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Regulations
of the People's Republic of China on the Management of foreign-related
Marine Scientific Research
(Promulgated
by Decree No.199 of the State
Council of the People's Republic of China on June
18,1996 and effective as of October 1,1996)
Article 1 These Regulations are formulated for the purpose
of improving the management of foreign-related marine scientific
research activities in the sea areas under the jurisdiction
of the People's Republic of China,promoting international
exchange and cooperation in marine scientific research,and safeguarding
the State's security and its maritime rights and interests.
Article 2 These Regulations shall apply to the conduct by
international organizations,organizations and individuals
of any foreign country(hereinafter referred to as the foreign
side)of survey activities and research on marine environment
and marine resources in the internal sea,territorial sea and
other sea areas under the jurisdiction of the People's Republic
of China solely for peaceful purposes by themselves or in
cooperation with Chinese organizations
(hereinafter referred to as the Chinese side)by the use of
ships,other vehicles or facilities.However,the exploration
of marine mineral resources (including marine petroleum resource),
survey of marine fishery resources , and investigation of
the marine wildlife under priority protection of the state
shall be subject to the relevant provisions of other laws
and administrative statutes of the People's Republic of China.
Article 3 The competent state administrative authority of
the People's Republic of China for marine affairs (hereinafter
referred to as the competent authority for marine affairs)
and its agencies or the associated agencies with its mandate
shall be responsible for the management of foreignrelated
marine scientific research activities in the sea areas under
the jurisdiction of the People's Republic of China in accordance
with the present Regulations.
Other departments concerned under the State Council shall,as
required by their responsibilities defined by the State Council, participate
in the management of foreign-related marine scientific research
activities in the sea areas under the jurisdiction of the
People's Republic of China in cooperation with the competent
authority for marine affairs.
Article 4 The marine scientific research activities by the
foreign side in the internal sea and territorial sea of the
People's Republic of China shall be carried out in cooperation
with the Chinese side.In other sea areas under the jurisdiction
of the People's Republic of China,the foreign side may conduct
such activities by itself or in cooperation with the Chinese
side.
Any marine scientific research activities conducted by the
foreign side alone or in cooperation with the Chinese side
shall be subject to approval from the competent authority
for marine affairs or from the State Council through the competent
authority for marine affairs and shall comply with the relevant
laws and statutes of the People's
Republic of China.
Article 5 For marine scientific research activities to be
conducted jointly by the foreign and the Chinese sides,the
Chinese side shall,according to the relevant regulations,be
responsible for applying to the competent authority for marine
affairs in writing
for approval six months prior to the scheduled commencement
of such activities and shall attach to their application a
research plan and other relevant illustrative materials.
For marine scientific research activities to be conducted
by the foreign side alone,the foreign side shall,through diplomatic
channels,apply to the competent authority for marine affairs
in writing for approval and shall attach therewith a research
plan
and other relevant illustrative materials according to the
regulations,six months prior to the scheduled commencement
of its research activities.
On receiving an application for marine scientific research
activities,the competent state authority for marine affairs
shall examine the application together with the Ministry of
Foreign Affairs,the competent military authorities and other
relevant departments under the State Council and shall,within
four months after the date of receiving the application,decide
whether to approve or disapprove,or to submit the case with
its comments to the State Council for a final decision.
Article 6 Once the plan for marine scientific research activities
is approved,the applicant shall submit for approval to the
competent authority for marine affairs his detailed ship operational
plan at sea two months prior to the commencement of each cruise.The
competent authority for marine affairs shall decide whether
to approve or disapprove within one month from the date of
receiving the plan and notify the applicant of its decision
in writing and inform the relevant departments under the State
Council of the matter.
Article 7 Both the foreign and Chinese sides or otherwise
the foreign side shall conduct their research activities according
to the approved marine scientific research plan and the ship
operational plan at sea.Prior authorization from the competent
authority for marine affairs is required for any major change
to the approved marine scientific research plan and the ship
operational plan at sea. Prior
authorization from the competent authority for marine affairs
is required for any major change
to approved marine scientific research plan and the ship operational
plan at sea in case there is such a need.
In case the approved marine scientific research plan or
the ship operational plan at sea cannot be carried out due
to force majeure, both the Chinese and foreign sides or the
foreign side shall report to the competent authority for marine
affairs;and may resume its implementation,change or suspend
the plan when the force majeure disappears.
Article 8 During the marine scientific research activities,no
harmful substances shall be introduced into the marine environment, and
without authorization,no drilling operations or operations
with explosives shall be conducted.
Article 9 In jointly conducting marine scientific research
activities in the internal sea or territorial sea of the People's
Republic of China by using a foreign research vessel, the
positions and activities of the ship shall be reported to
the competent authority for marine affairs at 00:00 and 08:00GMT
every day.If marine scientific research activities are conducted
by the foreign side alone or in cooperation with the Chinese
side in other sea areas under the jurisdiction of the People's
Republic of China by using a foreign research vessel,the position
and activities of the vessel involved shall be reported to
the competent authority for marine affairs at 02:00 GMT every
day.
The competent authority for marine affairs,its agencies
or the associated agencies with its mandate may monitor or
board the said research vessel at sea for inspection.
Article 10 The raw data and original samples obtained from
the marine scientific research activities jointly conducted
by the Chinese side and foreign side in the internal sea and
territorial sea of the People's Republic of China belong to
the People's Republic
of China.The foreign side may use them free of charge according
to the agreement reached in the contract.
The raw data and original samples obtained from the marine
scientific research activities conducted jointly by the Chinese
and foreign sides in other sea areas under the jurisdiction
of the People's Republic of China shall be shared and used
free of charge by both sides according to the agreement provided
that the relevant laws,statutes and regulations of the People's
Republic of China are not violated.
The raw data and original samples obtained in the marine
scientific research activies conducted by the foreign side
alone may be used free of charge by the relevant organizations of
the People's Republic of China.And their duplicates and separable
samples shall be
supplied to the competent authority for marine affairs free
of charge.
No raw data and original samples obtained from the marine
scientific research activities conducted in the sea areas
under the jurisdiction of the People's Republic of China shall be
published or transferred by the two sides involved or by the
foreign side alone without the consent of the competent authority
for marine affairs and other relevant departments under the
State Council.
Article 11 After the completion of the marine scientific
research activities conducted jointly by the Chinese side
and foreign side or by the foreign side alone,the foreign research
vessel used shall be subject to inspection by the competent
authority for marine affairs or its agencies or the associated
agencies with its mandate.
Article 12 After the completion of the marine scientific
research activities conducted jointly by the Chinese side
and the foreign side,the Chinese side shall send a copy of the
research results and a list of data to the competent authority
for marine affairs and the relevant departments under the
State Council.
The foreign side,after its completion of the marine scientific
research activities alone,shall provide the competent authority
for marine affairs with data or duplicate of data and samples
or separable samples obtained from these activities,and it
shall also provide,in a timely fashion,the phased research
results and the final results and conclusion of the research.
Article 13 In case of any violation of the present Regulations
in conducting foreign-related marine scientific rcsearch
activities,the competent authority for marine affairs or its
agencies or the associated agencies with its mandate shall
order an end to these activities,and may confiscate all the
research instruments and equipment involved,the data and samples obtained
or impose a fine up to RMB 50,000,or both.
Those who have constituted a crime as a result of violating
the present Regulations and consequently caused significant
losses and serious consequences shall be investigated for
criminal liabilities according to relevant laws.
Article 14 In case of any discrepancy between the present
Regulations and the provisions of the international treaties
signed or accepted by the People's Republic of China,the provisions
of the international treaties shall prevail,with the exception
of those provisions about which the People's Republic of China
has declared reservations.
Article 15 The present regulations shall come into force
as of October 1, 1996.
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