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NOTICE OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON PRINTING AND DISTRIBUTING THE MEASURES FOR THE ADMINISTRATION ON VERIFICATION AND CANCELLATION OF THE PAYMENT BALANCES OF FOREIGN EXCHANGE FOR IMPORTS

State Administration of Foreign Exchange

Notice of the State Administration of Foreign Exchange on Printing and Distributing the Measures for the Administration on Verification
and Cancellation of the Payment Balances of Foreign Exchange for Imports

No. 116 [2004] of the State Administration of Foreign Exchange

December 3, 2004

The branches or the foreign exchange administrative departments of the State Administration of Foreign Exchange (hereafter referred
to as the SAFE) of all provinces, autonomous regions and municipalities directly under the Central Government, and the SAFE￿￿s branches
of Shenzhen, Dalian, Qingdao, Xiamen and Ningbo:

For the purpose of further improving the administration on verification and cancellation of the payments of foreign exchange for imports,
regulating the operation of verification and cancellation of the payment balances of foreign exchange for imports and enhancing the
efficiency of the administration on verification and cancellation of the payments of foreign exchange for imports, the SAFE has formulated
the Measures for the Administration on Verification and Cancellation of the Payment Balances in Foreign Exchange for Imports (hereinafter
referred to as the ￿￿Measures￿￿, for which please see the annex), which are hereby printed and issued to you with the relevant matters
clarified as follows:

1.

The balance verification and cancellation management of the examination on the verification and cancellation of the payment balances
of foreign exchange for imports, as effective measures for supplementing the existing provisions of the administration on verification
and cancellation of imports, aims at solving the problem that the formalities for handling the verification and cancellation of payments
of foreign exchange for imports can not be gone through because of the difference between the amount of an importer￿￿s payment of
foreign exchange for imports and the delivered price due to any objective factor, which may further promote trade facilitation and
lighten the burden of work of both importers and foreign exchange bureaus. All the SAFE￿￿s branches and sub-branches (hereinafter
referred to as the ￿￿foreign exchange bureaus￿￿) shall make publicity and explanation to importers and insure smooth implementation
of the Measures.

2.

When going through the investigation procedures of verification of the payment balances in foreign exchange for imports for importers,
the foreign exchange bureaus shall carefully verify the materials relating to the verification of balances and keep record thereof.

3.

Every foreign exchange bureau shall, in the light of its respective regional conditions, establish an internal control system of level-by-level
authorization of balance verification.

4.

The Measures shall go into effect as of February 1, 2005, before which, the SAFE shall modify and upgrade the computer system for
the verification and cancellation of the payment balances of foreign exchange for imports and make the upgraded computer system have
the functions to search, count and supervise the data of the verification and cancellation of balances. The date for upgrading the
computer system will be notified separately by the SAFE.

After receiving this Notice, every foreign exchange bureau shall promptly transmit it to the central sub-branches in their jurisdictions.
Any problem arisen during the process of implementing this Notice shall be reported timely to the SAFE. Annex:Measures for the Administration on Verification and Cancellation of the Payment Balances in Foreign Exchange for Imports

Article 1

For the purpose of further improving the administration on verification and cancellation of the payments of foreign exchange for imports,
regulating the operation of verification and cancellation of the payment balances of foreign exchange for imports and enhancing the
efficiency of the administration on verification and cancellation of the payments of foreign exchange for imports, these Measures
are formulated according to the Interim Measures for the Supervision and Administration on the Verification and Cancellation of Payments
of Foreign Exchange for Trade Imports and other relevant provisions.

Article 2

The term ￿￿balance subject to verification and cancellation￿￿ as mentioned in these Measures refers to the balance between the amount
of payment of foreign exchange reported for verification by an importer and the actually delivered amount (namely the product of
the unit price of the goods indicated in the declaration entry form and the quantity of the goods).

The verification and cancellation of balances may be either a balance due to more delivered goods or a balance due to less delivered
goods. When the amount of the actually delivered goods is more than that of the payment of foreign exchange reported for verification,
there is a balance due to more delivered goods; when the price of the actually delivered goods is less than the amount of the payment
of foreign exchange reported for verification, there is a balance due to less delivered goods.

Article 3

These Measures shall apply to the verification and cancellation of payments of foreign exchange for imports reported for verification
under the following circumstances:

(1)

one payment of foreign exchange, one delivery and one submission for verification under a single contract;

(2)

one payment of foreign exchange, multiple deliveries and one submission for verification under a single contract;

(3)

multiple payments of foreign exchange, one delivery and one submission for verification under a single contract; and

(4)

multiple payments of foreign exchange, multiple deliveries and one submission for verification under a single contract.

The verification and cancellation of importers￿￿ balances to be examined shall be conducted based on different contracts. In the case
of multiple submissions for examination under a single contract, the importer shall apply for the verification and cancellation of
a balance at the last submission for examination when the contract is completely fulfilled.

Article 4

In case a balance to be verified and cancelled, under a single contract, does not exceed the equivalent of 5,000 US dollars (inclusive)
or does not exceed 2% (inclusive) of the contract price though exceeding the equivalent of 5,000 US dollars, the SAFE￿￿s branches
or sub-branches (hereinafter referred to as the ￿￿foreign exchange bureaus￿￿) may handle the verification and cancellation of the
balance directly on the strength of the importer￿￿s statement on the balance, import contract and other verification-related documents.

Article 5

In case a balance to be verified and cancelled, under a single contract, is more than the equivalent of 5,000 US dollars and 2% of
the contract price, the importer shall apply for the verification and cancellation of the balance by providing other relevant materials
according to Articles 7 and 8 hereof.

Article 6

The cumulative balance that an importer submits (reports) for verification and cancellation for a month (including balances either
above or below the above-mentioned amount, with balances due to more delivered goods being counted as negative numbers) shall not
exceed the equivalent of 100,000 US dollars (inclusive) in principle. Every foreign exchange bureau may make an appropriate adjustment
of the quota pursuant to the local conditions.

Article 7

To apply for the verification and cancellation of an balance payment of foreign exchange for imports under a single contract, which
is more than the equivalent of 5,000 US dollars and exceeds 2% of the contract price due to less delivered goods, the importer shall,
in addition to the relevant verification and cancellation documents, provide the import contract and a statement on the balance with
both the signature of the legal representative and the corporate seal of the importer on it, and provide the relevant certificate
documents respectively according to the following different circumstances:

(1)

a certificate issued by the relevant chamber of commerce or a quotations list as certified by the relevant exchange or by any member
of such an exchange, in the case of a balance caused by the price movement in foreign markets;

(2)

the relevant letters and telegrams with the exporters and a certifying document issued by the relevant commodity inspection agency,
in the case of a balance caused by the problem of quality of the imported goods. If no commodity inspection document can be provided
due to any objective factor, a corresponding document certifying the quality of the goods and a guarantee letter shall be provided
instead;

(3)

the relevant letters and telegrams with the exporters and a certifying document issued by the relevant commodity inspection agency,
in the case of a balance caused by any deterioration, rottenness, abnormal death or spoilage of the animal or fresh goods. If no
commodity inspection document can be provided due to any objective factor, a corresponding document certifying the quality of the
goods and a guarantee letter shall be provided instead;

(4)

a certifying document issued by the commercial office of the embassy or consulate of China to the country of the exporter, in the
case of a balance caused by force majeure such as a natural disaster, war, national emergency policy and etc.;

(5)

the relevant news reporting materials or a certifying document issued by the commercial office of the embassy or consulate of China
to the country of the exporter or the relevant legal document, in the case of a balance caused by the bankruptcy, closure or dissolution
of the exporter;

(6)

the current exchange rate quotation of the paying bank, in the case of a balance caused by the exchange rate movement;

(7)

a commodity inspection certificate, the bill of lading or shipping document, in the case of a balance caused by over or short shipment;

(8)

the import contract, taxation certificate, the receipt of freight insurance premium and the relevant commercial documents (excluding
the case where the amounts of the freight insurance premium and incidental expenses are indicated in the declaration form of imported
goods), in the case of a balance caused by any incidental expenses such as freight insurance premium and sundry fees where such incidental
expenses are included in the total price of the contract;

(9)

the import contract, a certificate issued by the customs with regard to the declaration form of imported goods, an overdue tax payment
certificate and the relevant commercial documents, in the case a balance taking place under the import of any mental ore in sand
form or any other bulk cargo; or

(10)

the valid certificates as may be required by the foreign exchange bureaus in the case of a balance caused by any other factor.

Article 8

When applying for the verification and cancellation of a balance due to more delivered goods, the importer shall state the balance
under the declaration form of the imported goods in the Verification and Cancellation Form on the Arrival of Goods and the Payments
of Foreign Exchange, and indicate ￿￿reserved￿￿ or ￿￿cancelled￿￿ in the ￿￿notes￿￿ column.

To apply for the verification and cancellation of a payment balance of foreign exchange for imports under a single contract, which
is more than the equivalent of 5,000 US dollars and exceeds 2% of the contract price due to more delivered goods, the importer shall
provide to the foreign exchange bureau a statement letter on the balance with its corporate seal on it.

Article 9

When handling the verification and cancellation of an importer￿￿s balance due to more delivered goods, the foreign exchange bureau
shall, in the Foreign Exchange Payment System for Imports of China Electronic Port, shall verify and cancel the original e-account
of the importer￿￿s declaration form of imported goods indicated as ￿￿cancelled￿￿.

Article 10

These Measures shall not, for the time being, apply to the automatic verification and cancellation of foreign exchange payment for
imports under a transaction in the form of remittance on delivery or to the examination on verification and cancellation of any foreign
exchange payment for imports conducted against an exchange receipt voucher under any transit trade, use of materials for an external
engineering project or any re-exchange bill by import.

Article 11

When handling the verification and cancellation of a foreign exchange payment balance for imports, the foreign exchange bureaus shall
verify the relevant receipts and certificates strictly, indicate the amount of the balance and the date and affix the stamp of ￿￿verified￿￿
on the Verification and Cancellation Form on the Arrival of Goods and the Payments of Foreign Exchange and keep the relevant receipts
and certificates.

Article 12

Every foreign exchange bureau shall, pursuant to the local conditions, establish and improve an internal control system of level-by-level
authorization of foreign exchange payment for imports.

Article 13

Each of the SAFE￿￿s branches shall conduct information collection and statistics of the verification of balances taking place in its
region, and within the first five working days of each month, submit to the SAFE an e-report on the verification and cancellation
of foreign exchange payment balance for imports.

Article 14

The power to interpret these Measures shall remain with the SAFE.

Article 15

These Measures shall go into effect as of February 1, 2005. Where there is any provision conflicting with these Measures, these Measures
shall prevail.



 
State Administration of Foreign Exchange
2004-12-03

 







PROVISIONS ON THE SUBSTANTIAL TRANSFORMATION OF CRITERIA IN NON-PREFERENTIAL RULES OF ORIGIN

Decree of the General Administration of Customs of People’s Republic of China

No. 122

Provisions on the Substantial Transformation of Criteria in Non-Preferential Rules of Origin, adopted at the meeting of the General
Administration of Customs on November 30, 2004, are hereby promulgated and shall be effective as of January 1, 2005.
Director of the General Administration of Customs, Mu Xinsheng

December 6, 2004

Provisions on the Substantial Transformation of Criteria in Non-Preferential Rules of Origin

Article 1

In order to determine the origin for imports and exports correctly, these Provisions are formulated according to the Regulations
of People’s Republic of China on the Place of Origin for Imports and Exports.

Article 2

These Provisions shall, under non-preferential trade measures, apply to the determination of origin of goods where more than two
countries or regions participate in the production.

Article 3

The criteria for determining the substantial transformation of imports and exports shall base on the change in tariff classification,
and where the change in tariff classification fails to reflect substantial transformation, ad valorem percentage and manufacturing
or processing operation shall be based as the supplement criteria.

Article 4

“Change in tariff classification” refers to, after the raw materials not originated from a county (region) is manufactured or processed
in the country (region), the change of four-digit tariff classification of the goods derived takes place in Imports and Exports Tariff
of People’s Republic of China.

Article 5

“Manufacturing or processing operations” refers to the principal operations carried out in a country (region) which confer essential
characteristics to the goods derived after the manufacturing or processing operations.

Article 6

“ad valorem percentage” refers to, after the raw materials not originated from a county (region) is manufactured or processed in
the country (region), the value added exceeds 30% of the value of the goods derived, and the formula is as follows:

￿￿ex work price-the value of non-originating raw materials

———————————————————————￿￿00%￿￿0%

￿￿￿￿￿￿￿￿￿￿￿￿ex work price

“Ex work price” refers to the price of finished products paid to the manufacturer.

“Value of non-originating raw materials” refers to the value of import raw materials and spare parts for manufacturing or assembling
the finished products directly, including raw materials or spare parts whose place of origin is unknown, which is calculated by its
import cost, insurance and freight (CIF).

Calculation of the said “ad valorem percentage” shall be conform to generally accepted accounting principles and the Regulations of
Import and Export Tariff of the People’s Republic of China

Article 7

The goods whose substantial transformation is determined by the criteria of manufacturing or processing operations and Ad Valorem
Percentage are specified in the Detailed List of Goods Applicable to the Criteria of Manufacturing or Processing Operations and ad
valorem percentage (see annex), and whether or not substantial transformation takes place shall be determined according to the specified
criteria. The substantial transformation of goods not specified in the Detailed List of Goods Applicable to the Criteria of Manufacturing
or Processing Operations and Ad Valorem Percentage shall apply the criteria of change in tariff classification.

Article 8

The Detailed List of Goods Applicable to the Criteria of Manufacturing or Processing Operations and Ad Valorem Percentage shall be
amended by the General Administration of Customs in conjunction with the Ministry of Commerce and the State Administration for Quality
Supervision, Inspection and Quarantine, and be publicized

Article 9

These Provisions shall be effective as of January 1, 2005.

Annex:
Detailed List of Goods Applicable to Manufacturing or Processing Operations and Ad Valorem Percentage Criteria

Explanation: The list is arranged in the light of the classification, chapter and tariff nomenclature heading numbers under the Imports
and Exports Tariff of People’s Republic of China (hereinafter referred to as the Tariff)

In tariff nomenclature heading numbers, four￿Cdigit tariff item number shall be specified. In addition, in case the goods contain
all the four-digit tariff item numbers in a chapter of the Tariff, only the post_title of the chapter thereof shall be listed; in the
case of four-digit tariff item number specific for a certain goods, a mark of asterisk shall be added before the tariff item number.

The criteria of substantial transformation refer to the criteria that are corresponding to manufacturing or processing operations
and ad valorum percentage and applicable to the goods.

“Cutting”refers to cutting that is carried out to all the cut parts (or work materials).




Tariff Nomenclature Heading Numbers

￿￿




Tariff
Nomenclature Heading Numbers

Commodity Description

Substantial
Transformation Test

Category
1.Living Animals; Animal Products

Chapter
3

￿￿

￿￿

￿￿03.03

frozen fish eggs

laying eggs, separating and freezing

03.04

fresh, cold and frozen fish fillets and other
fish(no matter ground or not)

removing entrails and boning

￿￿03.06

Shelled shrimp, crab meat

shelling and freezing

￿￿03.07

Frozen or dried cuttlefish, squid and octopus

removing entrails, freezing or drying

Chapter
5

￿￿

￿￿

￿￿05.04

animal casing

Cleaning, separating, salinizing or drying

Category 2. Plant Products

 

 

Chapter
8

￿￿

￿￿

￿￿08.01

cashew kernel

shelling and peeling

Category 4.Food, Beverage, Wine and Vinegar;
Tobacco and Products of Tobacco and Tobacco Substitute 

Chapter
17

￿￿

￿￿

￿￿17.01

granulated sugar and soft white sugar

made of raw sugar

Chapter
18

￿￿

￿￿

18.04

cocoa butter, cocoa oil

made of cacao, or meeting criteria of ad
valorem percentage

18.05

unsugared cocoa or cocoa without other sweet
substances

made of cacao, or meeting criteria of ad
valorem percentage

18.06

chocolate and other cocoa food

made of cacao, or meeting criteria of ad
valorem percentage

Chapter
24

￿￿

￿￿

￿￿24.02

cigar and cigarette

made of tobacco

￿￿24.03

other tobacco products

made of tobacco

Category 6.Chemical Industry and Relative
Industrial Products

Chapter
28

abiochemical, precious metal, rare earth
metal, radioactive element and isotope organic and inorganic compound

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

Chapter
29

Organic chemicals

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

Chapter
30

￿￿

￿￿

30.03

illness-cure or illness-prevention drugs
mixing two or more ingredients(excluding goods in tariff code
30.02,30.05
or 30.06 ) , whose dosage isn￿￿t prepared or retail package
isn￿￿t made.

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

30.04

illness-cure or illness-prevention drugs made
of  mixing composition of products or unmixing products(excluding

products in tariff code 30.02, 30.05 or 30.06), whose dosage is prepared
or retail package is made (including in
the form of skin absorption)

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

Chapter31

Fertilizer

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

Chapter
32

Extractive material of tanning and dye; tannic
acid and derivatives, dye, pigment, and other color additives; painting

and varnish; putty and other similar adhesive; ink and printing ink

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

Chapter
33

Essential oil and balm; Aromatic material
products and cosmetic and washing products

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

Chapter
34

Soap, organic surfactant, detergent,
lubricant, synthetic wax, mixed wax, polish, candle, and the like,
plastotype
ointment, dentistry wax and plaster agent

made of materials not in tariff code of goods
itself or meeting criteria of ad valorem percentage

Chapter
38

Miscellaneous chemical products

made of materials other than in tariff code of
goods or meeting criteria of ad valorem percentage

Category 7. Plastic and Plastic products;
Rubber and Rubber Products

Chapter
39

￿￿

￿￿

39.17

plastic pipe and accessories(such as joint,
elbow pipe and flange)

working materials in 39.01-39.14 into shape

39.18

lumpy or rolling plastic floor covering,(no
matter whether it is sticky or not) plastic wallpapering  products

stipulated in k 9 of this Chapter

working materials in 39.01-39.14 into shape

39.19

self-adhesive plastic board, plate, film,
foil, tape, flat-bar and other flat materials no matter whether rolled

or not

working materials in 39.01-39.14 into shape

39.20

other non-foamed plastic board, plate, film,
foil and flat-bar not produced by strengthening, laminating, supporting

other materials or in similar method

working materials in 39.01-39.14 into shape

39.21

other plastic board, plate, film, foil and
flat-bar

working materials in 39.01-39.14 into shape

39.22

plastic bathtub, showering tray, launder,
washstand, bidet, bedspan, toilet seat, closestool cover, water-pumping

tank and the similar sanitary ware

working materials in 39.01-39.14 into shape

39.23

plastic products for transportation and
packing of goods; plastic stopple, lid and similar products

working materials in 39.01-39.14 into shape

39.24

plastic tableware, kitchenware and other
household appliances and washing ware

working materials in 39.01-39.14 into shape

39.25

other plastic products for construction in
unspecified tariff code

working materials in 39.01-39.14 into shape

39.26

other plastic products and products of other
materials specified in tariff code 39.01-39.14

 
The People’s Bank of China
2004-12-07

 




CIRCULAR OF SAFE ON PRINTING AND DISTRIBUTING THE OPERATION DIRECTIONS (FOR TRIAL IMPLEMENTATION) OF THE INTERIM MEASURES FOR ADMINISTRATION OF SALES AND PAYMENTS OF EXCHANGE IN TRANSFERRING INDIVIDUAL PROPERTY ABROAD

The State Administration of Foreign Exchange

Circular of SAFE on Printing and Distributing the Operation Directions (for Trial Implementation) of the Interim Measures for Administration
of Sales and Payments of Exchange in Transferring Individual Property Abroad

Hui Fa [2004] No.118

December 9, 2004

The branches and foreign exchange offices of the State Administration of Foreign Exchange of all provinces, autonomous regions, and
municipalities directly under the Central Government, and the branches in Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo:

The Interim Measures for the Administration of Sales and Payments of Exchange in Transferring Individual Property Abroad (hereinafter
referred to as the Measures) has come into force as of the date of December 1, 2004. With a view to ensuring the implementation of
this policy, specifying relevant operation procedures, and making formalities convenient for applicants, in accordance with the relevant
provisions, the State Administration of Foreign Exchange formulates the Operation Directions (for Trial Implementation) of the Interim
Measures for the Administration of Sales and Payments of Exchange in Transferring Individual Property Abroad, please implement it
accordingly.

Attachment:The Operation Directions (for Trial Implementation) of the Interim Measures for the Administration of Sales and Payments
of Exchange in Transferring Individual Property Abroad htm/e03848.htmAttachment

￿￿

￿￿

Attachment:

The Operation Directions (for Trial Implementation) of the Interim Measures for the Administration of Sales and Payments of Exchange
in Transferring Individual Property Abroad

￿￿

 ￿￿￿￿1.Operation Procedures

￿￿￿￿(1) Procedures for the application of emigration transfer, inheritance transfer, and for the purchase of exchange and outward remittance
for the first time

￿￿￿￿(i) the applicant files an application

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿n>

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Amount applied beyond the equivalent

￿￿￿￿ (ii) Examination of local forex authorities—————————————————————–￿￿i) examination and approval of SAFE

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿  ￿￿; issuance of approval document to local forex authorities after approval  ￿￿t>

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿  ￿￿——————————————————————————————-￿￿n>

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿—————————————————————￿￿span>

(v) Issuance of the approval document for (the first time) purchase of exchange,remittance outward to the applicant

￿￿

(iv) Issuance of the approval reply letter to the applicant (reply lettermay not be issued in the case of approval to remit outward in one time )

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿n>

￿￿￿￿(vi) The applicant goes through the purchase of exchange and outward remittances formalities at the designated foreign exchange
bank on the basis of the approval document

￿￿￿￿(2) The operation procedures for second and afterwards exchange purchase and outward remittance of emigration transfer

￿￿￿￿(vii)the applicant files application

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿t>

￿￿￿￿(viii)examination and approval of local foreign exchange authorities

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿t>

￿￿￿￿(ix) Issues the exchange purchase, outward remittance approval document to the applicant

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿t>

￿￿￿￿(x)The applicant goes through the purchasing and remittance procedures in the designated foreign exchange bank on the basis of the approval
document of the foreign exchange authorities

￿￿￿￿2. The applicant qualification

￿￿￿￿(1) Definition (Article 2 of the Measures)
￿￿￿￿”Emigration transfer” refers to the activity of a natural person who emigrates abroad and has permanent residence thereof or who goes
to Hong Kong, Macau SAR and has permanent residence thereof or who goes to Taiwan region from the mainland and resides there realizes
the legal property owned by him within the territory before he (she) gets an emigration status and purchases exchange in designated
foreign exchange bank and remits outward the exchange.
￿￿￿￿”Inheritance transfer” refers to the activity of a foreign citizen or a permanent resident of Hong Kong, Macau SAR or Taiwan region
who realizes the property inherited within the territory, purchases exchange in designated foreign exchange bank and remits outward
the exchange.
￿￿￿￿(2) The qualification of the applicant for emigration transfer
￿￿￿￿i. A natural person emigrates from Chinese mainland to a foreign country and has permanent residence in the country of residence or
has the citizenship of the country of residence;
￿￿￿￿ii. A natural person goes to Hong Kong or Macau SAR from the mainland and has the permanent residence of the SAR;
￿￿￿￿iii. A natural person goes to and resides in Taiwan region from Chinese mainland.
￿￿￿￿(3) The qualification of applicant for inheritance transfer
￿￿￿￿i. Foreign citizen;
￿￿￿￿ii. Permanent resident of Hong Kong, Macau SAR;
￿￿￿￿iii. Resident in Taiwan region.
￿￿￿￿3. Identity documents of the applicant
￿￿￿￿(1) The identity documents of the applicant for emigration transfer (paragraph 4 of article 8 of the Measures)
￿￿￿￿
i. the applicant who is a Chinese citizen and has foreign permanent residence shall provide:
￿￿￿￿
(i) Valid passport of the People’s Republic of China or other valid identity certificate such as the Alien Certificate issued by the
country of residence;
￿￿￿￿(ii) The abroad residence certificate of the applicant issued (authenticated) by China’s embassy abroad;
￿￿￿￿(iii) The Chinese resident registration cancellation certificate issued by public security authorities.
￿￿￿￿ii. The applicant who has foreign citizenship shall provide:
￿￿￿￿(i) The ID card of the country of residence of the applicant or other valid identity certificate (for example, passport);
￿￿￿￿(ii) The abroad residence certificate of the applicant authenticated by China’s embassy abroad;
￿￿￿￿(iii) The Chinese resident registration cancellation certificate issued by public security authorities.
￿￿￿￿iii. The applicant who is the resident of Hong Kong, Macau SAR shall provide:
￿￿￿￿(i) (Permanent) resident ID Card of Hong Kong, Macau SAR or other valid identity certificate;
￿￿￿￿(ii) Home-visiting certificate or the passport of SAR;
￿￿￿￿(iii) The inland resident registration cancellation certificate issued by public security authorities.
￿￿￿￿iv. The applicant who is a resident in Taiwan region shall provide:
￿￿￿￿(i) The resident ID Card of Taiwan region or other valid identity certificate for residing in Taiwan;
￿￿￿￿(ii) The laissez-passer of mainland resident commuting from mainland to Taiwan or other entry-exit certificate;
￿￿￿￿(iii) The mainland resident registration cancellation certificate issued by pubic security authorities.
￿￿￿￿(2) The identity documents of the applicant for inheritance transfer (paragraph 3 of article 9 of the Measure)
￿￿￿￿
i. The applicant who is a foreign citizen shall provide:
￿￿￿￿(i) The foreign passport or other certificate document held by the applicant that can testify his nationality;
￿￿￿￿(ii) The resident ID card of the country of residence of the applicant or other valid identity certificate;
￿￿￿￿(iii) The residence certification of the applicant for that country authenticated by China’s embassy abroad;
￿￿￿￿ii. The applicant who is the resident of Hong Kong, Macau SAR shall provide:
￿￿￿￿(i) (Permanent) Residence Card of Hong Kong, Macau SAR or other valid identity certificate;
￿￿￿￿(ii) Home-visiting certificate or the passport of SAR;
￿￿￿￿iii. The applicant who is a resident in Taiwan region shall provide:
￿￿￿￿(i) The resident ID Card of Taiwan region or other valid identity certificate for residing in Taiwan;
￿￿￿￿(ii) The laissez-passer of mainland resident commuting from mainland to Taiwan or other entry-exit certificate;
￿￿￿￿4. Related applying material
￿￿￿￿(1) The applying material for emigration transfer (Article 8 of the Measure, operation procedure 1)
￿￿￿￿The applicant shall submit application material to the foreign exchange authorities subject to following format and contents:
￿￿￿￿i. Written application. Including: Basic information introduction of the applicant, the reason to the application for emigration transfer,
the property or income source and a detailed account of the realization, etc.;
￿￿￿￿ii. The Information Table of the Applicant for Emigration Property Transfer Abroad with the signature of the applicant (see attached
table1);
￿￿￿￿iii. The Application Table for Exchange Business in Transferring Abroad Individual Property with the signature of the applicant or
his agent (see attached table 2)
￿￿￿￿iv. The identity document of the applicant (to provide in accordance with Article 3 of this Directions)
￿￿￿￿v. The certificate of income source and other property rights certificates;
￿￿￿￿The certificate of income source and other property rights certificates referred to in this paragraph include:
￿￿￿￿(i) The income source certificate shall be provided with respect to the individual salary and rewards (including salary and stipend,
income from author’s remuneration, income from remuneration for personal service).
￿￿￿￿(ii) With respect to the business income (including income derived from production and business operation and income from contracted
or leased operation of enterprises and institutions by private owner, individual shareholder of enterprises, individual industrial
and commercial households), the declaration table, equity certificate or contracting, leasing contract or agreement and other material
attesting the income source such as financial statements of enterprises, the distribution decisions of the director board of enterprises
shall be provided.
￿￿￿￿(iii) With respect to capital income and the realization (including income derived from interest, dividend, bonus, property leasing,
property transfer and franchising), the deposit certificate, the record in opening stock or bond account and the transaction thereof,
the contract or agreement to property leasing, transfer, franchising, the property right certificate of house, the real estate sale
& purchase agreement or the dismantle and removal compensation agreement shall be provided.
￿￿￿￿(iv) With respect to contingent income (including legal income from welfare lottery, sport lottery, etc) and other property and income,
the proof of actual transaction record shall be provided.
￿￿￿￿vi. Relevant tax documents or tax payment receipts shall be submitted in accordance with relevant provisions of the State Administration
of Taxation.
￿￿￿￿vii. Agency authorization agreement and the identity documents of the agent shall be provided if the formalities are handled by authorized
agent.
￿￿￿￿The identity document of the agent referred to in this paragraph is the ID card or other valid identity document if the agent is a
resident within the territory; or if the agent is a foreign citizen or a Chinese citizen who resides abroad, the identity document
of the agent authenticated or issued by abroad Chinese embassy is required to be submitted.
￿￿￿￿The property rights document mentioned above such as the property right certificate of house, the real estate sale & purchase
agreement or the dismantle and removal compensation agreement, the contract or agreement to contract, lease property, property transfer
contract or agreement, franchising contract or agreement shall be notarized and the authorization agreement and the identity document
of the agent shall be notarized.
￿￿￿￿(2) The applying material for emigration transfer (Article 9 of the Measure, operation procedure 1)
￿￿￿￿i. Written application. Including: an introduction of the general information of the applicant, the relation between the applicant
and the predecessor, the reason to the application for inheritance transfer, the property source of the predecessor and a detailed
account of the realization, etc.;
￿￿￿￿ii. The Information Table of the Applicant for Emigration Property Transfer Abroad with the signature of the applicant (see attached
table1);
￿￿￿￿iii. The identity certificate of the applicant (to provide in accordance with Article 3 of this Directions);
￿￿￿￿iv. The document proving that the applicant inherits the property;
￿￿￿￿v. The proof document of the right of the inherited property;
￿￿￿￿The property right referred to in this paragraph means the primary status of the property inherited by the applicant; related proof
document of property rights include:
￿￿￿￿(i) With respect to real property (such as house), the post_title deed of house, the sale & purchase agreement for real estate or the
dismantle and removal compensation agreement etc. shall be provided;
￿￿￿￿(ii) With respect to chattel (such as vehicles), the ownership certificate such as vehicle registration shall be provided;
￿￿￿￿(iii) With regard to financial assets (savings, stocks and bonds etc.), savings proof, opening account and trading records of stocks
and bonds, and equity certificate etc. shall be provided;
￿￿￿￿(iv) With regard to other assets, proof of the property ownership by inheritance shall be provided.
￿￿￿￿vi. Relevant tax document or tax payment receipt shall be submitted in accordance with relevant provisions of the State Administration
of Taxation.
￿￿￿￿vii. Agency authorization agreement and the identity document of the agent shall be provided if the formalities are handled by authorized
agent.

MEASURES FOR THE ADMINISTRATION OF LICENSES FOR THE EXPORT OF GOODS






the Ministry of Commerce

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

No.28

The Measures for the Administration of Licenses for the Export of Goods, which were adopted at the 17th executive meeting of the Ministry
of Commerce on December 9th, 2004, are hereby promulgated and shall go into effect as of January 1st, 2005.

Minister Bo Xilai

December 10, 2004

Measures for the Administration of Licenses for the Export of Goods

Chapter I General Provisions

Article 1

With a view to reasonably allocating the resources, regulating the order of export business, constructing a fair and transparent trade
environment, performing international conventions and treaties promised by our country, and maintaining the economic interests of
the state and the national security, the present Measures are formulated according to the Foreign Trade Law of the People’s Republic
of China and the Regulation of the People’s Republic of China on Administration of the Import and Export of Goods.

Article 2

The state shall adopts a uniform system of licenses for the export of goods. The state shall adopts the export license administration
to the export goods under restriction.

Article 3

The Ministry of Commerce shall be the department of centralized administration of export licenses of the whole country, and shall
be responsible for formulating the rules and regulations on the administration of export licenses, supervising and inspecting the
implementation of the measures for the administration of export licenses and punishing the rule-breaking acts.

The Ministry of Commerce shall, together with the General Administration of the Customs, formulate, regulate, and promulgate the annual
Catalogue for Goods Subject to the Administration of Export Licenses. The Ministry of Commerce shall be responsible for formulating,
regulating and promulgating the annual Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses.

The Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance of Goods Subject
to the Administration of Export Licenses shall be promulgated by the Ministry of Commerce in the form of public notice.

Article 4

The Ministry of Commerce shall authorize the Quota License Affaires Bureau (hereinafter referred to as the License Bureau) to be in
uniform charge and guide the work for the issuance of export licenses by the license-issuing agencies of the whole country. The License
Bureau shall be responsible to the Ministry of Commerce.

Article 5

The License Bureau, the special commissioner’s offices of the Ministry of Commerce in all localities (hereafter referred to as the
local special commissioner’s offices) and the commerce offices or bureaus and the commissions, offices or bureaus of foreign trade
and economic cooperation of all the provinces, autonomous regions, municipalities directly under the Central Government, cities directly
under state planning and other provincial capital cities authorized by the Ministry of Commerce shall be the export license issuing
agencies, and shall, under the uniform administration of the Licenses Bureau, be responsible for the work of issuance of licenses
within their respective authorized purview.

Article 6

The export licenses as referred to in the present Measures shall include export quota licenses and export licenses. For all the goods
subject to the administration of export quota licenses and export licenses, a foreign trade operator (hereinafter referred to as
an operator) shall apply for the export license to the designated license-issuing agency before export in light of provisions. The
customs house shall accept the declaration and release the goods on the basis of the export license.

Article 7

No export license may be sold, transferred, altered, forged or changed.

Chapter II Application Documents To Be Submitted for Export Licenses

Article 8

When applying for an export license, the operator shall carefully fill in one application form (the original) for the export license
according to the facts, and stamp on it with his seal. If the application is filed online, he shall carefully fill in the online
electronic application form according to the facts and send it to the corresponding license-issuing agency.

Article 9

When applying for an export license, the operator shall submit the relevant export quota of goods or other relevant approval documents
to the license-issuing agency.

Article 10

When applying for an export license, the operator shall submit to the license-issuing agency the Form for Archival Filing and Registration
of a Foreign Trade Operator annexed with the special seal for archival filing and registration of the foreign trade operator or the
Qualification Certificate of the Import and Export Enterprises of the People’s Republic of China or the approval certificate for
foreign-funded enterprises (the photocopy).

Chapter III Basis for Issuance of Export Licenses

Article 11

Every license-issuing agency shall issue export licenses pursuant to the following provisions on the basis of the scope in the Catalogue
for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance of Goods Subject to the
Administration of Export Licenses as formulated by the Ministry of Commerce:

1.

For the export goods subject to the quota license administration, the export license shall be issued on the strength of the documents
on quotas distributed by the Ministry of Commerce or the commerce offices (or bureaus), commissions (offices or bureaus) of foreign
trade and economic cooperation of all the provinces, autonomous regions, municipalities directly under the Central Government, cities
directly under state planning and other provincial capital cities authorized by the Ministry of Commerce (hereinafter referred to
as the local competent departments of commerce) and the export contract of the operator (a photocopy of the original);

2.

For the export goods applying quota bidding, the export license shall be issued on the strength of the name list of the bid-winning
operators and the quantity of bid-winning promulgated by the Ministry of Commerce, the Certificate for the Application of an Export
License of Goods Applying Quota Bidding or the Certificate for the Transfer and Acceptance of Commodities Applying Quota Bidding,
and the export contracts (a photocopy of the original) of the bid-winning operators.

3.

For the export of chemicals liable to produce drugs, the export license shall be issued on the strength of the Reply of the Ministry
of Commerce on the Export of Chemicals Liable To Produce Drugs and the export contracts (a photocopy of the original) of the export
operators.

4.

For the export of computers, the export license shall be issued on the strength of the Examination Form of Export Computer Technologies
approved by the Ministry of Commerce and the export contracts (a photocopy of the original) of the export operators.

5.

For the export of chemicals under supervision and control, the export license shall be issued on the strength of the approval documents
of the Office of State Leading Group for Performance of the Convention on Prohibition of Chemical Weapons and the export contracts
(a photocopy of the original) of the export operators.

6.

For the export of ozonosphere-consuming materials, the export license shall be issued on the strength of the approval documents distributed
by the Office of Import and Export Administration of Ozonosphere-consuming Materials of the state and the export contracts (a photocopy
of the original) of the operators. And

7.

For other export goods subject to the export license administration, the export license shall be issued on the strength of the approval
documents of the Ministry of Commerce and the export contracts (a photocopy of the original) of the operators.

Article 12

For goods under processing trade that are subject to export license administration, the license-issuing agency shall issue the export
license pursuant to the Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License
Issuance of Goods Subject to the Administration of Export Licenses formulated by the Ministry of Commerce and on the strength of
the Approval Certificate for Processing Trades issued by the department for examination and approval of processing trades authorized
by the Ministry of Commerce and the approval documents for export (Goods subject to the administration of export quotas without using
the quantity of quotas shall be based on the approval documents of the Ministry of Commerce) as prescribed in Article 11 of the
present Measures, the customs declarations of import on processing trades and the export contracts (a photocopy of the original)
of operators.

For the export of chemicals under supervision and control, chemicals liable to produce drugs, ozonosphere-consuming materials and
other goods subject to the administration of international conventions in the form of processing trade, the export license shall
be issued in pursuance of Article 11 of the present Measures.

Article 13

When exporting self-produced goods subject to export license administration (including goods produced with imported materials and
exported again), the foreign-funded enterprise shall be treated according to the following provisions:

1.

For the export by a foreign-funded enterprise that has been approved, the license-issuing agency shall issue the export license on
the strength of the quantity of export quotas for foreign-funded enterprises granted by the Ministry of Commerce. If the goods are
subject to export quota bidding, the relevant approval documents as prescribed in Article 11 shall also be attached.

2.

For a foreign-funded enterprise that has been approved before the adjustment of the Catalogue for Goods Subject to the Administration
of Export Licenses, if its export products become new goods subject to export license administration due to the adjustment, the Ministry
of Commerce may check and ratify the export quotas for the foreign-funded enterprise on the strength of the approved business scope
and export scale of production. And the license-issuing agency shall issue the export license on the strength of the quantity of
export quotas of foreign-funded enterprises distributed by the Ministry of Commerce; and

3.

Where any investment project of a foreign-funded enterprise involves the export of goods subject to export license administration,
the examination and approval may be made according to the procedures for examination and approval only after having been approved
by the Ministry of Commerce in the phase of project initiation. For the projects failed to obtain the aforesaid approval, the Ministry
of Commerce shall not grant export quotas, and the license-issuing agency shall not issue the export license.

Article 14

Where any solely -owned enterprise, joint venture enterprise or contractual joint venture enterprise of China established overseas
or in Hong Kong and Macao needs the supply of domestic goods subject to export license administration, the license-issuing agency
shall issue the export license in pursuance of Article 11 of the present Measures on the strength of the approval documents of the
Ministry of Commerce and the approval certificate for overseas enterprises of the Ministry of Commerce or the approval certificate
for processing and assembling enterprises with overseas materials of the Ministry of Commerce.

Article 15

Where any enterprise, which has the qualification to manage the foreign economic and technological cooperation upon the approval of
the Ministry of Commerce, for the purpose of performing such project contracts as overseas contract engineering, labor service cooperation,
design and consultation, and etc., exports equipments (including a whole set of equipments), materials, construction appliances and
life materials for self-use of its personnel, which are part of the goods subject to the export license administration, the export
license shall be issued in according to Article 11 of the present Measures.

Article 16

For goods subject to export license administration for self-use and needed to be transported out of China in the export of complete
sets of equipments, the export license shall be issued according to Article 11 of the present Measures.

Article 17

For goods subject to export license administration for repayment of foreign loans or trade compensation, the license-issuing agency
shall issue the export license according to the Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue
for Graded License Issuance of Goods Subject to the Administration of Export Licenses on the strength of the export quotas granted
by the Ministry of Commerce for repayment of foreign loans or that of the trade compensation. Where any juridical person, other organization
or individual, which fails to go through procedures for archival filing and registration, undertakes the business of repayment of
foreign loans or trade compensation, he shall do the export business by entrusting an operator as an agent who shall apply for the
export license.

Article 18

When applying for export licenses, the operator shall declare faithfully in light of the present Measures, and may not falsify, or
cheat to obtain the export license by means of false contract or fake documents.

Chapter IV Issuance of Export Licenses

Article 19

Every license-issuing agency shall issue the export licenses for the relevant export goods strictly according to the requirements
in the annual Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance
of Goods Subject to the Administration of Export Licenses within 3 workdays as of the date of receiving the application coincident
with the requirements. And no licenses may be issued in violation of the provisions. When exporting goods in the Catalogue for Goods
Subject to the Administration of Export Licenses, the operator shall apply for an export license to the license-issuing agency as
designated by the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses.

Article 20

The License Bureau, all local special commissioner’s offices and local license-issuing agencies shall issue export licenses strictly
according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as promulgated by
the Ministry of Commerce. If online application for export licenses is carried out, the certificate issuance shall be made in light
of the relevant procedures and provisions.

1.

The scope of licenses to be issued by the License Bureau:

(1)

according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as prescribed by
the Ministry of Commerce, the export licenses within the scope of authorization of the Catalogue for Graded License Issuance of Goods
Subject to the Administration of Export Licenses; and

(2)

the export licenses of enterprises under the Central Government in Beijing.

2.

The scope of licenses to be issued by each local special commissioner’s office:

(1)

according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as prescribed by
the Ministry of Commerce, the export licenses to the operators within the contact area, the enterprises under the Central Government
within the contact area, and the subsidiary companies of the enterprises under the Central Government in Beijing whose quotas are
controlled by the local regions ;

(2)

according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as prescribed by
the Ministry of Commerce, the export licenses for quota bidding goods of any operator within the contact area; and

(3)

the export licenses for other goods as prescribed by the Ministry of Commerce.

3.

The scope of licenses to be issued by each local license-issuing agency:

(1)

the export licenses to local operators according to the Catalogue for Graded License Issuance of Goods Subject to the Administration
of Export Licenses as prescribed by the Ministry of Commerce; and

(2)

the export licenses for other goods as prescribed by the Ministry of Commerce.

4.

Goods whose licenses are issued by the designated license-issuing agencies:

For all the goods whose licenses are issued by the license-issuing agencies as designated by the Catalogue for Graded License Issuance
of Goods Subject to the Administration of Export Licenses, all operators shall apply export licenses to the designated license-issuing
agency without exceptions.

Article 21

No license-issuing agency may issue any export license without quota, or exceeding quota, or exceeding the authority or the scope
of license issuance. No staff member of any license-issuing agency may neglect his duty, seek private gains or misuse his authority
during the performance of his duty, and may not seek for the property of other people by taking advantage of the convenience of his
post or take the property of other people illegally for seeking interests for others.

Article 22

The administration of export licenses shall adopt the system of “one license for one customs house”, “one batch, one license” and
“non-one batch, one license”. The “one license for one customs house” shall mean that one export license may only be declared at
one customs house; and the “one batch, one license” shall mean that one export license may be used for customs declaration for once
within the period of validity.

Under the following circumstances, the system of “non-one batch, one license” shall be implemented, and the “non-one batch, one license”
shall be indicated in the remark column when issuing the export license:

1.

goods under export license administration of foreign-funded enterprises;

2.

goods under export license administration in compensation trade; and

3.

other goods under export license administration that adopts the system of “non-one batch, one license” as prescribed by the Catalogue
for Goods Subject to the Administration of Export Licenses.

The “non-one batch, one license” shall mean that one export license may be used for customs declaration for many times within the
period of validity but for twelve times at most. And the customs shall indicate in the column of “endorsement of customs examination
and release” the times for export of the goods batch by batch.

Chapter V Handling of Exceptions

Article 23

The overloaded goods shall be large goods in bulk. The amount of overload shall be handled according to the international trade convention,
that is, the amount of overload of large goods in bulk exported after customs declaration shall not exceed 5% of the amount of export
as listed in the export license. In the case of large goods in bulk which do not adopt the system of “one batch, one license”, the
amount shall be deducted after checking according to the actual export amount when each batch of the goods is exported, and the amount
of overload shall be calculated on the basis of the actual surplus export amount of the license and within 5% of the prescribed upper
limit of the overload when the final batch of goods is exported.

The license-issuing agency shall issue the license for export of goods of this kind strictly according to the amount of export quota
and the amount checked by the approval documents, verify and deduct the amount of quota according to the actual amount of the licenses
issued, and shall not issue licenses on the basis of the amount of export quota or the amount checked by the approval documents plus
the amount of overload allowed by international trade convention.

Article 24

Export licenses shall be exempted for goods subject to export license administration for projects of foreign economic aid. The relevant
provisions on the certificate for examination and release shall be formulated and promulgated by the Ministry of Commerce, the General
Administration of Customs and the State General Administration for Quality Inspection, Supervision and Quarantine.

Article 25

Provisions on exhibition articles, exhibition articles for sale and small articles for sale that are taken abroad (or out of the territory)
to take part in or for holding exhibitions are as follows:

1.

The export licenses shall be exempted for not-for-sale exhibition articles under export license administration, which are taken abroad
(or out of the territory) to take part in or for holding exhibitions. And the customs shall supervise, examine and release these
articles after examination on the basis of the approval documents for the exhibitions by the department of examination and approval
and the customs declaration on export goods. The entities participating in the exhibition shall, within 6 months after the end of
the exhibition, carry back exactly the amount of the not-for-sale exhibition articles for cancellation by the customs after verification.
Under special circumstances, the period may be postponed upon the approval of the customs.

2.

Where the exhibition articles for sale and the small articles for sale that are taken abroad (or out of the territory) for taking
part in or holding exhibitions are subject to the export license administration, the entities taking part in the exhibitions shall
apply to the license-issuing agencies as prescribed in the Graded License Issuance Catalogue for the export licenses without taking
the export quotas on the strength of the approval documents by the department for examination and approval of foreign economic and
trade exhibitions and the exhibition participation certificates by exhibition-holding institutions of foreign economic and trade
exhibitions. And

3.

For the chemicals under supervision and control, chemicals liable to produce drugs, ozonosphere-consuming materials and other goods
governed by international conventions, the export licenses shall be handled as normal export, and the provisions of items (1) and
(2) of this Article shall not be applied.

Article 26

Provisions on the samples of export goods and on samples of goods under export license administration that need to be provided for
cultural exchange and technology exchange are as follows:

1.

For the samples of goods or samples for experiment use, which are subject to the export license administration and shipped abroad
(out of the territory) by an operator, if the value of each batch of goods are RMB 30,000 Yuan or less, the export license shall
be exempted, and the customs shall check and release the goods on the strength of the customs declaration of the export samples filled
in by the operator; if the value exceeds RMB 30,000 Yuan, the goods shall be regarded as being exported normally, and the operator
may apply for an export license as required. The words “samples of goods” shall be indicated in the remark column of the export license.
And

2.

For the chemicals under supervision and control, chemicals liable to produce drugs, ozonosphere-consuming materials and other goods
governed by international conventions, the export licenses shall be transacted as normal export, and the provisions of item (1) of
this Article shall not be applied.

Article 27

If the donations provided by the Chinese government to foreign countries in light of the agreement or temporary decision between the
two governments, or the materials presented by the Chinese government or organization to the government or organization of the other
country based on the friendship, are subject to the export license administration, the export license shall be issued on the strength
of the relevant agreements or decisions without taking export quotas.

For other donations subject to export license administration, the export license shall be issued according to Article 11 of the present
Measures.

Chapter VI The Periods of Validity of Export Licenses

Article 28

The period of validity of export quota shall be before December 31 of the current year (including December 31), unless it is otherwise
specified. The operator shall apply for an export license to the license-issuing agency within the period of validity of the quota.

Article 29

Every license-issuing agency may issue export licenses of the next year in light of the export quotas granted by the Ministry of Commerce
or every local competent department of commerce from December 16 of the current year.

Article 30

The period of validity of an export license shall not exceed 6 months. If it is necessary to use an export license crossing years,
the deadline for the period of validity of the export license shall not exceed the end of February of the next year.

Where any goods under quota license administration is exported in the form of processing trade, the period of validity of the export
license shall be determined pursuant to the time limit for the export as checked and ratified by the Approval Certificate for the
Business of Processing Trade, but shall not exceed the end of February of the next year. If the time limit for export checked and
ratified pursuant to the Approval Certificate for the Business of Processing Trade exceeds the end of February of the next year,
the operator shall apply for extension to the original license-issuing agency before the end of February. The license-issuing agency
shall take back the original certificate and write off it in the license-issuing system, reissue the export license within the time
limit for export as determined pursuant to the Approval Certificate for the Business of Processing Trade after deducting the amount
that has been used, and indicate in the remark column the extension for use and the number of the original certificate.

The Ministry of Commerce may adjust the period of validity and the application time of export licenses of certain goods according
to the specific circumstances.

The export license shall be used within the period of validity; and if it exceeds the time limit, it shall be invalidated automatically,
and the customs shall not release the goods.

Article 31

In case an export license fails to be used within the period of validity due to some reasons, the operator shall apply for extension
to the original license-issuing agency within the period of validity of the export license. The license-issuing agency shall take
back the original license, write it off in the license-issuing computer management system, reissue an export license and indicate
in the remark column the extension for use and the number of the original license.

In case an export license is not fully used within the period of validity due to some reasons, the operator shall apply for extension
for the unused part to the original license-issuing agency within the period of validity of the export license. The license-issuing
agency shall take back the original license and cancel it after verification in the license-issuing system, then reissue an export
license after deducting the amount that has been used, and indicate in the remark column the extension for use and the number of
the original license.

Where an extension for any export license is handled by using the export quota of the current year, the extension period shall not
exceed the end of February of the next year of the period of validity of the export quota of the current year. If the period of validity
has been the end of February of the next year of the period of validity of the export quotas of the current year, the extension shall
not be permitted.

In case an application for extension fails to be filed within the period of validity of an export license, the export license shall
be invalidated automatically after expiration of the time limit. The license-issuing agency shall not go through the formalities
for extension of the license any longer. And the amount of goods under the export license shall be regarded as being automatically
given up by the quota holder.

Article 32

After an export license is issued, no entity or individual may alter the contents on the face of the license without approval. Where
it is necessity to alter the contents on the face of the license, the operator shall return the export license to the original license-issuing
agency within the period of validity of the export license, and reapply for an export license.

Article 33

In case an export license that has been received is lost, the operator shall report it in written form to the customs house at the
export port as indicated on the face of the license and the relevant license-issuing agencies at once, and publish an “Announcement
of Loss ” in national economic newspapers and periodicals. The license-issuing agency may, after verifying that the license really
has not passed through the customs, write off the license on the strength of the Announcement of Loss and issue a new license.

Article 34

If such entities as the customs, industry and commerce, public security, disciplinary inspection or the court need to make inquiry
about or investigation into any export license to any license-issuing agency, it shall show the relevant certificate according to
law, and then may the license-issuing agency accept the inquiry or investigation.

Article 35

Where the license-issuing agency is adjusted for any goods subject to the administration of export license administration, the original
license-issuing agency shall not reissue the export license for the goods as of the date of adjustment, and shall report the application
conditions of the operator before the adjustment to the license-issuing agency. The license applied for and received by the operator
before the adjustment shall be effective continuously within the period of validity. If the license is not used or not fully used
within the period of validity, the operator shall go through the formalities for extension to the adjusted license-issuing agency
as required.

Chapter VII Inspection and Punishment

Article 36

The Ministry of Commerce shall authorize the License Bureau to make regular inspections on each license-issuing agency. The inspection
shall involve the implementation of the present Measures by the license-issuing agency, and shall focus on whether there are issues
on issuing license by exceeding quotas, without quotas or exceeding the authority or grades in violation of regulations and other
issues in violation of the present Measures. The method of combining regular or irregular self-inspection of each license-issuing
agency with the spot check of the License Bureau shall be applied as the ways of inspection.

The License Bureau shall report the inspection conditions to the Ministry of Commerce.

Article 37

Every license-issuing agency shall transmit in time the data on license issuing pursuant to the provisions of the Ministry of Commerce
on online checking of licenses to ensure that the operators may successfully declare and ensure the checking of the customs. It shall
carefully check up the checked data fed back by the customs, and inspect in time the conditions for use of the licenses and find
out the current problems. The License Bureau shall report th

MEASURES FOR THE ADMINISTRATION OF LICENSES FOR THE IMPORT OF GOODS

e03408,e00924,e03780e012872004121020050101the Ministry of CommerceOrder of the Ministry of Commerce of the People’s Republic of ChinaNo.27The Measures for the Administration of Licenses for the Import of Goods, which were adopted at the 17th executive meeting of the Ministry
of Commerce on December 9th, 2004, are hereby promulgated and shall go into effect as of January 1st, 2005.
Minister of the Ministry of Commerce Bo XilaiDecember 10, 2004epdf/e03862.pdfA5,P2goods, licenses for the import, catalogue for goods, catalogue for graded license issuance, quota license, application documents,
basis for issuance of license, sign and issue, period of validity
e03862Measures for the Administration of Licenses for the Import of GoodsChapter I General ProvisionsArticle 1 With a view to regulating the administration on the import licenses, maintaining the order of import of goods and promoting the healthy
development of foreign trade, the present Measures are formulated in accordance with the provisions of the Foreign Trade Law of the
People’s Republic of China and the Ordinance of the People’s Republic of China on the Administration of Import and Export of Goods.
Article 2 The State shall implement the uniform system of licenses for the import of goods. And for goods under import restriction, the State
shall apply the import license administration
Article 3 The Ministry of Commerce shall be the department of centralized administration of import licenses of the whole country, and shall
be responsible for formulating the rules and regulations on the administration of import licenses, supervising and inspecting the
enforcement of the measures for the administration of import licenses and punishing the rule-breaking acts.The Ministry of Commerce shall, together with the General Administration of the Customs, formulate, regulate and promulgate the annual
Catalogue for Goods Subject to the Administration of Import Licenses. The Ministry of Commerce shall be responsible for formulating,
regulating and promulgating the annual Catalogue for Graded License Issuance of Goods Subject to the Administration of Import Licenses.The Catalogue for Goods Subject to the Administration of Import Licenses and the Catalogue for Graded License Issuance of Goods Subject
to the Administration of Import Licenses shall be promulgated by the Ministry of Commerce in the form of public notice.
Article 4 The Ministry of Commerce shall authorize the Quota License Affaires Bureau (hereinafter referred to as the License Bureau) to be in
uniform charge and guide the work for the issuance of import licenses by the license-issuing agencies of the whole country. The License
Bureau shall be responsible to the Ministry of Commerce.
Article 5 The License Bureau, the special commissioner’s offices of the Ministry of Commerce in all localities (hereafter referred to as the
local special commissioner’s offices) and the commerce offices or bureaus and the commissions, offices or bureaus of foreign trade
and economic cooperation of all the provinces, autonomous regions, municipalities directly under the Central Government, cities directly
under state planning and other provincial capital cities authorized by the Ministry of Commerce (hereafter referred to as the local
license issuing agencies) shall be the import license issuing agencies, which shall, under the uniform administration of the License
Bureau, be responsible for the work of issuance of licenses within their respective authorized purview.
Article 6 The import license shall be a legal warrant on basis of which the state administers the import of goods. A foreign trade operator
(hereinafter referred to as the operator) shall apply for the import license as required to the designated license-issuing agency
for those goods subject to the administration of import license before the import, unless it is otherwise specified by the State.
And the customs shall accept the application and release the goods on the basis of the import license.
Article 7 The import license shall apply to the import of goods within the Catalogue for Goods Subject to the Administration of Import Licenses.Article 8 No import licenses may be sold, transferred, altered, forged or changed.Chapter II Application Documents To Be Submitted for Import LicensesArticle 9 The operator shall carefully fill in the application form for import license according to the facts when applying for an import license,
and stamp on it with his seal.
Article 10 The operator shall submit the documents of approval for import and the relevant documents as prescribed in the “Basis for Issuance
of Import Licenses” of Chapter III of the present Measures to the license issuing agency in the light of the conditions of import
of goods.
Article 11 The operator shall submit the qualified Enterprise Juridical Person Registration Business License after annual examination, and the
Form for Archival Filing and Registration of Foreign Trade Operators with the special seal for archival filing and registration of
the foreign trade operator, or the qualification certificate of import and export enterprises. If the operator is a foreign-funded
enterprise, it shall also submit the certificate of approval for a foreign-funded enterprise. If the goods to be imported fall within
the scope of state-owned trade or there are other requirements of qualification administration on them by the State, the relevant
documents of the Ministry of Commerce or of the relevant departments shall also be offered.
Chapter III Basis for Issuance of Import LicensesArticle 12 Every license-issuing agency shall issue import licenses in accordance with the following provisions and on the basis of the scope
as prescribed in the Catalogue for Goods Subject to the Administration of Import Licenses and the Catalogue for Graded License Issuance
of Goods Subject to the Administration of Import Licenses as formulated by the Ministry of Commerce:
1.For the chemical products under supervision and control, the license-issuing agency shall issue the import license on the strength
of the Ratification Form for the Import of Chemicals under Supervision and Control as approved by the Office of the State Leading
Group for Performance of the Convention on Chemical Weapons and the import contract (a photocopy of the original).
2.For the chemicals liable to producing narcotic drugs, the license-issuing agency shall issue the import license on the strength of
the Reply on Import of Chemicals Liable to Producing Narcotic Drugs of the Ministry of Commerce;
3.For the ozonosphere-consuming materials, the license-issuing agency shall issue the import license on the strength of the Form for
Examination and Approval of the Import of Ozonosphere-Consuming Materials under Control as approved by the State Office of the Administration
of Import and Export of Ozonosphere-Consuming Materials. And
4.For other commodities whose import is restricted according to the provisions of any law or any administrative regulation, the license-issuing
agency shall issue the import license in light of the licensing documents issued by the competent department of commerce of the State
Council or by the competent department of commerce of the State Council together with other relevant departments.
Article 13 For the import of chemicals under supervision and control, chemicals liable to producing narcotic drugs and ozonosphere-consuming
materialsin processing trade, which are subject to the administration of import licenses, the license-issuing agency shall cope with
it respectively according to the provisions of paragraph 1, paragraph 2, and paragraph 3 of Article 12 .
Article 14 If a foreign-funded enterprise imports chemicals under supervision and control, chemicals liable to producing narcotic drugs and ozonosphere-consuming
materials subject to the administration of import licenses, the license-issuing agency shall cope with it respectively according
to the provisions of paragraph 1, paragraph 2, and paragraph 3 of Article 12 .
Article 15 When applying for an import license, the operator shall make application according to the facts pursuant to the present Measures,
and may not make falsification or cheat to receive the import license by means of fake documents or fake contract.
Chapter IV Issuance of Import LicensesArticle 16 The license-issuing agency shall issue the import licenses for the relevant commodities strictly in accordance with the annual Catalogue
for Goods Subject to the Administration of Import Licenses and the Catalogue for Graded License Issuance of Goods Subject to the
Administration of Import Licenses as promulgated by the Ministry of Commerce. When importing commodities in the Catalogue for Goods
Subject to the Administration of Import Licenses, the operator shall apply for an import license to the license-issuing agency as
designated in the Catalogue for Graded License Issuance of Goods Subject to the Administration of Import Licenses.
Article 17 Every license-issuing agency shall issue import licenses in light of the basis for license issuance of Chapter III of the present
Measures, and may not issue any import license by exceeding his authority or exceeding the scope of license issuance.
Article 18 The administration on import license shall apply the administration of “one license for one customs house”. Generally, an import license
shall apply “one batch, one license”. Where “non-one batch, one license” is to be applied, the words “non-one batch, one license”
shall be printed in the remark column of the import license.The “one license for one customs house” shall mean that one import license may only be declared at one customs house; the “one batch,
one license” shall mean that one import license may be used in customs declaration only once within the period of validity; the “non-one
batch, one license” shall mean that one import license may be used for many times in customs declaration within the period of validity
but not more than 12 times at most, and the customs shall endorse in the “endorsement column of customs examination and release”
on the back of the license to verify and reduce the import quantities batch by batch.For the import of large amount of goods in bulk subject to license administration, the amount of overload shall be dealt with in pursuance
of the international trade convention, that is, the amount of overloaded large amount of goods in bulk declared to the customs for
import shall not exceed 5% of the amount of import as listed in the import license. Those large amount of goods in bulk not subject
to the system of “one batch, one license” shall be verified and deducted in light of the actual import amount after verifying while
importing every batch of the goods. When the last batch of goods are imported, their overloaded amount shall be calculated based
on the actual remaining amount of the license and within 5% above the upper limit of the overload.When issuing the licenses for the import of goods of this kind, the license-issuing agency shall issue the license strictly according
to the amount of import quota and the amount as checked by the approval documents, verify and deduct the amount of quota in pursuance
of the actual issuance amount in the license, and shall not issue the license pursuant to the amount of import quota or the amount
checked by the approval documents plus the overloaded amount as permitted by the international trade convention.
Article 19 If an application meets the requirements, the license-issuing agency shall issue the import license within 3 workdays as of the date
of receiving the application. Under special circumstances, it shall not exceed ten workdays at most.
Chapter V The Periods of Validity of Import LicensesArticle 20 The period of validity of an import license shall be one year.1.The import license shall be issued within the period of validity as prescribed by the approval documents of the administrative department
of import.
2.The import license shall be effective at the current year. Where it is necessary to be used in the crossing years, the period of validity
shall not at most exceed March 31st of the next year; and
3.The import license shall be used within the period of validity. Where the time limit of validity expires, it will be invalid automatically,
and the customs shall not release the goods.
Article 21 Where an import license fails to be used within the period of validity due to some reasons, the operator shall apply for extension
to the original license-issuing agency within the period of validity. The license-issuing agency shall take back the original license,
and reissue an import license after writing off the original license in the computer management system of the import and export licenses,
and indicate in the remark column the extended use and the number of the original license.Where an import license fails to be fully used within the period of validity due to some reasons, the operator shall apply for extension
of the part unused to the original license-issuing agency within the period of validity. The license-issuing agency shall take back
the original license, cancel the quantity that has been used after verification of the original license in the license issuance system,
and then reissue an import license and indicate in the remark column the extended use and the number of the original license.An import license may only be extended for once, and the period of extension shall not exceed three months at most.Where an application for extension fails to be filed within the period of validity of an import license, the import license shall
be invalidated automatically, and the license-issuing agency shall not accept the application for extension of the license. The import
license shall be regarded as being given up automatically by the holder.
Article 22 Once an import license is issued, no one may alter its contents in the surface of the license without permission. Where it is necessary
to alter it, the operator shall file an application for alteration within the period of validity of the license, and return the license
to the original license-issuing agency that shall then change and reissue the license.If the alteration of a license involves the operator, tax number, amount, sum of money, price, original place for production, import
usage, sources of foreign exchange, ways of trade, declaration port of the import commodity and etc., and the original approval organ
has corresponding restrictions, the operator shall provide the approval documents for alteration by the original approval organ.
Article 23 In case an import license received is lost, the operator shall report the loss in written form to the customs house at the place of
the import port as indicated in the surface of the license and the relevant license-issuing agency, announce cancellation of the
license, and shall report the case to the public security organ in time. The license-issuing agency may revoke the original import
license and issue a new license after receiving the report of such loss from the operator and verifying that the license has really
been not used for passing through the customs.
Article 24 Where such entities as the customs, industry and commerce, public security, disciplinary inspection and the court need to inquire
or investigate about any import license to any license-issuing agency, it shall show the relevant certificates according to law,
and the license-issuing agency shall accept the inquiry.
Article 25 Where the license-issuing agency is adjusted for any commodity subject to the administration of import licenses, the former license-issuing
agency shall not reissue the import license for this commodity as of the date of such adjustment, and shall report the conditions
of application of the operator before adjustment to the license-issuing agency. The license applied for and received by the operator
before the adjustment shall be effective continuously within the period of validity. If the import license is not used or not fully
used within the period of validity, the operator shall go through formalities for extension at the license-issuing agency after adjustment.
Chapter VI Inspection and PunishmentArticle 26 The Ministry of Commerce shall authorize the License Bureau to make regular inspections on every license-issuing agency. The inspection
shall include the conditions of the implementation of the present Measures by the license-issuing agency, and shall focus on whether
there are such acts in violation of regulations as issuing license by exceeding his authority or grades or without approval documents
for certificate issuance. The method combining regular or irregular self-inspection of each license-issuing agency with the spot
check of the License Bureau shall be applied as the ways of inspection. The License Bureau shall report the inspection conditions
to the Ministry of Commerce.
Article 27 Every license-issuing agency shall transmit the data on license issuance in time pursuant to the provisions of the Ministry of Commerce
on online checking of licenses, so as to ensure that the operator may apply to the customs successfully and ensure the checking of
the customs. It shall carefully check up the checked data fed back by the customs, and inspect the conditions for the use of the
license and find out the current problems. The License Bureau shall report regularly the checked data checked and fed back by the
customs to the Ministry of Commerce.
Article 28 The import license, which is issued by exceeding the authority or grades or without effective approval documents, shall be invalid.
If any license-issuing agency violates the provisions, the Ministry of Commerce shall give it warnings, suspend or cancel its authority
to issue licenses in light of the circumstances.
Article 29 Where anyone has received an import license by fraud or other improper means in violation of the present Measures, the import license
shall be taken over according to law. And the Ministry of Commerce shall not accept the application of the violator for import licenses
within three years, or prohibit the violator from undertaking the relevant business activities of import of goods within the period
of one to three years.
Article 30 Where anyone forges, alters or purchases any import license, he shall be subject to criminal liabilities in accordance with the provisions
of the Criminal Law on the crime of illegal management or the crime of forging, altering or purchasing the documents, certificates
and seals of the state organ. If the circumstance is not serious enough to be subject to criminal punishment, a punishment shall
be given according to the relevant provisions of the Customs Law. And the Ministry of Commerce may prohibit the violator from undertaking
the relevant business activities of import of goods within the time limit of one to three years.
Article 31 The Ministry of Commerce shall take over or revoke the import licenses involved in Articles 28, 29 and 30 once it confirms the fact
after investigation. For issues concerning the aforesaid licenses, which are discovered by the customs during the process of actual
supervision or case handling, the license-issuing agency shall give clear reply and positive cooperation.
Article 32 Where any staff member of a license-issuing agency has any act in violation of regulations, which does not constitute a crime, he
shall be transferred from his post and be subject to administrative punishment respectively according to the circumstances. If a
crime is constituted, he shall be transferred to the department of justice and subject to criminal liabilities.
Chapter VII Supplementary ProvisionsArticle 33 Where there are otherwise provisions in laws and administrative regulations on the administration of import goods in bonded warehouses,
bonded zones and export processing zones, those provisions shall prevail.
Article 34 The power to interpret the present Measures shall remain with the Ministry of Commerce.Article 35 The present Measures shall go into effect as of January 1st, 2005. The Measures for the Administration of Licenses for the Import
of Goods (Order No.22 [2001] of the Ministry of Foreign Trade and Economic Cooperation) as printed and distributed by the former
Ministry of Foreign Trade and Economic Cooperation shall be abolished simultaneously.

 
the Ministry of Commerce
2004-12-10

 




THE CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON INCREASING THE EXPORT TAX REFUND RATE OF A PART OF INFORMATION TECHNOLOGY (IT) PRODUCTS






The Ministry of Finance, the State Administration of Taxation

The Circular of the Ministry of Finance and the State Administration of Taxation on Increasing the Export Tax Refund Rate of a Part
of Information Technology (IT) Products

Cai Shui [2004] No. 200

December 10, 2004

Departments (Bureaus) of Finance, National Tax Bureaus of all provinces, autonomous regions, and municipalities directly under the
Central Government, and cities directly under state planning, and Offices of Financial Supervision Commissioners of the Ministry
of Finance in all provinces, autonomous regions, and municipalities directly under the Central Government, and cities directly under
state planning, and the Bureau of Finance of the Xinjiang Production and Construction Corp:

The export tax refund rates of a part of information technology (IT) products shall be increased to 17% after the approval of the
State Council. Now the relevant issues hereby are notified as follows:

1.

The IT products whose export tax refund rate increased from the current 13% to 17% include integrated circuits, separate parts (components),
mobile communication base stations, Ethernet switches, routers, handset (vehicular) radio telephones, other automatic micro digital
data processors, system-form microcomputers, LCD monitors, CRT displays, hard disk drivers, automatic digital data processors without
names listed, other storage parts, numerical control lathes (see the attachment for specific products ).

2.

This Circular shall be enforced as of the date of November 1, 2004. (the specific implementation time shall be subject to the export
date noted by the Customs in the “Declaration Form for Export Goods(export tax refund list)”.

It is thereby notified.

htm/e04100.htmAttachment

￿￿

Attachment:

The Catalogue of the Increased Export Tax Refund Rates of a Part of IT Products

￿￿

Name of Commodities

HS

Export Tax Refund Rate

Integrated circuits

85421000￿￿85422111￿￿85422119￿￿85422121￿￿85422129￿￿85422191￿￿85422199￿￿85422900￿￿85426000￿￿85427010￿￿85427090￿￿85429000

17%

Separate parts (components)

85411000￿￿85412100￿￿85412900￿￿85413000￿￿85414000￿￿85415000￿￿85416000￿￿85419000

Mobile commutation equipments and terminators

85252092[mobile communication base stations]

85175032[Ethernet switches]

84718020[routers]

85252022[handset (vehicular) radio telephones]

Computers and external equipments

84714140[other automatic micro digital data processors]

84714940[system-form microcomputers]

84716011[LCD monitors]

84716012[CRT displays]

84717010[hard disk drivers]

84714190[automatic digital data processors without names listed]

84717090[other storage parts]

Numerical control lathes

84612010￿￿84612020￿￿84613000￿￿84614010￿￿84614090￿￿84615000￿￿84619011￿￿84619019￿￿84619090




MINISTRY OF COMMERCE ANNOUNCEMENT

Ministry of Commerce

Ministry of Commerce Announcement

No. 93 [2004]

In accordance with the Qualifications of Tungsten, Stibium and Silver State Trading Export Enterprises as well as Qualifications of
Supplying Enterprises of Tungsten and Stibium Export (Ministry of Commerce Announcement No. 80), Lists of Tungsten, Stibium and Silver
State Trading Export Enterprises and Lists of Supplying Enterprises of Tungsten and Stibium Export in 2005 are now announced.

Ministry of Commerce

Dec 15, 2004 Appendix:

1.

List of Tungsten State Trading Export Enterprises in 2005(omitted)

2.

List of Stibium State Trading Export Enterprises in 2005(omitted)

3.

List of Silver State Trading Export Enterprises in 2005(omitted)

4.

List of Supplying Enterprises of Tungsten Export in 2005(omitted)

5.

List of Supplying Enterprises of Stibium Export in 2005(omitted)

 
Ministry of Commerce
2004-12-15

 




THE ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE OFFICIAL START OF THE CARGO MANIFEST FOR ENTRY-EXIT BY LAND OF INLAND CUSTOMS AND HONG KONG CUSTOMS

The General Administration of Customs

The Announcement of the General Administration of Customs on the Official Start of the Cargo Manifest for Entry-exit by Land of Inland
Customs and Hong Kong Customs

[2004] No. 42

December 15, 2004

In accordance with the No. 23 Announcement 2004 of the General Administration of Customs, the Cargo Manifest for Entry-exit by Land
of Inland Customs and Hong Kong Customs has been tried out uniformly in inland and Hong Kong SAR since January 1, 2004. The tryout
of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs has a positive impact on improving the economic
development of the two sides, facilitating the economic and trade communication between them and enhancing the legal enforcement
assistant between the customs of both sides, from which an excellent result has been achieved. After one year’s tryout and transition,
the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs is now been amended and perfected based on the
advice solicited from the transportation industry and on-spot customs; related issues are hereby proclaimed as follows:

1.

As of January 1, 2005, the declaration of the land cargo vehicles between the two sides starts to use the amended Cargo Manifest
for Entry-exit by Land of Inland Customs and Hong Kong Customs. (See attachment 1)

2.

As of January 1, 2005, the declaration of empty land cargo vehicles between the two sides starts to use the Cargo Manifest for Entry-exit
by Land of Inland Customs and Hong Kong Customs special for empty vehicles and in one pattern, two sheets. (See attachment 2)

3.

In starting to use the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs, the declaration information
such as the number of Vehicle License Plates, chassis, container of the transportation vehicle may be obtained; the tractor, trailer
and container are exempted from bound transportation.

4.

In considering that some transportation enterprises still remain some pieces of Cargo Manifest for Entry-exit by Land of Inland Customs
and Hong Kong Customs of trial version in 2004, it is decided that the use of the Cargo Manifest for Entry-exit by Land of Inland
Customs and Hong Kong Customs of trial version in 2004 extends to March 31, 2005 in order to avoid economic loss of these enterprises;
at the expiration of this time, the use thereof is prohibited.

5.

As of January 1, 2005, for the cargo vehicles commuting between inland and Hong Kong (including empty vehicles), the declaration
using the Cargo Manifest for Entry of the Customs of PRC and the Cargo Manifest for Exit of the Customs of PRC for declaration shall
be stopped.

Attachment:

1.

Sample of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs

2.

Sample of the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs special for empty vehicles (omitted)

3.

The standard and instruction in filling the Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs

htm/e03802.htmAttachment 1

￿￿

￿￿

Attachment 1:

 Cargo Manifest for Entry-exit by Land of Inland Customs and Hong Kong Customs

￿￿

Inland Cargo manifest No.:￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

5 0 0 0 1 5 8 3 2 0 0 3 6  

Hong Kong Cargo Manifest No.:                                      

￿￿￿￿Vehicle License Plate No.: (Inland Vehicle License Plate No.:                                 
Hong Kong Vehicle License Plate No.:                                 
)

￿￿￿_￿Entry/exit* date:                                 
Cargo Loading Place:                                 
Cargo unload place:                                 
This copy manifest has                                   
pages

Item

Name & specification  of cargo

Mark & No.

Package & quantity

Weight/net weight*(kilogram)

Price(currency)

Name & Address of exporter or freight forwarder (Seal)

Name & Address of consignee

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total quan

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...