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Decree No. 13 of China Meteorological Administration
The Measures for the Administration of Foreign-related Meteorological Sounding and Information have been deliberated and adopted at the director general's working session of China Meteorological Administration on July 14, 2006 and the executive session of the State Secrecy Bureau on August 14, 2006. They are hereby promulgated, and shall take effect as of January 1, 2007.
Director General of China Meteorological Administration Qin Dahe
Director General of State Secrecy Bureau Xia Yong
November 7, 2006
Measures for the Administration of Foreign-related Meteorological Sounding and Information
Chapter I General Rules
Article 1
Under the National Security Law of the People's Republic of China, the Law of the People's Republic of China on Maintaining State Secrets, the Meteorology Law of the People's Republic of China as well as other related laws and regulations, these Measures are formulated in order to regulate the administration of foreign-related meteorological sounding and information, as well as safeguard national security and the state interests.
Article 2
These Measure shall be applicable to overseas organizations, institutions and individuals who engage in providing, using or collecting meteorological sounding or meteorological information within the territory of the People's Republic of China or within other sea areas under jurisdiction of the People's Republic of China.
Overseas organizations, institutions and individuals engaging in the activities as mentioned in the preceding paragraph within the territory of the People's Republic of China or within other sea areas under jurisdiction of the People's Republic of China shall show cooperation with the related organizations of the People's Republic of China.
Article 3
Anyone who engages in the activities of provision, use or concentrative submission, etc. of foreign-related meteorological sounding or meteorological information shall adhere to the principles of strict supervision and efficient utilization, safeguard national security, and promote international meteorological cooperation.
The activities of providing, using, and collecting foreign-related meteorological sounding and meteorological information concerning national security or state secrets must comply with the related laws, regulations and rules on national security and on maintenance of state secrets.
Article 4
The Meteorological Authority under the State Council shall be responsible for the administration of the nationwide foreign-related meteorological sounding and information.
The local meteorological authorities at each level shall be responsible for the administration of the foreign-related meteorological sounding and information within its own jurisdiction.
Other related departments of national security and secrecy, etc. of the State Council and other related departments of the local people's governments at each level shall show cooperation with the meteorological authorities in jointly doing a good job in the administration of foreign-related meteorological sounding and information upon their duties.
Article 5
Any organization or individual may not provide any unapproved overseas organization, institution or individual with meteorological sounding place or meteorological information, or provide any meteorological information concerning state secret by any means to other organization or individual or publish such information.
Any overseas organization, institution or individual may not take advantage of meteorological sounding activities to do harm to the People's Republic of China's national security or interests.
Chapter II Establishment of Foreign-related Meteorological Sounding Stations (Sites)
Article 6
The establishment of foreign-related meteorological sounding stations (sites) shall be subject to an administrative license system. Any foreign-related meteorological sounding station (site) may not be set up without permission.
The Meteorological Authority under the State Council shall be responsible for the examination and approval of the establishment of foreign-related meteorological sounding stations (sites), and shall solicit opinions from the department of national security and that of secrecy separately if national security or any state secret is involved.
Article 7
When applying for the establishment of a foreign-related meteorological sounding station (site), the applicant shall satisfy the following conditions:
(1)
having a scientific and rational plan and scheme for international cooperation project;
(2)
having a clear cooperator and a qualified location for meteorological sounding;
(3)
having necessary funds, equipment and a certain number of professional technicians; and
(4)
other conditions on engaging in foreign-related activities as required by the state and the related departments.
Article 8
When applying for the establishment of a foreign-related meteorological sounding station (site), the applicant shall submit the following written materials:
(1)
basic information of all the cooperators;
(2)
the cooperation project agreement, the plan and scheme of the project;
(3)
professional technicians' basic information;
(4)
proof on the project funds' sources;
(5)
model, equipment, manufacturer, equipment permit and technical indices, etc. of the sounding apparatus;
(6)
basic parameters (including longitude, latitude, altitude, etc.), the spot number, and the sounding environment of the sounding station or site under planned construction;
(7)
the sounding project, time period, sampling time, frequency, calculation means, and the purpose;
(8)
the method of treatment and transmission of the sounding information, the method of collecting, transmitting, and archiving data, domestic backup, method of the data sharing, and so on.
As for a foreign-related meteorological sounding project involving any other related department, the corresponding approval document of the related department shall be additionally submitted by the applicant.
Article 9
When applying for establishment of a foreign-related meteorological sounding station (site), the applicant shall follow the following procedures:
(1)
The Chinese cooperation organization conducting foreign-related meteorological sounding activities shall, three months before the implementation of the project, apply in a written manner to the meteorological authority of the province, autonomous region, or municipality directly under the Central Government where it is located;
(2)
The meteorological authority of the province, autonomous region, or municipality directly under the Central Government shall form and submit opinions of preliminary check to the Meteorological Authority under the State Council along with all application materials for examination within 20 work days as of acceptance of the application;
(3)
The Meteorological Authority under the State Council shall, in collaboration with the related departments, make a decision on approval or disapproval within 20 work days as of receipt of the application materials.
Where national security or any state secret is concerned, the meteorological authority of the province, autonomous region, or municipality directly under the Central Government shall solicit opinions from the local department of national security and that of secrecy when making the preliminary check.
The applicant shall directly file the application to the Meteorological Authority under the State Council to apply for establishment of a foreign-related meteorological sounding station (site) covering more than one province, autonomous region, or municipality directly under the Central Government.
A Chinese cooperation organization must submit related materials truthfully and report true information to the meteorological authority, and be responsible for the authenticity of its application materials' substantive contents.
Article 10
As for an applicant applying for establishing a foreign-related meteorological sounding station (site) or for making use of the existing meteorological station (site) to carry out a sounding project, or for bringing its own apparatus and equipment to make meteorological sounding, it must meet the following requirements:
(1)
The space between any two meteorological sounding stations or sites set up within the territory of China shall, unless approval is obtained from the Meteorological Authority under the State Council when particularly required, be no less than 60 kilometers, and the sounding period shall not be more than two years;
(2)
With respect to the sounding or manual observation made with automatic meteorological sounding apparatus and equipment, the obtained meteorological information shall be shared by all cooperation parties, and no overseas organization, institution or individual shall, without consent of the meteorological authority, transmit such information unilaterally ;
(3)
The meteorological sounding apparatus and equipment brought by the applicant itself or used thereby shall be checked in an organized manner by the Meteorological Authority under the State Council or the meteorological authority of the province, autonomous region, or municipality directly under the Central Government, and shall be in compliance with the provisions on national security;
(4)
If the meteorological sounding apparatus and equipment brought by the applicant itself or used thereby belong to radio transmission equipment, the applicant shall, , in accordance with the related provisions of the state on radio frequency administration, go through procedures; and
(5)
The foreign-related meteorological sounding shall not influence the ongoing meteorological sounding work of China.
Article 11
Any foreign-related meteorological sounding station (site) may not be set up in the national defense areas, military facility areas, military sensitive areas, unopened areas, areas where major projects are under construction, and other areas concerning national security.
Article 12
A foreign-related meteorological sounding station (site) built up upon approval of the Meteorological Authority under the State Council shall make sounding according to the approved sounding location, project and time period, and shall not modify anything without permission.
A new application shall be filed, and approval shall be obtained from the Meteorological Authority under the State Council before a modification of the sounding location, project or time period.
Article 13
A foreign-related meteorological sounding station (site) set up upon approval shall submit an application to the local meteorological authority of the districted municipality for archival filing before the meteorological sounding station (site) is built.
Article 14
The meteorological authority of each province, autonomous region, or municipality directly under the Central Government shall be responsible for the supervision and administration of the foreign-related meteorological sounding stations (sites) within its own jurisdiction, and submit a report on the information on supervision and administration to the Meteorological Authority under the State Council in a timely manner.
The Chinese and foreign cooperation parties shall accept the supervision and inspections of the meteorological authority on their initiative and provide the related information and materials truthfully.
Chapter III Administration of Foreign-related Meteorological Information
Article 15
The original information of meteorological sounding obtained in the activities of foreign-related meteorological sounding shall be centralized and submitted to the local meteorological authority of the province, autonomous region, or municipality directly under the Central Government regularly. The meteorological authority of the province, autonomous region, or municipality directly under the Central Government shall be responsible for formulating specific measures for submission.
Article 16
The meteorological sounding information obtained in the activities of foreign-related meteorological sounding and the processed products of such information shall be owned by the People's Republic of China, and each cooperator may use them in accordance with the contract.
Article 17
Overseas organizations, institutions and individuals may have right to use the meteorological sounding information they obtain in the activities of foreign-related meteorological sounding and the processed products of such information, but they shall not assign or provide such information and products to a third party in any form.
Article 18
To provide meteorological information other than that of the global or regional exchange stations or sites that have joined World Meteorological Organization to overseas organizations, institutions and individuals, the Chinese cooperation organization shall apply to the meteorological authority of the province, autonomous region, or municipality directly under the Central Government in a written manner, and submit a report to the meteorological authority of the province, autonomous region, or municipality directly under the Central Government or the Meteorological Authority under the State Council for approval.
If any state secret is concerned, opinions of the secrecy department shall be solicited in light of the related provisions of the state.
Article 19
In respect of the meteorological information concerning any state secret which is obtained in the activities of foreign-related meteorological sounding, the meteorological authority of the province, autonomous region, or municipality directly under the Central Government or its authorizing entity shall conclude agreements on maintaining secrecy of the meteorological information with Chinese and foreign cooperators according to the state provisions, clarifying the secrecy obligations and duties.
Chapter IV Legal Liabilities
Article 20
Anyone who commits any of the following acts that violate these Measures shall be ordered to stop the illegal acts by the related meteorological authority and to dismantle the illegal sounding facilities, his illegally obtained meteorological information shall be confiscated, he shall be admonished, and may be fined up to 10,000 Yuan, in addition; he shall be subject to criminal liabilities in accordance with law if any crime is constituted:
(1)
setting up a foreign-related meteorological sounding station (site) without approval;
(2)
making extra sounding beyond the approved number of spots;
(3)
having an effect on the ongoing meteorological sounding work of China;
(4)
modifying the sounding location, the project, or the time period without approval;
(5)
conducting a sounding activity after expiry of the sounding period; or
(6)
the meteorological sounding apparatus and equipment brought by itself or used thereby do not go through an organized check by the Meteorological Authority under the State Council or the meteorological authority of the province, autonomous region, or municipality directly under the Central Government.
Article 21
Where anyone commits any of the following acts in violation of these Measures shall be ordered to stop the illegal act by the related meteorological authority, his illegally obtained meteorological information shall be confiscated, he shall be admonished, and may be fined up to 10,000 Yuan, in addition:
(1)
Providing meteorological sounding place or meteorological information to any unapproved overseas organization, institution or individual;
(2)
An overseas organization, institution or individual collects or steals, or instigates or funds others to collect or steal meteorological information by illegal methods;
(3)
Failing to centralize and submit original meteorological sounding information to the related meteorological authority according to the provisions; or
(4)
Assigning or providing a third party with meteorological sounding information and the products processed from such information .
Article 22
Where anyone violates the "National Security Law of the People's Republic of China" or the "Law of the People's Republic of China on Maintaining State Secrets" in the administration of foreign-related meteorological sounding and information, he shall, according to law, be punished by the department of national security or the secrecy department and be subject to criminal liabilities if any crime is constituted.
Article 23
Any staff member of a meteorological authority neglects his duties or abuses his powers in the activities of administering foreign-related meteorological sounding and information shall be given disciplinary sanctions, and shall be subject to criminal liabilities in light with law if any crime is constituted.
Where a state functionary intentionally or negligently divulges meteorological information involving any state secret in the administration of foreign-related meteorological sounding and information, he shall be punished in accordance with the related laws and regulations of the state; and shall be subject to criminal liabilities in light of law if any crime is constituted.
Chapter V Supplementary Rules
Article 24
For the purposes of these Measures,
(1)
The term meteorological sounding shall refer to activities of observing and measuring the atmospheric physical processes, phenomena and chemical natures in the atmosphere and surface layer by scientific and technological methods systematically, including the observation and measurement of the physical, chemical, biological features, the change process and interactions of multi spheres such as the earth's climate system, atmosphere, hydrosphere, cryosphere, biosphere, geosphere in a long-term, continuing and systematic manner;
(2)
The term meteorological sounding station (site) shall refer to the temporary or fixed equipment and the place for collecting or measuring meteorological elements in foreign-related meteorological activities.
Article 25
The meteorological activities involved in cooperation projects between the Chinese government and a foreign government or an international organization shall be conducted according to the related state provisions.
Article 26
These Measures shall take effect on January 1, 2007.
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Promulgated by China Meteorological Administration on 2006-11-07
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