Measures for the Public Security Management of Explosives Precursors

Measures for the Public Security Management of Explosives Precursors Order No. 154 of the Ministry of Public Security of the People's Republic of China (No. 154) The Measures for the Public Security Management of Explosives Precursors, as adopted at the minister's executive meeting on May 22, 2019, are hereby issued and shall come into force on August 10, 2019. Minister: Zhao Kezhi July 6, 2019 Measures for the Public Security Management of Explosives Precursors Chapter I General provisions Article 1 For the purposes of strengthening the public security management of explosives precursors, effectively preventing the public security risks of explosives precursors, and protecting the safety of life and property for the general public, these Measures are developed in accordance with the provisions set forth in the Counterterrorism Law of the People's Republic of China , the Regulation on the Safety Management of Hazardous Chemicals , the Regulation on Internal Security and Safeguard for Enterprises and Public Institutions , and other relevant laws and regulations. Article 2 These Measures shall apply to the public security management of manufacture, operation, storage, use, transport and disposal of explosive precursors. Article 3 For the purpose of these Measures, “explosive precursors” mean the chemical substances that are listed on the catalogue of explosive precursors determined and released by the Ministry of Public Security and that can be used to manufacture explosive products. Article 4 For the purpose of these Measures, “entities engaging in explosives precursors” mean the entities that manufacture, operate, store, use, transport and dispose of explosives precursors. Article 5 The public security management of explosives precursors shall follow the principle of “safety first, prevention primary, governance according to the law, and systematic management”; and the primary responsibilities of entities engaging in explosives precursors shall be strengthened and fulfilled. The person-in-charge of an entity engaging in explosives precursors shall be mainly responsible for its public security management, and take the full responsibility for the public security management of explosives precursors. Article 6 An entity engaging in explosives precursors shall establish its own information system for explosives precursors and support interconnection with the information system of the public security organ. The public security organ and the entity engaging in explosives precursors shall support the electronic label tracking management for explosives precursors so as to monitor and record their flowing direction and quantity. Article 7 Any entity or individual shall have the right to report a violation of the provisions concerning the public security management of explosives precursors; and the public security organ receiving the report shall investigate into the violation in a timely manner according to the law, keep it confidential for the reporter, and grant a reward to the reporter accordingly. Article 8 Entities engaging in explosives precursors shall strengthen the inspection, assessment, rewarding and punishment for the public security management, promptly eliminate hidden dangers once discovered, and save the inspection and elimination records. Chapter II Registration of sale, purchases and flowing direction of explosives precursors Article 9 The public security organ shall urge an entity engaging in explosives precursors to establish an information system after receiving the notification of the emergency management authority at the same level on issuing the permits for safe production of hazardous chemicals, the permits for safe use of hazardous chemicals, the permits for business operation of hazardous chemicals, and the permits for safe production of fireworks and crackers. Article 10 Enterprises that obtain the permits for safe production of hazardous chemicals, the permits for safe use of hazardous chemicals, and the permits for business operation of hazardous chemicals according to the law shall purchase explosives precursors with the relevant permits. Manufacturers of civil explosives shall purchase explosives precursors with the permits for manufacture of civil explosives. Article 11 If an entity other than those prescribed in Article 10 of these Measures purchases explosive precursors, it shall submit the following materials to the seller: 1. photocopies of legal certificates of the entity such as Business License, and Legal Person Certificate for a Public Institution, as well as a photocopy of the identity certificate of the responsible person; and 2. instructions on how to legally use explosives precursors, including such contents as specific usage, types, and quantity of explosives precursors. Individuals are strictly prohibited from buying explosives precursors. Article 12 A manufacturer or a business operator of hazardous chemicals that sells explosives precursors shall check and examine the relevant permits or certificates as prescribed in Article 10 or Article 11 of these Measures, and shall not sell explosives precursors to any entity without the relevant permits or certificates or to any individual. Article 13 The sale, purchase and transfer of explosives precursors shall be completed through the enterprise's bank account or electronic account, and may not be completed in cash or in kind. Article 14 A manufacturer or a business operator of hazardous chemicals that sells explosives precursors shall record the name and address of the buyer; the name and ID number of the responsible person; and the types, quantity and usage of explosives precursors purchased. The photocopies of sales records and relevant permits or the photocopies of certificates and the responsible person's identity certificates shall be stored for no less than one year. A seller and a buyer of explosives precursors shall, within five days after the selling and purchasing, shall report the information about the types, quantity and flowing direction of explosives precursors sold or purchased to the local county-level public security organ for recordation. Article 15 Manufacturers, importers and re-packers of e......