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INTERIM PROVISIONS ON ADMINISTRATION OF THE EXPORT OF PRECURSOR CHEMICALS TO PARTICULAR COUNTRIES (REGIONS)

the Ministry of Commerce, the Ministry of Public Security, the General Administration of Customs, the State Administration of Work
Safety, the State Food and Drug Administration

Order of the Ministry of Commerce, the Ministry of Public Security, the General Administration of Customs, the State Administration
of Work Safety and the State Food and Drug Administration

No. 12

The Interim Provisions on Administration of the Export of Precursor Chemicals to Particular Countries (Regions), which were deliberated
and adopted at the ninth executive meeting of the Ministry of Commerce on June 3, 2005, at the first executive meeting of the State
Administration of Work Safety on July 8, 2005 and at the seventh executive meeting of State Food and Drug Administration on July
7, 2005, and were approved by the Ministry of Public Security and the General Administration of Customs, are hereby promulgated and
shall go into effect as of September 1, 2005.

the Minister of the Ministry of Commerce, Bo Xilai

the Minister of the Ministry of Public Security, Zhou Yongkang

the Director of the General Administration of Customs, Mu Xinsheng

the Director General of the State Administration of Work Safety, Li Yizhong

the Director General of the State Food and Drug Administration, Shao Mingli

August 1, 2005

Interim Provisions on Administration of the Export of Precursor chemicals to Particular Countries (Regions)

Article 1

With a view to preventing precursor chemicals from entering into particular countries (regions) for drug production and regulating
the export of precursor chemicals, the present Provisions are formulated according to the Foreign Trade Law of the People’s Republic
of China and the relevant laws and administrative regulations.

Article 2

The term “precursor chemicals” as mentioned in the present Provisions refers to those chemicals as listed in Attachment I of the present
Provisions, namely, “Catalogue for the Administration of the Export of Precursor Chemicals to Particular Countries (Regions)”. The
Ministry of Commerce shall, together with the Ministry of Public Security, the General Administration of Customs, the State Administration
of Work Safety and the State Food and Drug Administration, adjust and promulgate the Catalogue for the Administration of the Export
of Precursor chemicals to Particular Countries (regions) where necessary.

Article 3

The term “particular countries (regions)” as mentioned in the present Provisions refers to those countries (regions) as listed in
Attachment II of the present Provisions, namely, “Catalogue of Particular Countries (Regions)”. The Ministry of Commerce shall, together
with the Ministry of Public Security, the General Administration of Customs, the State Administration of Work Safety and the State
Food and Drug Administration, adjust and promulgate the Catalogue of Particular Countries (regions) where necessary.

Article 4

The State adopts the licensing administration to the export of precursor chemicals to particular countries (regions).

No precursor chemicals may be exported to particular countries (regions) without permission.

For the export of precursor chemicals to particular countries (regions), the relevant export license shall be submitted to the Customs
for verification, and the Customs shall handle the relevant formalities for export inspection and clearance upon the strength of
the export license.

Article 5

The export license for precursor chemicals shall be subject to the system of “one license for one batch” and “one license for one
customs declaration”.

Where the precursor chemicals under one contract need to be exported by batches, the exporter shall bring it forward in the export
application and the Ministry of Commerce shall, after examination and approval, issue a corresponding number of export licenses.
No more than twelve batches may be applied for in one application.

Article 6

The export of precursor chemicals to particular countries (regions) shall be subject to the international inspection system.

Article 7

Where an exporter plans to export precursor chemicals to particular countries (regions), it shall file an application with the local
provincial commercial administrative department and submit the following materials in written form:

(1)

An Application Form for the Export of Precursor chemicals in duplicate;

(2)

The duplicate of the export contract (agreement);

(3)

The original of the certificate issued by the competent governmental department of the importing country (area) regarding the lawful
use of precursor chemicals or the document of guaranty regarding the lawful use by the importer;

(4)

The photocopy of the exporter’s business license; and

(5)

The photocopy of the record-keeping and registration form for foreign trade operators (the photocopy of the approval certificate affixed
with a conformity mark of joint annual inspection as submitted by a foreign-funded enterprise).

Article 8

The competent commerce department at the provincial level shall, within three days as of the date of receipt of an application, conduct
the preliminary examination and submit its preliminary examination opinions and relevant materials to the Ministry of Commerce for
examination and approval if the application is found to be eligible upon preliminary examination.

Article 9

The Ministry of Commerce shall finish the examination within five days as of the date of receipt of the preliminary examination opinions
from the provincial competent commerce department, and deliver its examination opinions and relevant materials to the Ministry of
Public Security for international inspection if the application is found to be eligible upon examination.

Article 10

The Ministry of Public Security shall send the materials for inspection to the competent governmental department of the importing
country (area) within three days after receiving the examination opinions and relevant materials from the Ministry of Commerce.

The Ministry of Public Security shall inform the Ministry of Commerce in writing within three days after receiving the notice of confirmation
from the competent governmental department of the importing country (area).

The Ministry of Commerce shall make a decision of approval or disapproval within five days after receiving the written notice from
the Ministry of Public Security.

Article 11

When applying for obtaining a license for export of precursor chemicals, an exporter shall make declaration faithfully and shall not
resort to fraud. It is strictly prohibited from obtaining the export license for precursor chemicals by fraud or any other improper
means.

The export license for precursor chemicals may not be forged, altered, bought or sold.

Article 12

The relevant administrative departments for the export of precursor chemicals shall establish a system for the purpose of information
intercommunication and electronic data network inspection.

Article 13

Where an entity or an individual violates the present Provisions, illegally exports precursor chemicals to particular countries (regions),
illegally exports precursor chemicals beyond the licensed scope, forges, alters, buys or sells the export license for precursor chemicals
or obtains the export license for precursor chemicals by fraud or any other improper means, it (he) shall be punished pursuant to
the Foreign Trade Law and the relevant laws and administrative regulations; and if a crime is constituted, it (he) shall be investigated
for criminal liabilities.

Article 14

Where any State functionary in charge of the export of precursor chemicals neglects his duties, practice favoritism, misuses his authorities,
demand properties from others by taking advantage of his job opportunity, or accepts other’s properties for seeking interests for
others, he shall be subject to criminal liabilities if a crime is constituted; or if no crime is constituted, he shall be subject
to administrative sanctions.

Article 15

The present Provisions shall apply to export of precursor chemicals from a bonded zone, export processing zone or any other Customs
surveillance area or bonded area into particular countries (regions).

No export license needs to be obtained for shipping precursor chemicals from a domestic place into a bonded zone, export processing
zone or any other Customs surveillance area or bonded area or passing precursor chemicals in and out between the aforesaid customs
surveillance areas and bonded areas.

Article 16

Where the export of precursor chemicals to particular countries (regions) is not covered by the present Provisions, the export shall
be in line with the relevant provisions in the Provisions on the Import-export Administration of Precursor Chemicals as formulated
by the former Ministry of Foreign Trade & Economic Cooperation (promulgated by Order No. 4 [1999] of the Ministry of Foreign Trade
& Economic Cooperation) and the Provisions on the Administration of Import-export International Inspection of Precursor chemicals
as jointly formulated by the former Ministry of Foreign Trade & Economic Cooperation and the Ministry of Public Security (promulgated
by Order No. 147 [2002] of the Ministry of Foreign Trade & Economic Cooperation).

Article 17

The present Provisions shall go into effect as of September 1, 2005.

Attachment I Catalogue for the Administration of the Export of Precursor chemicals to Particular Countries (Regions) (omitted)

Attachment II Catalogue of Particular Countries (Regions)

Attachment IICatalogue of Particular Countries (Regions)

1.

Burma

2.

Laos



 
the Ministry of Commerce, the Ministry of Public Security, the General Administration of Customs, the State Administration
of Work Safety, the State Food and Drug Administration
2005-08-01