Decree No. 365 of the State Council of the
People's Republic of
China
Regulations of the
Peoples Republic of China on Export Control of
Dual-Use Biological Agents and Related Equipments and
Technologies are hereby promulgated and shall go into effect
as of December 1, 2002.
Premier: Zhu
Rongji
October 14,
2002
Regulations of the Peoples
Republic of China on Export Control of Dual-Use Biological
Agents and Related Equipment and
Technologies
Article 1 These
Regulations are formulated for the purposes of strengthening
export control of dual-use biological agents and related
equipment and technologies, and safeguarding the State
security and social and public
interests.
Article 2 The export of
dual-use biological agents and related equipment and
technologies referred to in these Regulations means the
export for trade of dual-use biological agents and related
equipment and technologies listed in the Dual-Use
Biological Agents and Related Equipment and Technologies
Export Control List (hereinafter referred to as the
Control List) attached to these Regulations, and the
exchange with, interchange with, gift to, exhibition in,
assistance to, provision of service for as such and other
forms of technological transfer thereof to foreign countries
and regions.
Article 3 The export of dual-use
biological agents and related equipment and technologies
shall be in accordance with relevant laws, administrative
regulations of the State and these Regulations, and shall
not imperil the State security and social and public
interests.
Article 4 The State shall exercise
strict control on the export of dual-use biological agents
and related equipment and technologies so as to prevent
dual-use biological agents and related equipment and
technologies from being used for the purpose of biological
weapons.
Article 5 The State shall practice a
licensing system for the export of dual-use biological
agents and related equipment and technologies in the Control
List. Without being licensed, no unit or individual shall
export such dual-use biological agents and related equipment
and technologies.
Article 6 Exporters of
dual-use biological agents and related equipment and
technologies shall register themselves with the competent
department in charge of foreign economic relations and trade
of the State Council (hereinafter referred to as the
competent foreign economic and trade department of the State
Council). Without such registration, no unit or individual
shall export dual-use biological agents and related
equipment and technologies. The specific measures for such
registration shall be formulated by the competent foreign
economic and trade department of the State
Council.
Article 7 The receiving party of
dual-use biological agents and related equipment and
technologies shall guarantee:
(1) not to use the
imported dual-use biological agents and related equipment
and technologies for the purpose of biological
weapons;
(2) not to use dual-use biological agents and
related equipment and technologies supplied by China for the
purposes other than the declared end-use without the consent
of the Chinese Government; and
(3) not to transfer
dual-use biological agents and related equipment and
technologies to any third party other than the declared
end-user without the consent of the Chinese
Government.
Article 8 Anyone who intends to
export dual-use biological agents and related equipment and
technologies listed in the Control List shall apply to the
competent foreign economic and trade department of the State
Council, fill in the export application form for dual-use
biological agents and related equipment and technologies
(hereinafter referred to as the export application form),
and submit the following documents:
(1)
identifications of the applicants legal
representative, chief manager(s) and the person(s) handling
the deal;
(2) duplicates of the contract or agreement,
or other certification documents;
(3) technical
specifications of the dual-use biological agents and related
equipment and technologies;
(4) certificate of
end-user and end-use;
(5) documents of guarantee as
defined in Article 7 of these Regulations; and
(6)
other documents as may be required by the competent foreign
economic and trade department of the State
Council.
Article 9 An applicant shall
truthfully fill in the export application form.
Export
application forms shall be uniformly produced by the
competent foreign economic and trade department of the State
Council.
Article 10 The competent
foreign economic and trade department of the State Council
shall, from the date of receiving the export application
form and the documents set forth in Article 8 of these
Regulations, examine the application, or examine the
application jointly with other relevant
departments.
The competent foreign economic and trade
department of the State Council shall, within 15 working
days, make a decision of approval or denial of the
application for the export of dual-use biological agents and
related equipment and technologies listed in Part I of the
Control List; the competent foreign economic and trade
department of the State Council shall, within 45 working
days, make a decision of approval or denial of the
application for the export of dual-use biological agents and
related equipment and technologies listed in Part II of the
Control List.
Article 11 Where the
export of dual-use biological agents and related equipment
and technologies entails significant impact on the State
security and social and public interests, the competent
foreign economic and trade department of the State Council
shall, jointly with relevant departments, submit the case to
the State Council for approval.
Where the export of
dual-use biological agents and related equipment and
technologies is submitted to the State Council for approval,
the timing restrictions set forth in Article 10 of these
Regulations shall not be applied.
Article 12
Where an application for the export of dual-use biological
agents and related equipment and technologies is examined
and approved, the competent foreign economic and trade
department of the State Council shall issue a licence for
the export of dual-use biological agents and related
equipment and technologies (hereinafter referred to as an
export licence), and notify the Customs in
writing.
Article 13 An export licence holder
who intends to change the dual-use biological agents and
related equipment and technologies originally applied for
export shall return the original export licence and file a
new application to obtain an export licence according to
relevant provisions of these
Regulations.
Article 14 While exporting
dual-use biological agents and related equipment and
technologies, the exporter shall present the export licence
to the Customs, complete the customs procedures and accept
supervision and control of the Customs in accordance with
the provisions of the Customs Law.
Article 15
Where the receiving party contravenes the guarantees made
according to the provisions of Article 7 of these
Regulations, or there is a risk of proliferation of dual-use
biological agents and related equipment and technologies
listed in the Control List that can be used for the purpose
of biological weapons, the competent foreign economic and
trade department of the State Council shall suspend or
revoke the export licence granted and notify the Customs in
writing.
Article 16 Where any unit or
individual knows or should know that the dual-use biological
agents and related equipment and technologies to be exported
will be used by the receiving party directly for the purpose
of biological weapons, it shall not export such dual-use
biological agents and related equipment and technologies,
whether included in the Control List or
not.
Article 17 Upon approval by the
State Council, the competent foreign economic and trade
department of the State Council may, jointly with relevant
departments of the State Council, temporarily decide to
exercise export control on specific dual-use biological
agents and related equipment and technologies other than
those listed in the Control List in accordance with the
provisions of these Regulations.
Article 18
Those who export dual-use biological agents and
related equipment and technologies without being licensed or
export dual-use biological agents and related equipment and
technologies beyond the scope of the export licence without
authorization, shall be investigated for criminal liability
in accordance with the provisions of the criminal law on the
crime of smuggling, the crime of illegal business
operations, the crime of divulging State secrets or other
crimes; if such acts are not serious enough for criminal
punishment, by distinguishing different circumstances, they
shall be punished in accordance with relevant provisions of
the Customs Law, or be given a warning, confiscated of their
illegal income, and fined not less than 50,000 yuan but not
more than 250,000 yuan by the competent foreign economic and
trade department of the State Council; the competent foreign
economic and trade department of the State Council may
concurrently suspend or even revoke the licensing for their
foreign trade operations.
Article 19
Those who forge, alter, buy or sell the licence
for the export of dual-use biological agents and related
equipment and technologies shall be investigated for
criminal liability in accordance with the provisions of the
criminal law on the crime of illegal business operations or
the crime of forging, altering, buying or selling official
documents, certificates or seals of a State organ; if such
acts are not serious enough for criminal punishment, they
shall be punished in accordance with relevant provisions of
the Customs Law, and the competent foreign economic and
trade department of the State Council may concurrently
revoke the licensing for their foreign trade
operations.
Article 20 Where a licence for the
export of dual-use biological agents and related equipment
and technologies is obtained by fraud or other illegal
means, the competent foreign economic and trade department
of the State Council shall revoke such an export licence,
confiscate the illegal income, impose a fine of not less
than 20,000 yuan but not more than 100,000 yuan, and suspend
or even revoke the licensing for their foreign trade
operations.
Article 21 Where, in violation of
the provisions of Article 6 of these Regulations, the export
of dual-use biological agents and related equipment and
technologies is operated without registration, the competent
foreign economic and trade department of the State Council
shall ban such illegal activities according to law, and
relevant competent departments of the State shall impose
punishment thereon in accordance with relevant laws and
administrative regulations.
Article 22
Where the State functionaries in charge of control
on the export of dual-use biological agents and related
equipment and technologies abuse their powers, neglect their
duties or extort or accept money or properties from others
by taking advantage of their positions, they shall be
investigated for criminal liability in accordance with the
provisions of the criminal law on the crime of abuse of
power, the crime of neglect of duties, the crime of
accepting bribes and other crimes; if such acts are not
serious enough for criminal punishment, they shall be given
administrative sanctions according to
law.
Article 23 In light of actual
situations, the competent foreign economic and trade
department of the State Council may, jointly with relevant
departments, amend the Control List and submit it to the
State Council for approval before
implementation.
Article 24 In the case of the
re-export of dual-use biological agents and related
equipment and technologies after import, these Regulations
shall apply.
Article 25 These Regulations shall
be effective as of December 1, 2002.
Annex:
Dual-Use
Biological Agents and Related Equipment and Technologies
Export Control List
