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Management of Chemical Weapons Precursors in China

By Little Pro on 2015-12-29 Views:  Update:2017-01-18

Chemical weapons precursors are certain toxic chemicals and their precursors which can be used in the illicit manufacture of chemical weapons. Examples of such chemicals include sodium cyanide, phosgene and many organic compounds containing the elements Phosphorus, Sulphur or Flourine. In China, those chemical weapons precursors are called controlled chemicals.

China has ratified the Chemical Weapons Convention (CWC) since 1997 and imposed strict license and declaration obligations on companies who produce, trade, use, import and export controlled chemicals.

In China, controlled chemicals are mainly regulated by the following administrative regulations and department rules:

  • Regulations on Administration of Controlled Chemicals - State Council Decree 190;
  • Implementation Rules on the Regulations on Administration of Controlled Chemicals;
  • Lists of Schedules of Controlled Chemicals.

The National CWC Implementation Office, which is under the Ministry of Industry and Information Technology (MIIT), is leading the administration of controlled chemicals.

List of Schedules of Controlled Chemicals

In China, controlled chemicals are listed on different schedules and subject to different regulatory requirements:

  • Schedule 1: Chemical weapons;
  • Schedule 2: Chemicals precursors for chemical weapons;
  • Schedule 3: Dual-use chemicals;
  • Schedule 4: Discrete organic chemicals including PSF chemicals(*).

Discrete organic chemical is defined as any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known, and by Chemical Abstracts Service (CAS) registry number, if assigned.

PSF chemical is defined as an unscheduled discrete organic chemicals containing one or more elements phosphorus, sulfur or fluorine. Producing PSF chemical in China is subject to additional license requirement.

Regulatory Requirements for Chemical Weapons Precursors in China

Production
  • Production license (监控化学品生产特别许可证书) needed for schedule 2 chemicals, schedule 3 chemical and schedule 4 PSF chemicals;
  • License authority: provincial Industry and Information Commission;
Sales & Operation
  • Operation license (第二类监控化学品经营许可) needed for schedule 2 chemicals;
  • License authority: provincial Industry and Information Commission;
  • Check buyers’ use permit before sales;
  • Build solid sales record for inspections;
Use
  • Use license (第二类监控化学品使用许可) for schedule 2 chemicals;
  • License authority: provincial Industry and Information Commission;
  • Only buy controlled chemicals from legal source;
Import & Export
  • Only designated enterprises(i.e., sinochem) can export and import certain schedule 1, 2 & 3 chemicals;
  • Other entities exporting or importing schedule 1, schedule 2 and schedule 3 chemicals must apply for export or import licenses for dual use-items and technologies(两用物项和技术出口许可证);
  • Level 1 license authority: Provincial Industry and Information Commission(former provincial CWC implementation office); then
  • Level 2 license authority: The Ministry of Commerce;
Annual Past Declaration (APD)
  • Declaration bodies: Any entities that produce schedule 2, 3 & 4 chemicals and any entities that process or consume schedule 2 chemicals;
  • Standard declaration form needs to be filled in and submitted to provincial Industry and Information Commission;
  • Deadline: 1 Feb each year;
Annual Anticipated Declaration (AAD)
  • Declaration bodies: Any entities that produce schedule 2 and 3 chemicals and any entities that process or consume schedule 2 chemicals;
  • Standard declaration form needs to be filled in and submitted to provincial Industry and Information Commission;
  • Deadline: 10 Sept each year;

 

It shall be noted that if one controlled chemical is also a hazardous chemical, it has to comply with the requirements of Decree 591 Regulations on Safe Management of Hazardous Chemicals;.

 

 Tags: Topics - ChinaControlled Chemicals Trade

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