Wei Jianguo on "ephedrine-type of precursor chemicals export enterprises approved interim procedures" related issues A network of the Chinese government asked
To prevent the inflow of foreign ephedrine illegal channels to effectively standardize the ephedrine type of precursor chemicals exports, the Commerce Department a few days ago in the Ministry of Public Security, General Administration of Customs and the State Food and Drug Administration issued a "category of ephedrine precursor chemicals exports Interim Measures approved enterprises "(hereinafter referred to as" approach "). To help the public better understand the "measures" the relevant provisions of the Ministry of Commerce Wei Jianguo, vice minister accepted an interview with the Chinese government network.
Q: What is ephedrine? Why should we develop "measures"?
A: ephedrine from the plant Ephedra alkaloids extracted, also known as ephedrine, can also be obtained by chemical synthesis. Ephedrine is both a pharmaceutical raw materials and manufacturing methamphetamine (commonly known as "ice") precursors. "Measures" referred to ephedrine-type of precursor chemicals is the inclusion of "precursor chemicals Management Ordinance" Schedule of ephedrine, pseudoephedrine, ephedrine racemate, norepinephrine ephedrine, methyl ephedrine, ephedra extract, ephedra extract powder substances ephedrine and its salts, including raw materials and its unilateral preparation.
At present, the abuse of methamphetamine and other new types of drugs, the increasing number of traditional drugs and new drug cross-abuse, anti-narcotics work in our country faces new problems. In December 1998, the former Foreign Trade and Economic Cooperation in the Ministry of Public Security, General Administration of Customs and the former State Drug Administration issued a "ephedrine products on the strengthening of export control related issues," which identified ephedrine products export enterprises to take approved business management model. In August 2005 the State Council announced the "precursor chemicals Management Ordinance" also follows the system. To implement this system, to further enhance the export enterprises approved ephedrine management, refinement of the measures, the Commerce Department in the Ministry of Public Security, General Administration of Customs and the State Food and Drug Administration issued a "solution."
Q: enterprise applications should be approved with the conditions?
A: First of all, the enterprises engaged in export of ephedrine must be in line with the Foreign Trade Law and the "foreign trade operators to register management approach" and other provisions of the legitimate foreign trade operators.
Secondly, the enterprises engaged in export of ephedrine shall ensure that the ephedrine type of precursor chemicals legally exported to avoid the diversion into illicit channels. Have been subject to criminal penalties and administrative penalties for enterprises, 3 years shall not be eligible to apply for approved enterprises; enterprises must establish a special category of ephedrine precursor chemicals export management mechanism and is equipped with specialized managers; enterprise legal representative and managers must have related precursor chemicals knowledge and management experience.
Third, ephedrine exporters of raw materials have a relatively fixed supply channels. This is mainly in order to encourage enterprises to adopt scientific methods of artificial cultivation of Ephedra, the establishment of artificial Ephedra raw materials base, protection of natural resources Ephedra to prevent indiscriminate cutting滥采.
Q: approved enterprise, the application and vetting procedures to go through what?
A: First, enterprise application and related materials. Approved before the expiry of three months, the Ministry of Commerce issued a notice of eligibility approved, enterprises in the notification requirement within the time limit to submit the provincial department in charge of business in line with the "measures" the provisions of documents. Foreign-invested enterprises should also submit a joint annual inspection stamping through the logo of enterprises with foreign investment approval certificate (a copy of a photocopy) and corporate joint venture contract or statute, capital verification report, business license (copy of a photocopy).
Second, the provincial commerce department in charge of the first instance. Provincial department in charge of business enterprises receiving the materials submitted within 20 days from the date of completion of the trial work, qualified first instance, to the first instance advice and related materials audited the Ministry of Commerce reported.
Third, the Ministry of Commerce and the State Food and Drug Administration review. Since the first instance the Ministry of Commerce received comments and related materials within 20 days
Q: approved enterprise qualification period is how long?
A: ephedrine type of precursor chemicals export enterprises approved the list once every two years, by the Ministry of Commerce published in the form of a notice. Set up a two-year eligibility period, in line with the cycle of artificial cultivation base for setting the rules for the new enterprise provides the possibility of access, but also to ensure the qualifications of enterprises has been a relatively stable operating period, resulting in dynamic management At the same time, ensure that the export of good order.
Q: "measures" after the enactment of the original approved enterprises can continue to enjoy the approved qualifications?
A: Since the "measures" implemented within 60 days from the date of the original approved enterprises should re-qualified in accordance with the regulations approved. Specified period of time did not fulfill the relevant procedures, the abolition of the original approved qualifications.
Q: With regard to enterprises engaged in export of ephedrine should be paid attention to those issues?
A: The "solution" to the export conduct strict monitoring measures, the source of products, customs check point, the business activities of records and reports, export procedures, and other restrictions. Export enterprises should pay attention to the following points:
First, on the source of export products. Approved enterprises manufacturing enterprises can only export its own ephedrine-type of precursor chemicals; approved enterprises circulation enterprises can only be acquired with the production, the enterprise business license ephedrine type of precursor chemicals.
The second is on the customs points. Ephedrine type of precursor chemicals export limit in Beijing, Tianjin, Shanghai and Shenzhen ports customs declaration, and the actual departure on the same port.
The third is on the export of recording and reporting of business activities. Approved the establishment of the enterprises should have a special category of ephedrine precursor chemicals exports台账, a detailed record of the export business activities, and retain records for two years for future reference; March 31 each year, approved enterprises should also be provided to the provincial department in charge of business and public security sector, food and drug regulatory authorities on the annual report of ephedrine-type of precursor chemicals exports.
The fourth is on the export of natural Ephedra. Ephedra is a key state protection, management of wild-fixing plants, in the protection of the ecological environment and grassland resources, the prevention of desertification, which plays an important role. Ephedra for the protection of resources and the natural environment, the state banned the export of natural Ephedra.
The fifth is on the export licensing procedures. Export licensing procedures in strict accordance with the "precursor chemicals Management Ordinance" and "precursor chemicals import and export regulations," the relevant regulations.
Q: violation of the "measures" provisions, will be what kind of punishment?
A: As for the following types of illegal acts, "measures" provisions of the corresponding legal responsibilities:
Deception or other improper means to acquire qualifications approved enterprises, the Ministry of Commerce approved the revocation of their business in accordance with law qualifications, and may be given a warning or a fine of 3 million or less; illegal enterprises within three years shall not be eligible to re-apply for an approved enterprise.
The source of export products in violation of restrictions on business activities in violation of export records and reporting obligations, the competent authorities do not accept business and food and drug supervision and management of regulatory authorities, a set period of time ordered by the Ministry of Commerce and Department warning or 3 million fine; overdue resist not corrected, may revoke the qualifications approved enterprises.
In violation of other provisions of relevant laws and regulations, the Ministry of Commerce visual seriousness of the case to remove the illegal enterprises approved eligible enterprises.
(Information Source: Ministry of Commerce Industry Division)