(Promulgated by Decree No. 234 of the State Council
of the People’s Republic of China and the Central
Military Commission of the People’s Republic of China
on October 22, 1997, and effective as of January 1,
1998)
Chapter
I General Provisions
Article 1
These Regulations are formulated for the purpose
of strengthening the unified administration of arms export
to maintain the normal order of arms
export.
Article 2 “Arms
export” referred to in these Regulations means the
trading export of equipment, special production facilities
and other materials, technology and related services which
are used for military purposes.
Article 3
The State Commission for Administration of Arms
Trade of the People’s Republic of China (hereinafter
referred to as the State Commission for Administration of
Arms Trade) shall, under the leadership of the State Council
and the Central Military Commission, be in charge of the
work of arms export throughout the
country.
The State
Administration of Arms Trade of the People’s Republic
of China (hereinafter referred to as the State
Administration of Arms Trade) shall be the executive organ
of the State Commission for Administration of Arms Trade and
shall exercise supervision over and administration of the
nationwide arms export.
Article 4 The State shall
institute a unified administration system for the export of
arms, forbid any act of exporting arms which endangers the
national interests and security and maintain the normal
order of arms export in accordance with the law.
Article 5 The
following principles shall be observed in exporting
arms:
(1)
conduciveness to the capability for just self-defence of the
recipient country;
(2) no injury to the peace,
security and stability of the region concerned and the world
as a whole;
(3) no interference in the
internal affairs of the recipient country.
Article 6 Where an international treaty
concluded or acceded to by the People’s Republic of
China contains provisions different from these Regulations,
the provisions of the international treaty shall prevail,
except for the provisions on which reservations are made by
the People’s Republic of
China.
Chapter
II Arms Trading Companies
Article 7
“Arms trading companies” referred to
in these Regulations mean the enterprises as legal persons
which have obtained in accordance with the law the business
operations right for arms export and are engaged in business
activities of arms export within the approved scope of
business.
Article 8
The business operations right for arms export
shall be examined and approved by the State Commission for
Administration of Arms Trade. Specific measures shall be
formulated by the State Commission for Administration of
Arms Trade.
Article 9
An arms trading company shall, in accordance with
the law, enjoy full autonomy in its management and assume
sole responsibility for its profits or losses.
Article 10 An arms trading
company shall honour contracts, guarantee goods quality and
improve post-sale services.
Article 11 An arms trading
company shall, in accordance with the provisions of the
State Commission for Administration of Arms Trade,
truthfully present to the departments concerned the
documents and data pertinent to its business activities of
arms export. The departments concerned shall keep business
secrets for the arms trading company and protect its lawful
rights and interests.
Article 12 An arms trading
company may entrust an authorized procuration enterprise for
export transportation of arms to act as an agent for export
transportation of arms and related business matters.
Specific measures shall be formulated by the State
Commission for Administration of Arms
Trade.
Chapter
III Administration of Arms
Export
Article 13 The State shall
implement a licencing system for arms export.
Items and
contracts of arms export shall, in accordance with the
provisions of these Regulations, be submitted by form of
application for examination and approval. Arms shall be
exported on the strength of a licence for arms
export.
Article 14 Items
of arms export shall be examined and approved by the State
Administration of Arms Trade or by the State Administration
of Arms Trade jointly with the relevant departments under
the State Council and the Central Military
Commission.
Article 15
An arms trading company may, when the items of
arms export are approved, conclude contracts of arms export
with the outside world. After a contract is concluded, it
shall file an application to the State Administration of
Arms Trade for examination and approval; the State
Administration of Arms Trade shall, within 15 days of
receiving the application, make a decision to approve or not
to approve the contract. A contract of arms export shall be
formed only after it is approved.
An arms trading company
shall, when filing an application to the State
Administration of Arms Trade for approval on its contract of
arms export, attach the valid certification documents of the
recipient country.
Article 16 Important items and
contracts of arms export shall be examined by the State
Commission for Administration of Arms Trade and be submitted
to the State Council and the Central Military Commission for
approval.
Article 17
An arms trading company shall, before exporting
arms, apply to the State Administration of Arms Trade for
the licence of arms export by virtue of the approval
document for the contract of arms export; when the
requirements are met for a contract of arms export, the
State Administration of Arms Trade shall, within 5 days of
receiving the application, issue the licence for arms
export.
The Customs shall accept
declarations according to the licence for arms export, and
examine and give clearance in accordance with the relevant
provisions of the State.
Article 18 Measures for the
examination and approval of items and contracts of arms
export and methods for the issue of licences for arms export
shall be prescribed by the State Commission for
Administration of Arms Trade.
Article 19 For arms export, the
State Administration of Arms Trade shall, jointly with the
departments concerned, issue the notice of arms export. The
departments concerned and the local people’s
governments shall, upon receiving the notice of arms export,
conscientiously perform their functions and responsibilities
according to the relevant provisions of the State in order
to ensure safe, speedy and accurate export of
arms.
Chapter
IV Order of Arms Export
Article 20
No unit or organization which has not obtained the
business operations right for arms export shall be engaged
in any business activity of arms export.
The State shall forbid any individual
to engage in any business activity of arms export.
Article 21 An arms
trading company shall, in its business activities of arms
export, abide by the provisions of the laws and
administrative rules and regulations and maintain the normal
order of arms export.
Article 22 An arms trading
company shall not commit any of the following acts in its
business activities of arms export:
(1) impairing the national
security or social and public interests;
(2) pushing out any other
competitor by means of unfair competition;
(3) infringing upon the
intellectual property rights protected by the laws of the
People’s Republic of China;
(4) counterfeiting,
altering, obtaining by fraud or illegally transferring any
document or certificate such as the approval document for
items of arms export, the approval document for a contract,
the licence and the valid certification document of the
recipient country;
(5) overstepping the
approved scope of business; or
(6) any other act in
violating of the provisions of the laws and administrative
rules and regulations.
Article 23 The State
Administration of Arms Trade may, when it deems necessary or
at the request of an arms trading company, deal with any act
which obstructs the normal order of arms
export.
Chapter
V Legal Liability
Article 24
Any arms trading company which violates the
provisions in Article 11 of these Regulations shall be
ordered by the State Administration of Arms Trade to correct
its mistakes within a definite period of time and be given a
warning; if its mistakes are not corrected within the
definite time, the State Administration of Arms Trade shall
report to the State Commission for Administration of Arms
Trade for revokation of its business operations right for
arms export.
Article 25
Any arms trading company which violates the
provisions in Articles 21 and 22 of these Regulations shall
be punished by the relevant competent departments of the
State in accordance with the provisions of the relevant laws
and administrative rules and regulations, and the State
Administration of Arms Trade may report to the State
Commission for Administration of Arms Trade for revokation
of its business operations right for arms export.
Article 26 Illegal
activities in violation of the provisions in Article 20 of
these Regulations shall be banned by the State
Administration of Arms Trade and punishments shall be given
by the relevant competent departments of the State in
accordance with the provisions of the relevant laws and
administrative rules and regulations.
Article 27 Any violation of the
provisions of these Regulations, if constituting a crime,
shall be investigated for criminal liability according to
law.
Article 28 If an
arms trading company refuses to accept a punishment decision
on revoking its business operations right for arms export,
it may file an application for reconsideration to the State
Commission for Administration of Arms Trade within 15 days
of receiving the punishment notice. The State Commission for
Administration of Arms Trade shall make a reconsideration
decision within 15 days of receiving the application for
reconsideration and this reconsideration decision shall be a
final decision.
Article 29
Any functionary engaged in administration of arms
trade who neglects his duty, engages in malpractices for
personnel interests, abuses his power or accepts or extorts
money or property from other persons by taking advantage of
his office shall be investigated for criminal liability
according to law if the act constitutes a crime or be given
administrative sanction according to law if the act is not
serious enough to constitute a
crime.
Chapter
VI Supplementary Provisions
Article
30 These Regulations shall apply to the export of
police equipment.
Article
31 These Regulations shall come into force as of
January 1, 1998.