Laws of the People's Republic of China

No.8

The Provisions on the Administration of International Verification on the Import and Export of Chemicals Liable to Producing Narcotic Drugs, which were deliberated and adopted at the 5th ministerial meeting of the Ministry of Commerce on May 17th, 2006, are hereby promulgated upon the approval of the Ministry of Public Security, and shall come into force 30 days later as of the date of promulgation. Bo Xilai, the Minister of Commerce

Zhou Yongkang, the Minister of Public Security

September 7, 2006

The Provisions on the Administration of International Verification on the Import and Export of Chemicals Liable to Producing Narcotic Drugs

Article 1

With a view to preventing chemicals liable to producing narcotic drugs from flowing into illegal channels and regulating the international verification on the import and export of chemicals liable to producing narcotic drugs, the present Measures are formulated according to the Regulations on the Administration of Chemicals Liable to Producing Narcotic Drugs.

Article 2

The import and export of chemicals liable to producing narcotic drugs (hereinafter referred to as chemicals subject to verification) as listed in the Attachment of the present Provisions, namely, the Catalogue for the Administration of International Verification upon the Import and Export of Chemicals Liable to Producing Narcotic Drugs (hereinafter referred to as Catalogue), shall adopt the administrative system of international verification.

The Ministry of Commerce shall, in conjunction with the Ministry of Public Security, adjust the Catalogue in accordance with the actual situations, and shall publish it in the form of announcement.

Article 3

The Ministry of Commerce and the Ministry of Public Security shall jointly take charge of the administration of international verification upon the import and export of chemicals liable to producing narcotic drugs throughout the country.

Article 4

When importing and exporting the chemicals subject to verification, the operator of the import and export of the chemicals liable to producing narcotic drugs (hereinafter referred to as operator) shall apply for permit according to the related provisions of the Provisions on the Administration of the Import and Export of Chemicals Liable to Producing Narcotic Drugs.

Article 5

In case an operator applies for exporting chemicals subject to verification, the Ministry of Commerce shall examine it within 5 days as of the receipt of the related digital data and written materials; if it complies with the related provisions, the Ministry of Commerce shall transfer the digital data to the Ministry of Public Security for international verification.

Article 6

The Ministry of Commerce shall examine it within 3 days as of the receipt of the digital data transferred by the Ministry of Commerce; if the application complies with the related provisions, it shall send it to the competent governmental department of the importing country or region for examination and request it to give a reply within 10 days.

During the process of examination of the digital data, the Ministry of Commerce may, under the request of the Ministry of Public Security, provide related written materials.

Article 7

As regards an application that has been confirmed and replied by the competent governmental department of the importing country or region, the Ministry of Public Security shall notify the Ministry of Commerce within 3 days as of the receipt of the reply on the verification confirmation.

In case the competent governmental department of the importing country or region fails to reply upon the expiration of the time limit, the Ministry of Public Security may, pursuant to the international practices and in light of the specific products and the different countries and regions, analyze and bring forward suggestions on whether or not to permit the export and notify the Ministry of Commerce in written form.

Article 8

As regards the export of the samples of chemicals subject to verification, it is not necessary to conduct international verification on those of 100g or less in quantity; the Ministry of Commerce shall handle it according to the Provisions on the Administration of the Import and Export of Chemicals Liable to Producing Narcotic Drugs, and shall notify the results to the Ministry of Public Security.

Article 9

When importing chemicals liable to producing narcotic drugs by an operator, where the competent governmental department of the importing country or region requests our country to conduct international verification, the Ministry of Public Security shall, within 5 days as of the receipt of the request, transfer the related materials to the Ministry of Commerce for confirmation.

The Ministry of Commerce shall verify the authenticity and qualification of the operator and the rationality of the purposes of the importing chemicals liable to producing narcotic drugs. When it is necessary, the Ministry of Commerce may entrust a competent department of commerce at the provincial level to verify them, which shall report the verification results within 10 days as of the date of being entrusted by the Ministry of Commerce. The Ministry of Commerce shall timely feedback the verification results to the Ministry of Public Security.

Where it is necessary to verify the actual purposes and doses of the importing chemicals liable to producing narcotic drugs of an operator, the Ministry of Public Security may entrust a local public security organ to verify them, which shall report the verification results within 10 days as of the date being entrusted by the Ministry of Public Security. The Ministry of Public Security shall notify the Ministry of Commerce in a timely manner.

The Ministry of Public Security shall timely notify the competent governmental department of the importing country or region after receiving the verification results from the Ministry of Commerce or a local public security organ.

Article 10

The operator of chemicals subject to verification shall strengthen its internal administration, establish and improve the archive administration of the import and export of the chemicals subject to verification, keep the archives for at least two years for future reference, and shall appoint special personnel to take charge of the related work of examining the import and export of the chemicals subject to verification.

The operator of chemicals subject to verification shall actively cooperate with the Ministry of Commerce and the public security organs during the process of verification.

Article 11

In case it is found that the planned import or export chemicals subject to verification are possible to flow into illegal channels, the Ministry of Commerce may cancel the related licenses it has already issued.

Article 12

The Ministry of Commerce and the Ministry of Public Securities may publish the results of international verification and the violations of regulations by operators on a regular or irregular basis.

Article 13

In case an operator of the chemicals subject to verification violates the provision of Article 10 , the Ministry of Commerce shall give him a warning; if the circumstance is serious, it may impose a fine not more than 30,000 Yuan; if there is any violation against the public security administration, the public security organ may impose punishments of public security administration upon him; if a crime is constituted, the criminal liabilities shall be investigated according to law.

Article 14

The present Measures shall come into force 30 days after the date of promulgation. The Provisions of the former Ministry of Foreign Trade and Economic Cooperation and the Ministry of Public Security on the Administration of International Verification on the Import and Export of Chemicals Liable to Producing Narcotic Drugs (Wai Jing Mao Mao Fa [2002] No. 147) shall be repealed concurrently.

Attachment:ˇˇCatalogue for the Administration of International Verification on the Import and Export of Chemicals Liable to Producing Narcotic Drugs

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Attachment:

Catalogue for the Administration of International Verification on the Import and Export of Chemicals Liable to Producing Narcotic Drugs

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