Regulations of the PRC foreign marine scientific research

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Overview Full Article Article Article Article Article Article Article Article Article IX Article X Article XI Article XII tenth three English versions of Article XIV Article XV Article 1Article 2Article 3Article 4Article 5Article 6Article 7Article 8Article 9Article 10Article 11Article 12Article 13Article 14Article 15 books about marine science disciplines "China Marine Science Development Strategy," "Introduction to Marine Science" "Ocean Secret 50 years - based on marine science research "to start editing this section Overview Title】 China 【foreign marine scientific research management regulations promulgated by the State Council [Unit] Reference number] issued Order No. 199 [time] 1996-6-18 Editor The text of paragraph (June 18, 1996 the State Council Order No. First ninety-nine released since October 1, 1996 shall come into force) In order to strengthen the waters under the jurisdiction of the People's Republic on foreign marine scientific research activities carried out within the management of promote marine scientific research international exchanges and cooperation, safeguarding national security and maritime rights and interests, the enactment of this provision. These rules shall apply to international organizations, foreign organizations and individuals (hereinafter referred to as foreign) for peaceful purposes, alone or with the PRC organization (hereinafter referred to as China) cooperation, the use of ships or other means of delivery, facilities, in China seas, territorial waters and other waters under the jurisdiction of the PRC carried out within the marine environment and marine resources and other research activities. However, marine mineral resources (including marine petroleum resources) exploration, marine fisheries resources survey and national key protected marine wildlife trips and other activities for the relevant PRC laws and administrative regulations. Article 3 The National Oceanic and administrative departments (hereinafter referred to as national marine administrative department) and its agencies or its authorized institution in the PRC within the waters under the jurisdiction of the foreign marine scientific research activities, in accordance with the provisions of the implementation of management. Other departments concerned under the State Council's responsibilities, together with national marine administrative department of the People's Republic published within waters under the jurisdiction of the foreign marine scientific research activities carried out the implementation and management. Article 4 of the PRC inland sea, territorial sea, foreign marine scientific research activities shall adopt a cooperative approach with China. Other sea areas under the jurisdiction of the People's Republic, the foreign can be used alone or in cooperation with the Chinese marine scientific research activities. Alone or in cooperation with the Chinese foreign marine scientific research activities shall be subject to approval of the National Oceanic administrative department or by the National Oceanic and submitted to the State Council administrative department approval, and compliance with the relevant PRC laws and regulations. Article cooperation with the Chinese foreign marine scientific research activities, the Chinese side should be scheduled in the marine scientific research project start date six months prior to the administrative department of the National Oceanic submit a written application, submitted in accordance with the provisions of marine scientific research programs and other For explanatory materials. National Oceanic administrative department of marine scientific research applications received after the Ministry of Foreign Affairs shall, jointly, military authorities and other related departments to review, in the four months to make a decision of approval or disapproval, or review comments submitted to the State Council. Article VI approved for foreign marine scientific research activities, the applicant shall begin at the date of each voyage two months ago, will be submitted to the State program of activities at sea vessels marine administrative department for approval. National Oceanic and administrative departments shall receive the program of activities of vessels at sea within one month from the date of approval or disapproval made the decision and notify the applicant in writing, while informing the State Council departments. Article related foreign parties or foreign should be in accordance with the approved plans and sea vessels marine scientific research activities planned marine scientific research activities; marine scientific research project or program activities of vessels at sea in the implementation process need to make major changes, it shall levy National Oceanic and administrative departments have to agree. Can not be performed due to force majeure approved plan or sea vessels marine scientific research activities planned, the relevant Chinese and foreign parties shall promptly report or foreign national marine administrative department; force majeure disappears, you can resume execution, modification plan or suspend execution plan. Article 8 of the foreign marine scientific research activities shall not be harmful substances into the marine environment, the role will be allowed to drill or explosives operations. Article IX foreign cooperation with foreign research vessel in the People's Republic of inland sea, marine scientific research activities carried out within the territorial sea, the ship should be in Greenwich Mean Time jobs daily 00 am and 08 pm, the National Oceanic and administrative departments report their positions and vessel activity. Alone or in cooperation with foreign foreign foreign research vessel other sea areas under the jurisdiction of the People's Republic of conduct marine administrative departments report their positions and vessel activity. National Oceanic and administrative departments or its agency, its delegate agencies can carry out the preceding foreign research vessel maritime surveillance or boarding. Article Sino-foreign cooperation in the People's Republic of inland sea, marine scientific research activities carried out within the territorial sea of ​​the obtained raw data and samples, all owned by China, to participate in collaborative research foreign can use free of charge in accordance with the contract. Sino-foreign cooperation in other sea areas under the jurisdiction of the PRC to conduct marine scientific research activities to obtain raw materials and samples, without violating the relevant PRC laws and regulations and relevant provisions of the premise, according to the agreement by the Chinese and foreign parties to share, you can free use. Foreign marine scientific research activities separately acquired raw data and samples relevant PRC organization can use free of charge; foreign shall apply to the administrative department of the National Oceanic gratis copy of the information obtained can be divided into parts and samples. Without the administrative department and the National Oceanic and other related departments agreed that the Chinese and foreign parties shall not be published or foreign or transfer within the waters under the jurisdiction of the People's Republic of marine scientific research activities to obtain raw materials and samples. Article XI foreign cooperation in marine scientific research activities after the end of, the use of foreign research vessel shall accept the national marine administrative department, or agency, its delegate agency inspection. Article XII of foreign cooperation in marine scientific research activities after the end of the Chinese side shall send a copy of research results and data directory national marine administrative departments and relevant departments of the State Council, and provide timely, relevant research results and the final stage of research results and conclusions. Violation of the provisions of Article XIII foreign marine scientific research activities by the National Oceanic and administrative department or its agency, its delegate agencies ordered to stop the activity, you can confiscate illegal activities appliances, confiscate the illegal access to data and samples, You can separately or concurrently 50,000 yuan fine. Article XIV of the PRC concluded or acceded to the provisions of international treaties and has different requirements and applicable provisions of the international treaty; However, China has made reservations to the terms thereof. Article 15 The provisions since October 1, 1996 into effect. Edit this paragraph in English Article 1These Provisions are formulated for the purposes of strengthening the administration of foreign-related maritime scientific research conducted in the sea areas under the jurisdiction 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 2These Provisions apply to the investigation and research on the marine environment and resources, which are conducted for peace purpose and by use of vessels or other conveyances and installations by international organizations, foreign organizations and individuals (hereinafter referred to as foreign party) independently or in collaboration with the organizations from the People's Republic of China (hereinafter referred to as Chinese party) in the internal seas and territorial 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 petroleum 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 3The state administrative 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 authorized 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 specified by the State Council and in consultation 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 4A 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 conformity to laws and regulations of the People's Republic of China. Article 5For 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 implementation 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 Ministry, 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 6An applicant having been approved to conduct foreign-related maritime scientific research shall, two months before each voyages, submit his plan for offshore operations by vessel 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 7The 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 modification 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 implement 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 promptly 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 8The introduction into the marine environment of harmful substances, and the exploration or operations by use of explosives without authorization shall be prohibited in conducting foreign-related maritime scientific research. Article 9Where 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 embark on the vessel to perform inspection. Article 10Where 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 11When a foreign party has independently completed or Chinese and foreign parties have jointly 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 12When 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 13If anyone, in violation 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 confiscate his implements used in the illegal activities and data and samples acquired illegally, and may exclusively or concurrently 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 thereby a crime has been constituted, the offender shall be investigated for criminal liability. Article 14If an international treaty concluded or acceded 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 15These Provisions come into force on October 1, 1996. 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