中华人民共和国军品出口管理条例_法律英语

中华人民共和国军品出口管理条例

文章来源：文章作者：发布时间：2007-05-24 02:44 字体： [大中小]　进入论坛

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国务院令第234号
(Promulgated by Decree No. 234 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on October 22, 1997)
颁布日期：19971022 　实施日期：19980101 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated¹ with a view to enhancing unified² export control of military goods and maintaining normal order in the export of military goods.

　　Article 2 Export of military goods referred to in these Regulations means export for trade purposes of the equipment, special-purpose production equipment and other materiel, technologies and related services to be used for military purposes.

　　Article 3 The State Control Commission for Military Goods Trade of the People's Republic of China (here in after referred to as the State Control Commission for Military Goods Trade) shall, under the leadership of the State Council and the Central Military Commission, take charge of the work of military goods export nationwide.

　　The State Military Goods Trade Bureau of the People's Republic of China (hereinafter referred to as the State Military Goods Trade Bureau), the executive agency of the State Control Commission for Military Goods Trade, shall exercise supervision³ and control over military goods export nationwide.

　　Article 4 The State practises the uniform military goods export control system, prohibits any act of military goods export to the detriment⁴ of national interests and security and ensures normal order in military goods export in accordance with law.

　　Article 5 Military goods export shall abide⁵ by the following principles:

　　(1) to be instrumental to the just self-defense capabilities⁶ of the acceptor nation;

　　(2) to be not detrimental⁷ to peace, security and stability in the region concerned and the world; and

　　(3) non-interference in the internal affairs of the acceptor nation.

　　Article 6 In the case of different provisions in international treaties the People's Republic of China has concluded and acceded⁸ to with these Regulations, the provisions of the international treaties shall apply; however, the articles about which the People's Republic of China has stated its reservations are exceptions.

　　Chapter II Military Goods Trading Companies

　　Article 7 The military goods trading companies referred to in these Regulations mean corporate⁹ enterprises engaging in military goods export business operations with acquisition of the management right of military goods export in accordance with law and within the verified business scope.

　　Article 8 Military goods export management right shall be subject to the examination and approval of the State Control Commission for Military Goods Trade. Specific measures shall be formulated by the State Control Commission For Military Goods Trade.

　　Article 9 Military goods trading companies shall practise autonomous¹⁰ management and be responsible for their profits and losses.

　　Article 10 Military goods trading companies shall abide by the contract, guarantee commodity quality and improve after-sales service.

　　Article 11 Military goods trading companies shall, pursuant to the provisions of the State Control Commission for Military Goods Trade, truthfully present the documents and material relating to their business operations in military goods export to the departments concerned. The departments concerned shall keep the business secrets for the military goods trading companies and safeguard the legitimate¹¹ rights and interests of the military goods trading companies.

　　Article 12 Military goods trading companies may entrust¹² approved shipping¹³ agencies for military goods export in the handling of transportation and related business for military goods export for them. Specific measures shall be formulated by the State Control Commission for Military Goods Trade.

　　Chapter III Military Goods Export Control

　　Article 13 The State practises the licence system for military goods export.

　　Applications shall be filed for the examination and approval of the items and contracts of military goods export pursuant to the provisions of these Regulations. Military goods export shall be effected on the strength of a Military goods export licence.

　　Article 14 Military goods export items shall be subject to the examination and approval of the State Military Goods Trade Bureau or the State Military Goods Trade Bureau in conjunction with the departments concerned under the State Council and the Central Military Commission.

　　Article 15 A military goods trading company may, upon approval of the military goods export items, conclude a military goods export contract with a foreign party. An application shall be filed with the State Military Goods Trade Bureau for examination and approval upon conclusion of the military goods export contract; the State Military Goods Trade Bureau shall, within 15 days from the date of receipt of the application, make a decision on the approval or non-approval thereof. The military goods export contract shall become established only upon approval.

　　A military goods trading company shall, when filing an application for the approval of the military goods export contract, enclose effective testimonial documents of the acceptor nation.

　　Article 16 Major military goods export items and contracts shall be subject to the examination of the State Control Commission for Military Goods Trade and submitted to the State Council and the Central Military Commission For approval.

　　Article 17 A military goods trading company shall, prior to military goods export, apply to the State Military Goods Trade Bureau for a military goods export licence on the strength of the approval document of the military goods export contract; the State Military Goods Trade Bureau shall, within five days from the receipt of the application, issue the military goods export licence to the applicant¹⁴ found to conform to the provisions of the military goods export contract.

　　The Customs shall accept the declaration on the strength of the military goods export licence and handle inspection¹⁵ and clearance¹⁶ pursuant to relevant state provisions.

　　Article 18 Measures for the examination and approval of items and contracts of military goods export and measures for the issuance of military goods export licences shall be formulated by the State Control Commission for Military Goods Trade.

　　Article 19 The State Military Goods Trade Bureau shall, in conjunction with the departments concerned, issue a military goods export notice for the export of military goods. The departments and local people's governments concerned shall, on receipt of the military goods export notice and pursuant to the relevant state provisions, conscientiously¹⁷ fulfil their duties to ensure the safety, rapidity and accuracy in military goods export.

　　Chapter IV Military Goods Export Order

　　Article 20 No unit or organization shall engage in business operations of military goods export without the acquisition of military goods export management right. The State prohibits any individual from engaging in business operations of military goods export.

　　Article 21 Military goods trading companies shall, in business operations of military goods export, abide by the provisions of laws and administrative¹⁸ regulations and maintain the normal order in military goods export.

　　Article 22 No military goods trading company shall, in business operations of military goods export, commit the following acts:

　　(1) endangering national security or public interest of society;

　　(2) squeezing its competitive opponent out with unfair means of competition;

　　(3) infringing¹⁹ on intellectual property rights under the protection of the laws of the People's Republic of China;

　　(4) forging, altering, acquiring through fraud or transferring such documents and licence as the approval document for military goods export items, the approval document for contract, the licence and the effective testimonial document of the acceptor nation;

　　(5) operating beyond the verified business scope; and

　　(6) other acts in violation²⁰ of the provisions of laws and administrative regulations.

　　Article 23 The State Military Goods Trade Bureau may, when it deems necessary or at the request of a military goods trading company, deal with acts of hindering the normal order in military goods export.

　　Chapter V Legal Liability

　　Article 24 Any military goods trading company in violation of the provisions of Article 11 of these Regulations shall be ordered by the State Military Goods Trade Bureau to make a rectification²¹ within a specified²² period and administered a warning; any military goods trading company that fails to make a rectification on expiry of the specified period shall be revoked²³ of its management right of military goods export by the State Military Goods Trade Bureau which shall report the case to the State Control Commission for Military Goods Trade.

　　Article 25 Any military goods trading company in violation of the provisions of Article 21 and Article 22 of these Regulations shall be penalized²⁴ by the competent departments concerned pursuant to the provisions of relevant laws and administrative regulations and may be revoked of its management right of military goods export by the State Military Goods Trade Bureau which shall report the case to the State Control Commission for Military Goods Trade.

　　Article 26 The State Military Goods Trade Bureau shall ban the illegal operations in violation of the provisions of Article 20 of these Regulations, and the competent departments concerned of the State shall, pursuant to the provisions of relevant laws and administrative regulations, impose a penalty.

　　Article 27 Criminal liability shall be investigated in accordance with law for violation of the provisions of these Regulations that constitutes a crime.

　　Article 28 A military goods trading company which has objections to the penalty decision revoking²⁵ its management right of military goods export may, within 15 days from the date of receipt of the penalty notice, apply to the State Control Commission for Military Goods Trade for reconsideration. The State Control Commission for Military Goods Trade shall, within 15 days from the date of receipt of the application for reconsideration, make a reconsideration decision which shall be the final decision.

　　Article 29 Functionaries²⁶ of state military goods trade administration whose negligence²⁷ of duty, indulgence in self-seeking misconduct, abuse of power or acceptance or extortion of other people's property by taking advantage of their positions constitutes a crime shall be investigated of the criminal liability in accordance with law; where a crime has not been constituted, administrative sanctions shall be imposed in accordance with law.

　　Chapter VI Supplementary²⁸ Provisions

　　Article 30 These Regulations shall apply to the export of police equipment.

　　Article 31 These Regulations shall enter into force as of January 1, 1998.

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收听单词发音

1 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

2 unified
(unify 的过去式和过去分词)；统一的；统一标准的；一元化的
参考例句：
The teacher unified the answer of her pupil with hers. 老师核对了学生的答案。 The First Emperor of Qin unified China in 221 B.C. 秦始皇于公元前221年统一中国。

3 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

4 detriment
n.损害；损害物，造成损害的根源
参考例句：
Smoking is a detriment to one's health.吸烟危害健康。 His lack of education is a serious detriment to his career.他的未受教育对他的事业是一种严重的妨碍。

5 abide
vi.遵守；坚持；vt.忍受
参考例句：
You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。 If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

6 capabilities
n.能力( capability的名词复数 )；可能；容量；[复数]潜在能力
参考例句：
He was somewhat pompous and had a high opinion of his own capabilities. 他有点自大，自视甚高。来自辞典例句 Some programmers use tabs to break complex product capabilities into smaller chunks. 一些程序员认为，标签可以将复杂的功能分为每个窗格一组简单的功能。来自About Face 3交互设计精髓

7 detrimental
adj.损害的，造成伤害的
参考例句：
We know that heat treatment is detrimental to milk.我们知道加热对牛奶是不利的。 He wouldn't accept that smoking was detrimental to health.他不相信吸烟有害健康。

8 acceded
v.（正式）加入( accede的过去式和过去分词 )；答应；（通过财产的添附而）增加；开始任职
参考例句：
He acceded to demands for his resignation. 他同意要他辞职的要求。 They have acceded to the treaty. 他们已经加入了那个条约。来自《简明英汉词典》

9 corporate
adj.共同的，全体的；公司的，企业的
参考例句：
This is our corporate responsibility.这是我们共同的责任。 His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。

10 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

11 legitimate
adj.合法的，合理的，合乎逻辑的；v.使合法
参考例句：
Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。 That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

12 entrust
v.信赖，信托，交托
参考例句：
I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。 They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。

13 shipping
n.船运（发货，运输，乘船）
参考例句：
We struck a bargain with an American shipping firm.我们和一家美国船运公司谈成了一笔生意。 There's a shipping charge of ￡5 added to the price.价格之外另加五英镑运输费。

14 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

15 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

16 clearance
n.净空；许可(证)；清算；清除，清理
参考例句：
There was a clearance of only ten centimetres between the two walls.两堵墙之间只有十厘米的空隙。 The ship sailed as soon as it got clearance. 那艘船一办好离港手续立刻启航了。

17 conscientiously
adv.凭良心地；认真地，负责尽职地；老老实实
参考例句：
He kept silent,eating just as conscientiously but as though everything tasted alike. 他一声不吭，闷头吃着，仿佛桌上的饭菜都一个味儿。来自《简明英汉词典》 She discharged all the responsibilities of a minister conscientiously. 她自觉地履行部长的一切职责。来自《简明英汉词典》

18 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

19 infringing
v.违反（规章等）( infringe的现在分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等）
参考例句：
The material can be copied without infringing copyright. 这份材料可以复制，不会侵犯版权。 The media is accused of infringing on people's privacy. 人们指责媒体侵犯了大家的隐私。来自《简明英汉词典》

20 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

21 rectification
n. 改正, 改订, 矫正
参考例句：
The process of producing a shift of the average value is called rectification. 产生平均值移动的过程叫做整流。 This effect, in analogy to its radiofrequency counterpart, is known as optical rectification. 同它的射频对应物相仿，这种现象称为光学整流。

22 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

23 revoked
adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )
参考例句：
It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。来自辞典例句 A will is revoked expressly. 遗嘱可以通过明示推翻。来自辞典例句

24 penalized
对…予以惩罚( penalize的过去式和过去分词 )；使处于不利地位
参考例句：
You will be penalized for poor spelling. 你拼写不好将会受到处罚。 Team members will be penalized for lateness. 队员迟到要受处罚。

25 revoking
v.撤销，取消，废除( revoke的现在分词 )
参考例句：
There are no provisions for revoking the prize. 没有撤销获奖的规定。来自互联网 The decision revoking the patent right shall be registered and announced by the Patent Office. 撤销专利权的决定，由专利局登记和公告。来自互联网

26 functionaries
n.公职人员，官员( functionary的名词复数 )
参考例句：
The Indian transmitters were court functionaries, not missionaries. 印度文化的传递者都是朝廷的官员而不是传教士。来自辞典例句 All government institutions functionaries must implement state laws, decrees and policies. 所有政府机关极其工作人员都必须认真执行国家的法律，法规和政策。来自互联网

27 negligence
n.疏忽，玩忽，粗心大意
参考例句：
They charged him with negligence of duty.他们指责他玩忽职守。 The traffic accident was allegedly due to negligence.这次车祸据说是由于疏忽造成的。

28 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

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