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.