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Article 1 These Regulations are formulated for the purpose of improving the management of foreign-related marine scientific research activities in the sea areas under the jurisdiction of the People's Republic of China,promoting international exchange and cooperation in marine scientific research,and safeguarding the State's security and its maritime rights and interests. Article 2 These Regulations shall apply to the conduct by international organizations,organizations and individuals of any foreign country(hereinafter referred to as the foreign side)of survey activities and research on marine environment and marine resources in the internal sea,territorial sea and other sea areas under the jurisdiction of the People's Republic of China solely for peaceful purposes by themselves or in cooperation with Chinese organizations (hereinafter referred to as the Chinese side)by the use of ships,other vehicles or facilities.However,the exploration of marine mineral resources (including marine petroleum resource), survey of marine fishery resources , and investigation of the marine wildlife under priority protection of the state shall be subject to the relevant provisions of other laws and administrative statutes of the People's Republic of China. Article 3 The competent state administrative authority of the People's Republic of China for marine affairs (hereinafter referred to as the competent authority for marine affairs) and its agencies or the associated agencies with its mandate shall be responsible for the management of foreignrelated marine scientific research activities in the sea areas under the jurisdiction of the People's Republic of China in accordance with the present Regulations. Other departments concerned under the State Council shall,as required by their responsibilities defined by the State Council, participate in the management of foreign-related marine scientific research activities in the sea areas under the jurisdiction of the People's Republic of China in cooperation with the competent authority for marine affairs. Article 4 The marine scientific research activities by the foreign side in the internal sea and territorial sea of the People's Republic of China shall be carried out in cooperation with the Chinese side.In other sea areas under the jurisdiction of the People's Republic of China,the foreign side may conduct such activities by itself or in cooperation with the Chinese side. Any marine scientific research activities conducted by the foreign side alone or in cooperation with the Chinese side shall be subject to approval from the competent authority for marine affairs or from the State Council through the competent authority for marine affairs and shall comply with the relevant laws and statutes of the People's Republic of China. Article 5 For marine scientific research activities to be conducted jointly by the foreign and the Chinese sides,the Chinese side shall,according to the relevant regulations,be responsible for applying to the competent authority for marine affairs in writing for approval six months prior to the scheduled commencement of such activities and shall attach to their application a research plan and other relevant illustrative materials. For marine scientific research activities to be conducted by the foreign side alone,the foreign side shall,through diplomatic channels,apply to the competent authority for marine affairs in writing for approval and shall attach therewith a research plan and other relevant illustrative materials according to the regulations,six months prior to the scheduled commencement of its research activities. On receiving an application for marine scientific research activities,the competent state authority for marine affairs shall examine the application together with the Ministry of Foreign Affairs,the competent military authorities and other relevant departments under the State Council and shall,within four months after the date of receiving the application,decide whether to approve or disapprove,or to submit the case with its comments to the State Council for a final decision. Article 6 Once the plan for marine scientific research activities is approved,the applicant shall submit for approval to the competent authority for marine affairs his detailed ship operational plan at sea two months prior to the commencement of each cruise.The competent authority for marine affairs shall decide whether to approve or disapprove within one month from the date of receiving the plan and notify the applicant of its decision in writing and inform the relevant departments under the State Council of the matter. Article 7 Both the foreign and Chinese sides or otherwise the foreign side shall conduct their research activities according to the approved marine scientific research plan and the ship operational plan at sea.Prior authorization from the competent authority for marine affairs is required for any major change to the approved marine scientific research plan and the ship operational plan at sea. Prior authorization from the competent authority for marine affairs is required for any major change to approved marine scientific research plan and the ship operational plan at sea in case there is such a need. In case the approved marine scientific research plan or the ship operational plan at sea cannot be carried out due to force majeure, both the Chinese and foreign sides or the foreign side shall report to the competent authority for marine affairs;and may resume its implementation,change or suspend the plan when the force majeure disappears. Article 8 During the marine scientific research activities,no harmful substances shall be introduced into the marine environment, and without authorization,no drilling operations or operations with explosives shall be conducted. Article 9 In jointly conducting marine scientific research activities in the internal sea or territorial sea of the People's Republic of China by using a foreign research vessel, the positions and activities of the ship shall be reported to the competent authority for marine affairs at 00:00 and 08:00GMT every day.If marine scientific research activities are conducted by the foreign side alone or in cooperation with the Chinese side in other sea areas under the jurisdiction of the People's Republic of China by using a foreign research vessel,the position and activities of the vessel involved shall be reported to the competent authority for marine affairs at 02:00 GMT every day. The competent authority for marine affairs,its agencies or the associated agencies with its mandate may monitor or board the said research vessel at sea for inspection. Article 10 The raw data and original samples obtained from the marine scientific research activities jointly conducted by the Chinese side and foreign side in the internal sea and territorial sea of the People's Republic of China belong to the People's Republic of China.The foreign side may use them free of charge according to the agreement reached in the contract. The raw data and original samples obtained from the marine scientific research activities conducted jointly by the Chinese and foreign sides in other sea areas under the jurisdiction of the People's Republic of China shall be shared and used free of charge by both sides according to the agreement provided that the relevant laws,statutes and regulations of the People's Republic of China are not violated. The raw data and original samples obtained in the marine scientific research activies conducted by the foreign side alone may be used free of charge by the relevant organizations of the People's Republic of China.And their duplicates and separable samples shall be supplied to the competent authority for marine affairs free of charge. No raw data and original samples obtained from the marine scientific research activities conducted in the sea areas under the jurisdiction of the People's Republic of China shall be published or transferred by the two sides involved or by the foreign side alone without the consent of the competent authority for marine affairs and other relevant departments under the State Council. Article 11 After the completion of the marine scientific research activities conducted jointly by the Chinese side and foreign side or by the foreign side alone,the foreign research vessel used shall be subject to inspection by the competent authority for marine affairs or its agencies or the associated agencies with its mandate. Article 12 After the completion of the marine scientific research activities conducted jointly by the Chinese side and the foreign side,the Chinese side shall send a copy of the research results and a list of data to the competent authority for marine affairs and the relevant departments under the State Council. The foreign side,after its completion of the marine scientific research activities alone,shall provide the competent authority for marine affairs with data or duplicate of data and samples or separable samples obtained from these activities,and it shall also provide,in a timely fashion,the phased research results and the final results and conclusion of the research. Article 13 In case of any violation of the present Regulations in conducting foreign-related marine scientific rcsearch activities,the competent authority for marine affairs or its agencies or the associated agencies with its mandate shall order an end to these activities,and may confiscate all the research instruments and equipment involved,the data and samples obtained or impose a fine up to RMB 50,000,or both. Those who have constituted a crime as a result of violating the present Regulations and consequently caused significant losses and serious consequences shall be investigated for criminal liabilities according to relevant laws. Article 14 In case of any discrepancy between the present Regulations and the provisions of the international treaties signed or accepted by the People's Republic of China,the provisions of the international treaties shall prevail,with the exception of those provisions about which the People's Republic of China has declared reservations. Article 15 The present regulations shall come into force as of October 1, 1996.
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