中华人民共和国涉外海洋科学研究管理规定

国务院令第199号
（Promulgated by Decree No. 199 of the State Council of the People's Republic of China on June 18， 1996）
颁布日期：19960618 　实施日期：19961001 　颁布单位：国务院

　　Article 1 These Provisions are formulated¹ for the purposes of strengthening the administration of foreign-related maritime² scientific research conducted in the sea areas under the jurisdiction³ of the People's Republic of China， promoting the exchanges and cooperation in maritime scientific research with foreign countries and safeguarding the national security and maritime rights and interests.

　　Article 2 These Provisions apply to the investigation⁴ and research on the marine⁵ environment and resources， which are conducted for peace purpose and by use of vessels⁷ or other conveyances⁸ and installations by international organizations， foreign organizations and individuals （hereinafter referred to as foreign party） independently or in collaboration⁹ with the organizations from the People's Republic of China （hereinafter referred to as Chinese party） in the internal seas and territorial¹⁰ seas as well as in other sea areas under the jurisdiction of the People's Republic of China， but not to the exploration of marine mineral resources （including marine petroleum¹¹ resources）， the investigation of marine fishery resources and the survey of marine wildlife under special state protection， to which the relevant provisions of laws and regulations of the People's Republic of China apply.

　　Article 3 The state administrative¹² department of marine affairs of the People's Republic of China （hereinafter referred to as the state administrative department of marine affairs） together with agencies established or authorized¹³ by it shall， according to these Provisions， administer foreign-related maritime scientific research conducted in the sea areas under the jurisdiction of the People's Republic of China.

　　Other competent departments under the State Council shall， within their respective scope of authorities specified¹⁴ by the State Council and in consultation¹⁵ with the state administrative department of marine affairs， administer foreign-related maritime scientific research conducted in the sea areas under the jurisdiction of the People's Republic of China.

　　Article 4 A foreign party intending to conduct maritime scientific research in the internal seas or territorial seas of the People's Republic of China should undertake it in collaboration with a Chinese party. In other sea areas under the jurisdiction of the People's Republic of China， a foreign party may conduct maritime scientific research independently or in collaboration with a Chinese party.

　　A maritime scientific research conducted by a foreign party independently or in collaboration with a Chinese party shall be subject to the approval of the state administrative department of marine affairs， or be reported by the state administrative department of marine affairs to the State Council for the approval， and shall be in conformity¹⁶ to laws and regulations of the People's Republic of China.

　　Article 5 For a maritime scientific research to be conducted by a foreign party in collaboration with a Chinese party， the Chinese party should， six months before the scheduled implementation¹⁸ of the maritime scientific research plan， apply to the state administrative department of marine affairs in writing and submit the maritime scientific research plan and other relevant explanatory materials as required.

　　A foreign party intending to conduct maritime scientific research independently should， six months before the scheduled implementation of the maritime scientific research plan， apply to the state administrative department of marine affairs in writing through diplomatic channels and submit the maritime scientific research plan and other relevant explanatory materials as required.

　　After receiving the application for maritime scientific research， the state administrative department of marine affairs shall examine it in consultation with the Foreign Ministry¹⁹， the competent military department and other competent departments under the State Council and， within four months， decide whether or not to grant approval or submit an examination report to the State Council for the decision.

　　Article 6 An applicant²⁰ having been approved to conduct foreign-related maritime scientific research shall， two months before each voyages， submit his plan for offshore²¹ operations by vessel⁶ to the state administrative department of marine affairs for the examination and approval. The state administrative department of marine affairs shall， within one month as from the date of receiving the aforesaid plan， decide whether or not to grant approval， notify the applicant in writing and report to relevant departments under the State Council at the same time.

　　Article 7 The Chinese and foreign parties concerned or the foreign party concerned shall conduct maritime scientific research according to the approved plan for maritime scientific research and the approved plan for offshore operations by vessel. If a major modification²² of the plan for maritime scientific research or the plan for offshore operations by vessel is required in the course of its implementation， prior approval shall be obtained from the state administrative department of marine affairs.

　　If force majeure makes it impossible to implement¹⁷ the approved plan for maritime scientific research or the approved plan for offshore operations by vessel， the Chinese and foreign parties concerned or the foreign party concerned shall promptly²³ report the case to the state administrative department of marine affairs. The party concerned may resume the implementation， or modify， or suspend the implementation of the plan when force majeure has disappeared.

　　Article 8 The introduction into the marine environment of harmful substances， and the exploration or operations by use of explosives without authorization²⁴ shall be prohibited in conducting foreign-related maritime scientific research.

　　Article 9 Where Chinese and foreign parties cooperate to conduct maritime scientific research in the internal seas and territorial seas of the People's Republic of China by use of an investigation vessel of foreign nationality， the vessel operating at sea shall， at 00.00 and 08.00 hundred hours Greenwich mean time every day， report to the state administrative department of marine affairs on its position and activity. Where a foreign party， independently or in collaboration with a Chinese party， conducts maritime scientific research in other sea areas under the jurisdiction of the People's Republic of China by use of an investigation vessel of foreign nationality， the vessel operating at sea shall， at 02.00 hundred hours Greenwich mean time every day， report to the state administrative department of marine affairs on its position and activity.

　　The state administrative department of marine affairs or agencies established or authorized by it may exercise surveillance at sea over the investigation vessel of foreign nationality mentioned in the preceding paragraph or embark²⁵ on the vessel to perform inspection²⁶.

　　Article 10 Where Chinese and foreign parties cooperate to conduct maritime scientific research in the internal seas and territorial seas of the People's Republic of China， original data and samples they have acquired shall belong to the People's Republic of China. The foreign cooperator may use original data and samples free of charge as agreed upon in the contract.

　　Where Chinese and foreign parties cooperate to conduct maritime scientific research in other sea areas under the jurisdiction of the People's Republic of China， original data and samples they have acquired shall be shared Between them according to an agreement， and may be used free of charge by any of them.

　　Where a foreign party conducts maritime scientific research independently， original data and samples he has acquired may be used free of charge by the relevant organizations of the People's Republic of China. The foreign party shall provide free of charge copies of materials and separable samples so acquired for the state administrative department of marine affairs.

　　Without the approval of the state administrative department of marine affairs and other competent departments under the State Council， the Chinese and foreign parties concerned or the foreign party concerned shall not publish or transfer original data and samples they have or he has acquired by conducting maritime scientific research in the sea areas under the jurisdiction of the People's Republic of China.

　　Article 11 When a foreign party has independently completed or Chinese and foreign parties have jointly²⁷ completed maritime scientific research， the investigation vessel of foreign nationality used for the research shall pass the inspection of the state administrative department of marine affairs or agencies established or authorized by it.

　　Article 12 When Chinese and foreign parties have jointly completed maritime scientific research， the Chinese party shall send copies of the research achievement report and the data list to the state administrative department of marine affairs and other competent departments under the State Council.

　　A foreign party having independently completed maritime scientific research shall provide data and samples acquired in the research or their copies and separable samples for the state administrative department of marine affairs， and shall promptly provide the research achievements at each stage and the final research achievement and the conclusion.

　　Article 13 If anyone， in violation²⁸ of these Provisions， conducts foreign-related maritime scientific research， the state administrative department of marine affairs or agencies established or authorized by it shall order him to stop the research， may confiscate²⁹ his implements³⁰ used in the illegal activities and data and samples acquired illegally， and may exclusively or concurrently³¹ impose a fine of not more than 50，000 yuan.

　　If any violation of these Provisions gives rise to heavy losses or serious consequences and thereby³² a crime has been constituted， the offender³³ shall be investigated for criminal liability.

　　Article 14 If an international treaty concluded or acceded³⁴ to by the People's Republic of China contains provisions that differ from these Provisions， the provisions of the international treaty shall apply， except those on which China has made reservations.

　　Article 15 These Provisions come into force on October 1， 1996.