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People's Republic Of China Regulations On Export Control Of Missiles And Missile-Related Items And Technologies

Original Language Title: 中华人民共和国导弹及相关物项和技术出口管制条例

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(August 22, 2002 People's Republic of China promulgated by Decree No. 361 release come into force on the date of promulgation) first in order to strengthen the missile and missile-related items and technologies export control, and safeguarding the State security and social and public interests, this Ordinance is enacted.
    Second article this Ordinance by said missile and the related real items and technology export, is refers to this Ordinance annex missile and the related real items and technology export control listing (following referred to control listing) by column of missile and the related equipment, and material, and technology of trade sex export and foreign gift, and exhibition, and technology cooperation, and assistance, and service and to other way for of technology transfer.
    Article on missile and missile-related items and technologies subject to strict control, prevention included in the control list can be used to deliver weapons of mass destruction and missile proliferation and other delivery systems. Fourth State of missile-related items and technologies export license management system.
    Without permission, no unit or individual shall export missiles and missile-related items and technologies.
    Export article listed in part I of the control list items and technologies, in accordance with the People's Republic of China on administration of arms export regulations and other related regulations.
    Listed in part II of the export control list of the items and technologies (hereinafter referred to as missile-related items and technologies), shall, in accordance with the provisions of section seventh to 13th and approval formalities, but exports of missile-related items and technologies for military purpose shall be in accordance with the provisions of the preceding paragraph.
    Sixth missile-related items and technologies export of the receiving party shall ensure that, without government permission, do not supply China's missile-related items and technologies for purposes other than the stated end-use, not counting China's missile-related items and technologies transfers to third parties other than stated in the end user. Article seventh missile-related items and technologies export operators, subject to the competent foreign economic and Trade Department of the State Council (hereinafter referred to as the competent foreign trade Department under the State Council) registered. Without such registration, no unit or individual shall export missile-related items and technologies.
    Specific measures for such registration shall be prescribed by the competent foreign trade Department under the State Council.
    Eighth article export missile related real items and technology, should to State outside trade competent sector proposed application, fill in missile related real items and technology export application table (following referred to export application table), and submitted following file: (a) applicants of statutory representative people, and main business management people and handling people of identity proved; (ii) contract or agreement of copy; (three) missile related real items and technology of technology description; (four) eventually user proved and eventually uses proved; (five) this Ordinance sixth article provides of guarantee instruments;
    (Vi) the other documents submitted by the competent foreign trade Department under the State Council.
    Article the applicant shall fill in the export application form.
    Export application form printed by the competent foreign economic and Trade Department of the State Council.
    Tenth the competent foreign trade Department under the State Council should be receiving the export application form and this regulation article eighth date of the files reviewed, or in conjunction with the relevant departments of the relevant departments of the State Council and the Central Military Commission reviewed and approved or disapproved within 45 working days of decision.
    11th on the State security and social and public interests have significant impact on the export of missile-related items and technologies, the competent foreign trade Department under the State Council shall, jointly with relevant departments, submit the State Council and the Central Military Commission for approval.
    Exports of missile-related items and technology submitted to the State Council and the Central Military Commission for approval, without the limitation of time limits article tenth of the Ordinance.
    12th applications for export of missile-related items and technologies is examined and approved, issued by the competent foreign trade Department under the State of missile-related items and technologies export licence (hereinafter referred to as an export licence), and notify the customs in writing.
    13th an export license holder to change the original applications of missile-related items and technologies export shall return the original export licence and in accordance with the relevant provisions of the Ordinance, application to obtain a licence for the export again.
    14th when the export of missile-related items and technologies, the exporter shall present the export to the customs permit and customs formalities in accordance with the provisions of the customs law, and subject to customs control.
    15th receiving party in violation of its article in accordance with these regulations guarantee sixth article or appear listed in the control list can be used to deliver weapons of mass destruction, missiles and other delivery systems at risk, should have been issued by the competent foreign economic and Trade Department export license be suspended or revoked, and notify the customs in writing.
    16th the exporter knows or should know that the export of missile-related items and technologies will be used by the receiving party directly included in the control list can be used to deliver weapons of mass destruction, missiles and other delivery systems development plan, even though the items and technologies listed in the control list, should also be in accordance with the provisions of this Ordinance.
    17th approved by the State Council and the Central Military Commission, the competent foreign trade Department under the State Council in conjunction with the departments concerned, other than the interim decision of the control lists of the specific items and technologies export control in accordance with this Ordinance. 18th article without license unauthorized export missile related real items and technology of, or unauthorized beyond license of range export missile related real items and technology of, in accordance with criminal on smuggling crime, and illegal business crime, and leaked national secret crime or other crime of provides, law held criminal; is enough criminal punishment of, difference different situation, in accordance with customs method of about provides punishment, or by State outside trade competent sector give warning, confiscated illegal proceeds, at illegal proceeds 1 time times above 5 times times following of fine
    ; The competent foreign trade Department under the State Council may concurrently suspend or even revoke the licensing for their foreign trade operations.
    Article 19th of forged, altered or sell the licence for the export of missile-related items and technologies, in accordance with the criminal law on the illegal business operations or the crime of forging, altering, buying or selling official documents, certificates or seals of provisions, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, in accordance with the relevant provisions of the customs law; the competent foreign trade Department under the State Council may concurrently revoke the licensing for their foreign trade operations.
    Article 20th obtained by deception or other improper means of guided missiles and related items and technologies export license, collected by the competent foreign trade Department under the State export licenses, confiscate the illegal income, the illegal income equivalent of a fine, suspend or even revoke the licensing for their foreign trade operations.
    21st article seventh in violation of this Ordinance is not registered allowed to export missile-related items and technologies shall be formulated by the competent foreign economic and Trade Department banned their illegal activities according to law and by the relevant State authorities in accordance with the relevant laws and administrative regulations shall be punished.  
    Article 22nd of missile-related items and technologies export control staff abuse their powers, neglect their duties or using his position to ask for or accept other people's property, in accordance with the criminal law on the crime of abuse, negligence, bribery or other crimes provisions, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, shall be given administrative sanctions.
    23rd the competent foreign trade Department under the State Council, jointly with relevant departments, can be adjusted according to the actual situation of the control lists, reported to the State Council and the Central Military Commission for approval before implementation.
                                          24th article of the regulations come into force on the date of promulgation.