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Interim Measures For The Administration Of Permits For Civil Space Launch Projects

Original Language Title: 民用航天发射项目许可证管理暂行办法

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(Released November 21, 2002 Commission on Science, technology and industry for national defense, 12th) Chapter I General provisions article in order to standardize management for civil space launch projects, and promote the healthy development of civil aerospace industry, safeguarding national security and public interests, and to fulfil our obligations as a party to the International Convention on outer space, these measures are formulated.     Article for civil space launch projects are mentioned in these measures refers to non-military purposes, satellites and other spacecraft into outer space in China, as well as the People's Republic of China property rights of natural persons, legal persons or other organizations that already have or by in-orbit delivery-owned satellites and other spacecraft into outer space outside China. Permits for civil space launch projects article management system.     Engaged in civilian space launch projects of natural persons, legal persons or other organizations in accordance with the provisions of these measures shall be applied for the examination and approval of permits for civil space launch projects approved after examination made (hereinafter permit), may engage in civil space launch projects.     Fourth National Defense Science, technology and Industry Committee (hereinafter referred to as the Commission) to carry out unified planning and management for civil space launch projects, responsible for reviewing, approving and supervising civil space launch projects (hereinafter referred to as project). Chapter II application and approval processes article fifth general contractor of the project is the applicant for the permit.     If there is no domestic general contractor of the project, satellite spacecraft such as the ultimate owner of property rights is the applicant for the permit.     License applicants should has following conditions: (a) comply with national legal, and regulations, conservative national secret; (ii) application of project not against national security, not damage national interests, not violation national of diplomatic policy and has signed and occurred effectiveness of international; (three) application of project not for major fault or deliberately behavior on public of health, and security and property constitute cannot compensation of against; (four) has national about sector issued of engaged in by application project of related license file;     (E) have engaged in the application of technology, the economic strength and sound technical information, (vi) other conditions stipulated by laws, rules and regulations.     Article the applicant shall project scheduled to launch months 9 months ago, and to submit to the Commission the following documents (in triplicate): (a) the applications for licenses and permits for civil space launch projects eligibility review materials.     (B) that the project conforms to national laws and regulations on environmental protection related material.     (C) domestic implementation of launch site work phase of the project, providing project scheduled launch time, satellites, launch vehicles, launch and control communication system between the technical requirements, details of launch vehicle orbital parameters and the recovery of area or field of investigation reports, satellite orbital parameters, usage of frequency resources file in detail.     Perform site work phase of the projects abroad, launch vehicles, satellite orbital parameters are required, copy of the file have the force of law, as well as the use of the frequency resource copy of the license file.     China's satellite launches should provide space stations issued by the Ministry of information industry of the People's Republic of China copy of radio station license.     (Four) and the project related of security design report and the guarantees public security of material, key security system of reliability, and rocket launches process in the normal and the fault State on launch site near and the launches track range within of property and the personal security constitute of effect, and how avoid pollution and space debris problem and other about security of added material; foreign project, also must submitted policy sex assessment and confidential security assessment material. Article seventh Commission within the 30th from the date of receipt of the application materials, project organization on the application for review.     Review of eligible projects, licensing; not qualified to review the project, not to issue a permit and notify the applicant in writing and related departments.     Article dispute on the conclusions of the review of the applicant, may apply to the Commission for review or apply for administrative review.     Nineth foreign-related projects must be relevant to foreign trade companies designated by the Chinese Government organizations, foreign project contracts must be approved by the Commission can only take effect.     Chapter III supervision and management article tenth licenses include the following: (a) and the legal representative of the applicant, (ii) the registered address (residential address of the applicant); (c) the project content; (d) the scheduled launch time; (e) the licence; (f) the issuing authority and issuing time.     11th a license is limited to the approval of projects, after the end of the project, license expire automatically.     12th license may not be altered, transferred.     13th licensing content needs change, the permit holder shall be 90 days prior to expiry of the licence, submit change requests to the Commission, upon approval by the review, parties may change the license.     Article 14th project to be canceled, the permit holder shall be 90 days prior to expiry of the licence, submit cancellation request to the Commission, upon approval by the review and cancellation of licenses.     15th due to poor management of the permit holder unable to complete projects by the Commission cancelled the project license.     16th article license holds people has following case one of of, Commission ordered its deadline corrected; plot serious of, revoked its license: (a) in project implementation during violation national about legal, and regulations and national between of confidential agreement; (ii) in project implementation during has against national security, damage national interests, violation national of diplomatic policy and has signed and occurred effectiveness of international of behavior; (three) not by license approved of range engaged in civilian space launches activities; (four) other violation this approach of behavior.     17th revoked license project, two years from the date of revocation, the project applicant shall not apply for licenses again on the same item.     Article 18th caused by the permit holder item changed, postponed or cancelled, and led to the related costs incurred, its responsibilities and should bear the costs, clear from the license holder and the parties concerned in a contract.     19th license holders must comply with the relevant provisions of the State purchase the launch space objects of third-party liability insurance and other insurance.     20th in the domestic implementation of launch site work phase of the project, license holders in the 6 months before the scheduled launch month, to the National Defense Committee reported to the project launch.     Before entering the work phase of the launch site, the permit holder shall apply to the National Defense Committee reported to the factory, and submit the following materials: (a) the State file, launch vehicle technology quality control documents, flight test program, the security, confidentiality and other documents issued. (B) third-party liability insurance policy in effect the project has copies and copies of the relevant documents in triplicate, and in force insurance policy copy in triplicate.     Exceptional circumstances shall be submitted to the Commission written material, based on the specific circumstances.     After approval, the project may enter the work phase of the launch site. Article 21st perform site work phase of the project in a foreign country, the permit holder shall be 60 days before the scheduled launch date, apply to the National Defense Committee reported to the factory, and have valid third-party liability insurance, insurance, security, confidentiality, has the force of law in respect of the final copy of the file in triplicate.     After approval, to continue the implementation of the project.     22nd permit holder must be launched within one month of the end of the project the Commission written report the project completion.     23rd Commission does not regularly supervise and inspect the implementation of the approved projects, authorized by public servants have the right to check for project-related activities on the site.     Fourth chapter legal liability article 24th of license holders in reporting and implementation process for hiding the truth and deception, which jeopardize national interests, shall be given administrative punishments constitute a crime, criminal liability shall be investigated for their.     25th without a license without authorization in project of natural persons, legal persons or other organizations, by the National Defense Committee ordered to stop the illegal activity, and the parties concerned shall be given administrative punishments constitute a crime, criminal liability shall be investigated for their.     26th article of the review body and its staff in the licensing process of neglect, abuse, causes losses to the State, shall be given administrative sanctions constitutes a crime, criminal liability shall be investigated for their.     Fifth chapter supplementary articles article 27th explain these measures by the Commission.     28th article this way come into force on December 21, 2002.     Attachment: application for permits for civil space launch projects: a guidance note 1 in the table, the term "legal representative" refers to the applicant's legal representative.     2 in the table, the term "higher authorities" means the applicant has administrative functions of ministries or holding of State-owned large enterprise groups or provincial, autonomous region, municipality directly under the National Defense Committee (Office) the applicant is a natural person, by the provinces, autonomous regions and municipalities directly under the National Defense Committee (Office) certificate and comments.     3, project-related content in the table fill down, a separate sheet of paper.  4, fill out an application with a dark ink, writing clear, accurate expression, a set of three copies.