(Promulgated by Decree No. 190 of the State Council on December 27, 1995)
Article 1 The present Rules are formulated with a view to strengthening the administration of monitored chemicals, safeguarding the safety of the citizens in the country and protection g the environment.
Article 2 All activities concerning manufacturing, trading and using of monitored chemicals within the territory of the People's Republic of China shall abide by the present Rules.
Article 3 Monitored chemicals stated in the present Rules refer to the chemicals under the following categories:
Category 1: Chemicals can be used as chemical weapons;
Category 2: Chemicals can be used to produce the semi-finished articles of chemical weapons;
Category 3: Chemicals can be used as the major raw materials to produce chemical weapons;
Category 4: Specific organic chemicals excluding explosive and pure hydrocarbon.
The catalogue of the above-mentioned monitored chemicals will be put forward by the department in charge of chemical industry under the State Council, and publicized after it is approved by the State Council.
Article 4 The department in charge of chemical industry under the State Council will be responsible for the administration of monitored chemicals of the whole country. The departments in charge of chemical industry under the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government will be responsible for the administration of monitored chemicals within their own administrative areas.
Article 5 Those engaged in manufacturing, trading and using of monitored chemicals shall, in the light of the present Rules and other related regulations in force in the country, report relevant information, data and purposes of their manufacturing, trading or using or monitored chemicals to the department in charge of chemical industry under the State Council or departments in charge of chemical industry under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and accept the examination and supervision of the departments in charge of chemical industry.
Article 6 The State shall exercise strict control on the manufacturing of monitored chemicals under Category 1.
The manufacturing of monitored chemicals under Category 1, for the purposes of scientific research, medical care, pharmaceutical manufacture or protection, shall be submitted for approval to the department in charge of chemical industry under the State Council, and carried out on small-scale facilities designated by the department in charge of chemical industry under the State Council.
Monitored chemicals under Category 1 shall be strictly prohibited to be manufactured in facilities which have not been designated by the department in charge of chemical industry under the State Council.
Article 7 Special permit administration shall be applied by the State to the manufacturing of monitored chemicals under Category 2 and 3, specific organic chemicals containing phosphorus, sulfur and fluorine under Category 4. No unit or individual can manufacture them without special permit. The measures for special permit administration will be formulated by the department in charge of chemical industry under the State Council.
Article 8 The construction of newly-built, extended or reconstructed facilities for the purposes of producing monitored chemicals under Category 2 and 3, and specific organic chemicals containing phosphorus, sulfur and fluorine under Category 4, can not be started until they are applied to, examined and signed by the departments in charge of chemical industry under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and approved by the department in charge of chemical industry under the State Council. Upon their completion, the facilities can not be put into production until they are checked to be qualified by the departments in charge of chemical industry under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, and approved by the department in charge of chemical industry under the State Council.
Newly-built, extended or reconstructed facilities for the purpose of producing specific organic chemicals without phosphorus, sulfur or fluorine under Category 4 shall be kept on files, before they are put into production, at the departments in charge of chemical industry under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government where they are located.
Article 9 Monitored chemicals shall be stored in special chemical warehouses with specific persons on duty. The storing conditions for monitored chemicals shall conform to relevant regulations in force in the country.
Article 10 Any unit storing monitored chemicals shall establish a strict examination and registration system for monitored chemicals departing from and entering into the warehouses. In the event of any lost or theft of monitored chemicals, the case shall be reported to the local public security department and the department in charge of chemical industry under the people's government of the local province, autonomous region or municipality directly under the Central Government without delay. The department in charge of chemical industry under the people's government of the local province, autonomous region or municipality directly under the Central Government shall be obligated to play a positive role in assisting the public security department to investigate and handle the case.
Article 11 Prompt disposition shall be imposed on deteriorated or expired monitored chemicals. The disposition measures shall be taken only after they are approved by the departments in charge of chemical industry under the people's governments of local provinces, autonomous regions or municipalities directly under the Central Government.
Article 12 The use of monitored chemicals under Category 1, for the purposes of scientific research, medical care, pharmaceutical manufacture or protection shall be applied to the department in charge of chemical industry under the State Council. Only after it is examined and approved by the department in charge of chemical industry under the State Council, by presenting the approval documents, can the contract be signed with manufacturing units designated by the department in charge of chemical industry under the State Council. The copy of the contract shall be sent to the department in charge of chemical industry under the State Council. The copy of the contract shall be sent to the department in charge of chemical industry under the State Council for the record.
Article 13 Those who need to use the monitored chemicals under Category 2 shall apply to local departments in charge of chemical industry under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government. Only after it is examined and approved by the departments in charge of chemical industry under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, by presenting the approval documents, can the contract be singed with the units selling the chemicals, which are designated by the department in charge of chemical industry under the State Council. The copy of the contract shall be sent to local departments of chemical industry under the people's governments of provinces, autonomous regions or municipalities the record.
Article 14 The units designated by the department in charge of chemical industry and the department in charge of foreign trade and economic cooperation under the State Council (hereinafter referred to as 'the Designated Units'), can be engaged in the import and export of monitored chemicals under Category 1, monitored chemicals and their producing technology and special equipment under category 2 and 3.
Those who need to import and export monitored chemicals under Category 1, monitored chemicals and their producing technology and special equipment under Category 2 and 3 shall entrust the Designated Units as their agents for import or export. No unit or individual other than the Designated Units can be engaged in such import and export.
Article 15 The State shall impose strict control over the import and export of monitored chemicals under Category 1. Monitored chemicals under Category 1 can only be imported for the purpose of scientific research, medical care, pharmaceutical manufacture and protection.
The Designated Units entrusted to import monitored chemicals under Category 1, shall apply to the department in charge of chemical industry under the State Council and submit the explanation and certificates of the products' final usage. After they are examined and signed by the department of chemical industry under the State Council, they shall apply for an import license to the department in charge of foreign trade and economic cooperation under the State Council.
Article 16 The Designated Units entrusted to import monitored chemicals and related producing technology or special equipment of Category 2 and 3, shall apply to the department of chemical industry under the State Council and submit the explanation and certificates of the imported chemicals, producing technologies or special equipments and their final usage. After they are examined and approved by the department in charge of chemical industry under the State Council, by presenting the approval documents of the department of chemical industry under the State Council, the Designated Units can apply for an import license to the department in charge of foreign trade and economic cooperation under the State Council.
Article 17 The Designated Units entrusted to export monitored chemicals under category 1, shall apply to the department of chemical industry under the State Council and submit the guarantee of the government or organizations entrusted by the government of the import country to assure that the imported chemicals be only used for the purposes of scientific research, medical care, pharmaceutical manufacture or protection, and they will not be re-exported to a third country. After they are examined and signed by the department of chemical industry under the State Council, they shall apply to the State Council for examination and approval. By presenting the approval documents, the Designated Units can apply for export licenses to the department in charge of foreign trade and economic cooperation under the State Council.
Article 18 The Designated Units entrusted to export monitored chemicals, related producing technology and special equipment under Category 2 and 3, shall apply to the department in charge of chemical industry under the State Council and submit the guarantee of the government or organization entrusted by the government of import country to assure that the imported chemicals, producing technology and special equipment will not be used to produce chemical weapons or re-exported to a third country. After they are examined and approved by the department in charge of chemical industry under the State Council. By presenting the approval documents of the department of chemical industry under the State Council, the Designated Units can apply for export licenses to the department in charge of foreign trade and economic cooperation under the State council.
Article 19 The use of monitored chemicals shall be in conformity with their reported purposes. Any alteration which is necessary to be made on purposes of the use, shall be applied to and ratified by the original approval department.
Article 20 Any units using monitored chemicals under Category 1 or 2 shall, in accordance with relevant regulations in force in the country, report regularly the quantity of these monitored chemicals they consumed and the quantity of their final products made from these monitored chemicals, to the departments in charge of chemical industry under the people's governments of local provinces, autonomous regions and municipalities directly under the Central Government. Article 21 Any manufacturing of monitored chemicals in violation of the present Rules shall be ordered to rectify within a limited period by the departments in charge of chemical industry under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. A fine no more than RMB 200,000 yuan will be imposed if the rectification is not made within the limited period. As to those who constitute a serious violation of the present Rules, suspension of production and rectification can be imposed by the people's governments of the local provinces, autonomous regions and municipalities directly under the Central Government.
Article 22 Any use of monitored chemicals in violation of the present Rules shall be ordered to rectify within a limited period by the departments in charge of chemical industry under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. A fine no more than RMB 50,000 yuan will be imposed if the rectification is not made within the limited period.
Article 23 As to those who are engaged in the trade of monitored chemicals in violation of the present Rules, their illegally-traded monitored chemicals and unlawful income will be confiscated by the departments in charge of chemical industry under the people's governments of provinces, autonomous regions and municipalities directly under the Central government. A fine with its amount more than 1 time and less than 2 times of their illegal business turnover can be also imposed.
Article 24 Those who hide or refuse to report the information and data on monitored chemicals, or hinder and obstruct the departments in charge of chemical industry from fulfilling the duty of examination and supervision in accordance with the present Rules, in violation of the present Rules, will be imposed a fine no more than RMB 50,000 yuan by the departments in charge of chemical industry under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 25 Any violation against the present Rules, if it constitutes a violation against regulations of public order, shall be punished in accordance with relevant rules of the Administrative and Punishment Regulations on Public Order of the People's Republic of China; if the violation constitutes a crime, it shall be prosecuted for criminal responsibilities in accordance with relevant laws.
Article 26 Those who manufactured, traded or used the monitored chemicals before the implementation of the present Rules shall, in accordance with the present Rules, go through relevant formalities.
Article 27 The present Rules shall come into force upon promulgation.
