Measures of The People's Republic of China for The Administration of The Export Registration of Sensitive Items And Technologies

Measures of The People's Republic of China for The Administration of The Export Registration of Sensitive Items And Technologies
（Order No.35 in 2002 of the MOFTEC of China）

 　　The Measures of the People''s Republic of China for the Administration of the Export Registration of Sensitive Items and Technologies have been formulated on the basis of the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Nuclear Products and Affiliated Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Guided Missiles and Affiliated Items and Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Biological Products and Affiliated Equipments and Technologies, and the Measures for Controlling the Export of Relevant Chemical Products and Affiliated Technologies, and have been adopted at the 11th executive meeting of the MOFTEC. They are hereby promulgated for effect as of November 12, 2002. Shi Guangsheng, Minister of the MOFTEC November 12, 2002

　　Measures of the People''s Republic of China for the Administration of the Export Registration of Sensitive Items and Technologies

　　Article 1 With a view to regulating the management order of the export of sensitive items and technologies, and enhancing the administration of the export management of sensitive items and technologies, the present Measures have been formulated on the basis of the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Nuclear Products and Affiliated Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Guided Missiles and Affiliated Items and Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Biological Products and Affiliated Equipments and Technologies, and the Measures for Controlling the Export of Relevant Chemical Products and Affiliated Technologies.

　　Article 2 The term "sensitive items and technologies" as mentioned in the present Measures shall refer to any of the items and technologies as described in the name lists attached to the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Nuclear Products and Affiliated Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Guided Missiles and Affiliated Items and Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Biological Products and Affiliated Equipments and Technologies, and the Measures for Controlling the Export of Relevant Chemical Products and Affiliated Technologies.

　　Article 3 Any business operator that engages in the export of sensitive items and technologies （hereafter "business operator"） shall apply for registration with the Ministry of Foreign Trade and Economic Cooperation （hereafter "MOFTEC"） according to the provisions of the present Measures. No entity or individual may, without being registered, engage in the export of any sensitive item or technology.

　　Article 4 Any business operator that meet the following conditions may apply to the Department of Scientific and Technologic Development and the Import and Export of Technologies under the MOFTEC （hereafter "the Technology Department"） for registration.

　　（1） Having obtained a certificate of enterprise qualification for import and export or an approval certificate of foreign-funded enterprise upon the approval of the MOFTEC, and having obtained a business license issued by the administrative department of industry and commerce;

　　（2） Having passed the annual inspections of the administrative department of industry and commerce and the administrative department of foreign trade and economic cooperation;

　　（3） Having no record of criminal sanctions imposed by the state or administrative punishment imposed by relevant departments for engagement in illegal business operations within the recent three years;

　　（4） Having knowledge of the performance, indices and major uses of the items and technologies that it applies for management;

　　（5） Having a department or institution that takes charge of the export and after-sales follow-up services.

　　Article 5 To apply for registration, a business operator shall truthfully fill in and submit the following materials:

　　（1） Application Form of the People''s Republic of China for the Export Registration of Sensitive Items and Technologies （see Attachment I）;

　　（2） Business License of Legal Person Enterprise （in photocopy）;

　　（3） Qualifications Certificate of an Import & Export Enterprise （in photocopy） or Approval Certificate of a Foreign-funded Enterprise （in photocopy）.d.

　　Article 6 The Technology Department under the MOFTEC shall, within 10 workdays after receiving the application for registration, decide whether registration is to be granted. Where registration is to be granted, a Registration Certificate of the People''s Republic of China for the Export of Sensitive Items and Technologies （hereafter "Registration Certificate", see Attachment II） shall be issued, and to which the Special Seal of the People''s Republic of China for Export Control" shall be affixed. In case the materials submitted by the business operator is incomplete and need to be supplemented, the time limit for registration shall be counted as of the day when complete materials are received.

　　Article 7 No business operator may, in the process of applying for registration, deliberately conceal any true facts, provide any false information or obtain a Registration Certificate by any unlawful means.

　　Article 8 The Registration Certificate shall be valid to the registered business operator only, and may not be forged, altered, lent, leased or transferred.

　　Article 9 In case the name of the enterprise is changed or the enterprise is merged, split or rescinded, the business operator shall inform the Department of Technology under the MOFTEC and return the original Registration Certificate in good time. In case it need to continue engaging in the export of sensitive items and technologies, it shall go through registration procedures anew and obtain a new Registration Certificate.

　　Article 10 A Registration Certificate shall be valid for a term of three years. In case the business operator concerned needs to continue engaging in the export of sensitive items and technologies, it shall accomplish the change of Registration Certificates one month prior to the expiration of the valid term.

　　Article 11 In case any Registration Certificate is damaged or missing, the business operator concerned shall inform the Department of Technology under the MOFTEC and submit a written explanation in good time. If it needs to continue engaging in the export of sensitive items and technologies, it shall go through the procedures of registration anew, and obtain a new Registration Certificate.

　　Article 12 A business operator shall, when applying for approval certificates for the export of sensitive items and technologies, show its Registration Certificate.

　　Article 13 All registered business operators shall, when engaging in the export of sensitive items and technologies, rigidly comply to the laws, regulations and ministerial rules of the state concerning export control, and shall voluntarily accept the administration of the MOFTEC.

　　Article 14 Any business operator who unlawfully engages in the export of any sensitive item or technology without being registered shall be dealt with according to relevant statutory provisions including the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Nuclear Products and Affiliated Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Guided Missiles and Affiliated Items and Technologies, the Regulation of the People''s Republic of China on Controlling the Export of Dual-purpose Biological Products and Affiliated Equipments and Technologies, and the Measures for Controlling the Export of Relevant Chemical Products and Affiliated Technologies, etc.

　　Article 15 Any business operator that violates the provisions of eitherArticle 7 or 8 or 9 of the present Measures may, apart from being given a warning by the MOFTEC, be punished by having its Registration Certificate canceled according to relevant provisions.

　　Article 16 In case any registered business operator commits any act of violating any of the laws, regulations or ministerial rules of the state concerning export control in the process of managing the export of sensitive items or technologies, the MOFTEC may, apart from meting out punishments thereto according to relevant statutory provisions, cancel the Registration Certificate thereof according to relevant provisions. The business operator shall, after the Registration Certificate thereof being canceled, go through registration procedures anew before engaging in the export of sensitive items and technologies.

　　Article 17 The term "photocopy" as mentioned in the present Measures shall refer to one that bears the seal of the certificate issuing organ.

　　Article 18 The power to interpret the present Measures shall remain with the MOFTEC.

　　Article 19 The present Measures shall enter into force as of November 12, 2002. The Measures of the People''s Republic of China for the （Interim） Administration of the Export Registration of Guided Missiles and Affiliated Items and Technologies shall be repealed concurrently.

　　Attachment:　　1.Application Form of the People''s Republic of China for the Export Registration of Sensitive Items and Technologies（ommitted）

　　2.Certificate of the People''s Republic of China for the Export Registration of Sensitive Items and Technologies（ommitted）