"Full Text of China's Regulations on Export Control of Missiles"
Xinhua News Agency
August 25, 2002
[FBIS Transcribed Text] Beijing, Aug. 25 (XINHUA) -- The Xinhua News
Agency was authorized on Sunday to promulgate the Regulations of the
People's Republic of China on Export Control of Missiles and Missile-
related Items and Technologies, which were signed by Premier Zhu Rongji
last Thursday and went into effect as of the date of promulgation. The
full text of the regulations is as follows:
Regulations of the People's Republic of China on Export Control of
Missiles and Missile-related Items and Technologies
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 11 Where 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 are 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.
[Description of Source: Beijing Xinhua in English -- China's official
news service for English-language audiences (New China News Agency)]
