(2022-10-24-ний өдрийн орчуулга)           Unofficial translation

LAW OF MONGOLIA

January 31, 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 shall be to regulate relations with regard 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

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 Permission, this law and other legal acts enacted in compliance with them.

/This paragraph was amended according to the law of June 17/

Article 3.Scope of the Law

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

Article 4.Definitions of the legal terms

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

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

4.1.2."Blasting devices" shall mean blasting initiators containing the charge dedicated to detonating explosives;

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

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

/This subparagraph was amended according to the law of January 30, 2020/

4.1.5."Destruction of explosives and blasting devices" shall mean rendering them harmless using the process of burning, detonating, or dissolving;

4.1.6."Carrying out blasting work" shall mean to supervise or carry out blasting and keep record of explosive materials;

/This subparagraph was amended according to the law of January 30, 2020/

4.1.7."Unified database" shall mean the integrity of data and reports on the circulation of explosives and blasting devices that submitted by the state administrative organization or legal entities in accordance with this law;

4.1.8."Accredited professional organization" shall mean 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 subparagraph was amended according to the law of January 30, 2020/

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

4.1.10."Expert" shall mean a competent specialized and consultant engineer who provides independent professional conclusion on explosives and blasting devices.

/This subparagraph was amended according to the law of January 30, 2020/

CHAPTER TWO

STATE REGULATION WITH RESPECT TO EXPLOSIVES AND BLASTING DEVICES

Article 5.Powers of the Government

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

5.1.1.To implement the integrated state policy on explosives and blasting devices;

5.1.2.To approve the integrated 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;

5.1.6.To approve procedures for keeping record of the integrated database; and

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

/This subparagraph was added according to the law of January 30, 2020/

5.2.The Government shall update the list specified in Subparagraph 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 according to the law of January 30, 2020/

Article 6.Powers of the State central administrative body

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

6.1.1.To determine the safety zone of the plant, storage and warehouse of the explosives and blasting devices based on estimations;

/This subparagraph was amended according to the law of November 11, 2022/

/This subparagraph was amended according to the law of January 30, 2020/

6.1.2.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 entertainment purpose, selling explosives and blasting devices, and providing blasting services based on the conclusion of the Professional Council; 

/This subparagraph was amended according to the law of January 30, 2020/

6.1.3.To set up the Professional Council with not less than 15 members.

6.2.It shall be prohibited to appoint any person in conflict of interest and related to license holding legal entity provided in this Law to the Professional Council.

/This paragraph was added according to the law of January 30, 2020/

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

/This paragraph was added according to the law of January 30, 2020/

Article 7.Powers of the Professional Council

7.1.The Professional Council shall exercise the following powers 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.to propose to suspend or invalidate the licenses of 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 affiliate administration on the issues discussed and resolved by the Professional Council meeting.

Article 8.Powers of the Aimag/City Governor

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

8.1.1.to facilitate the implementation of resolutions of the law on the control over circulation of the explosives and blasting devices issued by the Government 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 Integrated Safety Rule of Blasting Operation and ensure the registration thereof in the integrated database within five working days; 

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

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

/This subparagraph was added according to the law of January 30, 2020/

CHAPTER THREE

ENSURING SAFETY OF EXPLOSIVES AND BLASTING DEVICES

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

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 Paragraph 9.1 of this law shall be established in accordance with the Integrated Safety Rule of Blasting Operation.

/This paragraph was amended according to the law of January 30, 2020/

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

10.1.The Integrated Safety Rule of Blasting Operation shall define the safe operation plant, storage, and warehouses of explosives and blasting devices.

/This paragraph was modified according to the law of January 30, 2020/

10.2.The storage of explosives and blasting devices shall have the type of permanent and temporary. The Integrated Safety Rule of Blasting Operation shall set the requirements on each type storage and procedure to carry out circulation between storages.

/This paragraph was modified according to the law of January 30, 2020/

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

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

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.

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

Article 11.Requirements on the Production of Explosives and Blasting Devices

11.1.Apart from the requirements specified in paragraph 3 Article 5.1 of the Law on Permission, the following requirements shall be set on the legal entity engaged in production of explosives and blasting devices:

/This paragraph was amended according to the law of June 17, 2022/

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

/This subparagraph was amended according to the law of January 30, 2020/

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

/This subparagraph was amended according to the law of January 30, 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 Integrated 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 be supplied with professional workforce;

11.1.6.to have obtained the opinions from the state administrative body in charge of issues of police and intelligence agencies and emergency management;

/This subparagraph was modified according to the law of January 30, 2020/

11.1.7.to have conducted  a detailed environmental impact assessment and risk assessment for the production of explosives and blasting devices; and

11.1.8.to have conducted a disaster vulnerability assessment and risk assessment for production premises and storages of explosives and blasting devices;

11.1.9.A citizen or legal entity of Mongolia must own percentage not less than 51% of shares of legal entity.

/This subparagraph was added according to the law of January 30, 2020/

11.2.Explosives and blasting agents produced shall be packaged and tagged with serial /batch/ numbers and state central administrative body in charge of geology and mining shall issue such serial /batch/ numbers.

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

11.4.Assessment and conclusion shall be obtained from an accredited professional organization and the Professional Council when establishing and commissioning new plant for explosives, blasting or pyrotechnical devices.

/This paragraph was amended according to the law of January 30, 2020/

11.5.The legal entity holding license for production of explosives and blasting devices shall submit the information on the change of shared property to the state administrative body in charge of geology, mining issues not less than 5 working days since it was registered at state registration of legal entity.  

/This paragraph was modified according to the law of January 30, 2020/

11.6.The Integrated Safety Rules of Blasting Operation shall define the requirements on qualified workforce specified in subparagraph 11.1.5 of this law.

11.7.The organization specified in subparagraph 11.1.6 of this Law shall issue its opinion on the compliance of requirements set forth in this Law and the Integrated Safety Rules of Blasting Operations within 20 working days following the receipt of the request from the legal entity.

/This paragraph was added according to the law of January 30, 2020/

11.8.In case the changes made to the share capital of legal entity, having license, to produce explosives and blasting tools have failed to meet the requirements set forth in subparagraph 11.1.9 of this Law, it shall provide the grounds for revoking the license.

/This paragraph was added according to the law of January 30, 2020/

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

12.1.Apart from the requirements specified in the paragraph 3 of Article 5.1 of the Law on Permits, the following requirements shall be set on the legal entity for importing explosives and blasting devices:

/This paragraph was amended according to the law of June 17, 2022/

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 of own possession on own land of ownership;

/This subparagraph was revised according to the law of January 30, 2020/

12.1.2.to have obtained the opinions from the state administrative body in charge of issues of police and intelligence agencies and emergency management;

/This subparagraph was amended according to the law of January 30, 2020/

12.1.3.to be supplied with qualified workforce.

/This subparagraph was added according to the law of January 30, 2020/

12.2.The legal entity having license for production of explosives and blasting devices shall have right to import the main raw materials necessary for production of them.

/This paragraph was modified according to the law of January 30, 2020/

12.3.Apart from the requirements specified in paragraph 3 of Article 5.1 of the Law on Permits, the following requirements will be set on the legal entity for exporting explosives and blasting devices:

/This paragraph was amended according to the law of June 17, 2022/

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

12.3.2.confirmation of accredited professional organization on compliance of standards and technical requirements of goods for exported and volume of export;

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

12.3.4.must obtain opinions from the central authority of police and intelligence services and general staff of Armed Forces. The opinion must be in time so that it returns within 20 working days.

/This subparagraph was modified according to the law of January 30, 2020/

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

/This paragraph was added according to the law of January 30, 2020/

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

/This paragraph was added according to the law of January 30, 2020/

12.6.The Customs authority shall register explosives, blasting tools and their main raw materials arriving through the state border and submit it to the integrated database specified in paragraph 22.1 of this Law on each occasion.

/This paragraph was added according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 12, 2020/

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

13.1.The holder of 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 according to the law of January 30, 2020/

13.2.The state central administrative body in charge of emergency management may sell confiscated explosives and blasting devices to organization entitled to conduct blasting work or relocate or renew by substitution under the supervision of professional organization and register such movements in the integrated database specified in Article 22 of this law on each occasion.

/This paragraph was amended according to the law of January 30, 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 according to the law of January 30, 2020/

13.4.Legal entities with surplus explosives and blasting devices from their need can sell them to the organizations authorized to purchase under permission of the competent inspection authority.

/This paragraph was amended according to the law of November 11, 2022/

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

14.1.Explosives and blasting devices shall be transported by specially equipped transport means along the approved destination in compliance with transportation and hazardous goods standards, accompanied by protection. The permit for transportation vehicle and  transportation route shall be issued by police organization, and the protection performed by domestic armed forces for assurance of security.

/It was amended according to the law of 9 February, 2017/

/This paragraph was amended according to the law of January 30, 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 accompanying personnel 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 according to the law of January 30, 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 central police organization shall approve Safety Regulations for Transporting Explosives and Blasting Devices in collaboration with the state central administrative body in charge of geology and mining.

/This paragraph was amended according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 11, 2022/

14.8.The competent inspection authority shall issue a transport approval sheet specifying the quantity of explosives and blasting tools in consideration with safety readiness and load capacity of vehicle.

/This paragraph was added according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 11, 2022/

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

/This paragraph was added according to the law of January 30, 2020/

Article 15.Requirements on Conducting Blasting Work

15.1.Mongolian legal entity shall conduct blasting work.

/This paragraph was amended according to the law of January 30, 2020/

15.2.Apart from the requirements specified in paragraph 3 of Article 5.1 of the Law on Permits, the following requirements shall be set on the legal entity for conducting  blasting work:

/This paragraph amended according to the law of June 17, 2022/ 

15.2.1.to have qualified workforce;

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

/This subparagraph was amended according to the law of January 30, 2020/

15.2.3.to have designated equipment and transportation vehicle to perform blasting work.

/This paragraph was amended according to the law of January 30, 2020/

15.3.The legal entity having license to conduct blasting work shall carry out its operation based on the checklist issued by the competent inspection authority. It shall submit blasting work performance report to the state administrative organization in charge of specialized inspection. The report shall reflect each work case.

/This paragraph was modified according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 11, 2022/

15.4.The organization specified in subparagraph 15.2.2 of this Law shall  submit its opinion on the compliance of blasting requirements established by this Law and the Integrated Safety Rules of Blasting Operation within 10 working days following the receipt from the legal entity.

/This paragraph was added according to the law of January 30, 2020/

15.5.The state central administrative body in charge of geology and mining shall approve the procedures for issuing report specified in paragraph 15.3 of this Law.

/This paragraph was added according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 11, 2022/

15.6.It shall issue blasting license to a citizen of Mongolia and the Cabinet Member in charge of geology and mining shall approve the procedures for issuing, extending, suspending, restoring and revoking the blasting license.

/This paragraph was added according to the law of January 30, 2020/

15.7.The Integrated Safety Rules of Blasting Operation shall define the requirements on qualified workforce specified in subparagraph 15.2.1 of this Law.

/This paragraph was added according to the law of January 30, 2020/

15.8. Legal entity having license for blasting operation shall establish a temporary warehouse at blasting site on every occasion.

/This paragraph was added according to the law of January 30, 2020/

Article 16.Use of Explosives and Blasting devices

16.1.The following legal entities having blasting units and permanent warehouse built on its own land of ownership meeting requirements stipulated in subparagraphs 15.2.1 and 15.2.3 of this law may own license for blasting work for purpose of fulfilling its primary activity:

16.1.1.a license holder stipulated in subparagraphs 5.1 and 5.6 of paragraph 5 of article 8.1 and subparagraphs 8.7, 8.14, 8.15, 8.16 and 8.19 of paragraph 8 the Law on Permits;

/"subparagraphs 15.10.5, 15.10.6, 15.10.18, 15.10.20, 15.15.1, 15.18.5 and 15.18.6 of the law on licensing of the business activities" in this subparagraph was replaced as "5.1 and 5.6 of paragraph 5 of article 8.1 and subparagraphs 8.7, 8.14, 8.15, 8.16 and 8.19 of paragraph 8 the Law on Permits" according to the law of June 17, 2022 and it shall be effective from January 1, 2023/

16.1.2.a license holder of construction and repair of auto road, road facility stipulated in subparagraph 5.2, paragraph 5 of article 8.1 of the Law on Permits;

/"subparagraph 15.15.4 of the law on licensing of the business activities" in this subparagraph was replaced as "subparagraph 5.2 of paragraph 5 of article 8.1 and subparagraphs 8.7, 8.14, 8.15, 8.16, 8.19 of paragraph 8 the Law on Permits" according to the law of June 17, 2022 and it shall be effective from January 1, 2023/

16.1.3.a license holder of manufacture of construction material stipulated in subparagraphs 3.1, 3.3 and 3.5, paragraph 3 of article 8.1 of the Law on Permits.

/"subparagraph 15.14.6 of the law on licensing of the business activities" in this subparagraph was replaced as "subparagraphs 3.1, 3.3 and 3.5, paragraph 3 of article 8.1 of the Law on Permits" according to the law of June 17, 2022 and it shall be effective from January 01, 2023/

/This paragraph was modified according to the law of January 30, 2020/

16.2.Legal entities other than those specified in paragraph 16.1 of this law shall have blasting performed by a legal entity having license.

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

/This paragraph was amended according to the law of January 30, 2020/

Article 17.Pyrotechnical Devices

17.1.The rule specified in subparagraph 5.1.4 of this law shall govern Production, import and use of pyrotechnical devices and safety related matters.

/This paragraph was modified according to the law of January 30, 2020/

17.2.Pyrotechnic devices shall have intended use of demonstration or consumer use.

/This paragraph was amended according to the law of January 30, 2020/

17.3.The Cabinet Member in charge of geology and mining shall approve the list of pyrotechnic devices for demonstration and consumer use in Mongolia.

/This paragraph was added according to the law of January 30, 2020/

17.4.In addition to those specified in paragraph 3 of Article 5.1 of the Law on Permits, the legal entities engaged in the production and import of pyrotechnic devices shall meet following requirements:

/"article 11 of the law on licensing of the business activities" in this paragraph was replaced as "paragraph 3 of Article 5.1 of the Law on Permits" according to the law of June 17, 2022 and it shall be effective from January 01, 2023/

17.4.1.to own a permanent warehouse constructed on land of its ownership;

17.4.2.to have reference received from the component inspection authority on qualified workforce that meets the requirements for handling explosives and blasting tools;

/This subparagraph was amended according to the law of November 11, 2022/

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

/This subparagraph was added according to the law of January 30, 2020/

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

/This paragraph was added according to the law of January 30, 2020/

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.

/This paragraph was added according to the law of January 30, 2020/

17.7.The legal entity having license to manufacture and import pyrotechnic devices shall sell demonstration pyrotechnic devices to legal entities specified in paragraph 17.5 of this Law.

/This paragraph was added according to the law of January 30, 2020/

17.8.The rule set forth in subparagraph 5.1.4 of this Law shall govern the requirements on legal entities which will sell consumer pyrotechnic devices.

/This paragraph was added according to the law of January 30, 2020/

17.9.The state central administrative body in charge of geology and mining shall issue permit specifying the volume of pyrotechnic devices for import.

/This paragraph was added according to the law of January 30, 2020/

17.10.The respective legal entity shall ensure the transportation safety as per the procedure set forth in paragraph 14.7 of this Law and the relevant expenses shall be borne by the legal entity when transporting pyrotechnic devices. 

/This paragraph was added according to the law of January 30, 2020/

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

/This paragraph was added according to the law of January 30, 2020/

17.12.The Customs Authority shall register each pyrotechnic device and raw material arriving through the state border and it shall register it into the integrated database specified in paragraph 22.1 of this Law.

/This paragraph was added according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 12, 2021/

Article 18.Requirements on 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.Plant building and warehouse of explosives and blasting devices shall be guarded by a contracted security organization having right to possess firearms.

/This paragraph was amended according to the law of January 30, 2020/

18.3.The legal entity shall keep record of income and expense and balance record of explosives and blasting devices in accordance with the Integrated Safety Rules of Blasting Operation and conduct inventory check-up on a quarterly basis.

18.4.In case explosive or blasting device is lost, the police and intelligence organization must be immediately informed and the legal entity, who is the legal owner of thereof, is obliged to render all the necessary assistance for investigation.

/This paragraph was amended according to the law of January 30, 2020/

Article 19.Insurance

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

Article 20.Prohibitions

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 demonstration purpose, and for conducting blasting work to legal entity that have not met the requirements stipulated in subparagraphs 11.1.6 and 11.1.7 of the Law on Permits and by this law;

/The term "subparagraphs 11.1.6 and 11.1.7 of Law on Licensing of Business Activities" in this paragraph was removed according to the law of June 17, 2022 and it shall be effective from January 1, 2023/

/This subparagraph was amended according to the law of January 30, 2020/

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

/This subparagraph was amended according to the law of January 30, 2020/

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

/This subparagraph was amended according to the law of January 30, 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 safety zone, specified in paragraph 9.1 of this law;

20.1.6.accompanying vehicle transporting explosives and blasting devices by people other than 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, resale 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.The legal entity shall destroy explosives and blasting devices that have not met the quality requirements or expired based on the conclusion by the professional accredited organization in accordance with the plan specified in Integrated Safety Rules of Blasting Operation. In doing so, it shall operate under supervision of the state central administrative body in charge of geology and mining and the state administrative body in charge of emergency management.

/This paragraph was amended according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 11, 2022/

21.2.The evidence on the destruction of explosives and blasting devices shall be registered in the integrated database specified in paragraph 22.1 of this law.

/This paragraph was amended according to the law of January 30, 2020/

21.3.The state administrative organization in charge of emergency management shall take actions to render explosives and blasting devices harmless in case emergency call or notice is received or an incident or hazard occurred related to them.

/This paragraph was amended according to the law of January 30, 2020/

CHAPTER FOUR

UNIFIED DATABASE ON EXPLOSIVES AND BLASTING DEVICES

Article 22.Integrated Database on Explosives and Blasting Devices

22.1.The state central administrative body in charge of geology and mining issues shall have an integrated database which reflects the details on registration of blaster and expert of pyrotechnical devices, explosives, product ranges, quantity and location of explosives and blasting devices stored, produced, imported, exported, sold, used and destroyed by legal entities.

/This paragraph was amended according to the law of January 30, 2020/

22.2.The Cabinet Member in charge of geology and mining issues shall finance the source of budget for the integrated database of explosives and blasting devices from his budget packet.

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 according to the law of January 30, 2020/

22.4.The state central administrative organization in charge of defense, state central administrative body in charge of geology and mining, and state administrative body in charge of emergency management, police and intelligence agencies shall use information relevant to the integrated database of explosives and blasting agents.

/This paragraph was amended according to the law of January 30, 2020/

/This paragraph was amended according to the law of November 11, 2022/

22.5.The Customs Authority 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 Subparagraph 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 integrated database.

/This paragraph was added according to the law of January 30, 2020/

CHAPTER FIVE

CONTROL AND RESPONSIBILITY MECHANISM FOR EXPLOSIVES AND BLASTING DEVICES

Article 23.Control over Circulation of Explosives and Blasting Devices

23.1.The following organizations shall oversee the control over explosives and blasting devices:

23.1.1.state central administrative body in charge of geology and mining and competent inspection authority to oversee the implementation of legislation regarding control over circulation of explosives and blasting devices;

/This paragraph was amended according to the law of November 11, 2022/

23.1.2.customs Authority to inspect the crossing explosives, blasting and pyrotechnical devices through state border;

/This paragraph was amended according to the law of November 12, 2021/

23.1.3.police, emergency management organization, competent inspection authority over the sale of pyrotechnical instruments and use of it for performance purpose;

/This paragraph was amended according to the law of November 11, 2022/

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

/This paragraph was modified according to the law of January 30, 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.The competent inspection authority 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.

/This paragraph was amended according to the law of November 11, 2022/

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 assessment in front of the Professional Council. In case expert has provided an ungrounded assessment intentionally, relevant organization shall be approached for invalidation of his/her certified and the consultant engineer's title according to decision of the Professional Council.

23.7.In case provided in paragraph 23.6 of law, certified and consultant engineer's title shall be invalidated.

23.8.The professional accredited organization shall be fully liable for its assessment and its authorization shall be cancelled in case ungrounded conclusion has been made.

Article 24.Liabilities for the violators of the law

24.1.Any person or legal entity has violated this Law shall be subject to liability specified in the Criminal Law or the Law on Violations.

/This article was modified according to the law of December 4, 2015/

24.2.In case the actions of a civil servant violating this Law have not a criminal nature, they shall be subject to liability specified in the Law on Public Service.

/This paragraph was added according to the law of January 30, 2020/

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ENKHBOLD.Z