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Article 1. The present Measures have been formulated for the purpose of strengthening the control over the export of relevant chemical products and affiliated equipments and technologies and safeguarding the security of the state and the social public good. Article 2. The term "export of relevant chemical products and affiliated equipments and technologies" mentioned in the present Measures refers to the trade-based export of any of the items and technologies mentioned in the List of Relevant Chemical Products and Affiliated Equipments and Technologies Subject to Export Control (hereafter "List of Export Control") and the technical transfer of any of them conducted by way of foreign donations, exhibitions, scientific and technological cooperation, aid, services and by other means. Article 3. The provisions of relevant laws, administrative regulations and the present Measures shall be complied in the export of relevant chemical products and affiliated equipments and technologies, and neither the security of the state nor the social public good may be impaired. Article 4. The state practices rigid administration over the export of relevant chemical products and affiliated equipments and technologies so as to prevent any of the items and technologies mentioned in the List of Export Control from being used for the purpose of chemical weapons. Article 5. The state practices the system of license to the export of the items and technologies mentioned in the List of Export Control. No entity or individual may, without approval, export any of the items and technologies mentioned in the List of Export Control. Article 6. The recipient of the relevant chemical products and affiliated equipments and technologies shall promise that it will use any of the chemical products and affiliated equipments and technologies supplied by China to store, process, produce or handle chemical weapons or to produce precursor chemical products of chemical weapons. It may not, unless obtaining the approval of the Chinese government, use any of the relevant chemical products and affiliated equipments and technologies supplied by China for any purpose other than the ultimate purposes it has declared or transfer it to any third party other than the end users. Article 7. All business operators engaged in the export of relevant chemical products and affiliated equipments and technologies shall be registered with the Ministry of Foreign Trade and Economic Cooperation (hereafter "MOFTEC"). No entity or individual may, without being registered, engage in the export of relevant chemical products and affiliated equipments and technologies. The specific measures for registration shall be formulated by the MOFTEC. Article 8. To export any of the items and technologies mentioned in the List of Export Control, one shall file an application to the MOFTEC, fill in an Application Form for the Export of Relevant Chemical Products and Affiliated Equipments and Technologies (hereafter "Application Form for Export"), and submit the following documents: (1) Qualification certificates of the export business operators to engage in the export of relevant chemical products and affiliated equipments and technologies; (2) Identity Certificates of the legal representative, major management personnel and dealers of the export business operator; (3) Copies of the contracts or agreements concerned; (4) Technical specifications of the relevant chemical products and affiliated equipments and technologies; (5) Certificates about end users and ultimate purpose of use; (6) Documents of guarantee submitted by the recipient according to Article 6 of the present Measures; and (7) Other documents required by the MOFTEC. Article 9. All export business operators shall fill in the Application Form for Export true to the fact. All Application Forms for Export shall be uniformly printed by the MOFTEC. Article 10. The MOFTEC shall, as of the day when it receives the Application Forms for Export and the documents submitted according to Article 8, examine the said documents by itself or in collaboration with the relevant departments under the State Council, and decide whether to approve or not to approve within 45 workdays. Article 11. For the export of any of the relevant chemical products and affiliated equipments and technologies that will have an important impact upon the security of the state, social public good or foreign policy, the MOFTEC shall report, in collaboration with other relevant departments, to the State Council for approval. The reports submitted to the State Council for approval are not subject to the limitation of the time limit as prescribed in Article 10 of the present Measures. Article 12. If an application for exporting any of the relevant chemical products and affiliated equipments and technologies has been approved upon examination, the MOFTEC shall issue a permit for the export of relevant chemical products and affiliated equipments and technologies (hereafter "export permit") and inform the customs offices in written form. Article 13. Where the holder of export permit alters any of the relevant chemical products and affiliated equipments and technologies that it had applied for export, it shall return the original export permit, and apply for an export permit anew according the relevant provisions of the present Measures. Article 14. When exporting any of the relevant chemical products and affiliated equipments and technologies, the export business operator shall show its export permit to the customs offices and go through customs procedures according to the rules of the customs offices. Article 15. In case the recipient violates its promise made according to Article 6 of the present Measures or the risk of diffusion of any relevant chemical products and affiliated equipments and technologies mentioned in the List of Export Control and may be used for the purpose of chemical weapons, the MOFTEC shall suspend or cancel the export permits it has issued, and inform the customs offices in written form. Article 16. If the business operator knows or should have known that the exported relevant chemical products and affiliated equipments and technologies will be used by the recipient directly for the purpose of chemical weapons or for producing precursor chemical products of chemical weapons, it shall not export the item or technology concerned no matter it is mentioned in the List of Export Control or not. Article 17. The MOFTEC may, upon the approval of the State Council, provisionally decide in collaboration with other relevant departments of the State Council to exercise control over the export of any particular items and technologies that are not included in the List of Export Control according to the present Measures. The export of particular items and technologies mentioned in the preceding paragraph shall be subject to approval granted according to the provisions of the present Measures. Article 18. Any one who unlawfully exports any of the relevant chemical products and affiliated equipments and technologies without approval or unlawfully exports any of the relevant chemical products and affiliated equipments and technologies by going beyond the scope of approval shall be subject to criminal liabilities according to the relevant provisions of the Criminal Law concerning the crimes of smuggling, illegal business operations, divulging the secrets of the state and other crimes. If the acts are not serious enough for criminal punishment, the offender shall, according to the actual situations, be punished according to the relevant provisions of the Customs Law or be given a warning by the MOFTEC or be fined not less than 1 time but not more than 5 times the illegal gains, and the foreign trade permit may be canceled by the MOFTEC concurrently. Article 19. Any one who obtains approval certificates for the export of relevant chemical products and affiliated equipments and technologies by unlawful means including forging, altering, trading or cheating shall be subject to criminal liabilities according to the provisions of the Criminal Law concerning the crime of illegal business operations or the crime of forging, altering or trading official documents of the state organs, certificates or seals. If the acts are not serious enough for criminal punishment, the offender shall be punished according to the relevant provisions of the Customs Law, and the foreign trade permit may be canceled by the MOFTEC concurrently. Article 20. Any of the functionaries of the state organs exercising control over the export of relevant chemical products and affiliated equipments and technologies who abuses his power or neglects his duties or takes the property of or exerts property from other people by taking advantage of his position shall be subject to criminal liabilities according to the provisions of the Criminal Law concerning the crimes of abusing power, neglecting duties, taking bribes or other relevant crimes. If the acts are not serious enough for criminal punishment, the offender shall be given an administrative punishment. Article 21. The MOFTEC may, in collaboration with other departments of the State Council, make readjustments to the List of Export Control according to the demand of practical situations. Article 22. The present Measures shall come into force as of November 19, 2002. Attachment: List of Relevant Chemical Products and Affiliated Equipments and Technologies Subject to Export Control ATTACHMENT: LIST OF RELEVANT CHEMICAL PRODUCTS AND AFFILIATED EQUIPMENTS AND TECHNOLOGIES SUBJECT TO EXPORT CONTROL Part I Chemical Products Name of the Chemical Product (CAS Registration Number) a. fluorine hydride (7664-39-3) b. potassium fluoride (7789-23-3) c. sodium fluoride (7681-49-4) d. sodium sulfide (1313-82-2) e. potassium hydrogen fluoride (7789-29-9) f. sodium hydrogen fluoride (1333-83-1) g. ammonium acid fluoride (1341-49-7) h. Ethyl Dilso Propyl Amine (EDIPA)£¨108-18-9£© i. diethylminoethanol (100-37-8) j. chloroethyl alcohol (107-07-3) Part II Production Equipments and Technologies Affiliated to Relevant Chemical Products I. Production Equipments Remarks 1. The equipments designed specifically for civil purposes (e.g., purifying water, processing foods, making paper pulps and paper) are not subject to export approval if they are designed not to be suitable for storing, processing, producing and handling the chemical products subject to export control by the state or for controlling the circulation thereof. 2. If any export item includes one or more parts that are subject to export control and the parts subject to control are the major parts of the export item and may be disassembled or used for other purposes, then the export of the item shall be subject to export approval. 3. The export of any whole set production equipments, techniques or technologies that may be used for the purpose of chemical products under the export control of the state shall be subject to export approval. a. multi-layer airproof valves with leak hunting holes, corrugated pipe airproof valves, one-way valves, if all the surface which is directly osculant to the chemical product is made of any of the following materials: (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight). b. Pumps Multi-layer airproof pumps, screened pumps, magnetic pumps, corrugated or diaphragm pumps whose maximum flow designed by the manufacturer is 0.6m3/h or more, or vacuum pumps whose maximum flow designed by the manufacturer is 5m3/h or more (when the temperature is 0 ¡æ and the barometric pressure is 101.30Kpa, if all the surface which is directly osculant to the chemical product is made of any of the following materials: (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight); (8) ferrosilicon iron; (9) porcelain; (10) graphite. c. storage tanks, containers or sumps The storage tanks, containers or sumps whose total volume is 0.1 cubic meters (100 liters) or more, if all the surface which is osculant directly to the chemical products processed or contained is made of any of the following materials: (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight); d. Multi-wall pipes The multi-wall pipes with leak hunting holes, if all the surface that is osculant directly to the chemical product is made of any of the following materials: (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight); (8) ferrosilicon iron. e. Distillation towers or absorption towers The distillation towers or absorption towers whose inside diameter is 0.1 meters or more, if all the surface that is osculant to the chemical products processed is made of any of the following materials: (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight); (8) ferrosilicon iron. f. Heat exchangers or condensers The heater exchangers or condensers whose area for heat exchange is larger than 0.15 square meters or smaller than 20 square meters, if all the surface that is osculant to the chemical products processed or contained is made of any of the following materials: (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight); (8) ferrosilicon iron; (9) titanium carbide; (10) carborundum. g. Reaction pots and reactors Any reaction pot or reactor whose total volume is more than 0.1 cubic meters (100 liters) but smaller than 20 cubic meters (2,000 liters) no matter it is accompanied with a stirrer, if all the surface that is directly osculant to the chemical products processed or contained is made of any of the following materials: (1) (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight); If all the surface of the stirrer used in the above-said reaction pot or reactor that is directly osculant to the chemical products processed or contained is made of any of the following materials: (1) glass or glass lining (including ceramic or glaze coatings); (2) fluorine-containing polymers; (3) titanium or titanium alloy; (4) zirconium or zirconium alloy; (5) tantalum or tantalum alloy; (6) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (7) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight). h. Incinerators The incinerators designed specifically for the purpose of destroying the chemical products or chemical ammunitions which are subject to the export control of the state, if the average temperature of its specially designed waste transmission system, special loading and unloading facilities, and firebox being more than 1,000 ¡æ, and if all the surface of the waste transmission system that is directly osculant to the wastes is made of any of the following materials: (1) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (2) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight); (3) porcelain. i. Feeding equipments The remote operated feeding equipments, if all the surface thereof which is osculant to the chemical products processed is made of any of the following materials: (1) any alloy whose content of nickel is 25% or more (in terms of the proportion of weight) and whose content of chromium is 20% or more (in terms of the proportion of weight); (2) nickel alloy or any alloy whose content of nickel is 40% or more (in terms of the proportion of weight). II. Special detectors and miasma monitor systems 1. Designed for continuous operations and may be used for the purpose of detecting the chemical products and organic compounds (containing phosphor, sulfur, fluoride or chlorine with the consistence thereof being lower than 0.3mg/m3) subject to the export control of the state. 2. Designed for detecting the activity of the repressive choline esterase. III. Technologies Remarks 1. The term "technological transfer" refers to the transfer of any of the technologies directly relating to chemical weapons or the chemical products and affiliated equipments subject to the export control of the state, including permits. 2. The control of technological transfer shall not be applicable to the information within the public area or the research of basic sciences. 3. Once the export of any production equipment is approved, the minimum limit for the export of the relevant technologies used for the installation, operation, maintenance and repair of equipments to a same end user is determined. Definitions: "Technology" refers to the special information needed for "developing", "producing" or "using" any of the items subject to the export control of the state. It may exist in the form of "technological materials" or "technological aid". "Research of basic sciences" refers to the experiment or theoretical work done for the purpose of acquiring the basic theoretical knowledge about phenomena or observable facts, and the major purpose of which is not for particular practicality. "Within the public area" refers to the area in which a technology is not restricted in further promotion, instead, it could be freely acquired (including the technologies which are only subject to the limitation of copyright). "Development" refers to all the stages prior to "production", such as: a. design; b. design study; c. design data; d. plan study; e. structural design; f. overall design; g. design analysis; h. turn design materials into technical materials of products; i. trial manufacture and experiment of sample machines; j. plan of trial production; k. drawing design papers. "Production" refers to all the production stages, such as: a. building; b. technical design; c. processing and manufacturing; d. assembling (installation); e. assembly; f. inspection; g. experiment; h. quality guaranty. "Use" refers to: a. installation (including on-spot installation); b. operation; c. maintenance; d. general repair; e. major repair; f. overhaul. "Technological materials" include to the following forms: a. programs; b. plans; c. tables; d. mathematical models; e. calculation formulas; f. project designs and technical standards; g. brochures and written introductions; h. introduction recorded in other media (storage media such as disks, tapes, read-only or read and write memorizers. "Technological aid" refers to: a. technological guidance; b. sending skilled workers; c. training; d. imparting directions; e. consultation services. Note: "Technological aid" may include the transfer of "technological materials. |
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