Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on the Provisions on the Administration of International Check Upon the Import and Export of Chemical Products Liable to Producing Narcotic Drugs

WaiJingMao [2002] No.147

March 29, 2002

Article 1

These Provisions are enacted in accordance with the Criminal Law of the People's Republic of China and the Foreign Trade Law of the People's Republic of China as well as other legal provisions in order to strengthen the administration of import and export of chemical products liable to producing narcotic drugs, regulate the international check on the import and export of chemical products liable to producing narcotic drugs, and implement the obligations in the 1988 United Nations Covenant Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances(hereinafter referred to as the Covenant).

Article 2

The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC ) shall be responsible for administering the import and export of chemical products liable to producing narcotic drugs, and the Ministry of Public Security shall be responsible for the international check on the import and export of chemical products liable to producing narcotic drugs.

Article 3

The State applies the permit administration to the import and export of chemical products liable to producing narcotic drugs, and applies the international check to part of the chemical products liable to producing narcotic drugs (hereinafter referred to as "chemical products subject to check", see the annexes for details) in the administration of import and export. The catalogue of the chemical products subject to check shall be adjusted by the Ministry of Public Security in negotiation with the MOFTEC, and shall be jointly promulgated by the Ministry of Public Security and the MOFTEC.

Article 4

An import and export enterprise that intends to import or export chemical products subject to check shall go through the following application procedures:

(1)

an enterprise subject to the management of the Central Government that intends to import or export chemical products subject to check shall apply to the MOFTEC;

(2)

a local import and export enterprise shall apply to the department in charge of foreign trade and economic cooperation at its locality, and a subsidy of an enterprise subject to the management of the Central Government shall apply to the parent enterprise for examination, and when the examination is passed, it shall be reported to the MOFTEC for review.

Article 5

An import and export enterprise shall submit the following documents in the application:

(1)

the "Application Form for Importing (Exporting) Chemical Products Liable to Producing Narcotic Drugs" covered with the seal of the import and export enterprise (in duplicate), among which, one shall be turned over to the MOFTEC by the local department in charge of foreign trade and economic cooperation or the enterprise subject to the management of the Central Government, and the other shall be kept by the local department in charge of foreign trade and economic cooperation or the enterprise subject to the management of the Central Government;

(2)

the qualification certificate of import and export enterprise (duplicate of the original);

(3)

the import (export) contract (duplicate of the original) if the chemical products liable to producing narcotic drugs are imported (exported) under terms of ordinary trade;

(4)

the approval document for processing trade (duplicate of the original) and the processing trade contract (duplicate of the original) concluded with the foreign party as well as the processing agreement (duplicate of the original) concluded with the domestic processing and manufacturing enterprise if the chemical products liable to producing narcotic drugs are imported under terms of processing trade;

(5)

the import permit (duplicate of the original) or lawful certificate for use issued by the competent governmental department of the final user's country (region) if an enterprise exports chemical products subject to check; if the said products need to be re-exported from a third country (region), the valid re-export certificate (duplicate of the original) issued by the competent governmental department of a third country (region) shall be provided in addition;

(6)

if an enterprise imports chemical products subject to check, the guaranty letter (original) issued by the enterprise, its administrative department at the upper level or its parent enterprise subject to the management of the Central Government, and the guaranty letter (original) issued by the final user that imports chemical products subject to check.

Article 6

The MOFTEC shall, within 5 working days after the receipt of the application for import (export) that is primarily examined to be qualified, review the application, and shall transfer the materials reviewed to be qualified to the Ministry of Public Security for international check.

Article 7

The Ministry of Public Security shall, within 5 working days after the receipt of the materials submitted by the MOFTEC for check, deliver the materials to be checked to the competent governmental department of the importing (exporting) country (region), and requesting it to check the materials within 10 working days.

Article 8

For the products confirmed legal by the competent governmental department of the importing (exporting) country (region), the Ministry of Public Security shall, within 5 working days as of the receipt of the reply on check, notify the MOFTEC in written form to handle the formalities of reply to the application for import (export); if the competent governmental department of the importing (exporting) country (region) fails to give a reply after the expiry, the Ministry of Public Security may notify the MOFTEC on whether to handle the formalities of reply to the application for import (export) according to the specific commodities, destination country or country of origin, etc..

For checking the chemical products enumerated in Attachment 1, the formalities of reply to the application for import (export) may not be handled until confirmation by the competent governmental department of the importing country (region), proving that the products are legal, is received.

Article 9

The MOFTEC shall, within 5 working days as of the receipt of the written approval from the Ministry of Public Security, handle the formalities of reply to the application for import (export), and issue the "List of Official Reply to the Ministry of Foreign Trade and Economic Cooperation on Import (Export) of Chemical Products Liable to Producing Narcotic Drugs" (hereinafter referred to as the "List of Official Reply"), which shall be valid within 30 days as of the date when the official reply is given and shall be automatically invalidated after the expiry. The import and export enterprise shall apply to the certificate issuing organ authorized by the MOFTEC for the import (export) permit with the "List of Official Reply".

Article 10

For an application which is ascertained by the competent governmental department of the importing (exporting) country (region) to be questionable, the Ministry of Public Security shall notify the MOFTEC in written form. The MOFTEC shall, within 5 working days as of the receipt of the notice, inform the applying enterprise or the local department in charge of foreign trade and economic cooperation of the decision on not approving the application.

Article 11

Chemical products subject to check enumerated in Attachment 1 shall, in principle, not be exported to a non-contracting country of the Covenant.

Article 12

Enterprises engaging in the import and export of chemical products subject to check shall submit applications truthfully, and shall not forge or alter documents to make false applications.

Article 13

Enterprises engaging in the import and export of chemical products subject to check shall have the obligation to assist the public security organ and the department in charge of foreign trade and economic cooperation in investigating and getting the information and providing clues, instead of producing or providing false testimonies.

Article 14

Enterprises engaging in the import and export of chemical products subject to check shall strengthen its supervision, management and trainings on the employees concerned.

Article 15

The Ministry of Public Security and the MOFTEC shall be responsible for supervising and inspecting the import and export of chemical products subject to check, and shall, regularly or non-regularly, announce the information on the relevant enterprises concerning their violation of laws or rules.

Article 16

Any import and export enterprise that violates Articles 12 and 13 of these Provisions shall, on the basis of the seriousness of the case, be imposed upon the penalties of warning, suspension or revocation of operational qualification for import and export by the MOFTEC in accordance with the law; whoever is suspected to have committed a crime shall be investigated by the judicial organ.

Article 17

The Ministry of Public Security and the MOFTEC shall be responsible for the interpretation.

Article 18

These Provisions shall come into force on June 1, 2002.