Article 17 Upon approval by the State Council and the Central Military Commission, the competent foreign economic and trade department of the State Council may, jointly with relevant departments, temporarily decide to exercise export control on specific items and technologies other than those listed in the Control List in accordance with the provisions of these Regulations.

Article 18 Those who export missile-related items and technologies without being licensed, or export missile-related items and technologies beyond the scope of the export licence without authorization, shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of smuggling, the crime of illegal business operations, the crime of divulging State secrets or other crimes; if such acts are not serious enough for criminal punishment, by distinguishing different circumstances, they shall be punished in accordance with relevant provisions of the Customs Law, or be given a warning, confiscated of their illegal income, and fined not less than one time but not more than five times the illegal income by the competent foreign economic and trade department of the State Council; the competent foreign economic and trade department of the State Council may concurrently suspend or even revoke the licensing for their foreign trade operations.

Article 19 Those who forge, alter, buy or sell the licence for the export of missile-related items and technologies shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal business operations or the crime of forging, altering, buying or selling official documents, certificates or seals of a State organ; if such acts are not serious enough for criminal punishment, they shall be punished in accordance with relevant provisions of the Customs Law, and the competent foreign economic and trade department of the State Council may concurrently revoke the licensing for their foreign trade operations.

Article 20 Where a license for the export of missile-related items and technologies is obtained by fraud or other illegal means, the competent foreign economic and trade department of the State Council shall revoke such an export license, confiscate the illegal income, impose a fine of not more than the illegal income, and suspend or even revoke the licensing for their foreign trade operations.

Article 21 Where, in violation of Article 7 of these Regulations, the export of missile-related items and technologies is operated without registration, the competent foreign economic and trade department of the State Council shall ban such illegal activities according to law, and relevant competent departments of the State shall impose punishment thereon in accordance with relevant laws and administrative regulations.

Article 22 Where the State functionaries in charge of control on the export of missile-related items and technologies abuse their powers, neglect their duties or extort or accept money or properties from others by taking advantage of their positions, they shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of abuse of power, the crime of neglect of duties, the crime of accepting bribes and other crimes; if such acts are not serious enough for criminal punishment, they shall be given administrative sanctions according to law.

Article 23 In light of actual situations, the competent foreign economic and trade department of the State Council may, jointly with relevant departments, amend the Control List and submit it to the State Council and the Central Military Commission for approval before implementation.

Article 24 These Regulations shall be effective as of the date of promulgation.

Annex

The Missiles and Missle-related Items and Technologies Export Control List

1. Introduction

(1) Part 1 of this List includes missiles and other delivery systems (including ballistic missiles, cruise missiles, rockets and unmanned air vehicles) as well as their specially designed items and technologies. Part 2 includes items and technologies related to Item 1 of Part 1.

(2) If a Part 1 item is included in a system, that system will also be considered as a Part 1 item, except when the incorporated item cannot be separated, removed or duplicated and the system is designed for civilian uses, where the item will be considered as a Part 2 item.

(3) All items listed in this List include their directly related technologies.

2. Definitions

For the purpose of this List, the following definitions apply:

(1) "Technology" means specific information which is required for the "development", "production" or "use" of a product. The information may take the form of "technical data" or "technical assistance". But "technology" does not include technology "in the public domain" nor "basic scientific research".

(a) "In the public domain" as it applies to this List means technology which has been made available without restrictions upon its further dissemination. (Copyright restrictions do not remove technology from being "in the public domain".)

(b) "Basic scientific research" means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena and observable facts, not primarily directed towards a specific practical aim or objective.

(2) "Development" is related to all phases prior to "production" such as:

(a) Design

(b) Design research

(c) Design analysis

(d) Design concepts

(e) Assembly and testing of prototypes

(f) Pilot production schemes

(g) Design data

(h) Process of transforming design data into a product

(i) Configuration design

(j) Integration system design

(k) Layouts

(3) "Production" means all production phases such as:

(a) Production engineering

(b) Manufacture

(c) Integration

(d) Assembly

(e) Inspection

(f) Testing

(g) Quality assurance

(4) "Use" means:

(a) Operation

(b) Installation (including on-site installation)

(c) Maintenance

(d) Repair

(e) Overhaul

(f) Refurbishing

(5) "Technical data" may take forms such as:

(a) Blueprints

(b) Plans

(c) Diagrams

(d) Models

(e) Formulae

(f) Engineering designs and specifications

(g) Manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.

(6) "Technical assistance" may take forms such as:

(a) Instruction

(b) Skills

(c) Training

(d) Working knowledge

(e) Consulting services