Little Pro on 2017-04-14 Views: Update:2018-08-13
The export and import of certain chemicals in China is strictly controlled due to their possible use as chemical weapons or for producing chemical weapons. Examples of such controlled chemicals include sodium cyanide, phosgene and many organic compounds containing the elements Phosphorus, Sulphur or Flourine. 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 this article, we will summarize how to comply with regulations on controlled chemicals in China and what you need to do when exporting or importing controlled chemicals to China.
The National CWC Implementation Office, which sits under the Ministry of Industry and Information Technology (MIIT), is leading the administration of controlled chemicals (i.e, production permit, annual reporting) in China. The Ministry of Commerce is responsible for issuing export license for dual-use items and end-use certificate.
In China, controlled chemicals are listed on 4 different schedules and subject to different regulatory requirements:
The above lists of controlled chemicals can be downloaded here (in Chinese). The lists are equivalent to the lists of controlled chemicals under the Chemical Weapons Convention. The definition of discrete organic chemicals and PSF chemicals is listed as follows.
|Sales & distribution||
|Import & Export||
|Annual Past Declaration (APD)||
|Annual Anticipated Declaration (AAD)||
Declaration records and sales records must be kept for 3 years.
Note: 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. The import and export of drug precursor chemicals may also require permit for dual use items.
Most of companies who export chemicals to China usually deal with schedule 3 chemicals and schedule 4 chemicals. Firstly, exporters need to check if their products are controlled chemicals or not and whether any production permit, or export/import permit is required (schedule 4 chemicals might not require such permits). If yes, they need to get export permits for controlled chemicals from their own national authorities before exporting chemicals to China. Secondly, they need to inform their customers in China and make sure that their customers have applied for end-use certificate (最终用户和最终用途说明）from provincial or national commerce department. Without this end-use certificate, exporters might not get their export permit. Thirdly, exporters may need to submit annual declarations such APD and AAD to national authorities.
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