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