Administrative Measures For The Purchase And Transport Of Precursor Chemicals

Original Language Title: 易制毒化学品购销和运输管理办法

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(August 22, 2006, the Ministry of public security promulgated as of October 1, 2006, 87th) Chapter I General provisions article to strengthen the administration of precursor chemicals, standardizing purchase and sale and transport of precursor chemicals to prevent precursor chemicals used to manufacture drugs, maintaining economic and social order, according to the regulations on administration of precursor chemicals, and these measures are formulated.
    Precursor chemicals in the second Ministry of public security is the national marketing, transport management and supervision and inspection departments.
    Local people's Governments at or above the county level in the public security organs shall be responsible for the area of precursor chemicals purchase and sale, transportation management and supervision and inspection work.
    All provinces, autonomous regions and municipalities and municipal police anti-drug agency of the Government of the district administration of precursor chemicals should be established specialized agencies, County public security organs shall have specialized staff, charge of precursor chemicals purchase, transportation licensing and record-keeping, supervision and inspection work. Chapter II administration of purchases and sales a third purchase in the first class of non-pharmaceutical precursor chemicals should be to purchase permits from the provincial public security authorities at their place; purchase of precursor chemicals in category II and category III shall be to the local people's Governments at the county level public security organ for the record.
    After obtaining the purchased license or purchase record to prove before they can purchase of precursor chemicals.
    Fourth individual may purchase first class of precursor chemicals and precursor chemicals in second class.
    Prohibition of the use of cash or in-kind trade of precursor chemicals, but individuals legal purchases of first drug class drug precursor chemicals in preparation and third-class except for precursor chemicals.
    Fifth article application purchase first class in the of non-drug class easy business HIV chemicals and second class, and third class easy business HIV chemicals of, should submitted following application material: (a) business enterprise of license (copy and copies), other organization of registration certificate or established approved file (original and copies), or personal of ID Ming (original and copies); (ii) legal using need proved (original).
    Lawful use certificate issued by the purchase of units or individuals, indicating the intend to buy the variety, quantity and use of precursor chemicals, and sealed by the purchase or personal signature. Article sixth of applicants for the first non-drug precursor chemicals, seat of the provincial public security authority by the applicant. Is responsible for the approval of the public security organ shall, from the date of receipt of the application in the 10th, to review the application materials submitted by the applicant.
    In conformity with the provisions and to purchase a license; no permission, and shall state the reasons in writing.
    Is responsible for the approval of the public security organs on the purchase of a license application can be dealt with on the spot, it should be handled on the spot; materials not available to add, should inform the applicant of additional contents; inadmissible to the material does not meet the requirements, shall state the reasons in writing. Seventh public security organ precursor chemicals purchase permits to apply for review first class materials, as needed, can be carried out on-site verification.
    In case of any of the following circumstances, field verification should be carried out: (a) the first-time purchase, (ii) the application does not meet the requirements provided by the purchase, (c) have a question about buying units of application materials. The eighth purchase of precursor chemicals in category II and category III, should you need to purchase before buying the variety, quantity, to the local people's Governments at the county level public security organ for the record.
    After accepting the filing of public security organs, shall, on proof of purchase records.
    Use one-time purchase of five kg 50 kg of potassium permanganate and years without record.
    The Nineth precursor chemicals purchase permits valid for a single use, valid for a month. Purchase of precursor chemicals registration certificate valid for a single use, valid for a month.
    Within one year of filing unit with no irregularities can be used multiple times to valid proof of registration, valid for six months.
    For individuals to buy, once use only valid proof of filing. Tenth business unit sales for the first class of precursor chemicals, shall examine the purchased licenses and agent identification.
    To delegate purchase and also examine principal instruments held by the purchaser.
    Instrument of proxy shall set forth the principal and the principal parties, delegate matters such as variety and quantity purchased.
    Business units in the identification is correct, retiring after the copies of the documents provided for in the preceding two paragraphs, shall be sold the first such precursor chemicals and found suspicious circumstances, it should be immediately reported to the local public security authorities. Business units in the identification provided by the buyer when a license and proof of identity, not sure about its authenticity, call your local public security organs to assist verification.
    The public security organ shall be verified on the spot, which cannot be verified on the spot, shall inform the management unit will result in 3rd. 11th business unit shall establish the sale of precursor chemicals account, record type, quantity, date of sale, purchase, and so on.
    Business unit sales of precursor chemicals, buy permits should also be retained or purchased for the record, as well as purchasing agent copies of proof of identity.
    Sales account and copies of documents shall be retained for two years for future reference.
    12th business units should be first class sales of precursor chemicals from the date of sale within the 5th report to the local people's Governments at the county level public security organ for the record, the second class, third class, sale of precursor chemicals on the 30th, report to the local people's Governments at the county level public security organ for the record.
    Record sales should include sales units, addresses, sales types and quantity of precursor chemicals, and simultaneous submission to retain copies of proof of purchase materials.
    Article 13th units of such precursor chemicals shall establish the use of account record purchase of precursor chemicals in type, quantity, usage and inventory, and saved two years for reference.
    14th purchase, sale and use of precursor chemicals, should be out of precursor chemicals registration, precursor chemicals management division of responsibility in China as well as the precursor chemicals-related training, establish an internal management system. 15th chapter III transport management transport of precursor chemicals, any of the following circumstances shall apply for transportation permits or documents: (a) straddling areas of the municipal administrative areas (municipalities across the city limits) transport, (ii) in a tough anti-drug cross-County transportation in key areas.
    Drug situation in key areas identified by the Ministry of public security and adjust further announcement list.
    Transportation of such precursor chemicals should be shipped out of district transportation permits from the municipal people's Government of the public security organs.
    Transport of precursor chemicals in second class and should be shipped to the County transportation permits from the police.
    Transport of precursor chemicals in third should be shipped to the county public security organ for the record.
    16th transport for use in teaching and research of 100 grams of ephedrine samples and small packages for formulation of medical institutions to use ephedrine and narcotic drugs in medical institutions or enterprises to buy 60,000 tablets of ephedrine tablets, injections below 15,000, owner or holder of the carrier purchased lawfully obtained permits or redeployment of one narcotic, they do not apply for shipment authorization of precursor chemicals.
    17th due to treatment of diseases, the patient, close relatives or patients with the persons entrusted with the medical certificate issued by a medical diagnosis and my identity, can carry the first drug in the class type of pharmaceutical preparation of precursor chemicals, but shall not exceed the maximum dose of a medical prescription.
    18th transport of precursor chemicals should be applied for by the owner to the public security organ transport license or record.
    Application easy business HIV chemicals transport license or for record, should submitted following material: (a) business enterprise of license (copy and copies), other organization of registration certificate or established approved file (original and copies), personal of ID Ming (original and copies); (ii) easy business HIV chemicals purchase and sale contract (copies); (three) handling people of ID Ming (original and copies). 19th is responsible for the approval of the public security organs shall receive the first such precursor chemicals within 10th of transportation license application, received the second precursor chemicals within 3rd day of transportation license application, review the application materials submitted by the applicant.
    In conformity with the provisions issued to transport permit; no permission, and shall state the reasons in writing.
    Is responsible for the approval of the public security organ for the transport permit application can be dealt with on the spot, it should be handled on the spot; materials not available to add, should inform the applicant of additional contents; inadmissible to the material does not meet the requirements, shall state the reasons in writing. Transport of precursor chemicals in third class shall, prior to shipping out of the county public security organ for the record.
    The public security organs shall be issued a registration certificate on the day of receipt of the record material.
    20th is responsible for the approval of the public security organ to the application submitted by the applicant, shall verify the authenticity and validity of which identification of the purchase and sale contract, may require the applicant to produce to buy license or registration certificate, check the compatibility of licence and a registration certificate (or setting up approval document), shall verify its production range, scope, scope of application, license validity period, and so on. Public security organs of precursor chemicals in category materials transportation license application, depending on your needs, can be carried out on-site verification.
    In case of any of the following circumstances, field verification should be carried out: (a) first applied for by the applicant, (ii) the application does not meet the requirements provided and (iii) to provide application materials in doubt.
    Article 21st licensed transportation of such precursor chemicals, to a valid transportation permit, valid for a month.
    On license transport second class easy business HIV chemicals of, to three months times using effective of transport license; on third class easy business HIV chemicals transport record of, to three months times using effective of record proved; for received transport license or transport record proved Hou six months within according to provides transport and guarantee transport security of, can to validity 12 months of transport license or transport record proved.
    22nd carrier being engaged by an owner to transport, transport of documents, should be the identification of the owner to provide transport license or registration certificate, and verify the shipment and transport license or record-keeping certification of precursor chemicals contained in variety, quantity of the compatibility of incompatible, not carriers. Carrier transport permit or for the record of the inspection the owner to provide proof, not sure about its authenticity, call your local security authorities to assist verification.
    The public security organ shall be verified on the spot, which cannot be verified on the spot, shall inform the carrier will result in 3rd. 23rd transport of precursor chemicals, transport vehicles should be posted at the obvious site identification of precursor chemicals belonging to hazardous chemicals should be handled by qualified units of transport transport of dangerous chemicals; should document transport, transport personnel should be full since shipments carrying transport license or registration certificate.
    Units should be sent to escort carriers or take other effective measures to prevent precursor chemicals, loss, theft or robbery.
    Transport of precursor chemicals, should also comply with the national provisions relating to the transport of goods. 24th public security organs during the process of transport of precursor chemicals should be on transport and transport elements contained in the license or registration certificate check, and so on.
    Departments such as the police, law and order, the fight against narcotics, border traffic should be focused on roads and transport of precursor chemicals in areas such as strengthening the border checks. 25th out of precursor chemicals and into the public security organ shall establish reporting systems.
    Out are responsible for approval or for the record of the public security organs shall handle the transport of precursor chemicals by the end of each quarter license or record information into the public security organs at the same level, to peer into the public security organ shall inform after verification of the actual arrival of the goods shipped to the public security organs. Fourth chapter, supervision and inspection of the 26th people's Governments above the county-level public security organs should be strengthened for precursor chemicals purchase and sale and transport of supervision and inspection, the relevant units and individuals shall cooperate actively.
    Discover unlawful acts of purchase and sale and transport, the public security organ shall investigate.
    Public security organs at the time of the supervision and inspection of precursor chemicals, it may check out live, read, and copy the relevant information, recording the situation, seizing evidence related to the materials and items, if necessary, you can temporarily seized the premises.
    Inspected unit or individual shall provide relevant information and materials, and shall not refuse or conceal. 27th public security organs according to law should be the collection, safe custody of seized precursor chemicals. Can be recycled and should be recovered; can't be recycled, in accordance with the provisions of relevant laws and administrative regulations on environmental protection, referred to the qualified units destroyed, preventing pollution and personal injury.
    The collection, seized the first drug in the class category of precursor chemicals, will be destroyed. Storage and destruction costs borne by the illegal entity or individual of precursor chemicals.
    Illegal units or individuals unable to afford, the cost recovery income expenditure or in anti-drug funding would be covered by public security organs. 28th purchase, sale and transport of precursor chemicals units before March 31 in each year should be reported to the county-level public security authorities at their place last year bought, sold and transported.
    Police found suspicious circumstances, it shall be checked and checked and, if necessary, can be carried out on-site verification.
    Conditional purchase, sale and transport units, computer networking with the local police, informed of the situation. Article 29th of precursor chemicals is lost, stolen, robbed, cases should be immediately reported to the local public security authorities.
    Received a report of the public security organ shall promptly filed investigation and report to the public security organs at higher levels. Fifth chapter legal responsibility 30th article violation provides purchase easy business HIV chemicals, has following case one of of, police organ should confiscated illegal purchase of easy business HIV chemicals, on purchase party at illegal purchase easy business HIV chemicals goods value 10 times times above 20 times times following of fine, goods value of 20 times times insufficient 10,000 yuan of, by 10,000 yuan fine; constitute crime of, law held criminal: (a) without license or record unauthorized purchase easy business HIV chemicals of; (ii) using others of or forged, and variable made, and
    Failure of the license or registration certificate to purchase of precursor chemicals.
    31st article violation provides sales easy business HIV chemicals, has following case one of of, police organ should on sales units at 10,000 yuan following fine; has illegal proceeds of, at 30,000 yuan following fine, and on illegal proceeds law be recovered; constitute crime of, law held criminal: (a) to no purchase license or record proved of units or personal sales easy business HIV chemicals of; (ii) beyond purchase license or record proved of varieties, and number sales easy business HIV chemicals of.
    32nd article owner violation provides transport easy business HIV chemicals, has following case one of of, police organ should confiscated illegal transport of easy business HIV chemicals or illegal transport easy business HIV chemicals of equipment, and tool; at illegal transport easy business HIV chemicals goods value 10 times times above 20 times times following fine, goods value of 20 times times insufficient 10,000 yuan of, by 10,000 yuan fine; has illegal proceeds of, confiscated illegal proceeds; constitute crime of, law held criminal: (a) without license or record unauthorized transport easy business HIV chemicals of;
    (B) use others, counterfeit, altered, failure permits the transport of precursor chemicals.
    33rd article carrier violation provides transport easy business HIV chemicals, has following case one of of, police organ should ordered stopped shipped rectification, at 5,000 yuan above 50,000 yuan following fine: (a) and easy business HIV chemicals transport license or record proved contains ming of varieties, and number, and shipped into to, and owner and the consignee, and carrier, situation inconsistent of; (ii) transport license type improper of; (three) transport personnel not full carry transport license or record proved of.
    Precursor chemicals carried by individuals do not meet the requirements of type, quantity, and precursor chemicals in public security organs should be confiscated, fined a maximum of 1000 Yuan and 5,000 yuan.
    Article 34th fake application materials obtaining precursor chemicals purchase, license or registration certificate for transport, the public security organs should be fine at 10,000 yuan, and revoke a license or registration certificate.
    Use of forged material obtaining precursor chemicals purchase, license, filing proofs of purchase, transport of precursor chemicals, in accordance with article 30th and 32nd, respectively the first and punished as such.
    35th on the 30th, 32nd and 34th rule violations committed by units or individuals, made within three years from the date of the decision on administrative penalty, the public security organ may stop accepting its precursor chemicals purchase or transport permit application. 36th article violation easy business HIV chemicals management provides, has following behavior one of of, police organ should give warning, ordered deadline corrected, at 10,000 yuan above 50,000 yuan following fine; on violation provides purchase of easy business HIV chemicals be confiscated; late not corrected of, ordered deadline discontinued closed reorganization; late reorganization not qualified of, revoked corresponding of license: (a) will easy business HIV chemicals purchase or transport license or record proved lent others using of; (ii) beyond license of varieties, and Number purchase easy business HIV chemicals of; (three) sales, and purchase easy business HIV chemicals of units not records or not truthfully records trading situation, and not by provides save trading records or not truthfully, and not timely to police organ record sales situation of; (four) easy business HIV chemicals lost, and was stolen, and was Rob Hou not timely report, caused serious consequences of; (five) except personal legal purchase first class in the of drug class easy business HIV chemicals drug preparations and third class easy business HIV chemicals outside,
    Use cash or in-kind trade of precursor chemicals (vi) precursor chemicals business unit is not truthful or failing to report annual inventory and distribution of precursor chemicals. 37th article business, and purchase, and transport easy business HIV chemicals of units or personal refused to accept police organ supervision check of, police organ should ordered its corrected, on directly is responsible for of competent personnel and other directly responsibility personnel give warning; plot serious of, on units at 10,000 yuan above 50,000 yuan following fine, on directly is responsible for of competent personnel and other directly responsibility personnel at 1000 Yuan above 5,000 yuan following fine; has violation security management behavior of, law give security management punishment; constitute crime of,
    Criminal responsibility shall be investigated according to law.
    Article 38th police management staff in the management of precursor chemicals should be permitted without permission, which permission should not permit, failing to accept the record, 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.
    39th public security organs to implement punishment in this chapter, while other administrative sanctions by the competent authorities, shall inform other administrative authorities.
    Sixth chapter supplementary articles article 40th this referred to the "business unit" refers to the management of precursor chemicals distribution units and distribution of precursor chemicals in production units.
    41st article this way, the term "carriage", by means of road, rail, water and air and other transportation means, using all means of transport such as cars, boats, aircraft, as well as human, animal carrying, handling the various modes of transport, such as precursor chemicals in the cargo space to move.
    42nd precursor chemicals purchase permits and registration certificates, transport license and record evidence, administration of precursor chemicals and special seals shall be designed and produced centrally by the Ministry of public security. 43rd these measures shall come into force on October 1, 2006.

    Ephedrine transport permits Regulation (Ministry of public security, 52nd) repealed simultaneously. Annex: easy business HIV chemicals of classification and varieties directory first class 1, and 1-phenyl -2-acetone 2, and 3,4-Asia methyl II oxygen phenyl -2-acetone 3, and pepper aldehyde 4, and yellow Zhang pigment 5, and yellow Zhang oil 6, and different yellow Zhang pigment 7, and N-acetyl o amino benzene acid 8, and o amino benzoic acid 9, and ergot acid * 10, and ergot amine * 11, and ergot new alkali * 12, and ephedra pigment, and pseudo ephedrine, and elimination spin ephedrine, and to methyl ephedrine, and methyl ephedrine, and ephedra dip cream
    , And ephedra dip cream powder, ephedra pigment class material * second class 1, and benzene acetic acid 2, and acetate anhydride 3, and three chlorine methane 4, and ether 5, and piperazine DL third class 1, and toluene 2, and acetone 3, and methyl b base ketone 4, and potassium permanganate 5, and sulfuric acid 6, and hydrochloride Description: a, and first class, and second class by column material may exists of salts, also into control.
  The second, marked with * as the first drug in the class type of precursor chemicals, the first drug in the class type of precursor chemicals include raw materials and preparations.

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