Administrative Measures On Foreign-Related Meteorological Exploration And Information

Original Language Title: 涉外气象探测和资料管理办法

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(November 7, 2006, China Meteorological Bureau, National Security Bureau announced the 13th come into force on January 1, 2007) Chapter I General provisions article in order to regulate the management of foreign-related meteorological exploration and information, safeguarding national security and interests, in accordance with the People's Republic of China national security law, the People's Republic of China Law on guarding State secrets and the People's Republic of China law and other relevant laws and regulations, these measures are formulated.
    Second overseas organizations, institutions and individuals in People's Republic of China area and People's Republic of China sea areas under the jurisdiction in meteorological observation and meteorological information is provided, used and collection activities shall abide by these measures.
    Outside organizations, institutions and individuals in the People's Republic of China area and People's Republic of China sea areas under the jurisdiction engaged in the activities described in the preceding paragraph, and People's Republic of China relevant organizations.
    Article engaged in foreign-related meteorological exploration and weather information on the provision, use and collection activities, should adhere to the principle of strict regulation, effective use, safeguard national security and promote international cooperation in meteorology.
    Relating to State security and State secrets of foreign-related meteorological exploration and provides weather information, use and collection activities, must comply with the relevant national security and State secrets provisions of the laws, regulations and rules.
    Fourth the competent Meteorological Department under the State Council is responsible for the national foreign-related meteorological exploration and information management.
    Local meteorological departments at all levels responsible for the administration of foreign-related meteorological exploration and information management.
    National security, confidentiality and other relevant departments and other relevant departments of the local people's Governments at various levels shall, in accordance with responsibilities combined with meteorological departments to do foreign-related meteorological exploration and information management.
    Fifth article of any outside organization or individual is allowed to unauthorized organizations, institutions and individuals to provide meteorological observation sites and meteorological data, weather information involving State secrets must not be in any way to other organizations and individuals, or published.
    Outside organizations, institutions or individuals may damage detected by meteorological activities People's Republic of China's national security and interests. Chapter II foreign-related meteorological exploration stations (point) set up a sixth of a foreign-related meteorological exploration stations (point) was established, the implementation of administrative licensing system.
    Without a permit, may not establish foreign-related meteorological exploration stations (point).
    The competent Meteorological Department under the State Council is responsible for approving foreign-related meteorological exploration stations (point) was established, involving national security, State secret, each Party shall seek the views of national security, privacy, and other departments.
    Seventh article application established foreign meteorological detection station (points) should has following conditions: (a) has science reasonable of international cooperation project implementation plans and Programme; (ii) has clear of cooperation units, and meet requirements of meteorological detection locations; (three) has required of funding, and equipment and must number of professional technicians; (four) national and about sector provides of engaged in foreign activities must has of other conditions. Eighth article application established foreign meteorological detection station (points), should submitted following written material: (a) cooperation parties of basic situation; (ii) cooperation project agreement, and project implementation plans and Programme; (three) professional technicians of basic situation; (four) project funding source proved; (five) detection instrument equipment of model, and production manufacturers, and equipment license and technology index,; (six) intends built detection site of basic parameter (including longitude, and latitude, and elevation height,), and cloth points and detection environment; (seven) detection project
    , Time, sampling time and frequency and the method and its use; (h) the processing and transmission of data, data collection, transmission and archiving format, home backup and data sharing, etc.
    Foreign-related meteorological exploration activities involving other departments concerned, the applicant shall also submit the approval documents of the departments concerned.
    Nineth article application established foreign meteorological detection station (points), should according to following program handle: (a) carried out foreign meteorological detection activities of China cooperation organization, should in project implementation three months Qian, to location of province, and autonomous regions, and municipalities meteorological competent institutions proposed written application; (ii) province, and autonomous regions, and municipalities meteorological competent institutions since accepted application of day up 20 a days within formed preliminary audit views, together with applicants of all application material together submitted State Meteorological competent institutions approval;
    (C) the competent Meteorological Department under the State Council in conjunction with the departments concerned shall, within 20 working days from the date of receipt of application materials to make a decision.
    Relating to State security and State secrets, meteorological departments of provinces, autonomous regions and municipalities directly under the initial approval, shall solicit the views of local departments such as national security, confidentiality.
    Across provinces, autonomous regions and municipalities to set up foreign-related meteorological exploration stations (point), an application shall be made directly to the competent Meteorological Department under the State Council.
    Chinese partner organizations must report to the competent Meteorological Department on material and reflect the true situation, and is responsible for the authenticity of the substance of the application materials. Tenth Article application established foreign meteorological detection station (points) and using has has weather station (points) carried out detection project, or since with instrument equipment for meteorological detection of, must meet following requirements: (a) in China territory established meteorological detection site of station spacing cannot less than 60 km, detection time cannot over two years, has special need and by State Meteorological competent institutions approved of except; (ii) used automatically meteorological detection instrument equipment for detection or artificial observation, by gets of meteorological information should by cooperation parties shared,
    Outside organization, and institutions and personal without meteorological competent institutions agreed shall not unilateral for transmission; (three) since with and using of meteorological detection instrument equipment, should by State Meteorological competent institutions or province, and autonomous regions, and municipalities meteorological competent institutions organization check, and meet national security of provides; (four) since with and using of meteorological detection instrument equipment belongs to radio launches equipment of, should according to national about radio frequency management provides handle related procedures;
    (E) foreign-related meteorological exploration of our ongoing meteorological observation shall not be affected.
    11th defense and military facilities, military sensitive areas that have not been open to the area, key projects and other area is not related to national security to set up foreign-related meteorological exploration stations (point). 12th by the competent Meteorological Department under the State Council approved the establishment of the foreign-related meteorological exploration stations (point), should be in accordance with the approved place of detection, detection project, carried out, and shall not be changed without permission.
    Need to change the detection location, project, time, shall declare anew, and approved by the competent Meteorological Department under the State Council.
    13th approved the establishment of the foreign-related meteorological exploration stations (point) in meteorological observation stations (point) before construction shall be filed with the city divided into districts where the competent meteorological records.
    14th of provinces, autonomous regions and municipalities within the meteorological authorities are responsible for the administration of foreign-related meteorological exploration stations (point) supervision and management, and supervision and management of the reports in a timely manner the competent Meteorological Department under the State Council.
    Chinese-foreign cooperation in meteorological departments should take the initiative to accept supervision and inspection, provide relevant information and materials. Chapter III administration of foreign-related meteorological information 15th foreign-related meteorological exploration activities of meteorological observation data obtained by shall regularly to the local provincial meteorological departments, autonomous regions and municipalities directly under the sink.
    Specific measures for the collection developed by the meteorological departments of provinces, autonomous regions and municipalities directly under the.
    16th foreign-related meteorological exploration activities to obtain meteorological information and its processing products, People's Republic of China all cooperating parties can be used in accordance with the contract.
    17th overseas organizations, institutions and individuals to their adoption of foreign-related meteorological exploration activities by the acquisition of meteorological data and products access, but not transferred, in any form to third parties.
    18th to outside organizations, institutions and individuals to participate in the World Meteorological Organization's global and regional exchange of meteorological data sites, should be organized by the Chinese provinces, autonomous regions and municipalities directly under the Meteorological Authority a written application, provinces, autonomous regions and municipalities directly under the Meteorological Authority or the competent Meteorological Department under the State Council for approval.
    Involving State secrets shall be in accordance with the relevant provisions of the State seeking the views of Privacy Department.
    Article 19th in foreign-related meteorological exploration activities get weather information involving State secrets, by the meteorological departments of provinces, autonomous regions, municipalities or the authorized units and Sino-foreign cooperative meteorological data confidentiality agreement signed in accordance with State regulations, clear confidentiality obligations and responsibilities.
    Fourth chapter legal responsibility 20th article violation this approach provides, has following behavior one of of, by about meteorological competent institutions ordered stop violations, demolition illegal detection facilities, collection illegal gets of meteorological information, give warning, can and at 10,000 yuan following of fine; constitute crime of, law held criminal: (a) without approved unauthorized established foreign meteorological detection station (points) of; (ii) beyond approved cloth points detection of; (three) on China is for of meteorological detection work caused effect of;
    (D) unauthorized change detection, project, time; (e) beyond the detection period for exploration activities; (vi) meteorological instruments and equipment with or without the competent Meteorological Department under the State Council institutions or provinces, autonomous regions and municipalities directly under the Meteorological Organization checks by the competent authorities.
    21st article violation this approach provides, has following behavior one of of, by about meteorological competent institutions ordered stop violations, collection illegal gets of meteorological information, give warning, can and at 10,000 yuan following of fine: (a) to without approved of outside organization, and institutions and personal provides meteorological detection places and meteorological information of; (ii) outside organization, and institutions and personal implementation or directed, and funding others to illegal means collection, and steal meteorological information of; (C) the competent meteorological collection is not in accordance with the provisions of the relevant meteorological information; (d) the transfer or provide meteorological information and its processed products to third parties.

    22nd article in the foreign-related meteorological exploration and data management activities in violation of the People's Republic of China national security law and the People's Republic of China Law on guarding State secrets, security and confidentiality according to law by the State constitutes a crime, criminal responsibility shall be investigated according to law.
    23rd meteorological departments staff in foreign-related meteorological exploration and dereliction of duty, abuse of data management, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    National staff in the management of foreign-related meteorological exploration and information intentionally or negligently leaked State secrets of meteorological data, in accordance with the relevant provisions of laws and regulations of the State constitutes a crime, criminal responsibility shall be investigated according to law. Fifth chapter schedule 24th article this approach in the following terms of meaning is: (a) meteorological detection, is refers to using technology means on atmosphere and near formation of atmosphere physical process, and phenomenon and chemical nature, for of system observation and measurement, including on earth climate system, and atmosphere circle, and hydrosphere, and ice circle, and biosphere, and lithosphere, more circle layer of physical, and chemical, and biological features and changes process and mutual role carried out long-term, and continuous and system of observation and determination; (ii) meteorological detection station (points),
    Refers to the foreign-related meteorological activities in gathering or measuring meteorological elements in temporary or fixed equipment and space.
    25th the Chinese Government and foreign Governments and international organizations involved in the cooperation projects between meteorological activities, in accordance with the relevant provisions of the State.
                                                                      26th article this way come into force on January 1, 2007.

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