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SUPPLEMENTARY PROVISIONS TO THE PROVISIONS ON THE ESTABLISHMENT OF INVESTMENT COMPANIES BY FOREIGN INVESTORS

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

No. 3

Supplementary Provisions to the Provisions on the Establishment of Investment Companies by Foreign Investors were adopted at the 5th
executive meeting of the Ministry of Commerce of the People’s Republic of China on May 17, 2006. The supplementary provisions are
hereby promulgated and shall be implemented as of July 1, 2006.

Bo Xilai, Minister of the Ministry of Commerce

May 26, 2006

Supplementary Provisions to the Provisions on the Establishment of Investment Companies by Foreign Investors

With a view to further encouraging transnational corporations to invest in China and perfecting the functions of investment companies,
the supplementary provisions to the Provisions on the Establishment of Investment Companies by Foreign Investors issued by the Ministry
of Commerce in Nov. 17, 2004 (Order of the Ministry of Commerce, [2004] No. 22, hereinafter referred to as the Order No. 22) are
prescribed as follows:

I.

Article 7 of the No. 22 Order shall be modified as: “A foreign investor shall use a convertible currency or the Renminbi profits
it obtains within the territory of China or the lawful Renminbi proceeds it obtains due to share transfer or liquidation, etc. as
the registered capital it contributes to the investment company. A Chinese investor may invest in Renminbi. If a foreign investor
uses its lawful Renminbi proceeds as the registered capital and contributes to the investment company, it shall submit the Certificate
of Verification issued by foreign exchange departments on the Renminbi proceeds within the territory of China and foreign exchange
businesses under the capital account based on the re-investment of other lawful Renminbi proceeds and other relevant evidential documents
and tax payment receipts. At least 30,000,000 US dollars of the investment shall be contributed within two years from the day when
the business license is issued. And the rest of registered capital shall be fully contributed in five years as of the day the business
license is issued.”

II.

An investment company is allowed to undertake the share business outsourcing of companies outside the territory of China.

III.

Article 11 of the No. 22 Order shall be modified as: “The investment company undertaking goods import & export or technology
import & export shall conform to Measures for the Record-keeping and Registration of Foreign Trade Operators; an investment company
can handle the formalities of export refund in accordance with relevant provisions.

Investment companies may sell goods imported abroad by themselves and purchased at home by means of commission agency (with the exception
of auction) or by wholesale. Sales of goods that are special or sold in the way of retailing or franchising shall be done in accordance
with relevant provisions.”

IV.

An investment company shall be allowed to make strategic investment in listed companies in light of relevant provisions, and shall
be considered as stockholders outside the territory of China of joint stock limited companies.

V.

For the purpose of developing the product market, the investment companies satisfying the requirements as prescribed in the Order
No. 22 may sell relevant products on trial before the enterprises they have invested start producing or new products thereof go into
production.

VI.

Article 16 of the Order No. 22 shall be deleted.

VII.

Where a foreign investor contributes (or increases) capitals to an investment company with Renminbi profits it obtains within the
territory of China or the lawful Renminbi proceeds it obtains due to share transfer or liquidation, etc., it may invest the whole
or part of the registered capital to establish enterprises within the territory of China. An enterprise established with the aforesaid
registered capital may apply for handling the formalities of foreign exchange registration of foreign enterprises and confirmation
of registered capital verification to local foreign exchange administrations on the strength of the documents of approval issued
by the examination and approval organ, by which an enterprise is set up with the above registered capital, and the documents of examination
and approval on foreign exchange businesses under the capital account issued by foreign exchange administrations, by which a foreign
investor contributes or increases the capital with the Renminbi proceeds and other lawful Renminbi proceeds, and the documents of
written explanation issued by the investment company that the Renminbi investment is from the aforesaid registered capital. And it
is unnecessary for the enterprise to handle the formalities of getting the document of examination and approval on foreign exchange
businesses under the capital account once more.

Where an investment company of Chinese-foreign equity joint venture establishes an enterprise in China with the registered capital
contributed by the Chinese investor in terms of Renminbi, it is unnecessary to conduct the formalities of foreign exchange registration
of foreign-funded enterprises, foreign exchange registration of foreign investment in the form of foreign exchange upon transfer
of stock rights, confirmation request for capital verification, foreign exchange registration of foreign investment, and other formalities
related to foreign exchange control; it may normally conduct the procedures for confirmation of registered capital verification in
light of relevant provisions on ordinary enterprises within the territory of China.

VIII.

Subparagraph (1) of Paragraph (2) of Article 22 in the Order No. 22 shall be modified as: “The business as prescribed in Articles
10, Article 11 and Article 15 of these Provisions.”

IX.

Upon approval of the Ministry of Commerce, the investment company determined as the regional headquarter is allowed to engage in
services of operative lease and financial lease.

X.

The investment company determined as the regional headquarter is allowed to entrust other domestic company with producing or processing
its products and selling them at home and abroad, and engage in processing trade of selling all products abroad.

XI.

With approval of foreign exchange administrations, the investment company functioning as the financial center or capital management
center and determined as the regional headquarter may have central management on the foreign exchange capital of its associated companies
within the territory of China, and may open an offshore account at banks within the territory of China and have central management
on the foreign exchange capital of its associated companies outside the territory of China and the foreign exchange capital of its
associated companies within the territory of China approved by foreign exchange administrations to lend loans abroad. Businesses
between offshore accounts and other accounts shall be managed as transactional capital.

XII.

An investment company shall report the information on investment and operation of the last year to the Ministry of Commerce for archival
purposes in compliance with the prescribed contents, format and means. And it shall report relevant information to the Ministry of
Commerce in a timely manner. The Ministry of Commerce shall undertake the obligation to keep confidential as to the information reported
by investment companies.

XIII.

Where an investment company fails to report the relevant information as requested in Article 12 , the Ministry of Commerce shall
handle it in accordance with the relevant provisions.

XIV.

These Provisions shall come into force as of July 1, 2006. In case any discrepancy exists between the Order No. 22 and these Provisions,
the latter shall prevail.



 
Ministry of Commerce
2006-05-26

 







NOTICE OF THE SUPREME PEOPLE’S COURT ON ADJUSTING THE JURISDICTION OF SHANGHAI AND NINGBO MARITIME COURTS

Notice of the Supreme People’s Court on Adjusting the Jurisdiction of Shanghai and Ningbo Maritime Courts

Fa [2006] No. 138

The higher people’s courts of Liaoning, Tianjin, Shandong, Shanghai, Hubei, Zhejiang, Fujian, Guangxi, Guangdong, and Hainan provinces
(cities, autonomous regions); the maritime courts of Dalian, Tianjin, Qingdao, Shanghai, Wuhan, Ningbo, Xiamen, Beihai, Guangzhou,
and Haikou:

With a view to making it adapt to the construction and development of Yangshan Deep-water Harbor Area, upon study, the jurisdiction
of Shanghai Maritime Court and Ningbo Maritime Court on Yangshan Harbor and its neighboring sea area shall be adjusted as follows:

The cases of dispute over maritime affairs and maritime trade which take place at Yangshan Harbor and its neighboring sea area shall
be under the jurisdiction of Shanghai Maritime Court.

This Notice shall enter into force as of the date of promulgation. In the event of any problem encountered in the implementation of
the present Notice, please timely report it to the Supreme People’s Court.

The Supreme People’s Court

June 20, 2006



 
The Supreme People’s Court
2006-06-20

 







DETAILED RULES FOR THE BUSINESS PERMISSION FOR NON-SCHEDULED FLIGHTS OF FOREIGN AIR TRANSPORT ENTERPRISES

Decree of the Civil Aviation Administration of China

No. 167

The Detailed Rules for the Business Permission for Non-scheduled Flights of Foreign Air Transport Enterprises (CCAR-119TR-R1) were
passed at the executive meeting of the Civil Aviation Administration of China on June 7, 2006, are hereby promulgated, and shall
go into effect as of July 21, 2006.
Director General of the Civil Aviation Administration of China: Yang Yuanyuan

June 21, 2006

Detailed Rules for the business permission for Non-scheduled Flights of Foreign Air Transport Enterprises
Chapter I General Rules

Article 1

In order to regulate the administration of the business permission for non-schedule flights of foreign air transport enterprises
within the territory of mainland China and remain the order of air transport market, the present Detailed Rules are constituted in
accordance with Article 176 of the Civil Aviation Law of the People’s Republic of China and Article 4 of the Interim Provisions
on the Administration of Non-scheduled Flights in the Civil Air Transportation.

Article 2

The present Detailed Rules shall be applicable to the business permission for non-schedule flights of foreign air transport enterprises
(hereinafter referred to as the foreign air carrier) for engaging in carrying passengers, baggage, cargoes and mails between any
foreign country and mainland China.

Article 3

The “business permission for non-schedule flights in the civil air transportation” as mentioned in the present Detailed Rules means
the flights for commercial air transportation other than scheduled flights and overtime flights, and covers the irregular group charter
flights, integrated tourism charter flights, public charter flights, social organization charter flights, charter flights with similar
interests, charter flights for special activities, student charter flights, charter flights for self use, cargo charter flights,
passenger and cargo charter flights, and sharing charter flights, etc.

Article 4

Given that a foreign air carrier wants to implement the operation of non-scheduled flights between the foreign country and the mainland
China, the operation may not be implemented until the foreign air carrier files an application with the Civil Aviation Administration
of China (hereinafter referred to as the CAAC) in accordance with the present Detailed Rules ,to get the business permission and
accomplish the operational appraisal in the light of the Rules for the Operation Conformity Appraisal of Foreign Public Air Carriers.

Article 5

The CAAC shall carry out the mutual benefit principle to the business permission for non-scheduled flights. The CAAC shall force
equal restrictions on the air transport enterprises of a foreign country if the aviation charging department of the foreign country
forces irrational restrictions on the business permission for the non-scheduled flights carried out by the civil air transport enterprises
of the People’s Republic of China between China and the said country.

Chapter II Application for the Business Permission for Non-scheduled Flights

Article 6

Application for the business permission for any non-scheduled flight, an applicant shall be made with the CAAC within 7 days before
the scheduled flight; otherwise, the CAAC may not accept the application, but except it is otherwise provided in the relevant air
transport agreement or arrangement.

In case the rescuing staff or materials need to be transported under the condition of calamity or any other crucial or special circumstance,
an applicant can submit an application to the CAAC within 3 days before the scheduled flight after the reasons are illustrated.

Article 7

Application for the business permission for any non-scheduled flight, an applicant shall illustrate the type of the business permission
for the non-scheduled flight it plans to run.

Article 8

To make an application for the business permission for any non-scheduled flight, an applicant can directly submit an application
or entrust an agent to submit the application.

Generally, an application shall be sent out via telegraph to the following SITA addresses: BJSSKCA, BJSZGCA; or to the following AFTN
address: ZBBBYAYX.

Article 9

An applicant shall offer documents to illustrate the conditions as follows:

(1)

the name and address of the owners and the operators of the aircrafts;

(2)

the radio communication and signal codes of the aircrafts;

(3)

the frequency range of the radio used in the aircrafts;

(4)

the types, maximum take-off weight and maximum landing weight and number of seats available or tonnage of the aircrafts;

(5)

the expected takeoff and arrival locations, dates, times (UTC Time), route, and the points for entering into and outside the territory
of mainland China;

(6)

the number of the flight and the flight sorties;

(7)

the name, address, contact person and contact information of the charter, the guarantor, and the reception entity;

(8)

the name, address, contact person and contact information of the agency providing agency services for the charter flight and obtaining
a corresponding qualification;

(9)

the name, address, contact person and contact information of the airport ground service company providing ground services for the
charter flight; and

(10)

the contract of charter.

Article 10

To make an application for the business permission for any non-scheduled flight for the first time, an applicant shall submit the
documents as follows except for those prescribed in Article 9 , :

(1)

the duplicated documentation of the business permission for air transportation and operating regulation released by the capable department
of the country (region) where the air transport enterprise is fitted for its qualification for pubic air transportation;

(2)

the duplicated documentation of the nationality registration certificate and the airworthiness certificate of the aircraft, the permission
for using the radio on the aircraft and the noise certificate; and

(3)

the duplicated documentation of the certifications which can show that the applicant has purchased the insurance for the aircraft,
passenger, goods or the liability to the third party on the ground.

Article 11

Whether an application is lodged by the applicant itself or by an agent, the applicant shall be responsible for the authenticity
of the documents submitted.

Article 12

The CAAC may make other additional conditions to the business permission for any non-scheduled flight which may prevent or destroy
public interests.

Article 13

The CAAC shall accept the application if the application materials are entire and abide by statutory forms; the CAAC shall inform
the applicant of all the contents which should be supplemented and corrected once and for all on the spot or within 3 days if the
application materials are not entire or do not abide by statutory forms; and the date when the application materials are received
shall be considered as the date of acceptance if the CAAC does not inform the applicant within the time limit.

Chapter III Determination on the Business Permission for Non-scheduled Flights

Article 14

The CAAC shall implement the examination within 4 days as of the day of the acceptance of an application, and make a written decision
on approval or disapproval.

Article 15

The CAAC shall make a decision on approval if the application of an applicant complies with the conditions and standards prescribed
in the present Detailed Rules.

The CAAC shall, when it makes a decision on disapproval, explain and inform the applicant of the right to apply for administrative
reconsideration or institute an administrative lawsuit.

Chapter IV Restrictive Conditions on the Business Permission for Non-scheduled Flights

Article 16

An applicant shall run the non-scheduled flights in accordance with the flight plan as approved by the CAAC, and may not change it
at random.

Article 17

In general, an applicant may not run any of the following acts in the non-scheduled flights, unless it is specially authorized by
the CAAC in accordance with foreign relations, economic and trade relations, public requirements or any other reason:

(1)

Carrying out non-scheduled flights between any two points within the territory of mainland China;

(2)

Carrying out combined flights between any two points or more points within the territory of mainland China;

(3)

Carrying out non-scheduled flights between the territory of mainland China and any third country (region);

(4)

Carrying out non-scheduled flights on the flight course or flight section for scheduled flights;

(5)

Carrying passengers in non-scheduled cargo charter flights;

(6)

Carrying out non-scheduled flights by using wet-lease aircrafts;

(7)

Through the computer reselling system, retailing the chartered seats or berths to the general public or reselling them to any other
charter;

(8)

Carrying out combined charter flights of the passenger and cargo; or

(9)

Conveying weapons and materials for battles.

Article 18

An applicant shall, before it obtains the business licensing for non-scheduled flights of carrying dangerous goods, lodge an application
with the CAAC under the Provisions on the Administration of the Civil Air Transportation of Dangerous Goods in China, and can not
transport dangerous goods until it is approved.

Article 19

On the condition that an applicant applies for using a wet-lease aircraft for running non-scheduled flights under a special circumstance,
it shall explain the reasons to the CAAC in advance. In case the CAAC deems that the reasons are set up, the applicant shall submit
a written application within 15 days before the expected flight, and shall submit the following documents except the documents mentioned
in Articles 9 and 10:

(1)

the aircraft wet-lease agreement;

(2)

the agreement between the lessor and lessee on the security liabilities for the wet-lease aircraft; and

(3)

the business permission for international air transportation released by the relevant department in charge of the country (region)
where the lessor of the aircraft is located.

Article 20

The operation shall be dealt with consistently by an air transport agent with corresponding qualifications if an applicant plans
to transport passengers or goods from the territory of mainland China to any point of a foreign country.

Article 21

To run non-scheduled flights within the territory of mainland China, an applicant shall accept the ground services offered by the
relevant service department with corresponding qualifications and terminate an agency agreement for ground services with it, and
may not accept the ground services offered by any foreign enterprise or individual within the territory of mainland China, unless
the said applicant has been authorized for offering ground services by itself or for using ground services provided by any other
foreign air transport enterprise or Taiwan, Hong Kong or Macao air transport enterprise for the scheduled flights it operates.

Article 22

To operate non-scheduled flights, an applicant shall pay airway expenses, take-off and landing expenses and other expenses in accordance
with the relevant provisions.

Chapter V Loading Statistics for the Business Permission for Non-scheduled Flights

Article 23

An applicant shall fill in and report a Statistical Form on the Transport Businesses of Foreign Airliners stated in the Appendix
to the present Detailed Rules within 10 days after the operation of a non-scheduled flight, and confirm the accuracy and integrity
of the contents it fills in.

Chapter VI Legal Liabilities

Article 24

The principal and other persons directly responsible shall be given administrative sanctions if the department in the CAAC and its
functionaries for accepting applications go against the relevant provisions in the present Detailed Rules when approving the business
permission for non-scheduled flights to the applicants and are under any of the following circumstances, and if the circumstances
are severe:

(1)

Refusing to accept an application in line with statutory conditions;

(2)

Failing to agree the permission to an applicant which accords with the permission conditions or within the statutory term;

(3)

Failing to notify the applicant of the contents that should be completed and corrected once and for all when the application materials
submitted by the applicant are inadequate or do not abide by statutory forms; or

(4)

Failing to illustrate the reasons for refusing the application or the disapproval.

Article 25

In case any working staff of the department for accepting applications in the CAAC try to accept properties or want to get other
interests when approving the business permission for non-scheduled flights from the applicants, if a crime is constructed, he shall
bear criminal liabilities; and if a crime is not constructed, he shall be imposed upon administrative sanctions.

Article 26

If an applicant conceals the relevant conditions or offers false materials when applying for the business permission for non-scheduled
flights, the CAAC may not accept the application or authorize the approval, and shall render it a warning, and any application for
the business permission for non-scheduled flights submitted by the said applicant may not be accepted within 6 months as of the day
when the warning is rendered.

Article 27

In the event that an applicant gets the business permission for non-scheduled flights through cheats, bribes or any other unjustifiable
means, the CAAC shall call off the said permission, and impose a fine of 10,000 Yuan up to 30,000 Yuan on it, and any application
for the business permission for non-scheduled flights presented by the said applicant may not be agreed within one year as of the
day when the permission is called off or the fine is imposed.

Article 28

If an applicant that has been permitted to run non-scheduled flights commits any of the following acts, the CAAC may give a warning
or a fine of 10,000 Yuan up to 30,000 Yuan to it in accordance with the difference of the circumstances:

(1)

Discretionarily changing the flight plan as approved by the CAAC;

(2)

Reselling for profiteering, leasing or conveying the business permission for non-scheduled flights;

(3)

Running business operations beyond the scope of the business permission for non-scheduled flights;

(4)

Hiding the relevant conditions, offering false materials or rejecting to offer true documents which can reflect the conditions to
the civil aviation administrative body responsible for the supervision and examination; or

(5)

Any other illegal act presented by the law or regulation.

Chapter VII Supplementary Rules

Article 29

The time range presented in the present Detailed Rules shall be reckoned by working days, excluding legal holidays.

Article 30

The present Detailed Rules shall be carried out by analogy if an aircraft owner or operator of Hong Kong or Macao Special Administrative
Region applies for the business permission for non-scheduled flights between Hong Kong or Macao Special Administrative Region and
the mainland China, or if an aircraft owner or operator of Taiwan Area applies for the business permission for non-scheduled flights
between Taiwan Area and the mainland China.

Article 31

The present Detailed Rules shall go into effect as of July 21, 2006. The Provisions on the Administration of Non-scheduled Flights
in the Foreign Civil Air Transportation promulgated by the Civil Aviation Administration of China on November 23, 1990 shall be concurrently
abolished.

Appendix: Statistics on the Transport Volume of Foreign Airliners (omitted)



 
Civil Aviation Administration of China
2006-06-21

 







REPLY OF THE CHINA BANKING REGULATORY COMMISSION CONCERNING LAUNCHING THE BUSINESS OF INTER-BANK ENTRUSTED LOANS AMONG FINANCIAL INSTITUTIONS BY THE AGRICULTURAL DEVELOPMENT BANK OF CHINA

Reply of the China Banking Regulatory Commission concerning Launching the Business of Inter-bank Entrusted Loans among Financial Institutions
by the Agricultural Development Bank of China

Agricultural Development Bank of China:

The Request for Letters on Launching the Business of Inter-bank Entrusted Loans by the Agricultural Development Bank of China (Nong
Fa Yin Fa [2005] No. 333) has been received. Upon consideration, a reply hereby is given as follows:

1.

You are granted to launch the business of inter-bank entrusted loans among financial institutions. You should not undertake any relevant
credit risk for the trustor or do so in a disguised form for the purpose of launching this business.

2.

The scope of trustors for you to launch the business of inter-bank entrusted loans among financial institutions shall be restricted
to policy banks, commercial banks and rural credit cooperative institutions. You must catty out the report system to extend entrusted
loans to the enterprises that have opened accounts, and you shall, within 10 days as of the said business is launched, make a report
to this Commission. The entrusted loans business shall be restricted to providing financial services for the field of “three problems
of agriculture”.

3.

You shall intensify the management of this business, set up and improve internal control system and operational procedures, and report
related risks and problems faced in implementation of this business to this Commission in a timely manner.

The China Banking Regulatory Commission

June 21, 2006



 
The China Banking Regulatory Commission
2006-06-21

 







ANNOUNCEMENT NO.58, 2006 OF THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE OF THE PEOPLE’S REPUBLIC OF CHINA ON EXPANDING THE ACCESS VARIETIES OF FRUIT, VEGETABLES AND AQUATIC PRODUCTS ORIGINATED FROM TAIWAN REGION

Announcement No.58, 2006 of the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic
of China on Expanding the Access Varieties of Fruit, Vegetables and Aquatic Products Originated from Taiwan Region

[2006] No. 58

In accordance with related regulations, as from May 1, 2006, the access varieties of fruit originated from Taiwan region to the mainland
are expanded from 18 to 22, namely pineapple, banana, sweetsop, pawpaw, carambola, mango, guava, wax apple, areca, tangerine, shaddock,
Chinese date, coconut, loquat, mei, plum, persimmon, peach, lemon, orange, dragon fruit, cantaloup. 11 varieties of vegetables are
accessible to the mainland, namely lettuce, towel gourd, Pak-choi, no-heading Chinese cabbage, balsam pear, taro, cabbage, cauliflower,
carrot, onion, horseradish. The aquatic products fished by original Taiwan fishermen shall be transported to Fujian. In light of
the mainland self-fishing of the fishing boats procedure, they shall be reported to inspection and quarantine departments for inspection
with the self-fishing License in mare liberum, trade contracts and invoices. Provision of Sanitation Certificate issued by department
of administration of Taiwan shall be exempted.

Specially announced hereby.

General Administration of Quality Supervision, Inspection and Quarantine

April 19, 2006



 
General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China
2006-04-19

 







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...