Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Decree of the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China

No.29

According to the Regulation of the People's Republic of China on Controlling the Export of Guide Missiles and Related Items and Technologies, the (Interim) Measures of the People's Republic of China on the Administration of the Business Registration for the Export of Guided Missiles and Related Items and Technologies are hereby promulgated for taking effect as of the day of promulgation.

Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng

September 2, 2002

(Interim) Measures on the Administration of the Business Registration for the Export of Guided Missiles and Related Items and Technologies

Article 1

The present Measures have been formulated on the basis of the Regulation of the People's Republic of China on Controlling the Export of Guided Missiles and Related Items and Technologies for the purpose of regulating the business management order for the export of guided missiles and related items and technologies and strengthening the administration of the export of guided missiles and related items and technologies.

Article 2

Any business operator who is engaged in the export guided missiles and related items and technologies (hereafter "business operators") shall file an application to the Ministry of Foreign Trade and Economic Cooperation (hereafter "MOFTEC") for registration according to the provisions of the present Measures. No entity or individual may, without being registered, be engaged in the export of guided missiles and related items and technologies.

Article 3

Any business operator that has met the conditions as listed below may file an application to the Department of Scientific and Technologic Development and Technologic Export (hereafter "Department of Technology") of the MOFTEC for registration.

a.

Having obtained the approval of the MOFTEC and a qualifications certificate as an import and export enterprise or a certificate of approval as an enterprise with foreign investment, and having obtained the business license issued by the administrative department of commerce and industry;

b.

Having passed the annual inspections of the administrative department of industry and commerce and the administrative department of foreign trade and economic cooperation;

c.

Having no record of criminal punishment imposed by the state or administrative punishment imposed by relevant departments for illegal business activities during the recent three years;

d.

Having knowledge of the performances, indicators and major purposes of use of the items and technologies under request;

e.

Having a department or organ to be responsible for export and after-sales services.

Article 4

When applying for registration, the business operator shall fill in the application form true to the fact and submit the following materials:

a.

Application Form of the Registration for the Export Business Qulifications of Guided Missiles and Related Items and Technologies of the People's Republic of China (see Attachment I);

b.

Business License of the Legal Person of an Enterprise (in photocopy);

c.

Qualifications Certificate of the Import and Export Enterprise (in photocopy) or Approval Certificate of Enterprises with Foreign Investment (in photocopy).

Article 5

The Department of Technology of the MOFTEC shall, within 10 workdays after receiving the registration application, decide whether it shall be registered or not. If the application is registered, a Registration Certificate for the Export Business Qulifications of Guided Missiles and Related Items and Technologies of the People's Republic of China (hereafter "Registration Certificate", see Attachment II), on which the cachet "Special Cachet of the People's Republic of China for Export Control" shall be affixed.

If the materials submitted by the business operator are not complete and supplements needed to be made, the limit of workdays for registration shall be calculated as of the day when the materials are made complete.

Article 6

The Registration Certificate shall be valid to the registered business operators only, and it may not be forged, altered, lent, leased or transferred.

Article 7

The Registration Certificate shall be valid for three years. If the business operator needs to continue to engage in the export of guided missiles and related items and technologies, it shall have completed the change of Registration Certificates one month prior to the expiration of the Registration Certificate.

Article 8

Where a business operator changes its name or an enterprise is merged or split, it shall inform the Department of Technology of the MOFTEC in good time and return the original Registration Certificate. If it needs to continue to engage in the export of Guided Missiles and Related Items and Technologies, it shall go through the registration formalities anew and obtain a new Registration Certificate.

Article 9

Where the Registration Certificate is damaged or lost, the business operator shall inform the Department of Technology of the MOFTEC in good time and give a written explanation. If it needs to continue to engage in the export of guided missiles and related items and technologies, it shall go through registration formalities anew and obtain a new Registration Certificate.

Article 10

When applying for certificates of approval for exporting guided missiles and related items and technologies, the business operator shall present its Registration Certificate.

Article 11

In the export of guided missiles and related items and technologies, the registered business operator must rigidly abide by the relevant laws, regulations and ministerial rules of the state concerning export control, and shall voluntarily accept the administration of the MOFTEC.

Article 12

Any business operator who is unlawfully engaged in the export of guided missiles and related items and technologies without being registered shall be dealt with according to the Regulation of the People's Republic of China on Controlling the Export of Guided Missiles and Related Items and Technologies as well as other relevant laws and regulations.

Article 13

If any business operator who intentionally conceals true facts or submits false information in the process of applying for registration or obtains its Registration Certificate by other unfair means, the MOFTEC shall write off the Registration Certificate thereof and impose a punishment of warning upon it.

Article 14

If any registered business operator violates any of the laws, regulations or ministerial rules of the state concerning export control in the process of exporting guided missiles and related items and technologies, it may be punished according to relevant statutory provisions and, at the same time, the MOFTEC may write off the registration thereof. After the registration is written off, the business operator may not engage in the export of guided missiles and related items and technologies until it has gone through the formalities of registration anew.

Article 15

The word "photocopy" as mentioned in the present Measures refers to the photocopy of the certificates to which the cachet of the issuing authorities has been affixed.

Article 16

The power to interpret the present Measures shall remain with the MOFTEC.

Article 17

The present Measures shall enter into force as of the day of promulgation.

Annex:

I. Application Form of the Registration for the Export Business Qulifications of Guided Missiles and Related Items and Technologies of the People's Republic of China (omitted)

II. Registration Certificate for the Export Business Qulifications of Guided Missiles and Related Items and Technologies of the People's Republic of China (omitted)