(September 21, 2006 by Ministry of Commerce, 2006 7th released 30th after the promulgation of the date of promulgation) Chapter I General provisions article to strengthen the administration of import and export of precursor chemicals to prevent their diversion into illicit channels of HIV, according to the People's Republic of China's foreign trade law and the regulations on administration of precursor chemicals, such as laws and administrative regulations, this provision is enacted.
Article referred to in these provisions refers to the precursor chemicals listed in the schedule of the regulations on administration of precursor chemicals used in the manufacture of raw materials and chemical dispensing, directory, see annex to the present regulations. Article licensing management system for import and export of precursor chemicals.
Import and export of precursor chemicals in any way are required to apply for a permit. Fourth Ministry of Commerce in charge of the national management of the import and export of precursor chemicals.
In other departments of the State Council responsible for administration within their respective mandates. All provinces, autonomous regions, municipalities, and cities with municipal departments in charge of Commerce (hereinafter referred to as competent provincial Commerce Department) is responsible for the management of the import and export of precursor chemicals in the region.
Accept the Commerce Ministry delegate in charge of the import and export of precursor chemicals licensed trial and some precursor chemicals import and export permits.
Commercial administrative departments at or above the county level shall be responsible for the import and export of precursor chemicals supervision and inspection work.
Article fifth through foreign exchange, Exchange, cooperation, giving, assistance, services and other forms of import and export of precursor chemicals, should apply in accordance with the provisions in (a) license.
Article sixth precursor chemicals import and export operators (hereinafter referred to as the operator) to processing trade import and export of precursor chemicals or processing products, products for domestic sale of precursor chemicals needed, should first be obtained in accordance with this regulation corresponding to (a) permit and (a) permit procedures.
Article seventh mixtures containing precursor chemicals, operators should be reduced quantity of precursor chemicals in accordance with the provisions in (a) license, except for the compound pharmaceutical preparations containing precursor chemicals.
Article eighth sample import and export of precursor chemicals should be in accordance with the requirements for an applicant (a) license.
Nineth precursor chemicals in transit, transit, transportation in accordance with this provision shall be applied for (a) license.
Article tenth of precursor chemicals in foreign countries and free trade zone, export processing zones and other special customs supervision, bonded areas between the incoming and outgoing, an application shall be in accordance with the provisions in (a) license.
Precursor chemicals within bonded areas, export processing zones and other special customs supervision zones, bonded places between the incoming and outgoing, or in the special customs supervision, bonded areas between the incoming and outgoing, they do not apply for (a) license. Article 11th in the import and export of precursor chemicals, shall to the customs declaration, submitted (a) permit, the Customs shall permit the customs clearance formalities.
Import the first drug in the class of precursor chemicals, should also be submitted to the food and Drug Administration issued by customs clearance of imported drugs.
12th article turnover boundary personnel carry the regulations on administration of precursor chemicals, the first drug in the class type of precursor chemicals drug preparations and potassium permanganate, shall be limited to personal use and a reasonable number, and subject to customs control.
Entry and exit of personnel are not allowed to carry precursor chemicals other than those provided for in the preceding paragraph. 13th State of some import and export of precursor chemicals for the international verification system.
Regulations be enacted separately. Ephedrine belongs to focus the scope of the 14th article of precursor chemicals, approved by the Ministry of Commerce in collaboration with the relevant departments of the State Council, enterprises to import and export.
Administrative measures separately.
Chapter II import and export permit applications and review of the 15th business operators to apply for import and export of precursor chemicals, through import and export control of dual-use items and technology e-truthful, accurate, and complete the precursor chemicals into (out of) application form, and submit electronic data.
16th provincial departments in charge of Commerce shall from the date of receiving the application for import and export of electronic data in the 3rd review, in line with the requirements, online to advise the operators to submit written material does not meet the requirements, reasons and returned again to fill online.
17th article operators received submitted written material of notification Hou, should to provincial business competent sector submitted following written material: (a) by signed and stamped seal of easy business HIV chemicals into (out) mouth application table original; (ii) foreign trade operators record registration form copies; (three) license copy copies; (four) easy business HIV chemicals production, and business, and purchase license or record proved; (five) imports or export contract (Agreement) copies; (six) handling people of identity proved copies.
Apply for permission to export of precursor chemicals, should also be submitted to the competent Department of the Government of the importing party the legitimate use of precursor chemicals issued by certificate or guarantee of legitimate use of original documents of the importing party.
Copy of the material on this article is in doubt, the commercial administrative department may require operators to submit the relevant original material.
Written materials are incomplete or do not comply with the statutory form, the provincial departments in charge of Commerce shall from the date of receipt of the written material on 5th told all operators need to supplement the content, fails to inform the, shall be accepted as of the date of receipt of the written material.
Article 18th third class without international verification of the list of import and export of precursor chemicals, the provincial departments in charge of Commerce shall receive complete, qualified written materials submitted by an operator within the 5th days of written materials and electronic data review and make a decision on whether to license.
License, the provincial departments in charge of Commerce shall be issued within this period of dual-use items and technologies into (out of) approval form, and Commerce electronic data record of disapproval, the provincial Commerce authorities notify the operator in writing and state the reasons.
Article 19th for import and export directory first to second category of precursor chemicals and list should be verifiable in third class of precursor chemicals, the provincial departments in charge of Commerce shall receive complete and qualified within 3rd day of written material on the application at first instance.
After passing the preliminary examination for applications for import and export without verifiable list first to second category of precursor chemicals, provincial Commerce authorities to transfer electronic data Commerce review for import and export of precursor chemicals to be verifiable, provincial-leveled Commerce departments will be written and electronic data transfer the Commerce Department review.
20th for import and export directory first to second class without international verification of precursor chemicals, MOFCOM shall from the date of receiving provincial-leveled Commerce departments reported to the electronic data in the 8th review, make a decision on whether to license and notify the provincial Commerce Department.
Department of Commerce pursuant to the preceding paragraph on the import application to be licensed, provincial departments in charge of Commerce shall upon receipt of the decision in the 2nd issue of the dual-use items and technology (ex) approved form; not to permit provincial Commerce authorities notify the operator in writing and state the reasons.
21st international verification requirements applying for import of precursor chemicals, the Ministry of Commerce shall receive provincial-leveled Commerce departments reported to the electronic data and review date of written material in the 8th, make a decision on whether to license and notify the provincial Commerce Department.
Department of Commerce pursuant to the preceding paragraph on the import application to be licensed, provincial departments in charge of Commerce shall upon receipt of the decision in the 2nd issue of the dual-use items and technology import approval form; not to permit the provincial Commerce authorities notify the operator in writing and state the reasons.
Exports of precursor chemicals should be national or international verification requests from regional government authorities, the Ministry of Commerce in collaboration with the Ministry of public security on the operators to verify the circumstances regarding the import of precursor chemicals.
Articles 22nd for the applications for export of precursor chemicals to be verifiable, the Ministry of Commerce shall receive competent provincial Commerce Department report written materials and review electronic data within 5th of, in conformity with the provisions and of international verification. Department of Commerce should be since the date of receiving the international verification of the results in the 3rd make a decision on whether to license and notify the provincial Commerce Department.
Permission of the Ministry of Commerce, provincial departments in charge of Commerce shall upon receipt of the decision in the 2nd issue of the dual-use items and technology export approvals list; not to permit provincial Commerce authorities notify the operator in writing and state the reasons.
International verification time is not calculated within the license period.
Article 23rd imported precursor chemicals in drug classes in the first class, the Ministry of Commerce before licensing decisions are made, should ask the food and drug supervision and administration departments of the State Council's consent.
Apply for export in the first class of drug precursor chemicals category, you need to obtain the export licenses handled the purchase license, shall apply to the provincial food and drug supervision and management departments to purchase a license.
Article 24th review process possible under the import and export of precursor chemicals, the commercial Administrative Department on the ground substance of the application materials verification.
Article 25th through dual-use items and technology import and export management e-query apply processes and results.
Article 26th with the dual-use items and technology (ex) approval form the basis of the dual-use items and technology import and export permits regulations relevant provisions apply for dual-use items and technology (ex) license.
Third chapter foreign investment enterprise import and export license application and review 27th article foreign investment enterprise application import and export easy business HIV chemicals of, through foreign investment enterprise import and export management network system declared, truthfully, and accurate, and full fill in foreign investment enterprise easy business HIV chemicals into (out) mouth application table, and submitted electronic data; manual not after network system declared of, provincial business competent sector must by specification entry above system.
28th provincial departments in charge of Commerce shall from the date of receiving the application for import and export of electronic data in the 3rd review, in line with the requirements, online notice foreign-invested enterprises to submit written material does not meet the requirements, reasons and returned again to fill online. Article 29th after receipt of the written material submitted to the enterprises with foreign investment, following written materials shall be submitted to the provincial-leveled Commerce departments:
(A) by signed and stamped seal of foreign investment enterprise easy business HIV chemicals into (out) mouth application table original; (ii) cover has joint annual qualified identifies of approved certificate copies; (three) license copy copies; (four) business competent sector on established the enterprise of approval and the enterprise joint venture contract or articles, and inspection funding report; (five) easy business HIV chemicals production, and business, and purchase license or record proved; (six) imports or export contract (Agreement) copies;
(G) the certified copy of Attn.
Apply for permission to export of precursor chemicals, should also be submitted to the competent Department of the Government of the importing party the legitimate use of precursor chemicals issued by certification or assurance of the legitimate use of original documents of the importing party.
Application of import of precursor chemicals, the need to submit reports to importing precursor chemicals, including foreign-invested enterprises the regulation of note and letter of guarantee shall not be used for manufacturing dangerous drugs.
Copy of the material on this article is in doubt, the commercial administrative department may request the inspection of foreign-invested enterprises all the original material.
Written materials are incomplete or do not comply with the statutory form, the provincial departments in charge of Commerce shall from the date of receipt of the written material on 5th informed all foreign-invested enterprises need to supplement content, fails to inform the, shall be accepted as of the date of receipt of the written material.
Article 30th third class without international verification of the list of import and export of precursor chemicals, the provincial departments in charge of Commerce shall receive complete, qualified 5th days of written material submitted by the foreign-invested enterprises in writing and reviewing electronic data, and make a decision on whether to license.
License, the provincial departments in charge of Commerce shall, within the period for foreign-invested enterprises of precursor chemicals into (out of) approval form, and Commerce electronic data record; no permission, provincial Commerce authorities inform the enterprises with foreign investment and state the reasons in writing.
31st for import and export directory first to second category of precursor chemicals and list should be verifiable in third class of precursor chemicals, the provincial departments in charge of Commerce shall receive complete and qualified within 3rd day of written material on the application at first instance.
After passing the preliminary examination for applications for import and export without verifiable list first to second category of precursor chemicals, provincial Commerce authorities to transfer electronic data Commerce review for import and export of precursor chemicals to be verifiable, provincial-leveled Commerce departments will be written and electronic data transfer the Commerce Department review.
Articles 32nd to apply for import list first to second category without international verification of precursor chemicals, MOFCOM shall from the date of receiving provincial-leveled Commerce departments reported to the electronic data in the 8th review, make a decision on whether to license and notify the provincial Commerce Department.
Department of Commerce pursuant to the preceding paragraph on the import application to be licensed, provincial departments in charge of Commerce shall upon receipt of the decision in the 2nd issue of the foreign-funded enterprises imported precursor chemicals approved; not to permit the provincial Commerce authorities inform the enterprises with foreign investment and state the reasons in writing. Article 33rd for the applications for export in the first to second class without international verification of precursor chemicals, the Ministry of Commerce shall receive provincial-leveled Commerce departments reported to the electronic data and written material within 10th of review, make a decision on whether to license and notify the provincial Commerce Department.
License, the Ministry of Commerce shall be issued within this period the precursor chemicals exports of foreign invested enterprises approval form, the provincial Commerce authorities inform foreign-invested enterprises; not to permit the provincial Commerce authorities inform the enterprises with foreign investment and state the reasons in writing.
Article 34th international verification requirements applying for import of precursor chemicals, the Ministry of Commerce shall receive provincial-leveled Commerce departments reported to the electronic data and review date of written material in the 8th, make a decision on whether to license and notify the provincial Commerce Department.
Department of Commerce pursuant to the preceding paragraph on the import application to be licensed, provincial departments in charge of Commerce shall upon receipt of the decision in the 2nd issue of the foreign-funded enterprises imported precursor chemicals approved; not to permit the provincial Commerce authorities inform the enterprises with foreign investment and state the reasons in writing.
Exports of precursor chemicals should be national or international verification requests from regional government authorities, the Ministry of Commerce in collaboration with the Ministry of public security on foreign-invested enterprises to verify the circumstances regarding the import of precursor chemicals.
35th for the applications for export of precursor chemicals to be verifiable, the Ministry of Commerce shall receive competent provincial Commerce Department report written materials and review electronic data within 5th of, in conformity with the provisions and of international verification. Department of Commerce should be since the date of receiving the international verification of the results in the 5th make a decision on whether to license and notify the provincial Commerce Department.
License, the Ministry of Commerce shall be issued within this period the precursor chemicals exports of foreign invested enterprises approval form, the provincial Commerce authorities inform foreign-invested enterprises; not to permit the provincial Commerce authorities inform the enterprises with foreign investment and state the reasons in writing.
International verification time is not calculated within the license period.
Article 36th foreign-invested enterprise applies for import pharmaceuticals in the first class of precursor chemicals, the Ministry of Commerce before licensing decisions are made, should ask the food and drug supervision and administration departments of the State Council's consent.
Exports of foreign-invested enterprise applies for the first class of drug precursor chemicals in a class, you need to obtain the export licenses handled the purchase license, shall apply to the provincial food and drug supervision and management departments to purchase a license.
37th in the import and export of precursor chemicals in foreign-invested enterprises licensing review process, the commercial Administrative Department on the ground substance of the application materials verification.
Article 38th of the precursor chemicals in foreign-funded enterprises into (out of) mouth approval form must be stamped with the seal of the Department of Commerce.
39th foreign-invested companies can use the import and export of foreign-funded enterprises management network system for enquiries about applying for process and results.
40th foreign-funded enterprises by the foreign-funded enterprises into precursor chemicals (out) approval form the basis of the dual-use items and technology import and export permits regulations relevant provisions apply for dual-use items and technology (ex) license.
Fourth chapter supervision 41st Commerce authorities above the county level shall be in accordance with the regulations and other relevant laws and regulations, strictly perform the duty of supervision and inspection of import and export of precursor chemicals, and to investigate and punish violations.
42nd commercial administrative departments at or above the county level shall conduct supervision and inspection on the operators, it may check out live, read, and copy the relevant information, recording the situation, seizing evidence related to the materials and articles, if necessary, you can temporarily sealed the premises.
Relevant units and individuals shall provide relevant information and materials in a timely manner, the goods shall not be denied or hidden. Article 43rd in the import and export of precursor chemicals link loss, theft or robbery cases cases units shall immediately report to the local police and local departments in charge of Commerce.
Received a report of the Commerce Department of escalation, and cooperate with the public security organs investigated and dealt with.
44th business operator shall establish and improve the system of internal management of the import and export of precursor chemicals, establishing and perfecting the administration of precursor chemicals import and export files and retained for at least two years for reference, and to designate a person responsible for the import and export of precursor chemicals.
Article 45th knew or should have known, or been informed Commerce authorities proposed the import and export of precursor chemicals into illicit channels, enforcement should be to terminate the contract, and shall report the relevant departments in charge of Commerce. Breach of these provisions or when the proposed import and export of precursor chemicals used to produce poison dangers, the Ministry of Commerce or provincial Commerce authorities have issued (a) licenses revoked.
Operators shall take measures to stop the transaction. Article 46th Manager before March 31 in each year to the competent provincial Commerce Department and local Police Department reported import and export of precursor chemicals in the unit last year, import and export of precursor chemicals drug class operators must report this to the local food and drug supervision and management unit annual import and export of precursor chemicals in medicine.
Provincial-leveled Commerce departments will be present within the administrative area of the import and export of precursor chemicals summary report after the Ministry of Commerce.
Conditional operators with the competent commercial departments to establish computer network, timely information on the import and export situation.
Fifth chapter legal liability article 47th without license or beyond the scope of license of import and export of precursor chemicals, or violation of the provisions of article 12th by the customs in accordance with the provisions of relevant laws and administrative regulations and penalties constitutes a crime, criminal responsibility shall be investigated according to law.
48th article violation this provides, has following behavior one of of, commerce can give warning, and ordered deadline corrected, and at 10,000 yuan above 50,000 yuan following fine: (a) operators not by this provides established sound internal management system; (ii) will import and export license lent others using of; (three) easy business HIV chemicals in import and export link occurred lost, and was stolen, and was Rob Hou not timely report, caused serious consequences of.
45th, 49th in violation of the provisions of article 46, the Ministry may be given a warning, rectification, and fines of between 30,000 yuan.
50th business operators or individual refuses to accept supervision and inspection of the commercial Administrative Department, the Commerce Department ordered corrective action and directly responsible for the charge and the other persons be given warning; the circumstances are serious, the unit shall be fined a maximum of between 50,000 yuan and 10,000 yuan, directly responsible for the charge and the other persons between 5000 and 1000 Yuan fine. 51st since the entry into force of the decision on administrative penalty or criminal penalty judgment from the date of entry into force, within three years of Commerce refuses to accept violations of people precursor chemicals import and export permit applications, or prohibit the violator within a period of one to three years engaged in activities related to the import and export of precursor chemicals.
52nd commercial Administrative Department staff in the management of the import and export of precursor chemicals should be permitted without permission, which permission should not permit, as well as other acts of abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Sixth chapter supplementary articles of dual-use items and technologies into 53rd (ex) approval, foreign-invested enterprises of precursor chemicals into (a) approved by the Ministry of Commerce shall be designed and oversees the printing.
54th to specific countries (regions) exports of precursor chemicals to the interim provisions on the administration of inconsistent with these rules, from its provisions. 55th article of the regulations come into force published after the 30th.
Original regulations on the administration of import and export of precursor chemicals (former Ministry of 1999 4th order), the Ministry of foreign trade and economic cooperation concerning printing and distributing of import and export of precursor chemicals in foreign-invested enterprises approved principles and notice of the approval process ((1997), foreign trade and economic cooperation funded three-letter word 197th) repealed simultaneously. 附件：易制毒化学品进出口管理目录
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┌──┬───────────────────────────────┬───────┐
│序号│ 商 品 名 称 │ 商品编码 │
├──┴───────────────────────────────┴───────┤
│ 第一类 │
├──┬───────────────────────────────┬───────┤
│ 1. │麻黄碱（麻黄素，盐酸麻黄碱）* │ 2939410010 │
├──┼───────────────────────────────┼───────┤
│ 2. │硫酸麻黄碱* │ 2939410020 │
├──┼───────────────────────────────┼───────┤
│ 3. │消旋盐酸麻黄碱* │ 2939410030 │
├──┼───────────────────────────────┼───────┤
│ 4. │草酸麻黄碱* │ 2939410040 │
├──┼───────────────────────────────┼───────┤
│ 5. │ Pseudoephedrine (pseudoephedrine, pseudoephedrine hydrochloride) │ │ ├ 2939420010-┼ *-----------------------------------------┼--------┤ │ 6. │硫酸伪麻黄碱* │ 2939420020 │
├──┼───────────────────────────────┼───────┤
│ 7. │盐酸甲基麻黄碱* │ 2939490010 │
├──┼───────────────────────────────┼───────┤
│ 8. │消旋盐酸甲基麻黄碱* │ 2939490020 │
├──┼───────────────────────────────┼───────┤
│ 9. │去甲麻黄碱及其盐* │ 2939490030 │
├──┼───────────────────────────────┼───────┤
│10. │供制农药用麻黄浸膏粉* │ 1302199011 │
├──┼───────────────────────────────┼───────┤
│11. │供制农药用麻黄浸膏* │ 1302199012 │
├──┼───────────────────────────────┼───────┤
│12. │供制医药用麻黄浸膏粉* │ 1302199091 │
├──┼───────────────────────────────┼───────┤
│13. │供制医药用麻黄浸膏* │ 1302199092 │
├──┼───────────────────────────────┼───────┤
│14. │其他麻黄浸膏粉* │ 1302199093 │
├──┼───────────────────────────────┼───────┤
│15. │其他麻黄浸膏* │ 1302199094 │
├──┼───────────────────────────────┼───────┤
│16. │药料用麻黄草粉* │ 1211903910 │
├──┼───────────────────────────────┼───────┤
│17. │香料用麻黄草粉* │ 1211905010 │
├──┼───────────────────────────────┼───────┤
│18. │其他用麻黄草粉* │ 1211909910 │
├──┼───────────────────────────────┼───────┤
│19. │ Ephedra alkali salts unilateral preparations (refers to hydrochloride (pseudo) ephedra alkali tablets, hydrochloride ephedra alkali injection agent, sulfur │ 3004409010 │││ acid ephedra alkali tablets) * ││├-the-the ┼-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┼-the-the-the-the-the-the-the ┤ │ 20. │ Piperonal (Piperonal, and 3,4--methyl benzene formaldehyde, heliotropin) │ │ ├ 2932930000-┼ *-----------------------------------------┼--------┤ │ 21. │1－苯基－2－丙酮（苯丙酮）* │ 2914310000 │
├──┼───────────────────────────────┼───────┤
│22. │ 3,4-methylene oxide phenyl acetone │ │ ├ 2932920000-┼ *-----------------------------------------┼--------┤ │ 23. │ Safrole (4-allyl- -1,2-methyl benzene) │ │ ├ 2932940000-┼ *-----------------------------------------┼--------┤ │ 24. │ Same safrole (4-allyl -1,2--methyl benzene) │ │ ├ 2932910000-┼ *-----------------------------------------┼--------┤ │ 25. │黄樟油* │ 3301299010 │
├──┼───────────────────────────────┼───────┤
│26. │ N-acetylanthranilic acid (n-acetyl-o-aminobenzoic acid 2-acetamidobenzoic acid) │ │ ├ 2924230010-┼ *-----------------------------------------┼--------┤ │ 27. │邻氨基苯甲酸（氨茴酸）* │ 2922431000 │
├──┼───────────────────────────────┼───────┤
│28. │麦角新碱* │ 2939610010 │
├──┼───────────────────────────────┼───────┤
│29. │麦角胺* │ 2939620010 │
├──┼───────────────────────────────┼───────┤
│30. │麦角酸* │ 2939630010 │
├──┴───────────────────────────────┴───────┤
│ 第二类 │
├── ┬───────────────────────────────┬───────┤
│31. │苯乙酸* │ 2916340010 │
├──┼───────────────────────────────┼───────┤
│32. │醋酸酐（乙酸酐）* │ 2915240000 │
├──┼───────────────────────────────┼───────┤
│33. │三氯甲烷（氯仿） │ 2903130000 │
├──┼───────────────────────────────┼───────┤
│34. │乙醚 │ 2909110000 │
├──┼───────────────────────────────┼───────┤
│35. │哌啶（六氢哌啶） │ 2933321000 │
├──┴───────────────────────────────┴───────┤
│ 第三类 │
├──┬──── ───────────────────────────┬───────┤
│36. │甲苯 │ 2902300000 │
├──┼───────────────────────────────┼───────┤
│37. │丙酮 │ 2914110000 │
├──┼───────────────────────────────┼───────┤
│38. │甲基乙基酮（丁酮） │ 2914120000 │
├──┼───────────────────────────────┼───────┤
│39. │高锰酸钾* │ 2841610000 │
├──┼───────────────────────────────┼───────┤
│40. │硫酸 │ 2807000010 │
├──┼───────────────────────────────┼───────┤
│41.
│ HCL (hydrogen chloride) │ 2806100000 │ └ ┴----------------------------------------┴----------┘ =tbl/> Note: with * are precursor chemicals in international verification.
