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Article 1. The present Regulation has been enacted for the purpose of strengthening the control over the export of guided missiles and related items and technologies and safeguarding the security of the state as well as the social public good. Article 2. The term "export of guided missiles and related items and technologies" mentioned in the present Regulation refers to the export of the guided missiles and related equipment, materials, and technologies mentioned in the List of Related Items Subject to Export Control (hereafter "the List of Export Control") as well as technological transfer by means of foreign donations, exhibitions, scientific and technological cooperation, aid, services and by other means. Article 3. The state exerts rigid control over the export of guided missiles and related items and technologies so as to prevent the proliferation of guided missiles and other carrier systems mentioned in the List of Export Control that can be employed to carry large-scale killing weapons. Article 4. The license administration system shall be practiced by the state concerning the export of guided missiles and related items and technologies. No entity or individual may, without approval, export any guided missile or related items or technology. Article 5. The items and technologies mentioned in Part II of the List of Export Control shall be handled according to the Regulation of the People's Republic of China on Controlling the Export of Military Articles and other relevant provisions. The items and technologies mentioned in Part II of the List of Export Control (hereafter referred to missile-related items and technologies) shall be subject to going through the formalities of examination and approval provided in Articles 7 through 13 of the present Regulation. However, the export of missile-related items and technologies for military purposes shall be handled according to the preceding paragraph. Article 6. The accepting party to the export of missile-related items and technologies shall promise not to employ the missile-related items and technologies provided by China to any purposes other than the declared ultimate purposes, not to transfer any of the missile-related items and technologies provided by China to any third parties other than the declared end-users unless it has obtained the approval of the Chinese government. Article 7. Any business operator that is engaged in the export of missile-related items and technologies shall be subject to registration at the administrative department of foreign trade and economic cooperation under the State Council. Without registration, no entity or individual may be engaged in the export of missile-related items and technologies. The specific measures for registration shall be formulated by the administrative department of foreign trade and economic cooperation of the State Council. Article 8. To export missile-related items and technologies, one shall file an application to the administrative department of foreign trade and economic cooperation of the State Council, fill in a Form of Application for Exporting Missile-Related Items and Technologies (hereafter "Application Form") and submit the documents mentioned below: (1) Certificates of the identity of the legal representative, major management personnel and dealers of the applicant; (2) An reproduction of the contracts or agreements; (3) Technical specifications of missile-related items and technologies; (4) Certification of end-users and certification of ultimate purposes of use; (5) A promise provided in Article 6 of the present Regulation; and (6) Other documents required by the administrative department of foreign trade and economic cooperation of the State Council. Article 9. The applicant shall fill in the Application Form true to the fact. The Application Forms shall be uniformly formulated and printed by the administrative department of foreign trade and economic cooperation of the State Council. Article 10. The administrative department of foreign trade and economic cooperation of the State Council shall make examinations on the same day when it receives the Application Forms as well as the documents provided in Article 8 of the present Regulation or make examinations in collaboration with the relevant departments of the State Council and the relevant departments of the Central Military Committee and decide within 45 workdays whether to approve or not to approve. Article 11. If the export of missile-related items and technologies has great impact upon the security of the state or the social public good, the administrative department of foreign trade and economic cooperation shall, in collaboration with relevant departments, report to the State Council and the Central Military Committee for approval. Where the export of missile-related items and technologies is subject to the approval of the State Council and the Central Military Committee, it shall not be subject to the restrictions time limits provided in Article 10 of the present Regulation. Article 12. Where approval is granted to the application for exporting missile-related items and technologies, the administrative department of foreign trade and economic cooperation of the State Council shall issue a license for the export of missile-related items and technologies (hereafter "export license") and inform the customs offices. Article 13. Where the holder of an export license changes the export of the missile-related items and technologies for which he has applied, he shall return the export license, and file applications anew to obtain a new export license according to the relevant provisions of the present Regulation. Article 14. When exporting missile-related items and technologies, the exporter shall present to the customs offices its export license, handle relevant formalities according to the relevant provisions of the Customs Law and accept the supervision of the customs offices. Article 15. Where the accepting party breaks its promise that it has made according to Article 6 of the present Regulation or there arises the danger proliferation of the missiles and other carrier systems that can be employed to carry large-scale killing weapons listed in the List of Export Control, the administrative department of the State Council shall suspend or cancel the export licenses that it has issued, and inform the customs offices in written form. Article 16. Where the exporter knows of should have known t hat the missile-related items and technologies to be exported will be directly used by the accepting party to the development programs of missiles and other carrier systems that can be employed to carry the large-scale killing weapons mentioned in the List of Export Control, the present Regulation shall be applicable even if the item or technology is not mentioned in the List of Export Control. Article 17. The administrative department of foreign trade and economic cooperation may, upon the approval of the State Council and the Central Military Committee, temporarily decide in collaboration with relevant departments to exert control according to the present Regulation over the export of the specific items and technologies that are not mentioned in the List of Export Control. Article 18. Any one who exports missile-related items and technologies without approval or exports missile-related items and technologies by going beyond the limit of the license shall be subject to assuming criminal liabilities according to the provisions of the Criminal Law concerning the crimes of smuggling, illegal business operation, divulging state secrets or other relevant crimes. If the export is not serious enough for assuming criminal liabilities, the exporter shall be punished according to the relevant provisions of the Customs Law by taking the specific situations into consideration, or be given a warning by the administrative department of foreign trade and economic cooperation of the State Council with its illegal gains be confiscated and be imposed upon a fine of not less than 1 time but not more than 5 times the amount of the illegal gains. The administrative department of foreign trade and economic cooperation of the State Council may also suspend or even cancel the license for foreign trade of the exporter. Article 19. Any one who forges, alters or trades licenses for the export of missile-related items and technologies shall be subject to assuming criminal liabilities according to the provisions of the Criminal Law concerning the crime of illegal business operation or the crime of forging, altering or trading the official documents of the state organs, certificates or seals. If the act is not serious enough for assuming criminal liabilities, the offender shall be punished according to the relevant provisions of the Customs Law. The administrative department of foreign trade and economic cooperation of the State Council may also cancel the license of foreign trade of the offender. Article 20. If any one obtains its license for exporting missile-related items and technologies by fraudulent or other unfair means, the license thereof shall be taken back by the administrative department of foreign trade and economic cooperation of the State Council with the illegal gains thereof be confiscated. It shall also be fined an amount that is smaller than the illegal gains and the license of export thereof may be suspended or even canceled. Article 21. Where any one violates the provisions of Article 7 of the present Regulation by exporting missile-related items and technologies without registration shall, the illegal activities shall be clamped down by the administrative department of foreign trade and economic cooperation of the State Council and the offender may be punished by the relevant administrative departments of the state according to relevant laws and administrative regulations. Article 22. Where any employees of the state organs that exert control over the export of missile-related items and technologies abuses his power or neglects his duties or exacts or accepts the property of other people by taking advantage of his position, he shall be subject to assuming criminal liabilities according to the provisions of the Criminal Law concerning the crimes of abusing power, neglecting duties, accepting bribes or other crimes. If the illegal act is not serious enough for assuming criminal liabilities, the offender shall be given an administrative punishment according to law. Article 23. The administrative department of foreign trade and economic cooperation of the State Council may, in collaboration with relevant departments, readjust the List of Export Control according to the practical situations, which shall be implemented after approval of the State Council and the Central Military Committee has been obtained. Article 24. The present Regulation shall take effect as of the day of promulgation. |
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