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CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE AND MINISTRY OF CONSTRUCTION ON RELEVANT ISSUES CONCERNING REGULATING THE ADMINISTRATION OF FOREIGN EXCHANGE IN REAL ESTATE MARKET

Circular of the State Administration of Foreign Exchange and Ministry of Construction on Relevant Issues concerning Regulating the
Administration of Foreign Exchange in Real Estate Market

Hui Fa [2006] No. 47

The branches of the State Administration of Foreign Exchange and the foreign exchange administrative departments in each province,
autonomous region, and municipality directly under the Central Government, the branches of the State Administration of Foreign Exchange
in Shenzhen, Dalian, Qingdao, Xiamen, Ningbo, the construction departments in each province and autonomous region, the bureaus of
houses, land and resources (construction commissions) in each municipality directly under the Central Government, head offices of
all designated Chinese-funded foreign exchange banks,

In order to implement the Opinions concerning Regulating the Admission and Administration of Foreign Investments to the Real Estate
Market issued by the Ministry of Construction and the other five ministries and commissions (Jian Zhu Fang [2006] No. 171) and
improve the healthy development of the real estate market, relevant issues of foreign exchange administration, the stipulations
concerning the regulation of admission and administration of foreign investments to the real estate market are hereby announced as
follows:

I.

A branch or representative office established within the territory of China by a foreign institution (hereinafter referred to as
the “domestic branch or representative office”), when buying commercial houses for self use that meet its actual needs in the place
of registration , shall be subject to the following stipulations:

(1)

If the money for house purchasing is remitted from abroad, it shall apply to the designated foreign exchange bank with the following
documents. After the designated foreign exchange bank have examined and verified the authenticity of these documents , the money
for house purchasing may be directly transferred to the RMB account of the real estate development enterprise after it is settled.

(a)

The contract for the sale or advance sale of commercial housing,

(b)

The approval documents of the establishment of the domestic branch or representative office, and a valid registration certification
thereof,

(c)

Certifications of the registration and filing of the contract for the advance sale of commercial housing that this domestic branch
or representative office purchases in its registration place, as well as other relevant certifications issued by the real estate
administrative department, and

(d)

The written commitment that the commercial houses it purchases satisfy the principle of actual needs for self use.

A real restate development enterprise shall not keep the money, which is remitted from abroad to any domestic branch or representative
office for house purchasing., in the foreign current account.

(2)

If the money for house purchasing is paid from a foreign exchange account within China, an application shall be presented to the
designated bank of foreign exchange with all documents listed in Paragraph 1 of this Article. After the authenticity of the said
documents has been examined and verified by the designated foreign exchange bank, the money for house purchasing may be directly
transferred to the Renminbi account of the real estate development enterprise after it is settled. The fund in the current account
of a domestic representative office shall not be used to purchase any domestic commercial house after it is settled.

II.

A foreign individual that has worked or studied for more than one year within China is available to purchase a commercial house according
to his actual needs. He shall comply with the following stipulations:

(1)

If the money for house purchasing is remitted from abroad, he shall apply to the designated foreign exchange bank with the following
documents. After the designated foreign exchange bank has examined and verified the authenticity of these documents, the money for
house purchasing may be directly transferred to the RMBaccount of the real estate development enterprise after it is settled:

(a)

The contract for the sale or advance sale of commercial housing;

(b)

A valid passport and other identity certificates;

(c)

A valid employment contract or certificate for his status as a student for a period of one year or more within China;

(d)

Certifications of the registration and filing of the contract for the advance sale of commercial housing that this foreign individual
purchases in the city where he is located, as well as other certifications issued by the real estate administrative department.

A real restate development enterprise shall not keep the money for house purchasing, which is remitted from abroad to any foreign
individual , in the foreign exchange current account.

(2)

If the money for house purchasing is paid from a foreign exchange account within China, an application shall be presented to the
designated foreign exchange bank with all documents listed in Paragraph 1 of this Article. After the authenticity of the said documents
has been examined and verified by the designated foreign exchange bank, the money for house purchasing may be directly transferred
to the Renminbi account of the real estate development enterprise after it is settled.

III.

A Hong Kong, Macao or Taiwan resident or an overseas Chinese is available to purchase a certain area of commercial house within China
in line with his needs. He shall comply with the following stipulations:

(1)

If the money for house purchasing is remitted from abroad, he shall apply to the designated foreign exchange bank with the following
documents. After the authenticity of the said documents has been examined and verified by the designated foreign exchange bank, the
money for house purchasing may be directly transferred to the Renminbi account of the real estate development enterprise after it
is settled:

(a)

The contract for the sale or advance sale of commercial housing;

(b)

The Mainland Travel Permit for Taiwan, Hong Kong and Macao Residents, and other valid identity certificates;

(c)

Certifications of the registration and filing of the contract for the advance sale of commercial housing that this foreign individual
purchases in the city where he is located, as well as other certifications issued by the real estate administrative department.

(2)

If the money for house purchasing is paid from a foreign exchange account within China, an application shall be presented to the
designated foreign exchange bank with all documents listed in Paragraph 1 of this Article. After the authenticity of the said documents
has been examined and verified by the designated foreign exchange bank, the money for house purchasing may be directly transferred
to the RMB account of the real estate development enterprise after it is settled.

IV.

A domestic branch or representative office and foreign individual, which fails to complete the commercial housing business for any
reason and then need to remit abroad the Renminbi refund used to buy commercial housing after purchasing foreign exchange, shall
apply to the original designated foreign exchange bank with the following documents. After the authenticity of the said documents
has been examined and verified by the designated foreign exchange bank, the money for house purchasing in Renminbi and its interests
may be used to purchase foreign exchange and then be transferred to the foreign exchange account of the foreign institution or of
the foreign individual:

(a)

An application (including the reasons why the commercial housing business is not completed);

(b)

The voucher for the original foreign exchange settlement;

(c)

The certification document concerning the rescission of the contract for commercial housing business which is signed between the
real estate development enterprise and the domestic branch, representative office or foreign individual; and

(d)

The certification document concerning the cancellation of the commercial house purchasing by the domestic branch, representative office
or foreign individual, and other certifications issued by the real estate administrative department.

V.

The RMB fund acquired by a domestic branch, representative office or foreign individual through selling domestic commercial housing
that it (he) purchases, after the branch of the State Administration of Foreign Exchange or foreign exchange administrative department
(hereinafter referred to as the foreign exchange bureau) has examined and verified the following documents, is available to be used
to purchase foreign exchange and then be remitted abroad.:

(a)

An application for purchasing foreign exchange;

(b)

A transfer contract for commercial housing; and

(c)

The certification documents concerning the tax payments for the transfer of house ownership.

VI.

If a foreign-funded real estate enterprise fails to pay all the registered capital,to acquire a Certificate for Using State-owned
Land, or to have its development project fund reach 35% of the total investments to the project, it shall not borrow any foreign
debt from abroad, nor shall the foreign exchange bureau implement the registration of its foreign debt or approve the conversion
of foreign debt into RMB.

VII.

Where an foreign institution or individual merges a real estate enterprise within China through equity transfer or any other ways
or acquires the equities of the Chinese party of an joint venture enterprise, if it (he) fails to pay the lump-sum money for transfer
with its internal capital, the foreign exchange bureau shall not implement the registration of foreign exchange income from transfer
of equities.

If the Chinese party or the foreign party of a foreign-funded real estate enterprise, in contract, articles, the entity transfer agreement
as well as other documents, make any promised articles concerning fixed return or fixed return in disguised form to any party,, the
foreign exchange bureau shall not implement the registration or alternation registration of foreign exchange of foreign-funded enterprise.

VIII.

The foreign institution or individual shall not use the fund in the special foreign exchange account which is established for foreign
investors in the bank within China to develop or manage the real estate business.

IX.

A designated foreign exchange bank shall, in accordance with the stipulations of this Circular, strictly examine and implement the
revenue and expenditure and conversion business of foreign exchange through the purchasing and sale of commercial housing within
China by domestic branches, representative offices and foreign individuals.

A designated foreign exchange bank shall, on a monthly basis, summarize the information about the revenue and expenditure, and conversion
business of foreign exchange through the purchasing and sale of commercial housing within China by domestic branches, representative
offices and foreign individuals and shall, before 10th day of each month, submit the relevant information of the last month, according
to the format in Annex 1, to the local foreign exchange bureau.

X.

A foreign exchange bureau shall strengthen the statistical monitoring and supervisory administration of the revenue and expenditure,
and conversion business of foreign exchange through the purchasing and sale of commercial housing within China by domestic branches,
representative offices and foreign individuals and intensify the contact and communication with the local real estate administrative
department. Before the 15th day of each month, the foreign exchange bureau shall summarize and submit the relevant statistical data
of the last month in the areas that come under its jurisdiction to the State Administration of Foreign Exchange according to format
in Annex 2. If discovering any abnormal phenomenon or violation, the foreign exchange bureau shall investigate and report it in time
to the State Administration of Foreign Exchange.

A real estate administrative department shall be in strict accordance with the system for registration and filing of contracts for
the advance sale of commercial housing. Meanwhile, it shall enhance the coordination and collaboration between departments and shall
establish and perfect mechanisms for sharing the information about the real estate business relating to foreign investment and for
notifying other departments of the information.

XI.

If any designated foreign exchange bank, domestic branch, representative office or foreign individual violates this Circular, the
foreign exchange bureau shall punish it according to the Regulation of the People’s Republic of China on the Administration of Foreign
Exchange and other relevant stipulations.

A real estate administrative department shall implement the relevant laws, regulations and policies carefully, establish and perfect
a mechanism for the supervision and penalties for violations of laws and disciplines occurring in the real estate business and shall
seriously punish and investigate these violations.

XII.

This Circular shall come into force as of the date of promulgation. If there are any discrepancies between this Circular and past
rules and regulations, this Circular shall prevail. Before this Circular comes into force, if any domestic branch, representative
office or foreign individual has signed a contract for commercial housing, the foreign exchange matters related to the transfer of
commercial housing shall be dealt in line with the former regulations.

After receiving this Circular, each branch of the State Administration of Foreign Exchange or foreign exchange administrative department
shall timely transmit it to the central sub-branches or and foreign-funded banks in the area that come under its jurisdiction. After
receiving this Circular, the construction department of each province or autonomous region, or each bureau of houses, land and resources
(construction commission) of each municipality directly under the Central Government shall timely transmit the Circular to the real
estate administrative department. After each designated foreign exchange bank receives this Circular, it shall transmit the Circular
to its branches as soon as possible.

Annexes

1. Statistical Form for the Revenue and Expenditure, and Conversion Business of Foreign Exchange through the Purchasing and Sale of
Commercial Housing within China by Foreign Institutions and Individuals (for Banks)

2. Statistical Form for the Revenue and Expenditure, and Conversion Business of Foreign Exchange through the Purchasing and Sale of
Commercial Housing within China by Foreign Institutions and Individuals

(for Branches of the State Administration of Foreign Exchange)

State Administration of Foreign Exchange,

Ministry of Construction

September 1, 2006



 
State Administration of Foreign Exchange,Ministry of Construction
2006-09-01

 






THE INTERIM MEASURES OF THE MINISTRY OF COMMERCE CONCERNING COMPLAINTS FROM FOREIGN-INVESTED ENTERPRISES

Decree of the Ministry of Commerce of the People’s Republic of China

No.2

The Interim Measures of the Ministry of Commerce concerning Complaints from Foreign-invested Enterprises approved after examination
at the 5th ministerial conference of the Ministry of Commerce on May 17, 2006 is hereby promulgated and shall come into effect as
of October 1, 2006.
Minister of the Ministry of Commerce Bo Xilai

September 1, 2006

The Interim Measures of the Ministry of Commerce concerning Complaints from Foreign-invested Enterprises

Article 1

In order to accept complaints from foreign-invested enterprises promptly and effectively, to safeguard the legitimate rights and
interests of the foreign-invested enterprises as well as the investors, to promote the sound development of foreign-invested enterprises,
and to further ameliorate the foreign investment environment, the Interim Measures of the Ministry of Commerce concerning Complaints
from Foreign-invested Enterprises is hereby formulated in accordance with relevant laws and the actual situation of foreign investment
complaint in China.

Article 2

For the purpose of these Measures, “complaints from foreign-invested enterprises” refers to the act that the foreign-invested enterprises
and the investors thereof within the territory of the People’s Republic of China(hereinafter referred to as “the complainant”), after
deeming that their legitimate rights and interests have been infringed by the administrative authority, file the complaint to the
complaint acceptance authority for coordination or settlement, reflect the actual situation, put forward suggestions, opinions or
requests for the complaint to be coordinated and handled by the complaint acceptance authority under relevant laws.

Article 3

The complainant shall, subject to the principle of good faith, voluntariness and lawfulness, present the complaint according to the
facts, provide the corresponding evidence and offer active assistance to the complaint acceptance authority for the investigation
work thereby.

Article 4

The complaint acceptance authority shall deal with the complaint herein in accordance with the principle of fairness, equity, and
lawfulness, the relevant laws and regulations and the Interim Measures herein.

Article 5

The National Complaint Center for Foreign-invested Enterprises and departments with the acceptance function inside local governments
(hereinafter referred to as “the local complaint acceptance authority”) shall accept the complaints from foreign-invested enterprises
in accordance with the actual situation.

The National Complaint Center for Foreign-invested Enterprises shall be responsible for accepting the complaints directly filed by
foreign-invested enterprises hereto, the trans-provincial complaints filed by foreign-invested enterprises and the complaints with
great influence, and for conducting the training, investigation and study, management and coordination in respect of the complaints
from foreign-invested enterprises nationally.

The local complaint acceptance authority shall be responsible for accepting the complaints from foreign-invested enterprises, the
complaints transferred from or supervised by the National Complaint Center for Foreign-invested Enterprises.

The complaints shall, once accepted, by principle be handled by the local complaint acceptance authority which shall, after having
accepted the complaint, undertake investigation, feedback the information and provide coordination.

Article 6

The Complaint Coordination Office for Foreign-invested Enterprises shall be responsible for coordinating, directing, supervising
the national complaints from foreign-invested enterprises, handling the complaints which involve excessive sectors and industries
and need to be settled at trans-ministerial coordination conferences herein submitted by the National Complaint Center for Foreign-invested
Enterprises, formulating the policy principle to the settlement of disputes, and perfecting the relevant laws and regulations.

Article 7

The complainant shall, while filing the complaint, submit the written complaint documents to the complaint acceptance authority which
shall expressly note such particulars as the basic fact of the complaint, the relevant evidence(s), the contact person and the means
of contact.

The complaint documents shall be written in Chinese.

Article 8

Conditions for accepting a complaint include as follows:

(1)

It has the distinct object of complaint and complaint request;

(2)

It accords with the subject qualification of complaint;

(3)

It has concrete complaint fact, reasons as well as relevant evidence(s);

(4)

It falls under the complaint scope as prescribed in the Measures herein.

Article 9

The following complaints shall not be accepted:

(1)

complaints that have entered or completed the judicial procedure, administrative reconsideration procedure or arbitration procedure;

(2)

complaints that have been accepted by organs in charge of discipline inspection, supervision and letters and calls;

(3)

complaints that have been or are being accepted by the complaint acceptance authority;

(4)

complaints that are filed anonymously; and

(5)

other complaints that fail to meet the aforesaid complaint acceptance conditions.

Article 10

The procedures for handling a complaint are as follows:

(1)

To examine the complaint documents. The complaint acceptance authority shall, within five working days as of its receipt of the complaint,
decide whether it will accept the complaint. Where it is deemed as meeting the complaint acceptance conditions after having been
examined by the complaint acceptance authority, the complaint shall be accepted and the acceptance notice shall be delivered to the
complainant; where otherwise, the complaint acceptance authority shall, within five days, deliver the refusal notice with the indication
of the reasons for refusal to the complainant and return the complaint document; where the complaint document needs further supplement
and perfection, the complaint acceptance authority shall, within 5 days, notify the complainant to do so.

(2)

To register the complaint acceptance. The complaint acceptance authority shall undertake the acceptance procedure, establish dossier
and mark the acceptance date.

(3)

To notify the respondent.

(4)

To deal with the complaint. The complaint acceptance authority shall, within 30 working days, complete the handling of the complaint
accepted; where it cannot do so within 30 working days as a result of the complex disputes or dissension, or by virtue of the interested
parties’ non-cooperation with the work of the complaint acceptance authority or for other reasons , it shall notify the complainant
in a timely manner.

(5)

The complaint acceptance authority shall, after having completed dealing with the complaint, notify the result hereof to the complainant.

(6)

To undertake the procedure of case completion registration.

Article 11

The complaint shall be dealt with subject to the following means:

(1)

To issue the opinion letter. The complaint acceptance authority shall, pursuant to the relevant laws and regulations, raise suggestions
hereon and press the complaint particulars to be settled.

(2)

To coordinate with relevant authorities.

(3)

To transfer a complaint to the local complaint acceptance authority or to other relevant departments.

(4)

Other appropriate means.

Article 12

The complaint handling shall be deemed as being completed under any of the following circumstances:

(1)

The complaint has been completed under Article 11 herein;

(2)

It has been settled through coordination or meditation by the local complaint acceptance authority or the relevant sectors ;

(3)

The interested party has filed an request with an arbitral agency, initiated a lawsuit in a court or applied for administrative reconsideration;

(4)

The complaint particulars prove not incompliant with facts after investigation;

(5)

The complaint has applied for withdrawn of the complaint;

(6)

The complaint does not cooperate and rejects to provide the genuine facts.

Article 13

The complaint acceptance authority shall keep trade secrets for the complaint, unless otherwise prescribed by the relevant laws

Article 14

The personnel of the complaint acceptance authority shall strictly execute their duties and handle the complaint particulars in an
impartial, timely and appropriate manner.

Article 15

The Complaint Coordination Office for Foreign-invested Enterprises shall be established within the Department of Foreign Investment
Administration of Ministry of Commerce and the National Complaint Center for Foreign-invested Enterprises shall be established within
the Investment Promotion Agency of Ministry of Commerce.

Article 16

The Ministry of Commerce shall be responsible for interpreting the Interim Measures herein.

Article 17

The Interim Measures shall enter into force as of October 1, 2006.



 
The Ministry of Commerce
2006-09-01

 






ANNOUNCEMENT NO.71, 2006 OF MINISTRY OF COMMERCE, PROMULGATING ARTICLE NAMES OF RELATED TEXTILES AND APPARELS, AND TAX NUMBER, TIME LIMIT FOR ADMINISTRATION AND RELATED REQUIREMENTS OF SOUTH AFRICA

Announcement No.71, 2006 of Ministry of Commerce, Promulgating Article Names of Related Textiles and Apparels, and Tax Number, Time
Limit for Administration and Related Requirements of South Africa

No.71 [2006]

In accordance with related articles of People’s Republic of China and the Public of South Africa MOU on Strengthening Bilateral Trade
and Economic and Technical Cooperation, South Africal started its unilateral import administration on a part of textiles products
originated from China from Sep 28, 2006 while China would not carry out export administration on the said products. For domestic
enterprises’ understanding of specifics of the import administration of South Africa on a part of textiles and apparels and convenience
of exporting related products, article names of related textiles and apparels, and tax number, time limit for administration and
related requirements of South Africa are now announced as follows:

1.

Article Names and Relevant Tax Number

Covering 31 categories of products, please refer to appendix for specific name and tax number.

2.

Time Limit for Administration

From Sep28, 2006 to Dec31, 2008

3.

Related requirements

When exporting above products to South Africa, enterprises strictly follow Sino-South Africa bilateral agreement and related laws
and regulations of South Africa.

Appendix: Article Names and Relevant Tax Number (omitted)

Ministry of Commerce

Sep 4, 2006



 
Ministry of Commerce
2006-09-04

 






PROVISIONS ON THE MANAGEMENT OF IMPORT AND EXPORT OF PRECURSOR CHEMICALS

Decree of the Ministry of Commerce of People’s Republic of China

No. 7

Provisions on the Management of Import and Export of Precursor Chemicals has been discussion passed by the 5th ministry matter conference
of the Ministry of Commerce May, 17. 2006, and is promulgated now, and goes to effect 30 days from its promulgation.
Minister of the Ministry of Commerce, Bo Xilai

Sept. 21, 2006

PROVISIONS ON THE MANAGEMENT OF IMPORT AND EXPORT OF PRECURSOR CHEMICALS
Chapter I General provisions

Article 1

Pursuant to stipulations in the Foreign Trade Law of the People’s Republic of China, the Regulation on the Administration of Precursor
Chemicals, and other relevant laws and administrative regulations, these provisions are hereby formulated to strengthen management
of import and export of precursor chemicals and prevent them getting in the illegal drug making channel.

Article 2

Precursor chemicals in these provisions refer to main raw materials and chemicals that can be used for drug making listed in the
Regulation on the Administration of Precursor Chemicals appendix. Catalogue is seen in Appendix.

Article 3

The State shall implement a license control management system over the import and export of precursor chemicals. To import or export
precursor chemicals in any form shall apply for the license.

Article 4

The Ministry of Commerce shall take charge of management of import and export of precursor chemicals in the whole of China. Other
departments of the State Council shall take charge of relevant management within their own responsibility.

The foreign trade and economic cooperation bureaus at the provincial, autonomous regional and municipal level and in cities separately
listed in State budgets (hereinafter referred to as provincial bureaus) shall take charge of management of import and export of precursor
chemicals in their respective regions, and shall, commissioned by the Ministry of Commerce, take charge of the elementary examination
and approval of license of import and export of precursor chemicals in their respective regions.

Local bureaus upwards county level shall take charge of the supervision and inspection over import and export of precursor chemicals
in their respective regions.

Article 5

Import and export of precursor chemicals through foreign communication, exchange, cooperation, transference, assistance, service,
etc shall apply for the import (export) license according to these provisions.

Article 6

Dealers engaged in the import and export of precursor chemicals (hereinafter referred to as dealers) import and export precursor
chemicals in processing trade or their finished products and byproducts by processing are precursor chemicals that need to sell in
domestic market, corresponding license of import (export) shall be got firstly according to these provisions, based on which to handle
with relevant procedures.

Article 7

Provided that there are precursor chemicals in the mixtures, dealers shall convert the amount of precursor chemicals and files applications
to import (export) license, except for the compounding medicine preparations with precursor chemicals.

Article 8

Import and export of precursor chemicals samples shall file application to import (export) license according to these provisions.

Article 9

Trans-boundary, transit transportation, passing-by transportation of precursor chemicals shall file application to import (export)
license according to these provisions.

Article 10

Precursor chemicals imported and exported between overseas and custom special supervised areas and tariff free sites as tariff free
zone, export processing zone, etc shall file application to import (export) license according to these provisions.

Precursor chemicals imported and exported between home and custom special supervised areas and tariff free sites as tariff free zone,
export processing zone, etc, or between the above custom special supervised areas and tariff free sites, need not file application
to import (export) license.

Article 11

Dealers shall declare to custom according to the facts and submit import (export) when import and export precursor chemicals. Custom
goes through customs formalities, examination and clearance based on the license. The dealers importing of precursor chemicals of
pharmaceutical in the 1st catalogue shall also submit import of pharmaceutical going through customs formalities produced by the
food and pharmaceutical supervision and management department.

Article 12

Any person entries and exits who takes precursor chemicals medicine preparations and potassium permanganate listed in the 1st catalogue
of the Ordinance on Precursor Chemical Management shall take them for self-use and within a reasonable amount limit, and be supervised
by the custom.

Any person entries and exits cannot take precursor chemicals not in the preceding provision.

Article 13

The State shall implement international check and examination to import and export of part of precursor chemicals. The management
measure is to be constituted else.

Article 14

Ephedrine and others within the shall only be imported and exported by enterprises checked and ratified by the Ministry of Commerce,
together with the relevant departments under the State Council. The management measure is to be constituted else.

Chapter II Application and examination of import and export license

Article 15

Dealers who apply for importing and exporting of precursor chemicals shall fill out the “Application Form for Importing (Exporting)
Precursor Chemicals” according to the facts, accurately, and fully via e-government platform of dual-use matter and technology import
and export management of the Ministry of Commerce, and submit e-data.

Article 16

Provincial bureaus shall examine the import and export application e-data within 3 days from the day on which they receive the data.
Where the dealers conform to the requirements, the bureaus shall inform them online to submit written materials. Where the dealers
do not conform to the requirements, the bureaus shall account for the reasons online and return the data to the dealers who have
to re-apply.

Article 17

After receiving the notice to submit written materials, the dealers shall submit the written materials to provincial bureaus as follows:

(1)

the original copy of “Application Form for Importing (Exporting) Precursor Chemicals” signed by the dealer and covered with the seal
of the enterprise.

(2)

the duplicate of the Registration Form for Foreign Trade Dealers;

(3)

the duplicate of the copy of Business License;

(4)

License of Precursor Chemicals production, operation, and purchase or registration evidence;

(5)

the duplicate of Import or Export Contract (Agreement);

(6)

the duplicate of ID evidence for the one whom acts

Dealers shall also submit the import permit (duplicate) or lawful guaranty letter for use (original) issued by competent governmental
department of the import country when applying for license of exporting precursor chemicals.

Where the written materials are incomplete or inconsistent with the statutory form, provincial bureaus shall inform the dealer all
that need to be redressed within 5 days from the day on which the materials are received. If the bureaus fail to give a reply after
the expiry, the application may be deemed to be accepted on the day the materials are received.

Article 18

For the import and export application for precursor chemicals in the 3rd import and export catalogue that need no international check,
provincial bureaus shall examine the written materials and e-data the dealer submitted within 5 days from the day on which the complete
and eligible written materials are received, and decide whether to issue the license or not.

Where the license is approved, provincial bureaus shall, within the above expiry, issue the “List of Official Reply on Import (Export)
Dual-Use Items and Technologies”, and submit the e-data to the Ministry of Commerce for recording. Where the license is disapproved,
provincial bureaus shall inform the dealer in writing and account for the disapproval.

Article 19

For the import and export application for precursor chemicals in the 1st, 2nd catalogues and in the 3rd that need international check,
provincial bureaus shall handle the elementary examination within 3 days from which the complete and eligible written materials are
received.

For the application for precursor chemicals in the 1st, 2nd catalogues that have gone through the elementary examination, provincial
bureaus shall turn over the e-data to the Ministry of Commerce. For the precursor chemicals that need international check that have
gone through the elementary examination, provincial bureaus shall turn over the written materials and e-data to the Ministry of Commerce.

Article 20

For the import and export application for precursor chemicals in the 1st, 2nd catalogues that need no international check, the Ministry
of Commerce shall examine within 8 days from the day on which the e-date provincial bureaus turned over are received, decide whether
the license is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” within 2 days from the day on which the
decision on license approval. Where the license is disapproved, provincial bureaus shall inform the dealer in writing and account
for the disapproval.

Article 21

For the import application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 8
days from the day on which the e-date and written materials provincial bureaus turned over are received, decide whether the license
is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” within 2 days from the day on which the
decision on license approval. Where the license is disapproved, provincial bureaus shall inform the dealer in writing and account
for the disapproval.

To meet the international check requirement by the competent governmental department of precursor chemicals export country or region,
the Ministry of Commerce shall, with the Ministry of Public Security, check the relevant matters of precursor chemicals the dealer
imports.

Article 22

For the export application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 5
days from the day on which the written materials and e-date provincial bureaus turned over are received. Where the application is
consistent with the statutory form, the Ministry of Commerce will handle the check.

The Ministry of Commerce shall make the decision on whether to approve or not and inform the provincial bureaus. Where the application
is approved, provincial bureaus shall issue the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” within
2 days from the day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall inform
the dealer in writing and account for the disapproval.

The time for international check is not counted within the above expiry.

Article 23

For the import application for pharmaceutical precursor chemicals in the 1stcatalogue, the Ministry of Commerce shall ask for the
approval from the food and pharmaceutical supervision and management department under the State Council.

For the export application for pharmaceutical precursor chemicals in the 1stcatalogue, if the purchasing license is required after
getting the export license, the dealer shall apply for the purchasing license to the provincial food and pharmaceutical supervision
and management bureaus.

Article 24

During the examination of precursor chemicals import and export license, the Ministry of Commerce may field check the substantial
contents of the application materials.

Article 25

Dealers may inquire the relevant process and result of the application via the e-government platform of dual-use matter and technology
import and export management of the Ministry of Commerce.

Article 26

Dealers shall apply for receiving the Import and Export License of Dual-Use Items and Technologies with the List of Official Reply
on Import and Export of Precursor Chemicals in accordance with the Management Measure on Import and Export License of Dual-Use Items
and Technologies and relevant regulations.

Chapter III Foreign-funded enterprise import and export license application and examination

Article 27

Foreign-funded enterprises who apply for importing and exporting of precursor chemicals shall fill out the “Foreign-Funded Enterprises
Application Form for Importing (Exporting) Precursor Chemicals” according to the facts, accurately, and fully via foreign-funded
enterprise import and export management network, and submit e-data. If the application form is filled out not via the network, provincial
bureaus shall input the information into the above network according to the standard.

Article 28

Provincial bureaus shall examine the import and export application e-data within 3 days from the day on which they receive the data.
Where the foreign-funded enterprises conform to the requirements, the bureaus shall inform them online to submit written materials.
Where the enterprises do not conform to the requirements, the bureaus shall account for the reasons online and return the data to
the dealers who have to re-apply.

Article 29

After receiving the notice to submit written materials, the foreign-funded enterprises shall submit the written materials to provincial
bureaus as follows:

(1)

the original copy of “Foreign-Funded Enterprise Application Form for Importing (Exporting) Precursor Chemicals” signed by the dealer
and covered with the seal of the enterprise.

(2)

the Authorized Certificate (duplicate) marked with United Annual Inspection Passed;

(3)

the duplicate of the copy of Business License;

(4)

the provincial bureau’s approval document of such enterprise’s establishment, and the contract of joint venture or Charter, and capital
examination report;

(5)

License of Precursor Chemicals production, operation, and purchase or registration evidence;

(6)

the duplicate of Import or Export Contract (Agreement);

(7)

the duplicate of ID evidence for the one whom acts

Foreign-funded enterprises shall also submit the import permit (duplicate) or lawful guaranty letter for use (original) issued by
competent governmental department of the import country when applying for license of exporting precursor chemicals.

Foreign-funded enterprises shall also submit the report on applying for importing precursor chemicals, including the enterprise’s
account for its supervision methods, and guaranty letter for not using precursor chemicals to make illegal drugs.

Where the provincial bureaus hold doubts to materials required in this article, they may require foreign-funded enterprises to submit
original copies of the above materials to inspect.

Where the written materials are incomplete or inconsistent with the statutory form, provincial bureaus shall inform the enterprise
all that need to be redressed within 5 days from the day on which the materials are received. If the bureaus fail to give a reply
after the expiry, the application may be deemed to be accepted on the day the materials are received.

Article 30

For the import and export application for precursor chemicals in the 3rd import and export catalogue that need no international check,
provincial bureaus shall examine the written materials and e-data the foreign-funded enterprises submitted within 5 days from the
day on which the complete and eligible written materials are received, and decide whether to issue the license or not.

Where the license is approved, provincial bureaus shall, within the above expiry, issue the “List of Official Reply on Import (Export)
Dual-Use Items and Technologies”, and submit the e-data to the Ministry of Commerce for recording. Where the license is disapproved,
provincial bureaus shall inform the foreign-funded enterpriser in writing and account for the disapproval.

Article 31

For the import and export application for precursor chemicals in the 1st, 2nd catalogues and in the 3rd that need international check,
provincial bureaus shall handle the elementary examination within 3 days from which the complete and eligible written materials are
received.

For the application for precursor chemicals in the 1st, 2nd catalogues that have gone through the elementary examination, provincial
bureaus shall turn over the e-data to the Ministry of Commerce. For the precursor chemicals that need international check that have
gone through the elementary examination, provincial bureaus shall turn over the written materials and e-data to the Ministry of Commerce.

Article 32

For the import application for precursor chemicals in the 1st, 2nd catalogues that need no international check, the Ministry of Commerce
shall examine within 8 days from the day on which the e-date provincial bureaus turned over are received, decide whether the license
is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals” within 2 days from the
day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall inform the foreign-funded
enterprise in writing and account for the disapproval.

Article 33

For the export application for precursor chemicals in the 1st, 2nd catalogues that need no international check, the Ministry of Commerce
shall examine within 10 days from the day on which the e-date and written materials provincial bureaus turned over are received,
decide whether the license is approved or not, and inform the provincial bureaus. Where the import and export application is approved
by the Ministry of Commerce according to the preceding paragraph, provincial bureaus shall issue the “List of Official Reply on Foreign-Funded
Enterprise Import (Export) Precursor Chemicals” within the above expiry. Where the license is disapproved, provincial bureaus shall
inform the foreign-funded enterprise in writing and account for the disapproval.

Article 34

For the import application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 8
days from the day on which the e-date and written materials provincial bureaus turned over are received, decide whether the license
is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals” within 2 days from the
day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall inform the foreign-funded
enterprise in writing and account for the disapproval.

To meet the international check requirement by the competent governmental department of precursor chemicals export country or region,
the Ministry of Commerce shall, with the Ministry of Public Security, check the relevant matters of precursor chemicals the foreign-funded
enterprise imports.

Article 35

For the export application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 5
days from the day on which the written materials and e-date provincial bureaus turned over are received. Where the application is
consistent with the statutory form, the Ministry of Commerce will handle the check.

The Ministry of Commerce shall make the decision on whether to approve or not and inform the provincial bureaus. Where the application
is approved, provincial bureaus shall issue the “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals”
within 5 days from the day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall
inform the dealer in writing and account for the disapproval.

The time for international check is not counted within the above expiry.

Article 36

For the import application for pharmaceutical precursor chemicals in the 1stcatalogue, the Ministry of Commerce shall ask for the
approval from the food and pharmaceutical supervision and management department under the State Council.

For the export application for pharmaceutical precursor chemicals in the 1stcatalogue, if the purchasing license is required after
getting the export license, the foreign-funded enterprise shall apply for the purchasing license to the provincial food and pharmaceutical
supervision and management bureaus.

Article 37

During the examination of foreign-funded enterprise precursor chemicals import and export license, the Ministry of Commerce may field
check the substantial contents of the application materials.

Article 38

The “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals” shall be covered with the seal of provincial
bureau.

Article 39

Foreign-Funded Enterprises may inquire the relevant process and result of the application via the Foreign-Funded Enterprise Import
and Export Management Network.

Article 40

Dealers shall apply for receiving the Import and Export License of Dual-Use Items and Technologies with the List of Official Reply
on Foreign-Funded Enterprise Import (Export) Precursor Chemicals in accordance with the Management Measure on Import and Export License
of Dual-Use Items and Technologies and relevant regulations.

Chapter IV Supervision and inspection

Article 41

Commercial authorities above the county level shall strictly performance the supervision and inspection responsibility for local
precursor chemicals import and export in accordance with these provisions and other relevant laws and regulations, check and punish
the illegal actions according to law.

Article 42

When supervising and inspecting the dealers, commercial authorities above the county level may inspect the field, check and copy
relevant materials, record relevant information, detain correlative evidence and articles, and when necessary, may close down the
relevant site temporarily.

Relevant unit and individual shall timely provide the relevant information, materials and articles according to the facts, and cannot
reject or hide the facts.

Article 43

The unit where precursor chemicals in import and export are lost, stolen, or robbed shall immediately report to local public security
organ and commercial authorities. The commercial authority received the report shall report to the upper authorities level-by-level,
and cooperate with the public security organ to spy.

Article 44

Dealers shall build a sound internal management system of precursor chemicals import and export, and a sound file management of precursor
chemicals import and export with which the files shall keep for inspection for at least 2 years. A person or persons shall specially
assigned for the work related to precursor chemicals import and export.

Article 45

when dealers know or shall know, or are informed by the provincial bureaus that the precursor chemicals planned to import or export
may flow into illegal channel, they shall terminate the contract performance in time, and report to relevant commercial authority.

Provided that dealers violates these provisions or the precursor chemicals planned to import or export have risk of being used to
make illegal drugs, the Ministry of Commerce or provincial bureaus may annul the Import (Export) License issued. Dealers shall take
measures to stop the relevant transaction.

Article 46

Dealers shall, before Mar. 31 each year, report to provincial bureaus and local public security organ their precursor chemicals import
or export in the previous year.

The dealers importing and exporting PRECURSOR CHEMICALS of pharmaceutical shall also report their import and export of pharmaceutical
precursor chemicals to the local food and pharmaceutical supervision and management department. Provincial bureaus shall collect
the precursor chemicals import or export within their local administrative area and report to the Ministry of Commerce.

The conditional dealers may build computer network with provincial bureaus so that to report the relevant import and export in time.

Chapter V Legal liability

Article 47

If the dealer imports and exports precursor chemicals without license or extending the license, or violating the Article 12 of these
provisions, the customs shall handle and punish according to the relevant laws and regulations. If the violation constitutes a crime,
they shall be subject to criminal responsibilities.

Article 48

If the dealer violates these provisions and with one of the following actions, the Ministry of Commerce may warn, order to correct
in limited time, and sentence a fine of 10,000 to 50,000:

(1)

Dealer not to build a sound internal management system according to these provisions;

(2)

to lend its import and export license to others;

(3)

not to report in time when precursor chemicals are lost, stolen, and robbed during the import and export and results to serious consequences.

Article 49

If the dealer violates Article 45 , 46 of these provisions, the Ministry of Commerce may warn, charge to correct in limited time,
and sentence a fine of less than 30,000.

Article 50

Dealers or individual who reject the supervision and inspection by provincial bureaus, the Ministry of Commerce may order to correct,
and give warning to the liable person in charge and other directly liable persons. In serious situation, the unit shall be sentenced
a fine of 10,000 to 50,000, and the liable person in charge and other directly liable persons shall be sentenced a fine of 1,000
to 5,000.

Article 51

From the day on which the relevant administrative punishment decision or the criminal punishment verdict goes into effect, the Ministry
of Commerce may not accept the law violator’s application for license of within 3 years, or may prohibit the law violator to engage
in relevant business of import and export precursor chemicals within a time limit of 1 to 3 years.

Article 52

Where the staffer in provincial bureaus abuses his powers, neglects his duties, and practices favoritism and fraudulence in import
and export precursor chemicals management, administrative sanction shall be imposed, and if a crime is constituted, he shall be subject
to criminal liabilities in accordance with the law.

Chapter VI Supplementary Provisions

Article 53

the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” and the “List of Official Reply on Foreign-Funded
Enterprise Import (Export) Precursor Chemicals” are printed with a pattern regulated and supervised by the Ministry of Commerce.

Article 54

Where Interim Provisions on the Administration of the Export of Precursor Chemicals to Particular Countries (Regions) is inconsistent
with these provisions, the Interim provisions are to abide.

Article 55

These provisions shall come into force 30 days after the promulgation. The former Provisions on the Management of Import and Export
of Precursor Chemicals (former MOFTEC, 1999, No. 4 Order), Notice of Ministry of Foreign Trade Economic Cooperation on “Foreign-Funded
Enterprise Precursor Chemicals Import and Export Approval Principles and Procedure” (1997, MOFTEC, 3rd Letter Zi, No. 197 ) are repealed
at the same time.



 
The Ministry of Commerce
2006-09-21

 






CIRCULAR OF THE MINISTRY OF FINANCE OF THE PEOPLE’S REPUBLIC OF CHINA, ON PRINTING AND ISSUING THE PROVISIONAL MEASURES FOR ADMINISTRATION OF TECHNICAL ASSISTANCE PROJECTS IMPLEMENTED IN ECONOMIC REFORM AND RESTRUCTURING OF CHINA

Circular of the Ministry of Finance of the People’s Republic of China, on Printing and Issuing the Provisional Measures for Administration
of Technical Assistance Projects Implemented in Economic Reform and Restructuring of China

Related ministries and commissions, financial offices (bureaus) in all provinces, autonomously regions, and cities designated in the
state plan (Tibet is not included):

Approved by the State Council, Ministry of Finance signed Loan Agreement and Capital Donation Agreement of technologic aid project
of China economic reform with the World Bank on Jun 21, 2006. The sum total of loan and donated capital amounted to equivalent of
3 million US dollar. For purposes of taking tangible measures to carry out the project and smoothly complete the project goals, Ministry
of Finance stipulated Provisional Measures on Implementing Technologic Aid Project of China Economic Reform, which is now printed
and issued to you all for implementation. If encounter any problem in implementation, please contact Ministry of Finance (Department
of International Affairs Division Technologic Aid) in time.

Tel: 010-68553167￿￿010-68553168

Appendix: Provisional Measures on Implementing Technologic Aid Project of China Economic Reform

The Ministry of Finance

Sep 22, 2006



 
The Ministry of Finance of the People’s Republic of China
2006-09-22

 






CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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