|Statement by the Chinese Delegation at the Meeting of Experts of the Biological Weapons Convention (BWC) on National Implementation Measures – Practical Implementation & Enforcement (August 21, 2003, Geneva)
In order to effectively implement the Biological Weapons Convention, China has set up an inter-ministerial coordinating mechanism. It's composed of Ministry of Agriculture, Public Health, Commerce, Foreign Affairs and Customs and led by the Ministry of Foreign Affairs. As for the actual operation, all the relevant ministries bear their own responsibilities in accordance with prescription of the State Council; meanwhile, they always have a close cooperation. It's the case both in export control and non-proliferation fields. Now I will give a brief introduction on the relevant management measures for export control and the ministries' division of responsibilities.
1. The management measures on the articles prohibited from import and export.
China has lists animals and plants with dangerous pathogenic bacteria, injurious insects and other harmful organisms and many kinds of poisons in the List of Articles Prohibited from Import and Export and prohibits their import and export. This List is modified and promulgated by the Customs General Administration of China.
2. The management measures on the articles restricted from import and export.
China applies license system on the articles restricted from import and export. These articles, which cover the sensitive items including dual-use biological agents and related equipment and technologies, could be imported and exported only after authorization of the Ministry of Commerce. Ministry of Commerce is responsible for supervising and evaluating the import and export situations and reporting regularly to the State Council. China may apply temporary measures to restrict or prohibit the import and export when needed.
3. The registration measures on export of sensitive articles.
Anyone who deals with export of the sensitive articles shall register itself with the Ministry of Commerce. Without such registration, no unit or individual shall export such articles. The Management Measures on the Registration of Export of Sensitive Articles and Technologies has prescribed these in details.
4. The management measures on license.
Bureau of Quotas and Licenses is responsible for the management and supervision of the national license issuing under the authorization of the Ministry of Commerce. Those who intend to export articles in the List of Articles under License Management shall go to the relevant issuing organs appointed by the Category of the License Issuing Classification to apply for license. Related documents need to be shown at the applying time according to the Management Measures on License.
5. The supervision measures of the Customs.
As for the articles restricted from import and export, the Customs will not let them pass on the condition without license. The Customs could also supervise the articles prohibited or restricted from import and export according to the relevant laws and regulations.
6. The punishment measures.
Those who import and export prohibited articles, or restricted articles without authorization shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of smuggling; if such activities are not serious enough for criminal punishment, they shall be punished according to the relevant provisions of the Customs Law. Ministry of Commerce could revoke the licensing for their foreign trade operations.
Thank you, Mr. Chairman.