基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中华人民共和国涉外海洋科学研究管理规定 PROVISIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRATION OF FOREIGN-RELATED MARITIME SCIENTIFIC RESEARCH

2006-05-15 23:13   我要纠错 | 打印 | 收藏 | | |

国务院令第199号
(Promulgated by Decree No. 199 of the State Council of the People's Republic of China on June 18, 1996)
颁布日期:19960618  实施日期:19961001  颁布单位:国务院

  Article 1 These 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 2 These 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 3 The 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 4 A 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 5 For 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 6 An 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 7 The 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 8 The 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 9 Where 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 10 Where 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 11 When 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 12 When 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 13 If 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 14 If 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 15 These Provisions come into force on October 1, 1996.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371