中华人民共和国监控化学品管理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON MANAGEMENT OF CHEMICALS SUBJECT TO

val of the State Council serving as certification， may apply for an import license to the department in charge of foreign trade and economic cooperations under the State Council.

　　Article 16 Designated units， when commissioned to import second or third category chemicals subject to supervision and control or their production technology or special equipment， shall file an application with the department in charge of chemical industry under the State Council and present a written explanation and testimony of the final use of the chemicals， technology or equipment which are to be imported. After the application has been examined and approved by the department in charge of chemical industry under the State Council， the units may， with the instrument of approval of the department in charge of chemical industry under the State Council serving as certification， apply for an import license to the department in charge of foreign trade and economic cooperations under the State Council.

　　Article 17 When commissioned to export first category chemicals subject to supervision and control， designated units shall file an application with the department in charge of chemical industry under the State Council and present a written pledge made out by the government or an agency authorized for that purpose by the government of the import country stating that the chemicals to be imported will be used for research， medical， pharmaceutical or defense purposes only and will not be transferred to a third country. After the application has been examined， commented on and signed， it shall be submitted to the State Council for approval. The units may， with the instrument of approval of the State Council serving as certification， apply for an export license to the department in charge of foreign trade and economic cooperations under the State Council.

　　Article 18 Designated units， when commissioned to export the second or third category of chemicals subject to supervision and control or production technology or special equipment thereof， shall file an application with the department in charge of ch

emical industry under the State Council and present a written pledge made out by the government or an agency authorized for that purpose by the government of the import country stating that the chemicals， production technology and special equipment to be imported will not be used to make chemical weapons and will not be transferred to a third country. After the application has been examined and approved by the department in charge of chemical industry under the State Council， the designated units may， with the instrument of approval of the department in charge of chemical industry under the State Council serving as certification， apply for an export license to the department in charge of foreign trade economic cooperations under the State Council.

　　Article 19 The use of chemicals subject to supervision and control shall conform with the purposes declared. Any changes in the purpose of use shall be subject to the approval of the original organs of examination and approval.

　　Article 20 Whoever uses the first or second category of chemicals subject to supervision and control shall， according to corresponding state regulations， regularly report to the department in charge of chemical industry under the people's government of the respective province， autonomous region or municipality directly under the central government the quantity of chemicals already consumed and the quantity of the final product made from chemicals subject to supervision and control.

　　Article 21 Whoever produces chemicals subject to supervision and control against the present regulations shall be charged with making a correction within a specified time by the department in charge of chemical industry under the people's government of the respective province， autonomous region or municipality directly under the central government. If the offense is not corrected within the specified time， a fine of up to 200，000 yuan may be imposed. If the offense is serious， the case may be referred to the people's government of the province， autonomous region or municipality directly under the central government for ordering the offender to stop production for rectification.

　　Article 22 Whoever uses chemicals subject to supervision and control against the present Regulations shall be charged with making a correction within a specified time by the department of the people's government of the province， autonomous region or municipality directly under the central government. If no correction is made within the specified time， a fine of up to 50，000 yuan may be imposed.

　　Article 23 Whoever engages in the trade of chemicals subject to supervision and control in violation of the present Regulations shall have all the chemicals and illegal gains obtained from such trade confiscated by the department in charge of chemical industry under the people's government of the province， autonomous region or municipality directly under the central government and may further be punished with a fine from one to two times the total value of such illegal trade.

　　Article 24 Whoever conceals or refuses to report materials and data or impedes or obstructs the department in charge of chemical industry in the exercise of supervisory responsibility in accordance with the present Regulations shall be punished with a fine of up to 50，000 yuan by the department in charge of chemical industry of the people's government of the province， autonomous region or municipality directly under the central government.

　　Article 25 Whoever has violated the present Regulations to the extent of violating public security management regulations shall be punished according to the Regulations of the People's Republic of China on Penalties for Public Security. If the offense constitutes a crime， criminal responsibility shall be investigated in accordance with the law.

　　Article 26 Whoever has already engaged in the production， trade or application of chemical

s subject to supervision and control before promulgation of the present Regulations shall process the corresponding formalities required by the present Regulations.

　　Article 27 The present Regulations shall come into effect as of the date of promulgation

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