国发5号
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 thoroughly1 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 Ministry2 of Chemical Industry shall be responsible for the unified3 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 imperative4 to control the export of chemicals listed in Annex5 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 Annexes6 , 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 consultation7 with the Ministry of Foreign Economic Relations and Trade 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 transit8 to the third country and apply to the Ministry of Foreign Economic Relations and Trade for export license9. 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, autonomous10 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 formulate11 specific administrative12 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 promulgated13 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
Amiton: O,O,-Diethyl S- phos- phorothiolate and corresponding alkylated or protonated salts
PFIB: 1,1,3,3,3,-Pentafluo- ro-2--1 -propene
BZ:3-Ouinuclidinyl benzilate
Chemicals, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl group but not further carbon atoms Exemption: Fonofos: o-Ethyl S-phenyl ethylphosphono thi olothionate
N,N-Dialkylphosphoramidic dihalides
DialkylN,N-dialkyl-phosphoramidates
Arsenic trichloride
2,2-Diphenyl-2-hydroxy- acetic acid
Quinuclidine-3-ol
N,N-Dialkylaminoethyl-2- chlorides and corresponding protonated salts
N,N-Dialkylaminoethane-2-ols and corresponding proto nated salts Exemptions: N,N-Dimethr laminoethanol and corresponding protonated salts N,N-Diethylaminoethanol and corresponding protonated salts
N,N-Dialkyl aminoethane-2- thiols and correponding protonated salts
Thiodiglycol: Bis sulfide
pinacolyl alcohol: 3,3- Dimethylbutane-2-ol
Annex B The Chemicals of Chemical Weapons English Name CAS Registry Number
Phosgene: Carbonyl dichloride
Cyanogen chloride
Hydrogen cyanide
Chloropierin: Trichloronitro- methane
Phosphorus oxychloride
Phosphorus trichloride
Phosphoruspentachloride
Trimethyl phosphite
Triethyl phosphite
Dimethyl phosphite
Diethyl phosphite
Sulfur monochloride
Sulfur dichloride
Thionyl chloride
Ethyldiethanolamine
Methyldiethanolamine
Triethanoiamine