"Full Text of China's Regulations on Export Control of Missiles" 
Xinhua News Agency
August 25, 2002

[FBIS Transcribed Text]     Beijing, Aug. 25 (XINHUA) -- The Xinhua News 
Agency was authorized on Sunday to promulgate the Regulations of the 
People's Republic of China on Export Control of Missiles and Missile- 
related Items and Technologies, which were signed by Premier Zhu Rongji 
last Thursday and went into effect as of the date of promulgation.   The 
full text of the regulations is as follows: 

    Regulations of the People's Republic of China on Export Control of 
Missiles and Missile-related Items and Technologies 

    Article 1 These Regulations are formulated for the purposes of 
strengthening export control of missiles and missile-related items and 
technologies, and safeguarding the State security and social and public 
interests. 

    Article 2 The export of missiles and missile-related items and 
technologies referred to in these Regulations means the export for trade 
of missiles and missile-related equipment, materials and technologies 
listed in "The Missiles and Missile-related Items and Technologies Export 
Control List" (hereinafter referred to as the Control List) attached to 
these Regulations, and the gift to, exhibition in, scientific and 
technological cooperation with, assistance to, provision of service for 
as such and other forms of technological transfer thereof to foreign 
countries and regions. 

    Article 3 The State shall exercise strict control on the export of 
missiles and missile-related items and technologies so as to prevent the 
proliferation of missiles and other delivering systems listed in the 
Control List that can be used to deliver weapons of mass destruction. 

    Article 4 The State shall practice a licensing system for the export 
of missiles and missile-related items and technologies.   Without being 
licensed, no unit or individual shall export missiles and missile-related 
items and technologies. 

    Article 5 The export of items and technologies listed in Part I of 
the Control List shall be subject to the Regulations of the People's 
Republic of China on Administration of Arms Export and other relevant 
provisions. 

    To export items and technologies listed in Part II of the Control 
List (hereinafter referred to as missile-related items and technologies), 
the exporter shall follow the examination and approval procedures 
provided for in Articles 7 to 13 of these Regulations; however, the 
export of missile-related items and technologies for military purpose 
shall be subject to the provisions of the preceding paragraph. 

    Article 6 The receiving party of missile-related items and 
technologies shall guarantee not to use missile-related items and 
technologies supplied by China for purposes other than the declared 
end-use, nor to transfer missile-related items and technologies supplied 
by China to any third party other than the declared end-user without the 
consent of the Chinese Government. 

    Article 7 Exporters of missile-related items and technologies shall 
register themselves with the competent department in charge of foreign 
economic relations and trade of the State Council ( hereinafter referred 
to as the competent foreign economic and trade department of the State 
Council).   Without such registration, no unit or individual shall export 
missile-related items and technologies.   The specific measures for such 
registration shall be formulated by the competent foreign economic and 
trade department of the State Council. 

    Article 8 Anyone who intends to export missile-related items and 
technologies shall apply to the competent foreign economic and trade 
department of the State Council, fill in the export application form for 
missile-related items and technologies ( hereinafter referred to as the 
export application form), and submit the following documents: 

    (1) identification of the applicant's legal representative, chief 
managers and the persons handling the deal; 

    (2) duplicates of the contract or agreement; 

    (3) technical specifications of the missile-related items and 
technologies; 

    (4) certificates of the end-user and end-use; 

    (5) documents of guarantee as defined in Article 6; 

    (6) other documents as may be required by the competent foreign 
economic and trade department of the State Council. 

    Article 9 An applicant shall truthfully fill in the export 
application form. 

    Export application forms shall be uniformly produced by the competent 
foreign economic and trade department of the State Council. 

    Article 10 The competent foreign economic and trade department of the 
State Council shall, from the date of receiving the export application 
form and the documents set forth in Article 8 of these Regulations, 
examine the application, or examine the application jointly with other 
relevant departments of the State Council and relevant departments of the 
Central Military Commission, and make a decision of approval or denial 
within 45 working days. 

    Article 11 Where the export of missile-related items and technologies 
entails significant impact on the State security, social and public 
interests, the competent foreign economic and trade department of the 
State Council shall, jointly with relevant departments, submit the case 
to the State Council and the Central Military Commission for approval. 

    Where the export of missile-related items and technologies is 
submitted to the State Council and the Central Military Commission for 
approval, the timing restriction set forth in Article 10 of these 
Regulations shall not be applied. 

    Article 12 Where an application for the export of missile- related 
items and technologies is examined and approved, the competent foreign 
economic and trade department of the State Council shall issue a licence 
for the export of missile-related items and technologies (hereinafter 
referred to as an export licence), and notify the Customs in writing. 

    Article 13 An export licence holder who intends to change the 
missile-related items and technologies originally applied for export 
shall return the original export licence and file a new application to 
obtain a new export licence according to relevant provisions of these 
Regulations. 

    Article 14 While exporting missile-related items and technologies, 
the exporter shall present the export licence to the Customs, complete 
the customs procedures and accept supervision and control of the Customs 
in accordance with the provisions of the Customs Law. 

    Article 15 Where the receiving party contravenes the guarantees made 
according to the provisions of Article 6 of these Regulations or there is 
a risk of proliferation of missiles and other delivering systems listed 
in the Control List that can be used to deliver weapons of mass 
destruction, the competent foreign economic and trade department of the 
State Council shall suspend or revoke the export licence granted and 
notify the Customs in writing. 

    Article 16 Where the exporter knows or should know that the 
missile-related items and technologies to be exported will be used by the 
receiving party directly in its program for developing missiles and other 
delivering systems listed in the Control List that can be used to deliver 
weapons of mass destruction, the export shall be subject to the 
provisions of these Regulations even if the items or technologies are not 
listed in the Control List. 

    Article 17 Upon approval by the State Council and the Central 
Military Commission, the competent foreign economic and trade department 
of the State Council may, jointly with relevant departments, temporarily 
decide to exercise export control on specific items and technologies 
other than those listed in the Control List in accordance with the 
provisions of these Regulations. 

    Article 18 Those who export missile-related items and technologies 
without being licensed, or export missile-related items and technologies 
beyond the scope of the export licence without authorization, shall be 
investigated for criminal liability in accordance with the provisions of 
the criminal law on the crime of smuggling, the crime of illegal business 
operations, the crime of divulging State secrets or other crimes; if such 
acts are not serious enough for criminal punishment, by distinguishing 
different circumstances, they shall be punished in accordance with 
relevant provisions of the Customs Law, or be given a warning, 
confiscated of their illegal income, and fined not less than one time but 
not more than five times the illegal income by the competent foreign 
economic and trade department of the State Council; the competent foreign 
economic and trade department of the State Council may concurrently 
suspend or even revoke the licensing for their foreign trade operations. 

    Article 19 Those who forge, alter, buy or sell the licence for the 
export of missile-related items and technologies shall be investigated 
for criminal liability in accordance with the provisions of the criminal 
law on the crime of illegal business operations or the crime of forging, 
altering, buying or selling official documents, certificates or seals of 
a State organ; if such acts are not serious enough for criminal 
punishment, they shall be punished in accordance with relevant provisions 
of the Customs Law, and the competent foreign economic and trade 
department of the State Council may concurrently revoke the licensing for 
their foreign trade operations. 

    Article 20 Where a license for the export of missile-related items 
and technologies is obtained by fraud or other illegal means, the 
competent foreign economic and trade department of the State Council 
shall revoke such an export license, confiscate the illegal income, 
impose a fine of not more than the illegal income, and suspend or even 
revoke the licensing for their foreign trade operations. 

    Article 21 Where, in violation of Article 7 of these Regulations, the 
export of missile-related items and technologies are operated without 
registration, the competent foreign economic and trade department of the 
State Council shall ban such illegal activities according to law, and 
relevant competent departments of the State shall impose punishment 
thereon in accordance with relevant laws and administrative regulations. 

    Article 22 Where the State functionaries in charge of control on the 
export of missile-related items and technologies abuse their powers, 
neglect their duties or extort or accept money or properties from others 
by taking advantage of their positions, they shall be investigated for 
criminal liability in accordance with the provisions of the criminal law 
on the crime of abuse of power, the crime of neglect of duties, the crime 
of accepting bribes and other crimes; if such acts are not serious enough 
for criminal punishment, they shall be given administrative sanctions 
according to law. 

    Article 23 In light of actual situations, the competent foreign 
economic and trade department of the State Council may, jointly with 
relevant departments, amend the Control List and submit it to the State 
Council and the Central Military Commission for approval before 
implementation. 

    Article 24 These Regulations shall be effective as of the date of 
promulgation. 


[Description of Source: Beijing Xinhua in English -- China's official 
news service for English-language audiences (New China News Agency)]