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中国气象局第13号令《涉外气象探测和资料管理办法》(英文)

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Measures

for Foreign-Related Meteorological Observation and

Data Management

Decree of

  China Meteorological Administration and

National Administration for Protection of State Secrets



No. 13

 

    The Measures for Foreign-Related Meteorological Observation and Data management, reviewed and adopted respectively at the Executive Meeting of the Administrators of China Meteorological Administration on 14 July 2006 and at the Executive Meeting of National Administration for Protection of State Secrets on 14 August 2006, are hereby promulgated and shall come into effect as of 1 January 2007.

 

Qin Dahe

 Administrator

ChinaMeteorological Administration

 

Xia Yong

 Administrator

National Administration for Protection of State Secrets

 



 

                                                                  7 November 2006

 

 

Chapter I

General Provisions

 

Article 1 In order to regulate foreign-related meteorological observation and data management and safeguard national security and state interests, these Measures are enacted in accordance with the State Security Law of the People’s Republic of China, the Law of the People's Republic of China on Guarding State Secrets and the Meteorology Law of the People’s Republic of China, as well as other laws and regulations.



Article 2 Overseas organizations, institutions and individuals that engage in meteorological observation and provide, use and submit meteorological data in the territory of the People’s Republic of China and the sea areas under the jurisdiction of the People's Republic of China shall abide by these Measures.

 

 When engaging in activities in the territory of the People’s Republic of China and the sea areas under the jurisdiction of the People's Republic of China as mentioned in the preceding paragraph, overseas organizations, institutions and individuals shall work in cooperation with the PRC organizations concerned.

 

Article 3 An organization that engages in foreign-related meteorological observation or provides, uses or submits meteorological data shall adhere to the principles of strict supervision and effective utilization, safeguard national security and promote international cooperation in meteorology.

 

Foreign-related meteorological observation and provision, use and submission of meteorological data that involve national security and state secrets shall be done in compliance with the provisions of laws, rules and regulations governing national security and the protection of state secrets.

 

Article 4 The competent meteorological department under the State Council is responsible for foreign-related meteorological observation and data management nationwide.

 

The competent local meteorological departments at different levels shall be responsible for foreign-related meteorological observation and data management within their respective administrative areas.



The departments of the State Council, including the ones in charge of national security and state secrets, and the other relevant departments of the local people's governments at different levels shall, in compliance with their respective duties, cooperate with the competent meteorological departments to make a success of foreign-related meteorological observation and data management.

 

Article 5 Without approval, no organization or individual shall provide overseas organizations, institutions or individuals with meteorological observation places or meteorological data, or provide by any means other organizations or individuals with meteorological data involving state secrets or publish the same.

 

No overseas organizations, institutions or individuals shall make use of meteorological observation to undermine national security and state interests of the People’s Republic of China.

Chapter II

Setting Up of A Foreign-Related Meteorological Observation Station (Site)

   Article 6 The administrative permission system shall be applied to the setting up of a foreign-related meteorological observation station (site). No foreign-related meteorological station (site) shall be set up without permission.

    The competent meteorological department under the State Council is in charge of examination and approval of the setting up of a foreign-related meteorological observation station (site). Where national security and state secrets are involved, the said department shall consult with the departments in charge of the national security and the protection of state secrets.

    Article 7 An applicant that intends to set up a foreign-related meteorological station (site) shall meet the following requirements:

(1) Having a scientific and rational plan or program carrying out an international cooperation project;

(2) Having a definite collaborator and a meteorological observation location that meets the relevant conditions;

(3) Having the necessary funds and equipment and a given number of professionals; and

(4) Other requirements specified by the state and relevant departments for foreign-related activities.

    Article 8 An applicant that intends to set up a foreign-related meteorological observation station (site) shall provide the following written materials:

(1) Basic information on each collaborator;

(2) The project cooperation agreement, implementation plan and program for carrying out the project;

(3) Basic information on the professionals;

(4) Certificate of the source of project fund;

(5) The models, manufacturers, licenses and specifications of  observation instruments and equipment;

(6) The basic parameters of the planned observation station or      site (including the longitude, latitude and altitude), the number of deployments and the observation environs;

(7) Observation items, time period, sampling time/frequency,  calculation method and its use; and

(8) Observation data processing and transmission modes, data  collection, transmission and archiving formats, domestic backup, data sharing method, etc.

    Where a foreign-related meteorological observation project involves another department, the applicant shall provide the appropriate approval document released by the said department.

    Article 9 An applicant that intends to set up a foreign-related meteorological observation station (site) shall go through the following procedures:

(1) The Chinese counterpart engaged in the foreign-related meteorological observation activities shall, three months prior to the launching of the project, submit a written application to the competent meteorological department of the province, autonomous region or municipality directly under the Central Government where it is located;

(2) The competent meteorological department of the province, autonomous region or municipality directly under the Central Government shall, within 20 working days from the date it accepts the application, form a preliminary opinion after examination, and, together with all the application materials of the applicant, submit its opinion to the competent meteorological department under the State Council for examination and approval; and

(3) The competent meteorological department under the State Council shall, within 20 working days from the date it receives the application materials, make a decision in conjunction with the relevant departments.

    Where national security and state secrets are involved, the competent meteorological department of a province, autonomous region or municipality directly under the Central Government shall, during the preliminary examination, consult with the local national security departments and those in charge of the protection of state secrets.

    Where a foreign-related meteorological observation station (site) is to be set up on the borders of different provinces, autonomous regions or municipalities directly under the Central Government, application shall be directly submitted to the competent meteorological department under the State Council.

    The Chinese counterpart shall present to the competent meteorological department truthful materials, and give factual information, and shall be accountable for the authenticity of the substance of the application.

    Article 10 An applicant that intends to set up a foreign-related meteorological observation station (site), for using an existing meteorological station (site) for observation projects, or for carrying out meteorological observation with his own instruments and equipment shall meet the following requirements:

(1) The distance between the meteorological observation stations set up within the territory of China is kept not less than 60 kilometers, and the time period of observation does not exceed  two years, with the exception of special needs for which approval by the competent meteorological department under the State Council is obtained; 

(2) The meteorological data acquired with the help of automatic      meteorological observation instruments or equipment or through human efforts are shared among all the collaborators; and unilateral transmission of such data by any overseas organization, institution or individual shall not be made without consent from a competent meteorological department;

(3) The meteorological observation instruments and equipment brought into and used in China shall undergo inspection to be arranged by the competent meteorological department under the State Council or by a competent meteorological department of a province, autonomous region or municipality directly under the Central Government and conform to the regulations governing national security;  

(4) For meteorological observation instruments and equipment brought into and used in China that are involved with radio transmitters, the necessary formalities shall be gone through in accordance with relevant state regulations governing radio frequency; and

(5) Foreign-related meteorological observation shall not interfere with any ongoing meteorological observation conducted by China.

    Article 11 No foreign-related meteorological observation stations (sites) shall be set up in areas of defense and military installations or in military sensitive areas, in areas not yet open to the outside, in areas of major construction projects or in other areas involving national security.

    Article 12 A foreign-related meteorological observation station (site) set up with the approval of the competent meteorological department under the State Council shall operate according to the approved location, items and time period of observation, and no change shall be made without approval.

    Where change in the location, items or time period of observation is necessary, an application therefore shall be submitted anew to the competent meteorological department under the State Council for approval.

    Article 13 The foreign-related meteorological observation station (site) which has obtained approval for its setting up shall, before construction begins, have itself put on file by the competent meteorological department of the city where it is located.

    Article 14 The competent meteorological departments of provinces, autonomous regions or municipalities directly under the Central Government shall be responsible for supervision and management of the foreign-related meteorological observation stations (sites) within their respective administrative areas and, in a timely manner, report the competent meteorological department under the State Council on their exercise of such supervision and management.

    Both Chinese and foreign collaborators shall readily subject themselves to supervision and inspection by the competent meteorological departments, and shall provide truthful relevant information and materials.

Chapter III

Management of Foreign-related Meteorological Data

    Article 15 The raw meteorological data obtained through foreign-related meteorological observation shall be regularly submitted to the local competent meteorological departments of provinces, autonomous regions or municipalities directly under the Central Government. The measures in this regard shall be formulated by the said departments.

    Article 16 The meteorological data obtained through foreign-related meteorological observation, together with the processed products, belong to the People's Republic of China, and all the collaborators may use the data in accordance with the agreements stipulated in contracts.

   Article 17 An overseas organization, institution or individual is entitled to use the meteorological observation data it has acquired through foreign-related meteorological observation and the processed products, but is not allowed to transfer or provide, in whatever form, such data or products to a third party. 

    Article 18  To provide an overseas organization, institution or individual with meteorological data which are collected from a station (site) not designated as part of the regional or global exchange program of the World Meteorological Organization, the Chinese counterpart shall submit a written application to the competent meteorological department of a province or autonomous region or municipality directly under the Central Government   for approval by the said department or the competent meteorological department under the State Council.

    Where state secrets are involved, the department for protecting state secrets shall be consulted with in accordance with relevant state regulations.

    Article 19 With regard to the meteorological data to be acquired through foreign-related meteorological observation that involve state secrets,  the competent meteorological department of a province, autonomous region or municipality directly under the Central Government or the unit authorized by them shall, in accordance with relevant state regulations, conclude a security agreement on meteorological data with both the Chinese and overseas collaborators, in which to define their obligations and liabilities in respect of the protection of state secrets.

Chapter IV

Legal Responsibility

    Article 20 Any organization or individual that, in violation of  provisions of these Measures, commits one of the following acts shall be ordered by the relevant competent meteorological department to discontinue the violation, its illegal observation facilities shall be dismantled, and its illegally-acquired meteorological data shall be confiscated, it shall be given a disciplinary warning, and may concurrently be fined not more than RMB 10,000 Yuan; if the violation constitutes a crime, criminal responsibility shall be investigated for in accordance with law:



(1) Setting up a foreign-related meteorological station (site) without approval;

(2) Exceeding the approved number of deployments for observation;

(3) Interfering with China’s ongoing meteorological observation;

(4) Altering the location, items and time period of observation without approval;

(5) Exceeding the specified time limit for observation; or

(6) Bringing along or using the meteorological observation instruments and equipment which are not inspected by the competent meteorological department of the State Council or the competent meteorological department of a province, autonomous region or municipality directly under the Central Government.



    Article 21 Any organization or individual that, in violation of the provisions of these Measures, commits one of the following acts shall be ordered by the competent meteorological department concerned to discontinue the violation, and  its illegally-acquired meteorological data shall be confiscated, it shall be given a disciplinary warning, and may concurrently be fined not more than 10,000 Yuan:

 

(1) Providing a meteorological observation place or data to an overseas organization, institution or individual that has not obtained approval;

(2) In the case of an overseas organization, institution or individual, illegally collecting or stealing meteorological data, or instigating or funding another person to do so;

(3) Failing to submit raw observation data to the relevant competent meteorological department, as is required by the provisions of these Measures; or

(4) Transferring or providing meteorological observation data or processed products to a third party.

 

    Article 22 Any violation of the provisions in the State Security Law of the People’s Republic of China or the Law of the People’s Republic of China on the Protection of State Secrets, committed in the course of foreign-related meteorological observation or data management shall be dealt with by the department of national security or the department for protection of state secrets in accordance with law; if the violation constitutes a crime, criminal responsibility shall be investigated for in accordance with law.



    Article 23 Where a staff member of a competent meteorological department neglects his/her duty or abuses his/her power in the work of foreign-related meteorological observation or data management, he/she shall be given an administrative sanction in accordance with law. If a crime is constituted, he/she shall be investigated for criminal responsibility in accordance with law.



    Any government employee who, in the work of foreign-related meteorological observation or data management, intentionally or through negligence, divulges meteorological data that involve state secrets, shall be dealt with in accordance with the provisions of relevant state laws and regulations; if a crime is constituted, he/she shall be investigated for criminal responsibility in accordance with law.



 Chapter V

Supplementary Provisions

 

    Article 24 For the purposes of these Measures, the meanings of the following terms are:  

(1) Meteorological observation means a systematic detection and measurement of atmospheric physical processes, phenomena and chemical properties in the atmosphere and surface layer by adopting a scientific and technological approach, including a long-term, continuous and interconnected detection and measurement of the physical, chemical and biological properties of climate system and various spheres of the earth, such as the atmosphere, the hydrosphere, the cryosphere, the biosphere and the lithosphere , and of their evolution and interaction.

(2) A meteorological observation station (site) comprises the temporarily or permanently installed equipment and facilities and the places for foreign-related meteorological activities, which are used for collecting and measuring meteorological elements.

 

    Article 25 The meteorological activities involved in the cooperative projects undertaken between the Chinese government and a foreign government or an international organization shall be governed by relevant state regulations.

 

    Article 26 These Measures shall come into effect as of 1 January 2007.

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