China Data Supplement December 2006

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China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 57 Article 11 In handling a nuclear export that may have an important impact on national security, public interests, or foreign policy, the state atomic energy authority, COSTIND, and the Ministry of Commerce shall, during their examination or review, consult the Ministry of Foreign Affairs and other relevant departments. If necessary, they shall submit the case to the State Council for examination and approval. Cases submitted to the State Council for examination and approval shall not be subject to the time frames provided for in Article 10 of these regulations. Article 12 For nuclear export applications that have been approved through review or examination and approval as provided for in these regulations, the Ministry of Commerce shall issue nuclear export permits. Article 13 The bearer of a nuclear export permit who changes the items and related technologies for which the original export application was filed shall return the original permit and file a new application to obtain a nuclear export permit pursuant to the provisions of these regulations. Article 14 Upon issuance of a nuclear export permit, the Ministry of Commerce shall notify the state atomic energy authority in writing. Article 15 When handling nuclear exports, a unit designated to exclusively handle said nuclear exports shall present the nuclear export permit to the customs authorities, complete customs procedures pursuant to the provisions of the Customs Law, and accept supervision and control by the customs authorities. Article 16 The customs authorities may question an exporter whether nuclear export documents need to be processed for the items and related technologies being exported and may ask the exporter to apply with the Ministry of Commerce for a certificate testifying whether they are covered by the scope of nuclear export control. Where they fall within the scope of nuclear export control, an application shall be filed pursuant to the provisions of these regulations to obtain a nuclear export permit. Article 17 If the recipient or its government violates the pledges it has made pursuant to the provisions of Article 5 of these regulations, or if there is the danger of nuclear proliferation or nuclear terrorism, COSTIND and the Ministry of Commerce, in conjunction with the Ministry of Foreign Affairs and other relevant departments, has the right to make a decision to suspend the export of related items or technologies. They shall notify the customs authorities in writing for the purposes of implementation. Article 18 Where nuclear materials, nuclear equipment, or non-nuclear materials for use in reactors are exported in violation of the provisions of these regulations, punishment shall be meted out pursuant to the provisions of the Customs Law. Where related technologies listed on the "Control List" are exported in violation of the provisions of these regulations, the Ministry of Commerce shall issue a warning and impose a fine no less than twice but no more than six times the amount involved in the illegal transaction. If the amount of the illegal transaction is less than 50,000 yuan [approx 6,400 US dollars], a fine no less than 50,000 yuan but no more than 250,000 yuan shall be levied. Any illicit proceeds shall be confiscated. If a crime has been committed, criminal liability shall be investigated according to law. Article 19 Those who forge, alter, buy, or sell nuclear export permits, or obtain nuclear export permits through deception and other improper means, shall be penalized pursuant to the provisions of relevant laws and administrative statutes. If crimes have been committed, criminal liability shall be investigated according to law. Article 20 Where state personnel involved in nuclear export control neglect their duties, commit fraud to seek personal gain, or abuse their power, and if their actions constitute crimes, their criminal liability shall be investigated according to law. If their actions do not constitute crimes, they shall be given disciplinary action according to law. Article 21
58 December 2006 The state atomic energy authority, together with COSTIND, the Ministry of Commerce, the Ministry of Foreign Affairs, the General Administration of Customs, and other relevant departments, may adjust the "Control List" in light of the actual circumstances and release it to the public. Article 22 In the event certain provisions of an international treaty to which the People's Republic of China is a signatory or to which it has acceded differ from those in these regulations, the provisions of the international treaty shall apply; however, clauses over which the People's Republic of China has expressed its reservations are excepted. Article 23 The provisions of these regulations shall apply to exports of items listed on the "Control List" and related technologies from areas subject to special customs supervision and control, such as bonded warehouses, bonded zones, and export processing zones, as well as other bonded venues. The transit, transshipment, and through-shipping of items listed on the "Control List" and related technologies shall be handled with reference to the provisions of these regulations. Article 24 These regulations shall take effect on the date of their promulgation. (Xinhua, 1 Dec 06 , in BBC PF, 3 Dec 06; RMRB, 2 Dec 06) Regulations on the Organization and Management of Public Security Organs, adopted at the 154th executive meeting of the State Council on 1 November 2006. These regulations will take effect as of 1 January 2007. (Decree No.479 of the PRC State Council, signed by Wen Jiabao, Premier of the State Council, on 13 November 2006) (Full text of the rules: RMRB, 25 Nov 06) The regulations consist of seven chapters with 42 articles. China has revised its regulations on medical service advertisements in an attempt to put a stop to false and misleading advertising. The new regulations, which will take effect on 1 January, 2007, will eliminate exaggeration of the effects of certain medical treatments by banning the mention of any disease names, the Beijing News reported. An advertisement can reveal no more than the following information: name of the medical institution, its address and phone number, specialty and qualification, type of ownership, number of beds and opening hours. Medical advertisements will continue to be approved by provincial health authorities, but more emphasis will be placed on vetting the text used in the adverts to market the products. "No change can be made to the approved advertisements. Not even a comma can be changed," Zhou Jun, a senior official from the Ministry of Health, was quoted as saying. The new regulations also increased the penalty for violating the law. In serious cases, medical institutions can be suspended or even have their licences revoked. Statistics show that the medical industry was the sixth largest spender on advertising in 2005, spending 7.6bn yuan (96m US dollars). Illegal and false medical advertisements have been on rise. In the first nine months of the year, 4,644 cases were dealt with by the authorities. The new regulations are expected to have an adverse impact on China's burgeoning private hospitals. "If the new regulations are enforced, medical advertisements will be mere announcements," the China Business News quoted an unidentified source with a Shanghai-based private hospital as saying. Private hospitals are usually not designated hospitals for government workers or clients of medical insurance, hence they need advertising more than their state-owned counterparts, the source said. (XNA, 28 Nov 06) China's highest criminal prosecution body has issued new regulations detailing procedures for recording and videotaping interrogations of people suspected of white-collar crime in a bid to stamp out confessions extracted by torture. According to the newly-released regulations by the Supreme People's Procuratorate (SPP), interrogations should be recorded and filmed live and in whole. The recording should begin when the suspect enters the room for questioning, and end after the suspect has checked the confession transcript, signed his or her name and put a thumbprint on the document, the regulations read.The regulations specify that at fixed interrogation venues, technicians must videotape the scene in Picture-in-Picture (PIP) mode. The suspect should be seen front on and occupy the centre of the main video picture so that his or her posture and expression can be seen, as well as the time of recording, while the sub video picture should present a panorama of the site. In temporary questioning sites where PIP equipment is not available, the video picture should mainly cover the suspect but the recording time and the panorama should be shown from time to time. The internal temperature and humidity and prosecutors at the scene should be shown at the beginning, the regulations read. Raw videotape materials must be put into a sealed bag after the technicians, prosecutors and suspect have all put their thumbprint to it. The regulations also lay down the specific procedure for the storage, copying, transfer and reception of recording and videotape materials. According to Chinese laws, it is the function of people's procuratorates to investigate crimes at work such as corruption, bribery and dereliction of duty. The Supreme People's Procuratorate has embarked on a campaign to clean up illegal interrogations. It decreed in March this year that synchronous video and audio recordings shall be adopted during interrogations in major cases,
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ISSN 0943-7533 China Data Supplemen
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2 December 2006 The Main National L
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Page 27 and 28: 26 December 2006 MASS ORGANIZATIONS
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China Data Supplement December 2006

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