Law

National Narcotics Control Commission Office issues notice

2025-11-11   

The Office of the National Narcotics Control Commission has issued a notice reminding relevant enterprises and individuals to prevent the loss of drug manufacturing materials, non controlled chemicals and equipment. In order to strengthen the control of drug manufacturing materials in accordance with the law, the Office of the National Narcotics Control Commission issued a notice to the whole society on November 10th on preventing the loss of drug manufacturing materials, non controlled chemicals and equipment. The "Notice" consists of thirteen articles, involving laws and regulations such as the Criminal Law of the People's Republic of China, the Drug Control Law of the People's Republic of China, the Customs Law of the People's Republic of China, and the Regulations on the Management of Precursor Chemicals for Drug Production, which provide relevant provisions on crimes related to drug production, drug accomplices, tax evasion, smuggling, network information dissemination, anti money laundering, and foreign exchange management. It also includes requirements for postal enterprises, express delivery enterprises, logistics enterprises, international freight forwarding enterprises, and other units and individuals to prevent illegal crimes related to drug production, in order to remind relevant enterprises and individuals to comply with national laws and regulations when engaging in business activities, prevent overseas legal risks, and safeguard the legitimate rights and interests of Chinese enterprises and citizens. The full text is as follows: Notice from the Office of the National Narcotics Control Commission In order to further regulate the production, operation, transportation, and import/export activities of drugs and non controlled chemicals and equipment, prevent them from flowing into illegal channels and being used by criminals for illegal activities, protect the legitimate rights and interests of Chinese enterprises and citizens, maintain national economic security and social stability, in accordance with the Criminal Law of the People's Republic of China, the Drug Control Law of the People's Republic of China, the Customs Law of the People's Republic of China, the Postal Law of the People's Republic of China, the Cybersecurity Law of the People's Republic of China, the Advertising Law of the People's Republic of China, the Export Control Law of the People's Republic of China, the Tax Collection and Administration Law of the People's Republic of China, the Anti Money Laundering Law of the People's Republic of China, the Regulations on the Management of Precursor Chemicals, and the Safety of Dangerous Chemicals, Management Regulations The relevant matters regarding the "Regulations on Foreign Exchange Management of the People's Republic of China" and other laws and regulations are hereby notified as follows: 1. According to the provisions of the "Criminal Law of the People's Republic of China", it is strictly prohibited for any organization or individual to illegally produce, buy, sell, transport acetic anhydride, ether, trichloromethane or other raw materials or preparations used in the manufacture of drugs, or to carry the above-mentioned items into and out of the country. It is strictly prohibited for any organization or individual to knowingly produce, trade, or transport the items specified in the preceding paragraph for others who manufacture drugs. 2、 According to the Criminal Law of the People's Republic of China, those who knowingly produce, sell, transport, or import/export non controlled drug manufacturing chemicals and equipment for others who will use them to illegally manufacture drugs shall be punished as accomplices in the crime of drug manufacturing. 3、 According to the relevant provisions of the Criminal Law of the People's Republic of China and the Tax Collection and Administration Law of the People's Republic of China, enterprises that produce and sell non controlled chemicals and equipment for drug production shall fulfill their tax obligations in accordance with the law. If they evade taxes through deception, concealment, or other means, the tax authorities will pursue them. If a crime is committed, criminal responsibility will be pursued in accordance with the law. 4、 Violating the Customs Law of the People's Republic of China and relevant laws and administrative regulations, evading customs supervision, evading tax payments, evading national prohibitions or restrictive management on entry and exit, transporting, carrying, or mailing goods or items prohibited or restricted by the state from entering or leaving the country, or goods or items that should be taxed according to law, is considered smuggling behavior. Customs shall confiscate smuggled goods and items and their illegal gains, and may impose fines. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law; If the import and export goods, items, or transit or transshipment goods are declared falsely to the customs, a fine may be imposed, and any illegal gains shall be confiscated. 5、 According to the Cybersecurity Law of the People's Republic of China, network operators should strengthen the management of information posted by their users. If they discover information that is prohibited from being published or transmitted by laws and administrative regulations, they should immediately stop transmitting the information, take measures such as elimination, prevent the spread of information, keep relevant records, and report to the relevant competent authorities. 6、 According to relevant regulations such as the Criminal Law of the People's Republic of China, the Anti Money Laundering Law of the People's Republic of China, and the Regulations on Foreign Exchange Management of the People's Republic of China, enterprises or individuals producing and selling non controlled chemicals and equipment for drug production shall comply with relevant regulations on anti money laundering and foreign exchange management. Those engaged in illegal cross-border fund transfer activities shall be subject to administrative penalties by the relevant competent authorities in accordance with the law. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law. 7、 Encourage units that produce, sell, transport, or import/export non controlled chemicals and equipment for drug production to establish and improve internal management systems, keep relevant records and copies of relevant licenses or proof documents, especially strictly review the qualifications of overseas buyers, and be wary of inducing illegal transactions under the pretext of "high orders" or "sample testing". If downstream buyers are found to request changes in the name, packaging, transportation methods, etc. of chemicals that can be used for illegal purposes, or if there are suspicions of illegal activities such as issuing false invoices or reporting false information, please immediately stop trading, report to the local public security organs or relevant competent departments in accordance with the law, and cooperate to investigate the facts to avoid being involved in illegal activities. 8、 Any unit that publishes the sales information of non pharmaceutical precursor chemicals on the Internet shall have qualification materials such as industrial and commercial business license, production and business license or filing certificate of non pharmaceutical precursor chemicals; Individuals are prohibited from publishing sales information of non pharmaceutical precursor chemicals on the Internet. No unit or individual is allowed to publish advertising information of pharmaceutical precursor chemicals on the Internet. When any unit or individual publishes the sales information of non regulated precursor chemicals and equipment on the Internet, social media, e-commerce platform and other channels, it shall register in real name, comply with relevant laws and regulations, and prohibit the release of illegal information. When publishing such information through overseas platforms, relevant national laws and regulations should also be followed. 9、 Please enhance legal awareness among relevant units and individuals, and closely monitor international conventions, laws and regulations of relevant importing countries, especially high-risk countries such as the United States, Canada, and Mexico, when exporting non controlled drug chemicals and equipment that have both legal purposes and can be used for drug production. Foreign customers are required to follow import legal procedures in accordance with their own laws and regulations to prevent legal risks. 10、 Relevant units and individuals are requested to enhance their risk awareness. Those who knowingly sell, transport, or export certain non controlled chemicals and equipment that can be used for drug production to the importing country without complying with the relevant laws and regulations of the importing country may face criminal charges or sanctions from the law enforcement department of that country. 11、 Postal enterprises, express delivery enterprises, and logistics enterprises that discover illegal delivery or transportation of precursor chemicals and other drug making materials or preparations to domestic and foreign countries in the form of concealed or falsely declared product names shall immediately report to the public security organs or customs in accordance with the law, and cooperate with the public security organs or customs to investigate. Postal enterprises, express delivery enterprises, and logistics enterprises shall truthfully record or preserve the above information. 12、 International freight forwarding companies should truthfully declare the name and purpose of the goods, and those who collude with smugglers to provide transportation, storage, mailing, or other convenience for the smuggling of non controlled precursor chemicals or equipment will be held legally responsible in accordance with the law. 13、 If relevant units and individuals encounter foreign law enforcement agencies illegally exercising their powers, they may fully utilize legal means to safeguard their own security and legitimate rights and interests, and seek assistance from Chinese embassies and consulates abroad. This is to inform you. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Xinhuanet

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