Laws of the People's Republic of China

    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.