the declared
end-user without the consent of the Chinese Government.
Article 7 Exporters of missile-related items 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
missile-related items and technologies. The specific
measures for such registration shall be formulated by
the competent foreign economic and trade department of
the State Council.
Article 8 Anyone who intends to export missile-related
items and technologies shall apply to the competent
foreign economic and trade department of the State
Council, fill in the export application form for
missile-related items and technologies (hereinafter
referred to as the export application form), and submit
the following documents:
(1) identification of the applicant’s legal
representative, chief managers and the persons handling
the deal;
(2) duplicates of the contract or agreement;
(3) technical specifications of the missile-related
items and technologies;
(4) certificates of the end-user and end-use;
(5) documents of guarantee as defined in Article 6;
(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 of the State Council and
relevant departments of the Central Military Commission,
and make a decision of approval or denial within 45
working days.
Article 11Where the export of missile-related items and
technologies entails significant impact on the State
security, 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 and the Central Military
Commission for approval.
Where the export of missile-related items and
technologies is submitted to the State Council and the
Central Military Commission for approval, the timing
restriction set forth in Article 10 of these Regulations
shall not be applied.
Article 12 Where an application for the export of
missile-related items 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 missile-related items 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 missile-related items and technologies
originally applied for export shall return the original
export licence and file a new application to obtain a
new export licence according to relevant provisions of
these Regulations.
Article 14 While exporting missile-related items 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 6
of these Regulations or there is a risk of proliferation
of missiles and other delivering systems listed in the
Control List that can be used to deliver weapons of mass
destruction, 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 the exporter knows or should know that
the missile-related items and technologies to be
exported will be used by the receiving party directly in
its program for developing missiles and other delivering
systems listed in the Control List that can be used to
deliver weapons of mass destruction, the export shall be
subject to the provisions of these Regulations even if
the items or technologies are not listed in the Control
List.
Article 17 Upon approval by the State Council and the
Central Military Commission, the competent foreign
economic and trade department of the State Council may,
jointly with relevant departments, 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 Regulations.
Article 18 Those who export missile-related items and
technologies without being licensed, or export
missile-related items 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 one time but not more than five times the illegal
income 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 missile-related items 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 license for the export of
missile-related items 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 license, confiscate the illegal
income, impose a fine of not more than the illegal
income, and suspend or even revoke the licensing for
their foreign trade operations.
Article 21 Where, in violation of Article 7 of these
Regulations, the export of missile-related items 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 missile-related items 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 and
the Central Military Commission for approval before
implementation.
Article 24 These Regulations shall be effective as of
the date of promulgation.
The Missiles and Missile-related Items and Technologies Export Control List, 25 August 2002
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.
