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Interim Provisions on Administration of the Export of Precursor Chemicals to Particular Countries (Regions)

Article 1 With a view to preventing precursor chemicals from entering into particular countries (regions) for drug production and regulating the export of precursor chemicals, the present Provisions are formulated according to the Foreign Trade Law of the People's Republic of China and the relevant laws and administrative regulations.

Article 2 The term "precursor chemicals" as mentioned in the present Provisions refers to those chemicals as listed in Attachment I of the present Provisions, namely, "Catalogue for the Administration of the Export of Precursor Chemicals to Particular Countries (Regions)". The Ministry of Commerce shall, together with the Ministry of Public Security, the General Administration of Customs, the State Administration of Work Safety and the State Food and Drug Administration, adjust and promulgate the Catalogue for the Administration of the Export of Precursor chemicals to Particular Countries (regions) where necessary.

Article 3 The term "particular countries (regions)" as mentioned in the present Provisions refers to those countries (regions) as listed in Attachment II of the present Provisions, namely, "Catalogue of Particular Countries (Regions)". The Ministry of Commerce shall, together with the Ministry of Public Security, the General Administration of Customs, the State Administration of Work Safety and the State Food and Drug Administration, adjust and promulgate the Catalogue of Particular Countries (regions) where necessary.

Article 4 The State adopts the licensing administration to the export of precursor chemicals to particular countries (regions).

No precursor chemicals may be exported to particular countries (regions) without permission.

For the export of precursor chemicals to particular countries (regions), the relevant export license shall be submitted to the Customs for verification, and the Customs shall handle the relevant formalities for export inspection and clearance upon the strength of the export license.

Article 5 The export license for precursor chemicals shall be subject to the system of "one license for one batch" and "one license for one customs declaration".

Where the precursor chemicals under one contract need to be exported by batches, the exporter shall bring it forward in the export application and the Ministry of Commerce shall, after examination and approval, issue a corresponding number of export licenses. No more than twelve batches may be applied for in one application.

Article 6 The export of precursor chemicals to particular countries (regions) shall be subject to the international inspection system.

Article 7 Where an exporter plans to export precursor chemicals to particular countries (regions), it shall file an application with the local provincial commercial administrative department and submit the following materials in written form:

(1) An Application Form for the Export of Precursor chemicals in duplicate;

(2) The duplicate of the export contract (agreement);

(3) The original of the certificate issued by the competent governmental department of the importing country (area) regarding the lawful use of precursor chemicals or the document of guaranty regarding the lawful use by the importer;

(4) The photocopy of the exporter's business license; and

(5) The photocopy of the record-keeping and registration form for foreign trade operators (the photocopy of the approval certificate affixed with a conformity mark of joint annual inspection as submitted by a foreign-funded enterprise).

Article 8 The competent commerce department at the provincial level shall, within three days as of the date of receipt of an application, conduct the preliminary examination and submit its preliminary examination opinions and relevant materials to the Ministry of Commerce for examination and approval if the application is found to be eligible upon preliminary examination.

Article 9 The Ministry of Commerce shall finish the examination within five days as of the date of receipt of the preliminary examination opinions from the provincial competent commerce department, and deliver its examination opinions and relevant materials to the Ministry of Public Security for international inspection if the application is found to be eligible upon examination.

Article 10 The Ministry of Public Security shall send the materials for inspection to the competent governmental department of the importing country (area) within three days after receiving the examination opinions and relevant materials from the Ministry of Commerce.

The Ministry of Public Security shall inform the Ministry of Commerce in writing within three days after receiving the notice of confirmation from the competent governmental department of the importing country (area).

The Ministry of Commerce shall make a decision of approval or disapproval within five days after receiving the written notice from the Ministry of Public Security.

Article 11 When applying for obtaining a license for export of precursor chemicals, an exporter shall make declaration faithfully and shall not resort to fraud. It is strictly prohibited from obtaining the export license for precursor chemicals by fraud or any other improper means.

The export license for precursor chemicals may not be forged, altered, bought or sold.

Article 12 The relevant administrative departments for the export of precursor chemicals shall establish a system for the purpose of information intercommunication and electronic data network inspection.

Article 13 Where an entity or an individual violates the present Provisions, illegally exports precursor chemicals to particular countries (regions), illegally exports precursor chemicals beyond the licensed scope, forges, alters, buys or sells the export license for precursor chemicals or obtains the export license for precursor chemicals by fraud or any other improper means, it (he) shall be punished pursuant to the Foreign Trade Law and the relevant laws and administrative regulations; and if a crime is constituted, it (he) shall be investigated for criminal liabilities.

Article 14 Where any State functionary in charge of the export of precursor chemicals neglects his duties, practice favoritism, misuses his authorities, demand properties from others by taking advantage of his job opportunity, or accepts other's properties for seeking interests for others, he shall be subject to criminal liabilities if a crime is constituted; or if no crime is constituted, he shall be subject to administrative sanctions.

Article 15 The present Provisions shall apply to export of precursor chemicals from a bonded zone, export processing zone or any other Customs surveillance area or bonded area into particular countries (regions).

No export license needs to be obtained for shipping precursor chemicals from a domestic place into a bonded zone, export processing zone or any other Customs surveillance area or bonded area or passing precursor chemicals in and out between the aforesaid customs surveillance areas and bonded areas.

Article 16 Where the export of precursor chemicals to particular countries (regions) is not covered by the present Provisions, the export shall be in line with the relevant provisions in the Provisions on the Import-export Administration of Precursor Chemicals as formulated by the former Ministry of Foreign Trade & Economic Cooperation (promulgated by Order No. 4 [1999] of the Ministry of Foreign Trade & Economic Cooperation) and the Provisions on the Administration of Import-export International Inspection of Precursor chemicals as jointly formulated by the former Ministry of Foreign Trade & Economic Cooperation and the Ministry of Public Security (promulgated by Order No. 147 [2002] of the Ministry of Foreign Trade & Economic Cooperation).

Article 17 The present Provisions shall go into effect as of September 1, 2005.

All information published in this website is authentic in Chinese. English is provided for reference only.

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