Laws of the People's Republic of China

   Article 1 The regulations are formulated to strengthen the administration of chemicals subjected to supervision and control, safeguard personal safety, and protect the environment.

   Article 2 Any activities of production, trading or utilization of the chemicals subjected to supervision and control within the People's Republic of China should abide by the regulations.

   Article 3 The chemicals subjected to supervision and control referred to in the regulations include the following categories of chemicals:

The first category: chemicals which can be used as chemical weapons;

The second category: chemicals which can be used as precursors of chemical weapons;

The third category: chemicals which can be used as the major raw materials for the production of chemical weapons;

The fourth category: specially designated organic chemicals other than explosives and pure hydrocarbons.

Catalogues of chemicals subjected to supervision and control shall be formulated by the ministry in charge of the chemical industry under the State Council and published after approval by State Council.

   Article 4 The ministry in charge of the chemical industry under the State Council is responsible for the administration nationwide on the chemicals subjected to supervision and control. The committees in charge of the chemical industry under the people's government of the provinces, autonomous regions and municipalities are responsible for the administration in the localities on the chemicals subjected to supervision and control.

   Article 5 Entities producing, trading and using chemicals subjected to supervision and control should give informations about their activities and purposes in the production, trading and utilization of the chemicals to the ministry in charge of the chemical industry under the State Council or committees in charge of the chemical industry under the people's government of the provinces, autonomous regions and municipalities for examination in accordance with the regulations and related State rules.

   Article 6 The State strictly controls the production of the chemicals subjected to supervision and control in the first category.

The production of the chemicals of the category for uses in scientific research, medical treatment, medicine production or protection should be reported to and approved by the ministry in charge of the chemical industry under the State Council and be carried out in small-scale facilities designated by the ministry in charge of the chemical industry under the State Council.

It is strictly forbidden to produce chemicals of the first category in facilities which are not designated by the ministry in charge of the chemical industry under the State Council.

   Article 7 The State adopts a special licensing system for the production of the chemicals subjected to supervision and control which contain phosphorus, sulphur or fluorine in the second, third and fourth categories. No body or unit is permitted to produce such chemicals before getting a special license. Procedures for special licensing shall be formulated by the ministry in charge of the chemical industry under the State Council.

   Article 8 Before starting construction, expansion or renovation of facilities for production of the chemicals subjected to supervision and control in the second and third categories or those in the fourth category containing phosphorus, sulphur or fluorine, applications should be firstly submitted to the committee in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities for examination and comments and then to the ministry in charge of the chemical industry under the State Council for approval and upon their completion, the projects should firstly be satisfied by the examination and appraised by the committee in charge of the chemical industry under the people's government of the local province, autonomous region or municipality as qualified and then approved by the ministry in charge of the chemical industry under the State Council before they are put into actual operation and use.

But for same kind of projects that involve chemicals in the fourth category not containing phosphorus, sulphur and fluorine, registration should be made with the committee in charge of the chemical industry of the people's government of the provinces, autonomous regions or municipalities before they're put into actual operation.

   Article 9 The chemicals subjected to supervision and control should be stored in special chemical warehouses under the custody of designated persons. The conditions for storing the chemicals should conform to the State regulations concerned.

   Article 10 Storehouses of chemicals subjected to supervision and control should be accommodated with strict check-in and check-out for the chemicals. Upon discoveries of losses or stolens of the chemicals reports should be immediately made and sent to the local security institutions and committees in charge of the chemical industry under the people's government of provinces, autonomous regions or municipalities. The committees should actively cooperate with the security institutions in investigating into and deal with the case.

   Article 11 Chemicals subjected to supervision and control should be dealt with timely once they are liable to a change of quality and a loss of effect. Plans for the actions of dealing should be submitted to the committees in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities for approval before implementation.

   Article 12 Those who need to use the chemicals subjected to supervision and control in the first category for scientific research, medical use, medicine-production or protection should apply to the chemistry in charge of the chemical industry under the State Council for examination and approval and only after approval documents obtained from the ministry can they sign contracts with the manufacturing units designated by the ministry. Besides, they should submit a copy of the contracts to the ministry for the record.

   Article 13 Those who need to use the chemicals subjected to supervision and control in the second category should apply to the committee in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities for examination and approval and only after approval documents obtained from the committees can they sign contracts with the manufacturing units designated by the committees. Besides, they should submit a copy of the contracts to the committees for the record.

   Article 14 Import and export of the chemicals subjected to supervision and control in the first, second and third categories and of the technology and special equipment for production of the chemicals can only be undertaken by units designated by the ministry in charge of the chemical industry under the State Council together with the ministry in charge of foreign economic relations and trade under the State Council (hereinafter referred as designated units).

Those who need to import or export the chemicals subjected to supervision and control in the first, second and third categories and the technology and special equipment for production of the chemicals should entrust a designated unit as their agent for the import or export. Any unit or individual other than the designated units is forbidden from engaging in such import or export.

   Article 15 The State strictly controls the import and export of the chemicals subjected to supervision and control in the first category. Except for the purpose of scientific research, medical use, medicine production or protection, import of such chemicals is banned.

Designated units entrusted to import chemicals subjected to supervision and control in the first category should submit applications to the ministry in charge of the chemical industry under the State Council accompanied with explanations and certifications on the end-uses of the products. After being examined and signed by the ministry, the applications should be submitted to the State Council for examination and approval. Only with the approved documents by the State Council can be designated units apply to the ministry in charge of foreign economic relations and trade for the corresponding import license.

   Article 16 Designated units entrusted to import the chemicals subjected to supervision and control in the second and third categories and the technology and special equipment for production of the chemicals should apply to the ministry in charge of the chemical industry under the State Council accompanied with explanations and certifications on the end-uses of the chemicals, technology and equipment to be imported. After being examined and approved by the ministry, the designated units can, with the approved documents by the ministry in charge of the chemical industry under the State Council, apply to the ministry in charge of foreign economic relations and trade for the corresponding import license.

   Article 17 The designated units entrusted to export the chemicals subjected to supervision and control in the first category should submit applications to the ministry in charge of the chemical industry accompanied with guarantee certificates issued by the government or government-entrusted institutions of the country to import the chemicals under the pledge that the chemicals to be imported will not be transmitted to a third country, but only for scientific research, medical use, medicine production and protection only. After being examined and signed by the ministry in charge of the chemical industry under the State Council, the applications shall be submitted to the State Council for examination and approval. Only with the approved documents by the State Council can the designated units apply to the ministry in charge of foreign economic relations and trade for the corresponding export license.

   Article 18 Designated units entrusted to export the chemicals subjected to supervision in the second and third categories and the technology and special equipment for production of the chemicals should submit applications to the ministry in charge of the chemical industry accompanied with guarantee certificates issued by the government or government-entrusted institutions of the country to import the commodities and technology under the pledge that the chemicals and technology and special equipment to be imported will not be used to produce chemical weapons and will not be transmitted to a third country.

After being examined and approved by the ministry in charge of the chemical industry under the State Council, the designated units can, with the approved documents by the ministry in charge of the chemical industry, apply to the ministry of foreign economic relations and trade under the State Council for the corresponding export license.

   Article 19 Actual uses of the chemicals subjected to supervision and control should conform to those addressed in the applications. When a change of the use is needed, application should be submitted to the same institutions for examination and approval as before.

   Article 20 In use of chemicals subjected to supervision and control in the first and second categories, amounts of the chemicals used and the end-products produced should be, according to the State regulations concerned, regularly reported to the committees in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities.

   Article 21 Those who violate these regulations in production of chemicals subjected to supervision and control will be ordered by the committee in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities to correct their mistakes within a set period. Those who fail to correct their mistakes in the set time will be imposed a fine not exceeding RMB200,000. In serious cases, the committee can suggest the people's government of the provinces, autonomous regions or municipalities to order the manufacturer to stop production for rectification.

   Article 22 Those who violate the regulations to utilize the chemicals subjected to supervision and control will be ordered by the committee in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities to correct their mistakes within a set period. Those who fail to correct their mistakes in the set time will be imposed a fine not exceeding RMB50,000.

   Article 23 As to those who violate these regulations to trade the chemicals subjected to supervision and control, the chemicals concerned and incomes from the illegal trade will be confiscated by the committee in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities. Besides, the violators will be imposed a fine ranging from the amount equal to their trade value to the amount equal to the double of their trade value.

   Article 24 Those who cover up or fail to report the materials and data about the chemicals subjected to supervision and control, or to hamper or obstruct the department in charge of the chemical industry from doing its duty of examination and supervision in violation of these regulations will be imposed a fine not exceeding RMB50,000 by the committee in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities.

   Article 25 Those who violate these regulations to the extent of constructing a violation of the public security rules will be penalized according to the articles concerned in "The Public Security Administration and Penalization Rules of the People's Republic of China". Those who go so far as to have committed crimes will be investigated and affixed the responsibility for the crimes according to the law.

   Article 26 Those who have started producing, trading or utilizing the chemicals subjected to supervision and control before these regulations go into effect should go through procedures concerned according to the regulations.

   Article 27 The regulations go into effect as of the day of their promulgation.