Chapter 1 General Provisions
Article 1 In order to effectively promote the joint research and application of lunar samples and promote the international sharing of scientific achievements, these Rules are established in accordance with the Procedures for Requesting Lunar Samples and Procedures for Requesting Scientific Data of Lunar and Deep Space Exploration Programs of China National Space Administration.
Article 2 The lunar samples refer to lunar samples retrieved through the sample return mission of China's lunar exploration program; and the scientific data refers to scientific and applied information obtained by China during its lunar exploration activities.
Article 3 The handling, transportation, storage and use environment of lunar samples involved in international cooperation shall meet the relevant provisions of the Procedures for Requesting Lunar Samples.
Article 4 The present Rules shall be applicable to the application, distribution, transportation, use and return of lunar samples during the requesting process, application and transmission of scientific data, management of information, and documentation of results.
Chapter 2 Responsibilities
Article 5 China National Space Administration (CNSA) is the management authority of international cooperation in lunar samples and scientific data, with main responsibilities that include:
(1) Formulating policies and regulations for international cooperation in lunar samples and scientific data;
(2) Signing the cooperative agreements in respect to lunar samples and scientific data;and
(3) Approving applications from international organizations for lunar samples and scientific data.
Article 6 CNSA's Lunar Exploration and Space Engineering Center (hereinafter referred to as LESEC) is entrusted to carry out joint research, information exchange and exhibition of lunar samples, distribution of scientific data, and other work.
Article 7 The National Astronomical Observatories of the Chinese Academy of Sciences, as the main curatorial agency of lunar samples, is entrusted by CNSA to carry out distribution and return of lunar samples.
Article 8 The lunar sample requesting subject (hereinafter referred to as the requesting subject) shall be a foreign legal entity, and shall designate specific personnel to be responsible for application, use, safety guarantee, return and other work of lunar samples.
Chapter 3 Classification, Information Release and Process
Article 9 According to requesting purposes, lunar samples for international cooperation are divided into two types in principle: research samples and samples for public welfare, of which the research samples are used for scientific investigation and analysis, and the samples for public beneficial activities are used for activities such as exhibition, public outreach, and education.
Article 10 Scientific data for international cooperation is divided into raw data and processed data.
Article 11 In order to promote the use of lunar samples and scientific data, CNSA entrusts LESEC to maintain contact with the sample requesting subject.
Article 12 CNSA entrusts LESEC to release information on lunar samples and scientific achievements to the scientific community and the public through the lunar scientific data and sample release platform of the Lunar Exploration and Deep Space Exploration Network.
Chapter 4 Request and Distribution of Lunar Samples
Article 13 The requesting subject shall submit a request application form for lunar samples to CNSA (see Annexes 1 and 2). CNSA has the right to interpret whether the application for requesting lunar samples submitted by the requesting subject needs to be supplemented with further materials or whether it needs to be reviewed by a third party.
Article 14 CNSA will conduct a centralized review of request applications every six months and provide timely feedback on the results of the review to the requesting subjects. The application for requesting research samples shall be reviewed and approved by a committee of experts on lunar samples in principle.
Article 15 For the application for requesting research samples, the application submitted by the requesting subject shall include the type, mass and the planned use of lunar samples.
Article 16 For the application for requesting research samples, the requesting subject shall also provide relevant materials that are conducive to sample application, which prove its ability to carry out research and safe use of lunar samples and the feasibility of research methods, including but not limited to:
(1) Research proposals recommended and funded by Chinese government departments;
(2) Research proposals recommended and funded by foreign government departments or space agencies;
(3) Research proposals recommended and funded by important international organizations;
(4) Reprints of papers published in professional journals and directly related to research methods applied to lunar samples;
(5) Test data obtained from simulated lunar materials according to the research method to be applied to lunar samples; and
(6) Proof of meeting the relevant safety and security regulations for storage, transfer and use of lunar samples.
Article 17 The loan term of a research sample shall, in principle, not exceed one year. If it is absolutely necessary, the request can be renewed once for a period not exceeding six months. The requesting subject shall submit an application for renewal to CNSA at least thirty days before the expiration of the loan term.
Article 18 For the sample request for public welfare exhibition, the application submitted by the requesting subject shall include time, place and form of exhibition.
Article 19 The loan term for request of a sample for public beneficial activities shall, in principle, not exceed two months. If it is really necessary, the request can be renewed once for a period not exceeding one month. The requesting subject shall submit an application for renewal to CNSA at least fifteen days before the expiration of the loan term.
Article 20 After the application for requesting lunar samples submitted by the requesting subject is approved by CNSA, CNSA or its associated agency shall sign the Lunar Sample Loan Agreement with the requesting subject (see Annex 3).
Article 21 After the application for requesting lunar samples is approved, the requesting subject shall provide the identity information of the person responsible for receiving the lunar sample to the main curatorial agency of lunar samples, and the main curatorial agency shall verify the identity, the power of attorney and other relevant supporting documents on the spot, and allocate the lunar sample to the requesting subject according to the procedures after confirmation.
Chapter 5 Use and Return of Lunar Samples
Article 22 The requesting subject shall carry out research and analysis of the lunar sample according to the approved processing method.
Article 23 The requesting subject shall make a written record of the whole process of the use of lunar sample, and the destructive experiments must be recorded in video, so as to ensure the traceability of the use of sample and facilitate the supervision and return of the lunar sample.
Article 24 The requesting subject shall not provide the lunar sample to a third party without the consent of CNSA. Experiments, tests and other related work to be conducted by a third party shall be specified in the original request application form by the requesting subject, and must be approved before implementation.
Article 25 The requesting subject shall maintain a complete use record of the requested lunar sample, and the use record shall be checked by LESEC entrusted by CNSA.
Article 26 If the requesting subject violates the provisions of the request agreement during the use of lunar sample, CNSA shall have the right to terminate the agreement in advance and request the requesting subject to return the sample immediately.
Article 27 Within five working days after the expiration of the loan term, the requesting subject shall submit a return application form (see Annex 4) to CNSA in a timely manner, with all of the lunar sample (including solid residues and powdery sample attachments in case of loss caused by research), loan agreement, complete use record and necessary explanatory documents attached.
Article 28 CNSA entrusts LESEC and the main curatorial agency to inspect the items returned by the requesting subject. If the returned sample meets the requirements, CNSA will issue a receipt for the return of lunar samples to the requesting subject. If the returned sample does not meet the requirements, CNSA shall investigate responsibilities in accordance with the relevant provisions of the Lunar Sample Loan Agreement.
Chapter 6 Application and Transmission of Scientific Data
Article 29 The scientific data requesting subject (hereinafter referred to as the requesting subject) shall submit an application form for the use of scientific data (see Annex 5) to CNSA.
Article 30 The application submitted by the requesting subject shall include data purpose data category (raw data/processed data) and use plan, etc.
Article 31 After the application for the use of scientific data passes the technical evaluation, CNSA shall notify LESEC to transmit relevant data to the requesting subject.
Article 32 Upon receipt of the data transmission notification, LESEC shall generate a download link and notify the requesting subject by email.
Article 33 The requesting subject shall not provide the requested scientific data to a third party without the permission of CNSA.
Chapter 7 Management and Promotion of Achievements
Article 34 CNSA encourages the international community to participate in the scientific research, achievements transformation, promotion and application of lunar samples and scientific data.
Article 35 Publication of papers that use the research achievements of the lunar sample or scientific data shall indicate that "Lunar Sample (or Scientific Data) Provided by CNSA". Publications that use the research achievements of the lunar sample shall also clearly identify the serial number of the lunar sample.
Article 36 Research achievements and products generated in Chinese-foreign cooperation, involving intellectual property rights such as technology and product patents, shall be managed in accordance with the relevant provisions in the joint research cooperation documents signed by the parties.
Article 37 CNSA respects the research achievements independently generated by the requesting subject based on lunar samples, and as the provider of lunar samples and scientific data, enjoys the right to use the above-mentioned achievements. CNSA encourages Chinese and foreign scientists to share or exchange research achievements.
Chapter 8 Safety and Security Management
Article 38 The requesting subject shall possess the corresponding safety management and security assurance conditions, to ensure that the lunar sample is secure and free from contamination.
Article 39 If case of loss of lunar samples, the requesting subject shall notify the local police immediately and report to CNSA. In case of contamination, damage, etc., the requesting subject shall submit a written explanation within 24 hours.
Chapter 9 Supplementary Articles
Article 40 Whoever violates the provisions of the present Rules shall be subject to investigation by CNSA and other authorities for legal responsibility.
Article 41 The present Rules shall come into force as of the date of publication, and CNSA shall be responsible for the interpretation.
Annex 1:Request Application Form of Research Samples.docx
Annex 2:Request Application Form of Samples for Public Beneficial Activities.docx
Annex 3:Lunar Sample Loan Agreement.docx
Annex 4:Sample Return Form.docx
Annex 5:Request Application Form of Data.docx