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THE LAW OF MONGOLIA

31st January, 2013 Ulaanbaatar city

 

ON THE CONTROL OVER CIRCULATION OF EXPLOSIVES AND BLASTING DEVICES

/Revised Version/

 

CHAPTER ONE

General provisions

Article 1.Purpose of the law

1.1.The purpose of this law is to regulate relations connected to controlling the circulation of explosives and blasting devices used for commercial purposes, preventing from their harm, ensuring safety and prohibiting illegal uses.

Article 2.Legislations on the Control over Circulation of Explosives and Blasting Devices

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2.1.The legislations on the control over circulation of explosives and blasting devices consist of the Constitution of Mongolia, Law on National Security, Minerals Law, Law on Licensing, this law and other legal acts enacted in compliance with them.

Article 3.Scope of the Law

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3.1.This law applies to control over circulation of explosives and blasting devices of non-military use.

Article 4.Definitions of the Terms

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4.1.The terms used on this law shall have following meanings:

4.1.1."Explosives" mean chemical compounds or mechanical mixtures, which with the reaction of blasting devices or under external factors enter into the chemical reaction instantly and create high pressure and releases heat;

4.1.2."Blasting devices" mean boosters containing the charge, which are designed for detonating explosives;

4.1.3."Pyrotechnical instruments" mean instruments with blinding lights and loud noise effects used for celebrations and entertainment purposes;

4.1.4."Circulation of explosives and blasting devices" mean activities related with production, import, export, sales, transportation, storage, use and disposal of explosives and blasting devices and conduct of blasting work;

/This sub-paragraph was amended by the law of 30 January 2020/

4.1. 5.“Destruction of explosives and blasting devices” means rendering harmless thereof with the means of burning, detonating, or dissolving;

4.1.6.“Performing carrying out a blasting work” means to supervise or carry out blasting and record the account of explosive materials;

/This sub-paragraph was amended by the law of 30 January 2020/

4.1.7.“Unified database” means the entirety of data and reports on the circulation of explosives and blasting devices that have been submitted by the state administrative organizations or legal entities in accordance with this law;

4.1.8.“Accredited professional organization” means a legal entity which has been authorized by the state central administrative body in charge of geology and mining issues based on the assessments and conclusions of the Professional Council, licensed to perform tests of explosives and blasting devices, consisting of experts, and possessing a laboratory test facility;

/This sub-paragraph was amended by the law of 30 January 2020/

4.1.9.“Professional council” means a council with representation from the state organization in charge of control over the circulation of explosives and blasting devices, professional associations, research and testing organizations; and

4.1.10.“Expert” means a competent specialized and consultant engineer who provides independent professional conclusion on explosives and blasting devices.

/This sub-paragraph was amended by the law of 30 January 2020/

CHAPTER TWO

State Regulation for Explosives and Blasting Devices

Article 5.Full Power of the Government

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5.1.The Government shall exercise the following full power for affairs related to explosives and blasting devices:

5.1.1.To enforce the state unified policy on explosives and blasting devices;

5.1.2.To approve the Unified Safety Rule of Blasting Operation;

5.1.3.To endorse the charter of the Professional Council;

5.1.4.To approve regulations for manufacturing, importing and application of pyrotechnical instruments;

5.1.5.To approve the list of explosives, blasting devices, and their basic raw materials which are internationally registered and permitted for circulation in Mongolia; and

5.1.6.To approve procedures for keeping the record of the unified database.

5.1.7.Nominate the border crossing point for importing and exporting explosives and blasting tools.

/This sub-paragraph was added by the law of 30 January 2020/

5.2.The Government shall update the list specified in Article 5.1.5 of this Law every year based on the opinion of the state central administrative body in charge of geology and mining.

/This paragraph was added by the law of 30 January 2020/

Article 6.Full Power of the State Central Administrative Body

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6.1.The state central administrative body in charge of geology and mining issues shall exercise the following full power for affairs related to explosives and blasting devices:

6.1.1.In collaboration with the central specialized inspection organization, to determine the safety zone of the plant, storage and warehouse of the explosives and blasting devices and regimens thereof, based on estimations;

/This sub-paragraph was amended by the law of 30 January 2020/

6.1.2.Based on the conclusion of the Professional Council, to grant, extend, suspend, or invalidate a license for conducting blasting work, for manufacturing, importing, exporting of explosives and blasting devices, and for manufacturing, importing of pyrotechnical instruments and use of it for performance purpose, selling explosives and blasting devices, and providing blasting services; and

/This sub-paragraph was amended by the law of 30 January 2020/

6.1.3.To set up the Professional Council with less than 15 members.

6.2.Persons in a conflict of interest or related to a licensed legal entity, provided in this Law, shall not be appointed to the Professional Council.

/This paragraph was added by the law of 30 January 2020/

6.3.The Cabinet Member in charge of geology and mining shall approve the procedure for issuing, renewing and revoking the rights of an accredited professional organization or expert.

/This paragraph was added by the law of 30 January 2020/

Article 7.Full Power of the Professional Council

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7.1.The Professional Council shall exercise the following full power regarding the circulation of explosives and blasting devices:

7.1.1.To discuss and draw conclusions on the design drawings and technical and economic feasibility study of plants and storages for explosives and blasting devices;

7.1.2.Propose to suspend or invalidate the licenses of a legal entity who breached this law, other relevant laws, procedures and regulations;

7.2.The Professional Council may hire a consulting engineer specialized in explosives and blasting devices as an expert; and

7.3.The members of the Professional Council appointed by the state administrative body shall report to their respective administration on the issues the Professional Council meeting discussed and resolved.

Article 8.Full Power of the Aimag/City Governor

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8.1.The Aimag/City Governor shall exercise the following full power for affairs on explosives and blasting devices:

8.1.1.To facilitate the enforcement of the law on the control over circulation of the explosives and blasting devices, Government resolutions pertaining to thereof within their jurisdiction;

8.1.2.To determine the permanent sites of plants, storages, and warehouses of explosives and blasting devices in accordance with the Unified Safety Rule of Blasting Operation and ensure registration thereof in the unified database within five working days; and

8.1.3.Not to issue a license to individuals, economic entities, or organizations on a land within the boundary of the safety zone of the plant, storage, and warehouses of explosives and blasting devices;

8.1.4.Organize measures among citizens to prevent violation of the regional control measures specified in Article 9.2 of this Law which are applicable to the respective jurisdiction.

/This sub-paragraph was added by the law of 30 January 2020/

CHAPTER THREE

Ensuring Safety of Explosives and Blasting Devices

Article 9.Safety Zone for the Production and Storage of Explosives and Blasting Devices

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9.1.Premises for production and storage of explosives and blasting devices shall have a safety zone.

9.2.Safety zone and its regime specified in Article 9.1 of this law shall be established in accordance with the Unified Safety Rule of Blasting Operation.

/This paragraph was amended by the law of 30 January 2020/

Article 10.Safety of Plants, Storages, and Warehouses of Explosives and Blasting Devices

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10.1.The safety operation of  regulations for plant, storage, and warehouses of explosives and blasting devices shall be governed by the unified safety rule of blasting operation approved by the state central administrative body in charge of geology and mining issues in collaboration with the central specialized inspection organization.

/This paragraph was amended by the law of 30 January 2020/

10.2.The government shall specify the state border gates through which explosives and blasting devices shall be imported or exported warehouse of explosives and blasting devices shall have the type of permanent and temporary. The requirements for the types of warehouse of explosives and blasting devices, the movement procedure among warehouses shall be set forth by unified safety rule of blasting operation.

/This paragraph was amended by the law of 30 January 2020/

10.3.The specialized inspection organization at the border shall inspect the explosives and blasting devices entering through the state border.

10.4.The specialized inspection organization at the border shall register the explosives and blasting devices that are entering through the border and shall deliver the unified database in a timely manner.

/The 10.3 and 10.4 were annulled by the law of 30 January, 2020/

Article11.Requirements for the Production of Explosives and Blasting Devices

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11.1.Apart from the requirements specified in Article 11 of the Law on Licensing, the following requirements shall be imposed on the legal entity for production of explosives and blasting devices:

11.1.1.To have, in its possessed land, designated buildings, facilities, permanent warehouse, laboratory, and testing grounds that meet the technical safety requirements for production of explosives and blasting devices;

/This sub-paragraph was amended by the law of 30 January 2020/

11.1.2.To have designated warehouse, designated equipment for loading and unloading and internal transport that meets safety requirements for explosives and blasting devices;

/This sub-paragraph was amended by the law of 30 January 2020/

11.1.3.The quality specifications of explosives and blasting devices shall meet the national and international standard requirements;

11.1.4.To conduct tests in compliance with the Unified Safety Rule of Blasting Operation in the event of production of new types of explosives and blasting devices, have expert conclusions issued by an accredited professional organization and have the standards approved;

11.1.5.To have professional workforce;

11.1.6.To have obtained the comments from the Emergency management Armed Forces Headquarters, central police and intelligence agencies;

/This sub-paragraph was amended by the law of 30 January 2020/

11.1.7.To have a detailed EIA and risk assessment for the production of explosives and blasting devices; and

11.1.8.To have a disaster vulnerability assessment and risk assessment for production facilities and storages of explosives and blasting devices;

11.1.9.At least 51 percent of the shares of a legal entity must be owned by a citizen or legal entity of Mongolia.

/This sub-paragraph was added by the law of 30 January 2020/

11.2.Explosives and blasting agents produced shall be packaged and tagged with serial (batch) numbers, which shall be granted by the state central administrative body in charge of geology and mining.

11.3.The external packaging of explosives and blasting agents shall be clearly marked with signs warning for explosion as well as name of the manufacturer and production and guaranteed shelf life dates.

11.4.Assessments and evaluations conclusion shall be obtained from an accredited professional organization and the Professional Council for setting up and commissioning a new explosives, blasting devices, or pyrotechnical plant.

/This paragraph was amended by the law of 30 January 2020/

11.5.Not less than 51 percent of the shares of a legal entity authorized to produce explosives and blasting devices shall be owned by a Mongolian citizen or legal entity legal entity having licence for manufacture of explosives and blasting devices shall within 5 work days, submit information on the change of shared property to state administrative body in charge of geology, mining matters after registering it in the state registry of legal entity.

/This paragraph was amended by the law of 30 January 2020/

11.6.Requirements for the professional workforce specified in Article 11.1.5 of this law shall be determined by the Unified Safety Rule of Blasting Operation.

11.7.The organization specified in Article 11.1.6 of this Law shall, within 20 working days following the receipt of the request from the legal entity, shall issue an opinion on the compliance of requirements set forth in this Law and the Unified Safety Regulations for Blasting Operations.

/This paragraph was added by the law of 30 January 2020/

11.8.The changes in the share capital of a legal entity licensed to manufacture explosives and blasting tools that fail to meet the requirements set forth in Article 11.1.9 of this Law shall become the grounds for revoking the license.

/This paragraph was added by the law of 30 January 2020/

Article 12.Requirements for the Export and Import of Explosives and Blasting Devices

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12.1.Apart from the requirements specified in Article 11 of the Law on Licensing, the following requirements shall be imposed on the legal entity for importing explosives and blasting devices:

12.1.1.To possess permanent warehouse that meets the safety requirements for storage of explosives and blasting devices, designated loading and unloading equipment and vehicle in own possessed land; to obtain a confirmation from the central specialized inspection organization on availability of the professional personnel;

/This sub-paragraph was amended by the law of 30 January 2020/

12.1.2.To obtain comments from the central police, intelligence agencies and the Armed Forces Headquarters state administrative body in charge of emergency management matter.

/This sub-paragraph was amended by the law of 30 January 2020/

12.1.3.Have a professional workforce.

/This sub-paragraph was added by the law of 30 January 2020/

12.2.The requirements specified in Article 11.1 of this law will be also applicable for Legal entity having license for manufacture of explosives and blasting devices shall have right to import of main raw materials necessary for production of them explosives and blasting devices.

/This paragraph was amended by the law of 30 January 2020/

12.3.Apart from the requirements specified in Article 11 of the Law on Licensing, the following requirements will be imposed on the legal entity for exporting explosives and blasting devices:

12.3.1.a copy of the license for production of explosives and blasting devices;

12.3.2.an accredited professional organization's confirmation that the goods to be exported meet the technical and standard requirements and a volume for export;

12.3.3.the contract signed with a purchaser, proof of intention for civil use, and documentation specifying terms for transportation; and

12.3.4.comments from the central police, intelligence agencies, and Armed Forces Headquarters, where the comments shall be resolved within 10 20 working days.

/This sub-paragraph was amended by the law of 30 January 2020/

12.4.The state central administrative body in charge of geology and mining shall issue permits specifying the quantity of import explosives, blasting tools and their main raw materials on every occasion.

/This paragraph was added by the law of 30 January 2020/

12.5.The state central administrative body in charge of geology and mining shall submit information on the permit issued under Article 12.4 of this Law to the state central administrative body in charge of environmental matters.

/This paragraph was added by the law of 30 January 2020/

12.6.Explosives, blasting tools and their main raw materials arriving through the state border shall be registered by the border specialized inspection agency each time for submission to the unified database specified in Article 22.1 of this Law.

/This paragraph was added by the law of 30 January 2020/

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Article 13.Requirements for the Sale of Explosives and Blasting Devices

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13.1.Holder of a license for production and import of explosives and blasting devices shall sell them only to the legal entities specified in paragraphs 15.1 and 16.1 of this law.

/This paragraph was amended by the law of 30 January 2020/

13.2.Central administrative body in charge of disaster prevention emergency management matter can sell to the organizations entitled to conduct blasting works or relocate or renew by substituting the explosives and blasting devices under seizure, under the supervision of professional organizations and register such movements in the unified database specified in Article 22 of this law in a timely manner.

/This paragraph was amended by the law of 30 January 2020/

13.3.The entity specified in Article 12.1 of this law shall submit quarterly reports on sales and use of explosives and blasting devices to the state central administrative body in charge of geology and mining issues.

/This paragraph was annulled by the law of 30 January, 2020/

13.4.Legal entities with excess explosives and blasting devices can sell them to the organizations authorized to purchase under the permission of the central specialized inspection organization.

Article 14.Requirements for the Transportation of Explosives and Blasting Devices

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14.1.Explosives and blasting devices shall be transported by specially equipped transport means along the approved route in compliance with transportation and hazardous goods standards in a safe manner and under security and the permit for transportation, vehicle, transport transportation route, and security shall be issued by the police organization, and the internal troop shall provide security and exert control over the security.

/This paragraph was revised by the law 09 February, 2017/

/This paragraph was amended by the law of 30 January 2020/

14.2.Transporting of explosives together with blasting devices shall be prohibited.

14.3.Potential risks in the process of transportation of explosives and blasting devices and guidelines for prevention of such risks should be introduced to each of the drivers of the transport vehicles and the attendants to ensure safety.

14.4.While transporting explosives and blasting devices through cities, settlements and other urban areas, the safety requirements for transporting extremely dangerous goods need to be fulfilled.

/This paragraph was amended by the law of 30 January 2020/

14.5.Explosives and blasting devices shall be unloaded and loaded in a designated area which meets the safety requirements.

14.6.The Regulations for Transporting, Loading and Unloading, and Storing Dangerous Goods on Railroads, which is approved in collaboration by the state central administrative organization in charge of railroads issues and the central intelligence agency, shall be complied with when transporting explosives and blasting devices through railroad.

14.7.The Safety Regulations for Transporting Explosives and Blasting Devices shall be approved by the central police organization in collaboration with the central specialized inspection organization.

/This sub-paragraph was amended by the law of 30 January 2020/

14.8.The state administrative body in charge of specialized inspection shall issue a transport approval specifying the quantity of explosives and blasting tools in consideration to the safety readiness and load capacity of the vehicle.

/This paragraph was added by the law of 30 January 2020/

14.9.The legal entity shall be responsible for the security costs during the transportation of explosives and blasting tools.

/This paragraph was added by the law of 30 January 2020/

Article 15.Requirements for Conducting a Blasting Work

15.1.The blasting work shall be conducted by a Mongolian citizen or legal entity.

/This paragraph was amended by the law of 30 January 2020/

15.2.Apart from the requirements specified in Article 11 of the Law on Licensing, the following requirements shall be imposed on the legal entity for conducting a blasting work:

15.2.1.to have professional workforce;

15.2.2.to obtain comments and conclusions from the central police and intelligence organizations; and

/This sub-paragraph was amended by the law of 30 January 2020/

15.2.3.to have a designated equipment and transportation vehicle for performing a blasting workwarehouse with guards for storing explosives and blasting devices.

/This sub-paragraph was amended by the law of 30 January 2020/

15.3.The legal entity licensed to conduct blasting works shall carry out its operations based on the check list issued by the state administrative organization in charge of specialized inspection. Blasting work performance report shall be submitted to the state administrative organization in charge of specialized inspection. Each blasting work incident must be reported in it.

/This paragraph was amended by the law of 30 January 2020/

15.4.The organization specified in Article 15.2.2 of this Law shall, within 10 working days following the receipt from the legal entity, submit an opinion on the compliance of blasting requirements established by this Law and the Unified Safety Regulations for Blasting Operations.

15.5.The procedure for issuing reports specified in Article 15.3 of this Law shall be approved by the head of the state administrative body in charge of specialized inspection.

15.6.The blasting license shall be issued to a citizen of Mongolia and the procedure for issuing, extending, suspending, restoring and revoking the blasting license shall be approved by the Cabinet Member in charge of geology and mining.

15.7.The criteria for the professional workforce specified in Article 15.2.1 of this Law shall be determined by the Unified Safety Regulations for Blasting Operations.

15.8.A legal entity licensed for blasting operations shall establish a temporary magazine at the blasting site on every occasion.

/The paragraphs 15.4-15.8 were added by the law of 30 January 2020/

Article 16.Uses of Explosives and Blasting devices

16.1.The following legal entities meeting requirements stipulated in 15.2.1. and 15.2.3 of this law, having blasting unit, and having permanent warehous established own possessed land, for the purpose of main operation may possess license for blasting work:

16.1.1.License holder stipulated in 15.10.5, 15.10.6, 15.10.18, 15.10.20, 15.15.1, 15.18.5, 15.18.6 of the Law on Business Licensing;

16.1.2.License holder of construction and repair of auto road, road facility stipulated in 15.15.4 of the Law on Business Licensing;

16.1.3.License holder of manufacture of construction material stipulated in 15.14.6 of the Law on Business Licensing.

/This paragraph was amended by the law of 30 January 2020/

16.2.Legal entities other than those specified in article 16.1 of this law shall have the blasting work done by a licensed legal entity.

16.3.When using explosives and blasting devices, legal entities shall comply with the Unified Safety Rule of Blasting Operation and 15.3 and 15.8 of this law.

/This paragraph was amended by the law of 30 January 2020/

Article 17.Pyrotechnical Devices

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17.1.Production, import and use of pyrotechnical devices and safety related matters shall be regulated by the rule stipulated in 5.1.4 of this law special procedures.

/This paragraph was amended by the law of 30 January 2020/

17.2.Pyrotechnic devices may be used for display or consumer use purposes.

17.3.The list of pyrotechnic devices for display and consumer use purposes in Mongolia shall be approved by the Cabinet Member in charge of geology and mining.

17.4.In addition to those specified in Article 11 of the Law on Licensing, the legal entities engaged in the production and import of pyrotechnic devices shall meet following requirements:

17.4.1.own a permanent magazine constructed on their land;

17.4.2.receive a reference from the state administrative body in charge of specialized inspection on the professional workforce that meets the requirements for handling explosives and blasting tools;

17.4.3.receive opinions from the state administrative body in charge of police, intelligence and emergency matters.

17.5.The legal entity using display pyrotechnic devices shall have a pyrotechnics specialist and shall receive opinions from the state administrative body in charge of police, intelligence and emergency matters.

17.6.The Cabinet Member in charge of geology and mining shall approve the procedure for granting, renewing, suspending and revoking the license of a pyrotechnics specialist.

17.7.The legal entity licensed to manufacture and import pyrotechnic devices shall sell display pyrotechnic devices to legal entities specified in Article 17.5 of this Law.

17.8.The requirements for legal entities selling consumer pyrotechnic devices shall be regulated by the rules set forth in Article 5.1.4 of this Law.

17.9.The state central administrative body in charge of geology and mining shall issue permits for each import of pyrotechnic devices.

17.10.The transportation safety shall be ensured as per the procedure set forth in Article 14.7 of this Law and the relevant expenses shall be borne by the legal entity during the transportation of pyrotechnic devices.

17.11.The organization specified in Article 17.4.3 of this Law shall, within 20 working days following the receipt of the request from the legal entity, submit an opinion on compliance with the requirements for production, import and use of pyrotechnic devices.

17.12.The border specialized inspection agency shall register each pyrotechnic device and raw material arriving through the state border and shall enter it into the unified database specified in Article 22.1 of this Law.

/The paragraphs 17.2-17.12 were added by the law of 30 January 2020/

Article 18.Requirements for the Storage and Safeguarding of Explosives and Blasting Devices

18.1.Explosives and blasting devices shall be stored separately in the warehouses that meet the safety requirements.

18.2.Explosives and blasting devices, plant building shall be guarded by a contracted security organization having right to possess firearm.

/This paragraph was amended by the law of 30 January 2020/

18.3.The legal entity shall have a record of incoming and outgoing explosives and blasting devices and their balance in accordance with the Unified Safety Rule of Blasting Operation and conduct inventory taking on a quarterly basis.

18.4.In the event of the loss of explosives or blasting devices, the police and intelligence organizations must be immediately informed within 24 hours and the legal entity, who is the legal owner, is obliged to render all the necessary assistance for investigations.

/This sub-paragraph was amended by the law of 30 January 2020/

Article 19.Insurance

19.1.The legal entity engaged in circulation of explosives and blasting devices shall inevitably purchase operation’s risk insurance, individual’s life and health insurances.

Article 20.Prohibitions

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20.1.The followings are prohibited for the purposes of ensuring safety of explosives and blasting devices:

20.1.1.To grant a license for manufacturing, importing, exporting of explosives and blasting devices, and for manufacturing, importing of pyrotechnical instruments and use of it for performance purpose, and for conducting blasting work to the legal entity that does not meet the requirements stipulated in 11.1.6 and 11.1.7 of the Law on Business Licensing and by this law;

/This sub-paragraph was amended by the law of 30 January 2020/

20.1.2.To store explosives and blasting and pyrotechnical devices in an undesignated place;

/This sub-paragraph was amended by the law of 30 January 2020/

20.1.3.To transport explosives, blasting and pyrotechnical devices by non-designated transportation means;

/This sub-paragraph was amended by the law of 30 January 2020/

20.1.4.To promote explosives and blasting devices by public media;

20.1.5.Unauthorized entrance/access to, by a person or vehicle, temporary or permanent residence at-, and breach of the regimen of the safety zone, specified in Article 9.1 of this law;

20.1.6.Accompanying the vehicle transporting explosives and blasting devices by a persons other than the Blasting Supervisor and a Security Officer.

20.1.7.Procurement, sale, storage, transportation, application/use and destruction of explosives and blasting devices by an individual; and

20.1.8.Usage, storage, re-selling and transmitting to others, by the legal body, the explosives and blasting devices for undesignated purposes.

Article 21.Destruction of Explosives and Blasting Devices

21.1.Explosives and blasting devices that do not meet the quality requirements or which have expired can be destroyed by the legal body based on the conclusions by the professional accredited organization and in accordance with the plan, specified in the Unified Safety Rule of Blasting Operation and under supervision of the central specialized inspection organization and the state administrative body in charge of emergency matter disaster prevention organization.

/This paragraph was amended by the law of 30 January 2020/

21.2.The evidence on the destruction of explosives and blasting devices shall be submitted to the state central administrative body in charge of mining and geology issues within seven days and shall be registered in the unified database, specified in Article 22.1 hereby.

/This paragraph was amended by the law of 30 January 2020/

21.3.In case explosives and blasting devices related emergency call or notice is received or an incident or hazard occurred the state administrative organization in charge of disaster prevention emergency management matter shall take actions to make harmless.

/This paragraph was amended by the law of 30 January 2020/

CHAPTER FOUR

Unified Database on Explosives and Blasting Devices

Article 22.Unified Database on Explosives and Blasting Devices

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22.1.The state central administrative body in charge of geology and mining issues shall have a unified database on details on explosives and blasting devices stored, produced, imported, exported, sold, used and destroyed by legal entities, including their names, types, quantity and location as well as register of blasting officer, pyrotechnical devices specialist.

/This paragraph was amended by the law of 30 January 2020/

22.2.The source of budget for the unified database of explosives and blasting devices shall be financed from the budget package of the Cabinet Member in charge of geology and mining issues.

22.3.The legal entities engaged in production, import, export, sales and use of explosives and blasting devices shall submit data on revenues and expenditures of explosives and blasting devices stored, produced, imported, exported, sold and used to the unified database, specified in article 22.1 of this law, on a timely manner.

/This paragraph was annulled by the law of 30 January, 2020/

22.4.The state administrative central organization in charge of defense, central professional inspection organization, state administrative body in charge of emergency matter disaster prevention, police and intelligence agencies shall use information relevant to the unified database of explosives and blasting agents.

/This paragraph was amended by the law of 30 January 2020/

22.5.The Customs organization shall submit data and reports on explosives and blasting devices crossing the state border to the intelligence organizations and the state central administrative body in charge of geology and mining issues on a monthly basis.

22.6.The procedure specified in Article 5.1.6 of this Law shall regulate the relations between the legal entity participating in the circulation of explosives and blasting tools and the state organization in charge of monitoring such activities with respect to the content, frequency and verification of information to be entered into the unified database.

/This paragraph was added by the law of 30 January 2020/

CHAPTER FIVE

Control and Responsibility Mechanism for Explosives and Blasting Devices

Article 23.Control over Circulation of Explosives and Blasting Devices

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23.1.The control over the enforcement of the legal acts on the control of circulation of explosives and blasting devices shall be exercised by the central specialized inspection following organization.

23.1.1.State administrative organization in charge of specialized inspection matters;

23.1.2.Border specialized inspection unit over the crossing the explosives, blasting and pyrotechnical devices through state border;

23.1.3.Police, emergency management organization, state administrative organization in charge of specialized inspection matters over the sale of pyrotechnical instruments and use of it for performance purpose;

23.1.4.emergency management organization over the fire safety operation in the production, storage of explosives, blasting devices, and prevention from accident.

/The paragraph 23.1 was amended by the law of 30 January 2020/

23.2.The legal entities will undertake internal control over the consumption of explosives and blasting devices and compliance of legal acts, regulations and technological procedures on explosives and blasting devices.

23.3.Central specialized inspection organization shall employ assistance of a professional accredited organization to define model, classification, capacity, validity period, and compliance to the standard requirements of explosives and blasting devices.

23.4.Illegal influence by a member of the Professional Council to other members shall be prohibited.

23.5.The Professional Council member shall not put one’s personal interests over the public interests when fulfilling official duties on behalf of the state organization.

23.6.An expert shall be fully liable for his assessments in front of the Professional Council. In case of an intentional unjustified assessment, as per decision/resolution by the Professional Council, a relevant organization shall be approached for invalidation of his/her certified and the consulting engineer’s title.

23.7.Certified and consulting engineer’s title shall be invalidated in the events/cases, specified in Article 23.6 hereby.

23.8.A professional accredited organization shall be fully liable for its assessments made and its authorization shall be cancelled if unjustified assessments have been made.

Article 24.Liabilities for violation of law

24.1.An individual, legal person who has breached this law is subject to the liability in accordance with Criminal Law or Law on Offence.

24.2.If the actions of an official in breach of this Law are not of criminal nature, he / she shall be subject to liability under the Law on Public Service.

/This paragraph was added by the law of 30 January 2020/

/This Article has been revised by the law of 04 December, 2015/

 

 

SPEAKER, THE STATE GREAT KHURAL z.enkhbold