Laws of the People's Republic of China

    Article 1  In order to strengthen the management of chemicals
subject to supervision and control, safeguard the safety of
citizens, and protect the environment, the present Regulations
are hereby formulated.

    Article 2  All activities concerning the production, marketing
or application of chemicals subject to supervision and control
within the territory of the People's Republic of China shall
conform with the present Regulations.

    Article 3  The chemicals as referred to in the present
Regulations are chemicals of the following categories:

    (1) chemicals that can be used as chemical weapons;

    (2) chemicals that can be used as precursors for the
production of chemical weapons;

    (3) chemicals that can be used as main raw materials for
the production of chemical weapons; or

    (4) special organic chemicals excluding explosives and pure
hydrocarbon.

    A list of the names of chemicals in the above-mentioned
categories shall be put forward by the department in charge of
chemical industry under the State Council and be publicized
subject to the approval of the State Council.

    Article 4  The department in charge of chemical industry under
the State Council shall be responsible for the management of
chemicals subject to supervision and control for the whole
country. The departments in charge of chemical industry of the
people's governments of provinces, autonomous regions and
municipalities directly under the central government shall be
responsible for the management of chemicals subject to supervision
and control within their respective administrative regions.

    Article 5  Whoever produces, markets or applies chemicals
subject to supervision and control shall, in accordance with the
present Regulations and other relevant regulations of the state,
report relevant materials, data, or application purposes regarding
the production, marketing, or application of chemicals subject to
supervision and control to the department in charge of chemical
industry under the State Council or under the people's government
of the respective province, autonomous region or municipality
directly under the central government and shall submit to
inspection and supervision by chemical industry authorities.

    Article 6  The state shall rigorously control the production
of the first category of chemicals subject to supervision and
control.

    In the event that it is necessary to manufacture the first
category of chemicals subject to supervision and control for
research, medical, pharmaceutical or defense purposes, such
manufacture shall be subject to approval of the department in
charge of chemical industry under the State Council and
production shall be conducted in small scale facilities
designated by the department in charge of chemical industry
under the State Council.

    It is strictly prohibited to manufacture the first category
of chemicals subject to supervision and control in facilities
without prior designation by the department in charge of
chemical industry under the State Council.

    Article 7  The state shall adopt a system of special permission
concerning the manufacture of second and third category chemicals
subject to supervision and control and of special organic chemicals
of the fourth category which contain phosphorus, sulfur or fluorine.
No unit or individual shall produce those chemicals without special
permission. Procedures for obtaining special permission shall be
formulated by the department in charge of chemical industry under the
State Council.

    Article 8  For new construction, extension or reconstruction of
facilities for the production of chemicals of the second or third
category or of special organic chemicals of the fourth category
containing phosphorus, sulfur or fluorine, an application shall
first be filed for examination and commentary by the department
in charge of chemical industry under the people's government of
the province, autonomous region or municipality directly under
the central government and then be submitted to the department
in charge of chemical industry under the State Council for
approval. Only after approval has been obtained can construction
begin. After the project is completed, it shall be subject to
inspection and approval by the department in charge of chemical
industry of the people's government of the province, autonomous
region or municipality directly under the central government
according to standards and shall obtain the approval of the
department in charge of chemical industry under the State Council
before the facilities can be put into production.

    The construction, extension or reconstruction of facilities
for production of chemicals of the fourth category that do not
contain phosphorus, sulfur or fluorine shall, before construction
or production begins, file with the department in charge of
chemical industry of the people's government of the respective
province, autonomous region or municipality directly under the
central government where the facilities are to be located.

    Article 9  Chemicals subject to supervision and control shall
be preserved in special chemical storehouses and be under the
management of special personnel. The conditions under which
chemicals subject to supervision and control are preserved shall
conform with relevant state regulations.

    Article 10  Any unit which preserves chemicals subject to
supervision and control shall establish a rigorous inspection
system for inspecting and registering chemicals being moved into
or out of storehouses. The discovery of the loss or theft of any
chemicals shall promptly be reported to the local security bureau
and the department in charge of chemical industry of the people's
government of the relevant province, autonomous region or
municipality directly under the central government. The
department in charge of chemical industry of the people's
government of the province, autonomous region or municipality
directly under the central government shall actively cooperate with
the public security organ in the investigation and settlement of any
such cases.

    Article 11  Chemicals subject to supervision and control which
have lost their effectiveness due to deterioration or expiration
shall be promptly disposed of. The disposal plan shall be subject
to the approval of the department in charge of chemical industry
under the people's government of the province, autonomous region
or municipality directly under the central government.

    Article 12  For use of the first category of chemicals subject
to supervision and control for research, medical, pharmaceutical
or defense purposes, an application shall first be filed for
examination and approval with the department in charge of
chemical industry under the State Council; with the instruments
of approval serving as certification, a contract may be signed
with the production unit designated by the relevant department in
charge under the State Council. A duplicate of the contract shall
be submitted for filing to the department in charge of chemical
industry under the State Council.

    Article 13  For use of the second category of chemicals subject
to supervision and control, an application shall first be filed for
examination and approval with the department of the people's
government in charge of chemical industry of the province,
autonomous region or municipality directly under the central
government; with the instruments of approval serving as
certification, a contract may be signed with the marketing unit
designated by the department in charge of chemical industry under
the State Council. A duplicate of the contract shall be submitted
for filing to the department in charge of chemical industry under
the people's government of the province, autonomous region or
municipality directly under the central government.

    Article 14  The department in charge of chemical industry under
the State Council may, in cooperation with units designated by the
department in charge of foreign trade and economic cooperations
under the State Council (hereinafter referred to as designated
units), engage in the import or export of the first, second or
third category of chemicals subject to supervision and control and
of production technology and special equipment for chemicals of the
second or third category.

    When it is necessary to import or export the first, second or
third category of chemicals subject to supervision and control or
the production technology and special equipment relating to the
second or third category of chemicals, business relating imports
and exports shall be entrusted to the designated units. No unit
or individual except the designated units may engage in business
relating to such imports and exports.

    Article 15  The state shall rigorously control the import and
export of the first category of chemicals subject to supervision
and control. The first category of chemicals subject to
supervision and control may not be imported unless deemed
necessary for research, medical, pharmaceutical or defense
purposes.

    Designated units, when commissioned to import the first
category of chemicals subject to supervision and control, shall
file an application with the department in charge of chemical
industry under the State Council and present a written
explanation and testimony of the final use of the chemicals.
After the application is examined and a written commentary is
issued, it shall be submitted to the State Council for approval.
Designated units, with the instrument of approval of the State
Council serving as certification, may apply for an import
license to the department in charge of foreign trade and economic
cooperations under the State Council.

    Article 16  Designated units, when commissioned to import second
or third category chemicals subject to supervision and control or
their production technology or special equipment, shall file an
application with the department in charge of chemical industry
under the State Council and present a written explanation and
testimony of the final use of the chemicals, technology or
equipment which are to be imported. After the application has
been examined and approved by the department in charge of chemical
industry under the State Council, the units may, with the instrument
of approval of the department in charge of chemical industry under
the State Council serving as certification, apply for an import license
to the department in charge of foreign trade and economic cooperations
under the State Council.

    Article 17  When commissioned to export first category chemicals
subject to supervision and control, designated units shall file
an application with the department in charge of chemical
industry under the State Council and present a written pledge
made out by the government or an agency authorized for that
purpose by the government of the import country stating that the
chemicals to be imported will be used for research, medical,
pharmaceutical or defense purposes only and will not be
transferred to a third country. After the application has been
examined, commented on and signed, it shall be submitted to the
State Council for approval. The units may, with the instrument of
approval of the State Council serving as certification, apply for
an export license to the department in charge of foreign trade and
economic cooperations under the State Council.

    Article 18  Designated units, when commissioned to export the
second or third category of chemicals subject to supervision and
control or production technology or special equipment thereof, shall
file an application with the department in charge of chemical
industry under the State Council and present a written pledge
made out by the government or an agency authorized for that
purpose by the government of the import country stating that the
chemicals, production technology and special equipment to be
imported will not be used to make chemical weapons and will not
be transferred to a third country. After the application has been
examined and approved by the department in charge of chemical
industry under the State Council, the designated units may, with
the instrument of approval of the department in charge of
chemical industry under the State Council serving as
certification, apply for an export license to the department in
charge of foreign trade economic cooperations under the State
Council.

    Article 19  The use of chemicals subject to supervision and
control shall conform with the purposes declared. Any changes in
the purpose of use shall be subject to the approval of the
original organs of examination and approval.

    Article 20  Whoever uses the first or second category of
chemicals subject to supervision and control shall, according to
corresponding state regulations, regularly report to the
department in charge of chemical industry under the people's
government of the respective province, autonomous region or
municipality directly under the central government the quantity
of chemicals already consumed and the quantity of the final product
made from chemicals subject to supervision and control.

    Article 21  Whoever produces chemicals subject to supervision and
control against the present regulations shall be charged with
making a correction within a specified time by the department in
charge of chemical industry under the people's government of the
respective province, autonomous region or municipality directly
under the central government. If the offense is not corrected within
the specified time, a fine of up to 200,000 yuan may be imposed. If
the offense is serious, the case may be referred to the people's
government of the province, autonomous region or municipality directly
under the central government for ordering the offender to stop
production for rectification.

    Article 22  Whoever uses chemicals subject to supervision and
control against the present Regulations shall be charged with
making a correction within a specified time by the department of
the people's government of the province, autonomous region or
municipality directly under the central government. If no correction
is made within the specified time, a fine of up to 50,000 yuan may be
imposed.

    Article 23  Whoever engages in the trade of chemicals subject to
supervision and control in violation of the present Regulations
shall have all the chemicals and illegal gains obtained from such
trade confiscated by the department in charge of chemical industry
under the people's government of the province, autonomous region or
municipality directly under the central government and may further be
punished with a fine from one to two times the total value of such
illegal trade.

    Article 24  Whoever conceals or refuses to report materials and
data or impedes or obstructs the department in charge of chemical
industry in the exercise of supervisory responsibility in accordance
with the present Regulations shall be punished with a fine of up to
50,000 yuan by the department in charge of chemical industry of the
people's government of the province, autonomous region or municipality
directly under the central government.

    Article 25  Whoever has violated the present Regulations to the
extent of violating public security management regulations shall be
punished according to the Regulations of the People's Republic of
China on Penalties for Public Security. If the offense constitutes a
crime, criminal responsibility shall be investigated in accordance with
the law.

    Article 26  Whoever has already engaged in the production, trade
or application of chemicals subject to supervision and control
before promulgation of the present Regulations shall process the
corresponding formalities required by the present Regulations.

    Article 27  The present Regulations shall come into effect as of
the date of promulgation.