People's Republic of Nuclear Dual-Use Items and Related Technologies Export Control Regulations Wikipedia card "People's Republic of Nuclear Dual-Use Items and Related Technologies Export Control Regulations" for the June 10, 1998 The People's Republic of China State Council Order No. 245 issued thereunder, and according to 2007 on January 26, "the State Council on Revising's decision" amendments.
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Full State Council on Amending the Regulations Regulations Regulations decide to edit the text of this paragraph, China Nuclear Dual-Use Items and Related Technologies Export Control Regulations (June 10, 1998 The People's Republic of China State Council Order No. 245 issued , according to the January 26, 2007, "the State Council on Revising 's decision" Amendments) In order to strengthen the nuclear dual-use items and related technologies export controls to prevent the proliferation of nuclear weapons to prevent acts of nuclear terrorism, and promote international cooperation in the peaceful uses of nuclear energy, safeguard national security and social public interests, the enactment of this Ordinance. Article 2 The term nuclear export of dual-use items and related technologies, refers to the "Nuclear Dual-Use Items and Related Technologies Export Control List" (hereinafter referred to as "control list") listed in the equipment, materials, software and related technology-trade exports and the gift to, exhibition, scientific and technological cooperation, assistance, services and transfers in other ways. Article 3 The State Nuclear Dual-Use Items and Related Technologies Export strict controls, strictly fulfilled its international obligations in the non-proliferation of nuclear weapons, prevent nuclear dual-use items and related technologies for nuclear explosive purposes or acts of nuclear terrorism. To safeguard national security and international peace and security, the state of the nuclear export of dual-use items and related technologies can take any necessary action. Article IV Nuclear Dual-Use Items and Related Technologies Export, shall comply with the relevant laws, administrative regulations and the provisions of this Ordinance shall not prejudice national security and public interests. Article 5 The State Nuclear Dual-Use Items and Related Technologies Export license management system. Article VI of nuclear dual-use items and related technologies export license should be based on the recipient's assurance that: (a) the receiving party guarantees not to use China-supplied nuclear dual-use items and related technologies, or any of its reproductions as well as for nuclear explosive purposes other than the declared end-use for other purposes. (Two) the receiving party guarantees not to use China-supplied nuclear dual-use items and related technologies, or any copies not accepted the IAEA safeguards for nuclear fuel cycle activities. This provision does not apply with the International Atomic Energy Agency has entered into a voluntary safeguards agreements. (Three) the receiving party guarantee, without the Chinese government to allow, supplied by China's nuclear dual-use items and related technologies, or any copies of the declared third party other than the end user. Article engaged in nuclear export of dual-use items and related technologies operator, subject to the Ministry of Commerce registration. Without such registration, no unit or individual shall export of nuclear dual-use items and related technologies exported. The specific method for registration of the Ministry of Commerce regulations. Article VIII export "control list" of nuclear dual-use items listed and related technologies, should apply to the Ministry of Commerce, fill in the nuclear export of dual-use items and related technologies application form (hereinafter referred to as the export application form), and submit the following documents: (a ) the applicant's legal representative, chief managers and the manager identification; (two) copies of the contract or agreement; (three) of nuclear dual-use items and related technologies or technical description of the test report; (four) the end-user and end-use; (five) under Article VI of the Ordinance to ensure instruments; (six) Commerce Department requests submitted by other files. Article IX Nuclear Dual-Use Items and Related Technologies Export, belonging to participate in overseas exhibitions, overseas Chinese-occupied, outside maintenance, and transported into the country within the prescribed period, or are transported out of the territory seized repair and other circumstances stipulated by the Ministry of Commerce of In the application for examination and approval by the Ministry of Commerce, may be exempted from the provisions submitted to the provisions of Article 8 of the relevant documents. Article applicant shall truthfully fill in the export application form. Export application form uniformly printed by the Commerce Department. Article XI Ministry of Commerce should be receiving the export application form and the documents specified in Article 8 of the Regulations of the day, in conjunction with the State Agency State Agency or business departments, involving foreign policy, and the quotient of Foreign Affairs, for review and 45 working days to make a decision of approval or denial. Article XII of national security, public interests or foreign policy have a significant impact on nuclear export of dual-use items and related technologies, the Ministry of Commerce in conjunction with the relevant departments of the State Council for approval. The State Council for approval from the provisions of Article XI of the prescribed time limit. Article XIII Nuclear Dual-Use Items and Related Technologies Export application is examined and approved by the Ministry of Commerce issued Nuclear Dual-Use Items and Related Technologies Export license (hereinafter referred to as the export license). Article XIV export license holders to change the original application for the nuclear export of dual-use items and related technologies, it shall return the original export license and in accordance with the relevant provisions of this Ordinance, re-apply for and obtain export license. Article XV Nuclear Dual-Use Items and Related Technologies Export, the exporter shall present the export license to the Customs in accordance with the provisions of the Customs Law Customs formalities, and subject to Customs control. Article XVI customs may exporters who export equipment, materials, software and related technologies need to handle nuclear dual-use items and related technologies export license questioned, and may request it to apply to the Ministry of Commerce is a nuclear dual-use items and Related Technologies Export Control range of supporting documents; belong nuclear dual-use items and related technologies export control range, the exporter shall apply in accordance with the provisions of this Ordinance to obtain nuclear dual-use items and related technologies export license. Specific measures by the Ministry of Commerce, General Administration of Customs jointly developed. Article XVII receiving party in breach of its provisions in accordance with the provisions of Article 6 guarantees made or there is nuclear proliferation and nuclear terrorism danger, the Commerce Department should have issued export license be suspended or revoked, and to be informed in writing department. Article XVIII exporter shall establish and improve the nuclear export of dual-use items and related technologies internal control mechanisms, and keep the relevant contracts, invoices, receipts, business correspondence and other information, retention period of not less than five years. Ministry of Commerce may read and copy relevant information. Article XIX exporter knows or ought to know, or notify the Ministry of Commerce, its export equipment, materials, software and related technology proliferation risks exist or might be used for the purpose of nuclear terrorism, even if the equipment, materials , software and related technology are not included in the "control list" should also be in accordance with the provisions of these Regulations. Article 20 Upon approval of the State Council, the Ministry of Commerce in conjunction with relevant departments can temporarily decided to "control list" outside the specific dual-use items and related technologies of nuclear export in accordance with the provisions of these Regulations. Preceding paragraph specific nuclear dual-use items and related technologies export, in accordance with the provisions of these Regulations shall under license. Article 21 The Ministry of Commerce organized relevant experts consisting of nuclear dual-use items and related technologies export control advisory committee, undertake Nuclear Dual-Use Items and Related Technologies Export consulting, assessment, feasibility studies and other work. Article 22 The Ministry of Commerce, Ministry of Commerce, together with relevant departments can or suspected violation of these regulations on the conduct of investigations, stop it. When necessary, the Ministry of Commerce can be proposed exit equipment, materials, software and related technology to the briefing customs, on which subject to customs supervision of goods, the Customs may inspect and detain. Outside the area of customs supervision of goods under customs supervision does not belong to the Ministry of Commerce may seal or detained. The relevant units and individuals shall cooperate and assist. Violation of Article 23 of this Ordinance, the export of nuclear dual-use items, in accordance with the provisions of the Customs Act penalties. Violation of the provisions of these Regulations, the export of nuclear dual-use items related technologies, given a warning by the Commerce Department, the illegal operations are 10,000 times more than five times the fine; illegal turnover of less than 50,000 yuan, 50,000 yuan more than 250,000 yuan fined; illegal income, confiscate the illegal income; constitutes a crime, be held criminally responsible. Twenty-four forged, altered or trading export license, in accordance with relevant laws and administrative regulations punishment; constitute a crime, be held criminally responsible. Deception or other improper means to obtain an export license, the Ministry of Commerce export license confiscated its parts, the illegal operations are 10,000 times more than five times the fine; illegal turnover of less than 50,000 yuan, 50,000 yuan more than 25 million fine; illegal income, confiscate the illegal income; constitutes a crime, be held criminally responsible. Twenty-five pairs of Nuclear Dual-Use Items and Related Technologies Export Control over national staff dereliction of duty, favoritism or abuse of power constitutes a crime, be held criminally responsible; does not constitute a crime, shall be punished. Article 26 The Ministry of Commerce in conjunction with the National Atomic Energy Agency and the relevant departments, according to the actual situation of the "control list" to make adjustments, and made public. Article 27 The People's Republic of China concluded or acceded to an international treaty has different provisions of this Ordinance,Online discount stores On Sale Nike Lunar VII Mens Grey Yellow shoes , the provisions of applicable international treaties; However,2013 Nike CTR360 Maestri III AG White Black Orang Soccer Cleats 20121229, China has made reservations terms thereof. Article 28 of nuclear dual-use items and related technologies from bonded zones, export processing zones and other areas under special customs supervision and export supervision warehouse, bonded logistics center bonded supervision areas such as export, the application of this Ordinance. Nuclear dual-use items and related technologies transit, transshipment and through, with reference to the provisions of these Regulations. Article 29 These Regulations shall come into force from the date. [1] Edit this paragraph the State Council's decision on amending the Regulations of the PRC State Council Order No. 484 is hereby notified that the "State Council on Revising 's decision", since the date of publication implementation. Premier Wen Jiabao ○ ○ 七年's Congress on 一月 二十 on revising the "People's Republic of Nuclear Dual-Use Items and Related Technologies Export Control Regulations," the State Council decided the decision of the "People's Republic of Nuclear Dual-Use Items and Related Technologies Export Control Regulations" for modified as follows: First, the first amended as follows: "In order to strengthen the nuclear dual-use items and related technologies export controls to prevent the proliferation of nuclear weapons and preventing acts of nuclear terrorism, and promote international cooperation in the peaceful uses of nuclear energy, safeguard national security and social public interests of the enactment of this Ordinance. "Second, the second amended as follows:" The term nuclear export of dual-use items and related technologies, refers to the "Nuclear Dual-Use Items and Related Technologies Export Control List" (hereinafter referred to as "control list") listed equipment, materials, software and related technology exports and external trade of gifts, exhibitions, scientific and technological cooperation, assistance, services and transfers in other ways. "three, the third is amended as follows:" The state of nuclear two Items and Related Technologies Export strict controls, strictly fulfilled its international obligations in the non-proliferation of nuclear weapons, prevent nuclear dual-use items and related technologies for nuclear explosive purposes or acts of nuclear terrorism. "to safeguard national security and international peace and security, for nuclear export of dual-use items and related technologies can take any necessary action. "Four, Article VI is amended as:" Nuclear Dual-Use Items and Related Technologies Export license, should be based on the recipient's assurance that: (a) the receiving party guarantees not to use China-supplied nuclear dual-use items and related technologies, or any of its reproductions as well as for nuclear explosive purposes other than the declared end-use for other purposes. (Two) the receiving party guarantees not to use China-supplied nuclear dual-use items and related technologies, or any copies not accepted the IAEA safeguards for nuclear fuel cycle activities. This provision does not apply with the International Atomic Energy Agency has entered into a voluntary safeguards agreements. (Three) the receiving party guarantee, without the Chinese government to allow, supplied by China's nuclear dual-use items and related technologies, or any copies of the declared third party other than the end user. "Five, the eighth paragraph (c) is amended as follows:" Nuclear Dual-Use Items and Related Technologies technical specifications or test reports "; (d) is amended as follows:" end-user and end-use certificates. "Six, will Article 9 is amended as follows: "Nuclear Dual-Use Items and Related Technologies Export, belonging to participate in overseas exhibitions, overseas Chinese-occupied, outside maintenance, and transported into the country within the prescribed period, or are transported out of the territory seized repair and Commerce Department regulations in other circumstances, and in the application review and approval by the Ministry of Commerce, may be exempted from the provisions submitted to the provisions of Article 8 of the relevant documents. "Seven, the Article 11 is amended as follows:" the Ministry of Commerce should be receiving the export application form and the documents specified in Article 8 of the Regulations of the day, in conjunction with the State Agency State Agency or business departments, involving foreign policy of, and providers of Foreign Affairs, for review and 45 working days to make a decision of approval or denial. "Eight, Article 12 shall be amended to read:" to national security, public interests or foreign policy have a significant impact on nuclear export of dual-use items and related technologies, the Ministry of Commerce in conjunction with the relevant departments of the State Council for approval. "Nine, is added as Article XVI:" Customs exporters who can export equipment, materials, software and related technologies need to handle nuclear dual-use items and related technologies export license questioned, and may request it to Business whether to apply for the Ministry of Nuclear Dual-Use Items and Related Technologies Export Control range of supporting documents; belong nuclear dual-use items and related technologies export control range, the exporter shall apply in accordance with the provisions of this Ordinance to obtain nuclear dual-use items and related technologies export license . Specific measures by the Ministry of Commerce, General Administration of Customs jointly developed. "Ten, Article 16 is changed to Article 17 is amended as:" the receiving party in breach of its provisions in accordance with the provisions of Article 6 guarantees made or there is nuclear proliferation and nuclear terrorism danger, the Commerce Department should has issued export license be suspended or revoked, and notify authorities. "Eleven, added as Article XVIII:" export operators should establish and improve the nuclear export of dual-use items and related technologies internal control mechanisms, and keep the relevant contracts, invoices, receipts, business correspondence and other information, retention period less than 5 years. Ministry of Commerce may read and copy relevant information. "Twelve, is added as Article XIX:" exporter knows or ought to know, or notify the Ministry of Commerce, its export equipment, materials, software and related technology proliferation risks exist or might be used for nuclear terrorist purposes, even if the equipment, materials, software and related technology are not included in the "control list" should also be in accordance with the provisions of these Regulations. "Thirteen, will be replaced by Article XVII Article 20 is amended as:" the State Council, the Ministry of Commerce in conjunction with relevant departments can temporarily decided to "control list" outside the specific dual-use items and related technologies of nuclear export in accordance with The provisions of these Regulations. "In the preceding paragraph specific nuclear dual-use items and related technologies export, in accordance with the provisions of these Regulations shall be permitted through." XIV is added as Article 21: "Commerce Department organized relevant experts composed of nuclear dual-use items and Related Technologies Export Control Advisory Committee to undertake nuclear dual-use items and related technologies export control consulting, assessment, feasibility studies and other work. "fifteen, is added as Article 22:" the Ministry of Commerce or the relevant departments of the Ministry of Commerce in conjunction with the alleged violations of the provisions of this Ordinance investigation into the conduct to stop if necessary, the Commerce Department can be proposed exit equipment, materials, software and related technology to the briefing customs, on which subject to customs supervision of goods, the Customs may inspect and detain . outside the region for customs supervision of goods under customs supervision does not belong to the Ministry of Commerce may seize or detain the relevant units and individuals shall cooperate and assist. "sixteen, the Article 18 becomes Article 23 and amended as follows: "violation of the provisions of these Regulations, the export of nuclear dual-use items, in accordance with the provisions of the Customs Act penalties." in violation of the provisions of these Regulations, the export of nuclear dual-use items related technologies, given a warning by the Commerce Department, the illegal operations are 10,000 more than five times fined; illegal turnover of less than 50,000 yuan, 50,000 yuan more than 250,000 yuan shall be imposed; illegal income, confiscate the illegal income; constitutes a crime, be held criminally responsible. "Seventeen, will be replaced by Article XIX Article 24 is amended as:" forged, altered or trading export license, in accordance with relevant laws and administrative regulations punishment; constitute a crime, be held criminally responsible . "Deception or other improper means to obtain an export license, the Ministry of Commerce export license confiscated its parts, the illegal operations are 10,000 times more than five times the fine; illegal turnover of less than 50,000 yuan,2013 Football Boots Soccer Cleats Shoes adidas adipower Predator XI TRX FG Blue White Green , 50,000 yuan more than 250,000 yuan shall be imposed; illegal income, confiscate the illegal income; constitutes a crime, be held criminally responsible. "eighteen, twenty-one to twenty-six will be revised as follows:" The Ministry of Commerce National Atomic Energy Agency and the relevant departments, according to the actual situation of the "control list" to make adjustments, and to the public. "nineteen, is added as Article 28:" Nuclear Dual-Use Items and Related Technologies from bonded zones, export processing zones and other areas under special customs supervision and export supervision warehouse, bonded logistics center bonded supervision areas exit the application of this Ordinance. "nuclear dual-use items and related technologies transit, transshipment and through, with reference to the provisions of these Regulations. "In addition, the provisions of the order on the part of the text and made the appropriate adjustments and modifications. Since the publication date of this decision into effect." People's Republic of Nuclear Dual-Use Items and Related Technologies Export Control Regulations, "according to the decision subject to revision, re- announced.
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