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Laws of the People's Republic of China |
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| Category | FOREIGN TRADE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-10-22 | Effective Date | 1998-01-01 |
|
Regulations of the People's Republic of China Governing Export Control of Military Goods |
|---|
Article 1 These Regulations are formulated with a view to enhancing
unified export control of military goods and maintaining normal order
in the export of military goods.
Article 2 Export of military goods referred to in these Regulations
means export for trade purposes of the equipment, special-purpose production
equipment and other materiel, technologies and related services to be used
for military purposes.
Article 3 The State Control Commission for Military Goods Trade of the
People's Republic of China (hereinafter referred to as the State Control
Commission for Military Goods Trade) shall, under the leadership of the
State Council and the Central Military Commission, take charge of the work
of military goods export nationwide.
The State Military Goods Trade Bureau of the People's Republic of China
(hereinafter referred to as the State Military Goods Trade Bureau), the
executive agency of the State Control Commission for Military Goods Trade,
shall exercise supervision and control over military goods export nationwide.
Article 4 The State practises the uniform military goods export control
system, prohibits any act of military goods export to the detriment of
national interests and security and ensures normal order in military goods
export in accordance with law.
Article 5 Military goods export shall abide by the following principles:
(1) to be instrumental to the just self-defense capabilities of the
acceptor nation;
(2) to be not detrimental to peace, security and stability in the region
concerned and the world; and
(3) non-interference in the internal affairs of the acceptor nation.
Article 6 In the case of different provisions in international treaties Article 7 The military goods trading companies referred to in these Article 8 Military goods export management right shall be subject to Article 9 Military goods trading companies shall practise autonomous Article 10 Military goods trading companies shall abide by the contract, Article 11 Military goods trading companies shall, pursuant to the Article 12 Military goods trading companies may entrust approved Article 13 The State practises the licence system for military goods Applications shall be filed for the examination and approval of the Article 14 Military goods export items shall be subject to the Article 15 A military goods trading company may, upon approval of the A military goods trading company shall, when filing an application for Article 16 Major military goods export items and contracts shall be Article 17 A military goods trading company shall, prior to military The Customs shall accept the declaration on the strength of the military Article 18 Measures for the examination and approval of items and Article 19 The State Military Goods Trade Bureau shall, in conjunction Article 20 No unit or organization shall engage in business operations The State prohibits any individual from engaging in business operations of Article 21 Military goods trading companies shall, in business operations Article 22 No military goods trading company shall, in business (1) endangering national security or public interest of society; (2) squeezing its competitive opponent out with unfair means of (3) infringing on intellectual property rights under the protection of the (4) forging, altering, acquiring through fraud or transferring such (5) operating beyond the verified business scope; and (6) other acts in violation of the provisions of laws and administrative Article 23 The State Military Goods Trade Bureau may, when it deems Article 24 Any military goods trading company in violation of the Article 25 Any military goods trading company in violation of the Article 26 The State Military Goods Trade Bureau shall ban the illegal Article 27 Criminal liability shall be investigated in accordance with Article 28 A military goods trading company which has objections to Article 29 Functionaries of state military goods trade administration Article 30 These Regulations shall apply to the export of police Article 31 These Regulations shall enter into force as of January 1,
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the People's Republic of China has concluded and acceded to with these
Regulations, the provisions of the international treaties shall apply;
however, the articles about which the People's Republic of China has stated
its reservations are exceptions.
Chapter II Military Goods Trading Companies
Regulations mean corporate enterprises engaging in military goods export
business operations with acquisition of the management right of military
goods export in accordance with law and within the verified business scope.
the examination and approval of the State Control Commission for Military
Goods Trade. Specific measures shall be formulated by the State Control
Commission for Military Goods Trade.
management and be responsible for their profits and losses.
guarantee commodity quality and improve after-sales service.
provisions of the State Control Commission for Military Goods Trade,
truthfully present the documents and material relating to their business
operations in military goods export to the departments concerned. The
departments concerned shall keep the business secrets for the military
goods trading companies and safeguard the legitimate rights and interests
of the military goods trading companies.
shipping agencies for military goods export in the handling of transportation
and related business for military goods export for them. Specific measures
shall be formulated by the State Control Commission for Military Goods Trade.
Chapter III Military Goods Export Control
export.
items and contracts of military goods export pursuant to the provisions of
these Regulations. Military goods export shall be effected on the strength
of a military goods export licence.
examination and approval of the State Military Goods Trade Bureau or the
State Military Goods Trade Bureau in conjunction with the departments
concerned under the State Council and the Central Military Commission.
military goods export items, conclude a military goods export contract with
a foreign party. An application shall be filed with the State Military Goods
Trade Bureau for examination and approval upon conclusion of the military
goods export contract; the State Military Goods Trade Bureau shall, within
15 days from the date of receipt of the application, make a decision on
the approval or non-approval thereof. The military goods export contract
shall become established only upon approval.
the approval of the military goods export contract, enclose effective
testimonial documents of the acceptor nation.
subject to the examination of the State Control Commission for Military
Goods Trade and submitted to the State Council and the Central Military
Commission for approval.
goods export, apply to the State Military Goods Trade Bureau for a military
goods export licence on the strength of the approval document of the military
goods export contract; the State Military Goods Trade Bureau shall, within
five days from the receipt of the application, issue the military goods
export licence to the applicant found to conform to the provisions of the
military goods export contract.
goods export licence and handle inspection and clearance pursuant to relevant
state provisions.
contracts of military goods export and measures for the issuance of military
goods export licences shall be formulated by the State Control Commission for
Military Goods Trade.
with the departments concerned, issue a military goods export notice for the
export of military goods. The departments and local people's governments
concerned shall, on receipt of the military goods export notice and pursuant
to the relevant state provisions, conscientiously fulfil their duties to
ensure the safety, rapidity and accuracy in military goods export.
Chapter IV Military Goods Export Order
of military goods export without the acquisition of military goods export
management right.
military goods export.
of military goods export, abide by the provisions of laws and administrative
regulations and maintain the normal order in military goods export.
operations of military goods export, commit the following acts:
competition;
laws of the People's Republic of China;
documents and licence as the approval document for military goods export
items, the approval document for contract, the licence and the effective
testimonial document of the acceptor nation;
regulations.
necessary or at the request of a military goods trading company, deal with
acts of hindering the normal order in military goods export.
Chapter V Legal Liability
provisions of Article 11 of these Regulations shall be ordered by the State
Military Goods Trade Bureau to make a rectification within a specified period
and administered a warning; any military goods trading company that fails to
make a rectification on expiry of the specified period shall be revoked of
its management right of military goods export by the State Military Goods
Trade Bureau which shall report the case to the State Control Commission
for Military Goods Trade.
provisions of Article 21 and Article 22 of these Regulations shall be
penalized by the competent departments concerned pursuant to the provisions
of relevant laws and administrative regulations and may be revoked of its
management right of military goods export by the State Military Goods Trade
Bureau which shall report the case to the State Control Commission for
Military Goods Trade.
operations in violation of the provisions of Article 20 of these Regulations,
and the competent departments concerned of the State shall, pursuant to the
provisions of relevant laws and administrative regulations, impose a penalty.
law for violation of the provisions of these Regulations that constitutes
a crime.
the penalty decision revoking its management right of military goods export
may, within 15 days from the date of receipt of the penalty notice, apply
to the State Control Commission for Military Goods Trade for reconsideration.
The State Control Commission for Military Goods Trade shall, within 15 days
from the date of receipt of the application for reconsideration, make a
reconsideration decision which shall be the final decision.
whose negligence of duty, indulgence in self-seeking misconduct, abuse of
power or acceptance or extortion of other people's property by taking
advantage of their positions constitutes a crime shall be investigated
of the criminal liability in accordance with law; where a crime has not been
constituted, administrative sanctions shall be imposed in accordance with law.
Chapter VI Supplementary Provisions
equipment.
1998.
URL: http://www.asianlii.org/cn/legis/cen/laws/rgecomg587