China Data Supplement February 2007

China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 47
assessments, and verification for exercising export control over
dual-use nuclear materials and the related technologies.
Article 22: The Ministry of Commerce, or the Ministry of
Commerce and the relevant department, may investigate and stop
any behaviour suspected of violating the provisions of these
regulations. If necessary, the Ministry of Commerce may report to
the customs on the equipment, materials, software, and the related
technologies to be exported. The customs may inspect and detain
the goods that fall under their supervision. The relevant units and
individuals should provide cooperation and assistance.
Article 23: Export of dual-use nuclear materials in violation of the
provisions of these regulations will be subjected to punishment
according to the provisions of Customs Law.
Export of dual-use nuclear materials and the related technologies
in violation of the provisions of these regulations will be given a
warning by the Ministry of Commerce with a penalty of one to five
times the amount of goods to be illegally exported. If the amount of
goods to be illegally exported is less than 50,000 yuan, the penalty
will be 50,000 yuan to less than 250,000 yuan. Illegal earnings, if
any, will be confiscated. A violation that constitutes a crime will be
held criminally accountable according to law.
Article 24: Forgery, imitation, or selling and buying of export
permits will be punished according to the relevant law and
administrative rules. If any of these constitutes a crime, the
perpetrator will be held criminally accountable according to law.
Export permits obtained by deception or any other improper
means will be confiscated by the Ministry of Commerce with a
penalty of one to five times the amount of goods to be illegally
exported. If the amount of goods to be illegally exported is less than
50,000 yuan, the penalty will be 50,000 yuan to less than 250,000
yuan. Illegal earnings, if any, will be confiscated. A violation that
constitutes a crime will be held criminally accountable according to
law.
Article 25: State functionaries who neglect their duties, play
favouritism, commit irregularities, and abuse their power in
exercising control over the export of dual-use nuclear materials and
the related technologies will be held criminally accountable if their
behaviour constitutes a crime. They will be given punishment if their
behaviour does not constitute a crime.
Article 26: The Ministry of Commerce, together with the State
Atomic Energy Agency and the relevant department, may adjust the
control list in accordance with the actual situation and announce the
adjustments.
Article 27: In case an international treaty the People's Republic of
China accedes to or participates in carries different provisions from
these regulations, the provisions of the international treaty will apply.
But the clauses the People's Republic of China retains as it
announced are an exception.
Article 28: The provisions of these regulations apply to the export
of dual-use nuclear materials and the related technologies from the
bonded areas, export processing areas, customs special
supervisory areas, export supervisory storage houses, bonded
commodity exchange centres, and other bonded supervisory sites.
Article 29: These regulations come into effect as of the date of
announcement.
(Xinhua, 16 Feb 07, in BBC PF, 18, 19 Feb 07)
Regulations on Administering Authorized Commercial Businesses,
adopted at the 167th State Council’s executive meeting on 31
January 2007. These regulations will take effect as of 1 May 2007.
(Decree No.485 of the PRC State Council, signed by Wen Jiabao,
Premier of the State Council, on 6 February 2007) (Full text:
RMRB, 16 Feb 07) The regulations consist of five chapters with 34
articles.
China released on 27 February a new regulation to restrict film
shooting and artistic performances in natural reserves and scenic
spots . "Some big-budget films and artistic performances these
years are over-obsessed with economic returns, and have greatly
damaged natural environment. Thus film shooting and artistic
performances in natural reserves, scenic spots and sites of historic
interest must be strictly restricted," said the regulation. The
regulation is jointly issued by the State Environmental Protection
Administration, the Ministry of Construction, the Ministry of Culture
and the State Administration of Cultural Heritage. Film shooting and
artistic performances will only be allowed in experimental zones of
nature reserves, outer sections of scenic spots and some cultural
heritage sites, upon approval from relevant authorities. People who
violate the regulation will be dealt with harshly, the regulation said,
citing damage remediation, monetary fines, and court charges in
severe cases of environmental damage. The State Environmental
Protection Administration has already issued a similar regulation
earlier this month to regulate film shooting, artistic performances in
nature reserves and scenic sites. China now has 2,349 natural
reserves, covering about 1.5 million square kilometres, or 15 per
cent of China's land area. Last year, Chinese director Chen Kaige
was fined 90,000 yuan (11,250 US dollars) for littering and
destroying vegetation while shooting his 42-million-dollar film "The
Promise" at a scenic nature reserve in Shangri La, in southwest
China's Yunnan Province. (XNA, 28 Feb 07)