中华人民共和国军品出口管理条例
|
国务院令第234号 Chapter I General Provisions Article 1 These Regulations are formulated with a view to enhancing unified export control of military goods and maintaining normal order in the export of military goods. Article 2 Export of military goods referred to in these Regulations means export for trade purposes of the equipment, special-purpose production equipment and other materiel, technologies and related services to be used for military purposes. Article 3 The State Control Commission for Military Goods Trade of the People's Republic of China (here in after referred to as the State Control Commission for Military Goods Trade) shall, under the leadership of the State Council and the Central Military Commission, take charge of the work of military goods export nationwide. The State Military Goods Trade Bureau of the People's Republic of China (hereinafter referred to as the State Military Goods Trade Bureau), the executive agency of the State Control Commission for Military Goods Trade, shall exercise supervision and control over military goods export nationwide. Article 4 The State practises the uniform military goods export control system, prohibits any act of military goods export to the detriment of national interests and security and ensures normal order in military goods export in accordance with law. Article 5 Military goods export shall abide by the following principles: (1) to be instrumental to the just self-defense capabilities of the acceptor nation; (2) to be not detrimental to peace, security and stability in the region concerned and the world; and (3) non-interference in the internal affairs of the acceptor nation. Article 6 In the case of different provisions in international treaties the People's Republic of China has concluded and acceded to with these Regulations, the provisions of the international treaties shall apply; however, the articles about which the People's Republic of China has stated its reservations are exceptions. Chapter II Military Goods Trading Companies Article 7 The military goods trading companies referred to in these Regulations mean corporate enterprises engaging in military goods export business operations with acquisition of the management right of military goods export in accordance with law and within the verified business scope. Article 8 Military goods export management right shall be subject to the examination and approval of the State Control Commission for Military Goods Trade. Specific measures shall be formulated by the State Control Commission For Military Goods Trade. Article 9 Military goods trading companies shall practise autonomous management and be responsible for their profits and losses. Article 10 Military goods trading companies shall abide by the contract, guarantee commodity quality and improve after-sales service. Article 11 Military goods trading companies shall, pursuant to the provisions of the State Control Commission for Military Goods Trade, truthfully present the documents and material relating to their business operations in military goods export to the departments concerned. The departments concerned shall keep the business secrets for the military goods trading companies and safeguard the legitimate rights and interests of the military goods trading companies. Article 12 Military goods trading companies may entrust approved shipping agencies for military goods export in the handling of transportation and related business for military goods export for them. Specific measures shall be formulated by the State Control Commission for Military Goods Trade. Chapter III Military Goods Export Control Article 13 The State practises the licence system for military goods export. Applications shall be filed for the examination and approval of the items and contracts of military goods export pursuant to the provisions of these Regulations. Military goods export shall be effected on the strength of a Military goods export licence. Article 14 Military goods export items shall be subject to the examination and approval of the State Military Goods Trade Bureau or the State Military Goods Trade Bureau in conjunction with the departments concerned under the State Council and the Central Military Commission. Article 15 A military goods trading company may, upon approval of the military goods export items, conclude a military goods export contract with a foreign party. An application shall be filed with the State Military Goods Trade Bureau for examination and approval upon conclusion of the military goods export contract; the State Military Goods Trade Bureau shall, within 15 days from the date of receipt of the application, make a decision on the approval or non-approval thereof. The military goods export contract shall become established only upon approval. A military goods trading company shall, when filing an application for the approval of the military goods export contract, enclose effective testimonial documents of the acceptor nation. Article 16 Major military goods export items and contracts shall be subject to the examination of the State Control Commission for Military Goods Trade and submitted to the State Council and the Central Military Commission For approval. Article 17 A military goods trading company shall, prior to military goods export, apply to the State Military Goods Trade Bureau for a military goods export licence on the strength of the approval document of the military goods export contract; the State Military Goods Trade Bureau shall, within five days from the receipt of the application, issue the military goods export licence to the applicant found to conform to the provisions of the military goods export contract. The Customs shall accept the declaration on the strength of the military goods export licence and handle inspection and clearance pursuant to relevant state provisions. Article 18 Measures for the examination and approval of items and contracts of military goods export and measures for the issuance of military goods export licences shall be formulated by the State Control Commission for Military Goods Trade. Article 19 The State Military Goods Trade Bureau shall, in conjunction with the departments concerned, issue a military goods export notice for the export of military goods. The departments and local people's governments concerned shall, on receipt of the military goods export notice and pursuant to the relevant state provisions, conscientiously fulfil their duties to ensure the safety, rapidity and accuracy in military goods export. Chapter IV Military Goods Export Order Article 20 No unit or organization shall engage in business operations of military goods export without the acquisition of military goods export management right. The State prohibits any individual from engaging in business operations of military goods export. Article 21 Military goods trading companies shall, in business operations of military goods export, abide by the provisions of laws and administrative regulations and maintain the normal order in military goods export. Article 22 No military goods trading company shall, in business operations of military goods export, commit the following acts: (1) endangering national security or public interest of society; (2) squeezing its competitive opponent out with unfair means of competition; (3) infringing on intellectual property rights under the protection of the laws of the People's Republic of China; (4) forging, altering, acquiring through fraud or transferring such documents and licence as the approval document for military goods export items, the approval document for contract, the licence and the effective testimonial document of the acceptor nation; (5) operating beyond the verified business scope; and (6) other acts in violation of the provisions of laws and administrative regulations. Article 23 The State Military Goods Trade Bureau may, when it deems necessary or at the request of a military goods trading company, deal with acts of hindering the normal order in military goods export. Chapter V Legal Liability Article 24 Any military goods trading company in violation of the provisions of Article 11 of these Regulations shall be ordered by the State Military Goods Trade Bureau to make a rectification within a specified period and administered a warning; any military goods trading company that fails to make a rectification on expiry of the specified period shall be revoked of its management right of military goods export by the State Military Goods Trade Bureau which shall report the case to the State Control Commission for Military Goods Trade. Article 25 Any military goods trading company in violation of the provisions of Article 21 and Article 22 of these Regulations shall be penalized by the competent departments concerned pursuant to the provisions of relevant laws and administrative regulations and may be revoked of its management right of military goods export by the State Military Goods Trade Bureau which shall report the case to the State Control Commission for Military Goods Trade. Article 26 The State Military Goods Trade Bureau shall ban the illegal operations in violation of the provisions of Article 20 of these Regulations, and the competent departments concerned of the State shall, pursuant to the provisions of relevant laws and administrative regulations, impose a penalty. Article 27 Criminal liability shall be investigated in accordance with law for violation of the provisions of these Regulations that constitutes a crime. Article 28 A military goods trading company which has objections to the penalty decision revoking its management right of military goods export may, within 15 days from the date of receipt of the penalty notice, apply to the State Control Commission for Military Goods Trade for reconsideration. The State Control Commission for Military Goods Trade shall, within 15 days from the date of receipt of the application for reconsideration, make a reconsideration decision which shall be the final decision. Article 29 Functionaries of state military goods trade administration whose negligence of duty, indulgence in self-seeking misconduct, abuse of power or acceptance or extortion of other people's property by taking advantage of their positions constitutes a crime shall be investigated of the criminal liability in accordance with law; where a crime has not been constituted, administrative sanctions shall be imposed in accordance with law. Chapter VI Supplementary Provisions Article 30 These Regulations shall apply to the export of police equipment. Article 31 These Regulations shall enter into force as of January 1, 1998. |
