Regulations of the People's Republic of China on Administration of Arms Export

(Promulgated by Decree No. 234 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on October 22, 1997, and revised in accordance with the Decision of the State Council and the Central Military Commission on Amending the Regulations of the People's Republic of China on Administration of Arms Export on October 15, 2002)

Chapter I General Provisions

Article 1 These Regulations are formulated for the purposes of strengthening the unified administration of arms export and maintaining the normal order of arms export.

Article 2 "Arms export" referred to in these Regulations means the export for trade of equipment, special production facilities and other materials, technology and related services which are used for military purposes.

Arms export referred to in the preceding paragraph shall be included in the arms export administration list. The arms export administration list shall be formulated, adjusted and published by the competent arms export department of the State.

Article 3 The competent arms export department of the State shall, under the leadership of the State Council and the Central Military Commission, take charge of the arms export work throughout the country and exercise supervision and administration of arms export throughout the country.

Article 4The State shall institute a unified administration system for the export of arms, forbid any act of exporting arms which endangers the interests and security of the State and maintain the normal order of arms export according to law.

Article 5The following principles shall be observed in exporting arms:

(1) conduciveness to the capability for just self-defence of the recipient country;

(2) no injury to the peace, security and stability of the region concerned and the world as a whole;

(3) no interference in the internal affairs of the recipient country.

Article 6Where an international treaty concluded or acceded to by the People's Republic of China contains provisions different from these Regulations, the provisions of the international treaty shall prevail, except for the provisions on which reservations are made by the People's Republic of China.

Chapter II Arms Trading Companies

Article 7"An arms trading company" referred to in these Regulations means a legal person enterprise which has obtained according to law the business operations right for arms export and is engaged in arms export business activities within the approved scope of business.

Article 8The business operations right for arms export shall be examined and approved by the competent arms export department of the State. Specific measures shall be formulated by the competent arms export department of the State.

Article 9An arms trading company shall enjoy full autonomy in its management and assume sole responsibility for its profits or losses according to law.

Article 10An arms trading company shall honour contracts, guarantee the quality of goods and improve post-sale services.

Article 11In accordance with the provisions of the competent arms export department of the State, an arms trading company shall truthfully present the documents and data pertinent to its arms export business activities. The competent arms export department of the State shall keep business secrets of the arms trading company and protect its lawful rights and interests.

Article 12An arms trading company may entrust an approved transportation enterprise for arms export with the transportation of arms for export and related business matters. Specific measures shall be formulated by the competent arms export department of the State.

Chapter III Administration of Arms Export

Article 13The State shall implement a licencing system for arms export.

Proposals and contracts for arms export shall be submitted in form of application for examination and approval in accordance with the provisions of these Regulations. Arms shall be exported on the basis of a licence for arms export.

Article 14Proposals for arms export shall be examined and approved by the competent arms export department of the State, or by the competent arms export department of the State jointly with the relevant departments of the State Council and the Central Military Commission.

Article 15When proposals for arms export are approved, an arms trading company may conclude contracts for arms export with the foreign side. After a contract for arms export is concluded, it shall file an application with the competent arms export department of the State for examination and approval; the competent arms export department of the State shall make a decision thereon within 20 days from the date of receipt of the application. A contract for arms export shall become effective only after it is approved.

When filing an application with the competent arms export department of the State for approval of its contract for arms export, an arms trading company shall attach the valid certification documents of the recipient country.

Article 16Important proposals and contracts for arms export shall be examined by the competent arms export department of the State jointly with the relevant departments of the State Council and the Central Military Commission and be submitted to the State Council and the Central Military Commission for approval.

Article 17An arms trading company shall, before exporting arms, apply to the competent arms export department of the State for an arms export licence on the basis of the approval document for the contract of arms export; when the requirements are met for an arms export contract, the competent arms export department of the State shall issue the arms export licence within 10 days from the date of receipt of the application.

The Customs shall accept declarations according to the arms export licence, and examine and give clearance in accordance with the relevant provisions of the State.

Article 18Measures for the examination and approval of proposals and contracts for arms export and methods for the issue of arms export licences shall be prescribed by the competent arms export department of the State.

Article 19For arms export, the competent arms export department of the State shall issue a notice of arms export jointly with the departments concerned. Upon receiving the notice of arms export, the departments concerned and the local people's governments shall conscientiously perform their functions and responsibilities according to the relevant provisions of the State in order to ensure safe, speedy and accurate export of arms.