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On January 20, 2019, the Chinese Ministry of Public Security (MPS) released the Measures for Public Security Administration of Explosive Precursor Hazardous Chemicals for public consultation, with an aim to enhance public security administration concerning explosive precursor hazardous chemical. The consultation will end on February 20.
The draft Measures contains seven chapters, including:
Chapter 1 General Provisions
Chapter 2 Record Filing for Sales, Purchases, and Distribution
Chapter 3 Disposal, Use, Transport, and Information Release
Chapter 4 Public Security Precautions
Chapter 5 Supervision and Inspections
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
For a long time, the control and management of explosive precursor hazardous chemicals in China has been administrated with reference to several different laws and regulations, such as the Regulations on the Control over Safety of Hazardous Chemicals and the Law on Penalties for Administration of Public Security. The 2011 edition of the Regulations on the Control over Safety of Hazardous Chemicals specified that explosive precursor hazardous chemicals should be subject to special regulation. Later the MPS began compiling the Catalogue of Explosive Precursor Hazardous Chemicals, and the list had included 68 chemicals falling under 9 categories by 2017.
Explosive precursor hazardous chemicals in the Measures refer to chemicals which are included in the MPS’s Catalogue of Explosive Precursor Hazardous Chemicals and can be used in the manufacture of explosives.
The Measures provides stringent regulations on the sale, purchase, and distribution of explosive precursor hazardous chemicals. It explicitly states that purchases of explosive precursor hazardous chemicals by individuals should be strictly prohibited, and that relevant transactions must be conducted using corporate bank accounts or electronic accounts, rather than in cash. Entities selling or purchasing explosive precursor hazardous chemicals shall, within 5 days of sale or purchase, submit information such as the category, quantity and distribution of such chemicals to local county-level public security agencies for record filing through the explosive precursor hazardous chemicals information system.
With regard to the delivery of explosive precursor hazardous chemicals, no entity or individual may send such chemicals by mail, mail them in the midst of other mailed items, mail them disguised as normal items, or have such chemicals shipped by enterprises without licenses for transport of hazardous goods.
Notably, the Measures also requires that individuals must not publish any information concerning the manufacture, operation, storage and use of explosive precursor hazardous chemicals on the internet, and that no entity or individual may publish information about how to use such chemicals to produce explosives on the internet or smuggle or sell such chemicals using the internet.
Moreover, a fine up to ¥30,000 will be imposed on enterprises and individuals caught breaking the Measures. For circumstances which constitute a criminal act, criminal prosecution will be pursued in accordance with the law.
