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国务院关于进一步严格控制可用于生产化学武器的化工原料进出口的

分类: 法律英语 
 

国发(1994)5号
(January 10, 1994)
颁布日期:19940110  实施日期:19940110  颁布单位:国务院

With a view to prohibiting completely and destroying thoroughly all the chemical weapons, China has signed in January, 1993 the Convention on Prohibiting the Development, Production, Stockpile and Use of Chemical Weapons and Destruction of This Kind of Weapons. This circular is issued for the purpose of further strengthening the administration over the production, sales, import and export of industrial chemicals which may be used to produce chemical weapons.

1. The Ministry of Chemical Industry shall be responsible for the unified control of the import and export of the industrial chemicals which may be used to produce chemical weapons, and the production technology and special equipment for those chemicals.

2. It is imperative to control the export of chemicals listed in Annex A and the production technology and special equipment for those chemicals. Units concerned shall submit it to the Ministry of Chemical Industry for examination and approval before they negotiate with foreign clients for exporting the chemicals listed in Annex A or the production technology or special equipment for those chemicals.

3. The export contract of the chemicals listed in the Annexes (Annex A and Annex B, the same below), and the production technology and special equipment for those chemicals, shall come into force upon examination and approval by the Ministry of Chemical Industry.

4. Units other than the enterprises which are designated by the Ministry of Chemical Industry through consultation with the Ministry of Foreign Economic Relations and Trade (hereinafter referred to as designated enterprises) may not engage in import or export of chemicals listed in the Annexes or the production technology or special equipment for those chemicals.

5. Designated enterprises shall submit to the Ministry of Chemical Industry the letter of guarantee issued by import government or its trustee that the import chemicals shall not be used to produce chemical weapons or transit to the third country and apply to the Ministry of Foreign Economic Relations and Trade for export license. The Customs shall release such goods according to the export license. Designated enterprises shall also go through other formalities in accordance with the relevant rules.

6. Where domestic chemical production or scientific research needs chemicals listed in the Annexes, designated enterprises must submit an application to the chemical industry department of the relevant province, autonomous region or municipality directly under the central government or relevant ministry or commission and provide for the explanation and certificate of the products' end use; after examination and approval, they shall be submitted to the Ministry of Chemical Industry for approval. The Ministry of Foreign Economic Relations and Trade shall issue the import license based on written approval by the Ministry of Chemical Industry and the Customs shall release in accordance with the import license.

The Ministry of Chemical Industry and the Ministry of Foreign Economic Relations and Trade shall formulate specific administrative measures according to this Circular and report to departments concerned in time on the state of examination and approval of import and export of the chemicals listed in the Annexes and the production technology and special equipment for those chemicals.

In the event of any conflict between this Circular and other relevant legislation promulgated by the State Council and departments concerned before this Circular, this Circular shall prevail.

Annex A The Key Precursors of Chemical Weapons

English Name CAS Registry Number

(1) Amiton: O,O,-Diethyl S-[2- (diethylamino) ethyl] phos- phorothiolate and corresponding alkylated (78-53-5) or protonated salts

(2) PFIB: 1,1,3,3,3,-Pentafluo- ro-2-(triflouorl methyl)-1 -propene (382-21-8)

(3) BZ:3-Ouinuclidinyl benzilate (6581-06-2)

(4) Chemicals, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl(normal or iso) group but not further carbon atoms Exemption: Fonofos: o-Ethyl S-phenyl ethylphosphono thi olothionate (944-22-9)

(5) N,N-Dialkyl(Me,Et,n-Pr or i-Pr)phosphoramidic dihalides

(6) Dialkyl(Me,Et,n-Pr or i Pr)N,N-dialkyl(Me,Et,n-Pr or i-Pr)-phosphoramidates

(7) Arsenic trichloride (7784-34-1)

(8) 2,2-Diphenyl-2-hydroxy- acetic acid (76-93-7)

(9) Quinuclidine-3-ol (1619-34-7)

(10) N,N-Dialkyl(Me,Et,n- Pr or i-Pr)aminoethyl-2- chlorides and corresponding protonated salts

(11) N,N-Dialkyl(Me,Et,n-Pr or i-Pr)aminoethane-2-ols and corresponding proto nated salts Exemptions: N,N-Dimethr laminoethanol and corresponding protonated salts (108-01-0) N,N-Diethylaminoethanol and corresponding protonated salts (100-37-8)

(12) N,N-Dialkyl(Me,Et,n-Pr or i-Pr) aminoethane-2- thiols and correponding protonated salts

(13) Thiodiglycol: Bis(2-hydrox- yethyl) sulfide (111-48-8)

(14) pinacolyl alcohol: 3,3- Dimethylbutane-2-ol (464-07-3)

Annex B The Chemicals of Chemical Weapons English Name CAS Registry Number

(1)Phosgene: Carbonyl dichloride (75-44-5)

(2)Cyanogen chloride (506-77-4)

(3)Hydrogen cyanide (74-90-8)

(4)Chloropierin: Trichloronitro- (76-06-2) methane

(5)Phosphorus oxychloride (10025-87-3)

(6)Phosphorus trichloride (7719-12-2)

(7)Phosphoruspentachloride (10026-13-8)

(8)Trimethyl phosphite (121-45-9)

(9)Triethyl phosphite (122-52-1)

(10)Dimethyl phosphite (868-85-9)

(11)Diethyl phosphite (762-04-9)

(12)Sulfur monochloride (10025-67-9)

(13)Sulfur dichloride (10545-99-0)

(14)Thionyl chloride (7719-09-7)

(15)Ethyldiethanolamine (139-87-7)

(16)Methyldiethanolamine (105-59-9)

(17)Triethanoiamine (102-71-6)

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