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CIRCULAR OF THE MINISTRY OF FINANCE OF THE PEOPLE’S REPUBLIC OF CHINA, ON ANNULLING THE ADMINISTRATION LICENSING FEES OF FOREIGN ACCOUNTING FIRMS IN IMPLEMENTING INTERIM AUDITING BUSINESS IN CHINA

Ministry of Finance

Circular of the Ministry of Finance of the People’s Republic of China, on Annulling the Administration Licensing Fees of Foreign Accounting
Firms in Implementing Interim Auditing Business in China

Cai Kuai [2006] No. 7

March 2, 2006

The Financial Offices (Bureaus) in all the provinces, autonomous regions, municipalities and Financial Bureaus of Shenzhen City:

In accordance with Law of the PRC on Certified Public Accountants, Foreign Accounting Firms’ relevant business in China shall be approved
by finance department of the People’s Government of related provinces, autonomous regions, municipalities.

In accordance with Law of Administrative Licensing, the administration licensing fees of Foreign Accounting Firms in implementing
interim auditing business in China shall be annulled as of the date of promulgation of this Circular.



 
Ministry of Finance
2006-03-02

 






LETTER OF CHINA BANKING REGULATORY COMMISSION CONCERNING THE APPROVAL TO DALIAN BRANCH OF JAPAN MIZUHO CORPORATE BANK, LTD. TO DEAL IN PROVIDING RMB BUSINESS SERVICE FOR NON-FOREIGN-FUNDED ENTERPRISES

Letter of China Banking Regulatory Commission concerning the Approval to Dalian Branch of Japan Mizuho Corporate Bank, Ltd. to Deal
in Providing RMB Business Service for Non-foreign-funded Enterprises

Japan Mizuho Corporate Bank, Ltd

The letter which was sign by Hiroshi Saito, president of your bank, and was addressed to this Commission has been received.

The following reply is hereby given to you according to the Regulation of the People’s Republic of China on the Administration of
Foreign-funded Financial Institutions (Order No. 340 of the State Council, hereinafter referred to as the Regulation) and the Detailed
Rules for the Implementation of the Regulation of the People’s Republic of China on the Administration of Foreign-funded Financial
Institutions (Order No. 4 of China Banking Regulatory Commission, hereinafter referred to as the Detailed Rules):

Your Dalian Branch is approved to deal in RMB business services for non-foreign-funded enterprises under the scope prescribed in Article
17 of the Regulation.

After going through the statutory formalities in accordance with the Regulation and the Detailed Rules, your Dalian Branch may, under
Article 35 of the Detailed Rules, deal in providing foreign exchange services for various clients under the following scope; providing
RMB business services for foreign-funded enterprises, China-based foreign institutions, mainland-based representative offices of
the enterprises set up by Hong Kong, Macao and Taiwan, aliens, compatriots from Hong Kong, Macao and Taiwan, and the non-foreign-funded
enterprises; pooling public deposits, granting short-term, medium-term and long-term loans, transacting acceptance and discount of
negotiable instruments, buying and selling government bonds and financial bonds, buying and selling non-stock negotiable instruments
denominated in a foreign currency, providing services on letter of credit and guaranties, transacting domestic and overseas settlements,
buying and selling foreign currencies, buying and selling foreign currencies for itself or on a commissioned basis, converting foreign
currencies, inter-bank funding, bank card business, safety-deposit box, providing credit-standing investigation and consultation
services, as well as other business activities upon approval of China Banking Regulatory Commission.

China Banking Regulatory Commission

March 13, 2006



 
China Banking Regulatory Commission
2006-03-13

 






CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON SUSPENDING THE EXPORT TAX REFUNDING ON GASOLINE AND NAPHTHA

the Ministry of Finance, the State Administration of Taxation

Circular of the Ministry of Finance and the State Administration of Taxation on Suspending the Export Tax Refunding on Gasoline and
Naphtha

Cai Shui [2006] No.42

The finance offices or bureaus and the state taxation bureaus of all provinces, autonomous regions, municipalities directly under
the Central Government and cities under separate state planning, and Sinkiang Production and Construction Corp.,

Upon the approval of the State Council, the policy of export value-added tax refunding on vehicle-use gasoline and aviation gasoline
with the tariff number of 2710111O and the naphtha with the tariff number of 27101120 shall be suspended from March 14, 2006. The
specific time for implementation shall be the export date as indicated by the customs in the Declaration on Export Goods (Used specifically
for export tax refunding).

the Ministry of Finance

the State Administration of Taxation

March 21, 2006



 
the Ministry of Finance, the State Administration of Taxation
2006-03-21

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT ISSUES ABOUT FOREIGN EXCHANGE ADMINISTRATION ON DUTY-FREE COMMODITIES

Circular of the State Administration of Foreign Exchange on Relevant Issues about Foreign Exchange Administration on Duty-free Commodities

Hui Fa [2006] No. 16

April 3, 2006

The branches and foreign exchange management departments under the State Administration of Foreign Exchange in all provinces, autonomous
regions, and municipalities directly under the Central Government, the branches in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo;
and all designated Chinese-funded foreign exchange banks,

In order to meet the need for the entry/exit personnel who may purchase the duty-free commodities for consumption in the duty-free
shops within the territory, and facilitate the operations of the duty-free commodity industry, and accommodate to the growing demand
of such traveling personnel as businesspeople and tourists, the following circular is hereby made on relevant issues about improving
the foreign exchange control on duty-free commodities:

I.

The “duty-free commodities” as mentioned in this Circular means the import and home-made commodities sold to specific objects as
prescribed by the General Administration of Customs by duty-free commodities operating units and duty-free shops according to the
kinds of management approved by the General Administration of Customs, including duty-free commodities and duty-free foreign exchange
commodities.

The “duty-free commodities operating entities” as mentioned in this Circular means the enterprises that have the qualification for
carrying out the business of duty-free commodities operations upon the approval of the State Council or the department authorized
thereby.

The “duty-free shops” as mentioned in this Circular means the enterprises established by the duty-free commodities operating entities
at the prescribed places for the purpose of selling duty-free commodities upon the approval of the General Administration of Customs.

II.

Duty-free commodities may be priced and settled in foreign currency or Renminbi when they are sold.

III.

When selling duty-free commodities, which are priced and settled in foreign currency or Renminbi, they shall comply with the relevant
provisions on the management of Renminbi exchange rate.

IV.

The duty-free commodities operating entities and the duty-free shops may, according to the provisions of foreign exchange administrative
departments, open foreign exchange current accounts for the settlement of duty-free commodities.

V.

The quota of the foreign exchange current accounts of duty-free commodities operating entities and duty-free shops shall be 100%
approved in the foreign exchange income under the current items of the enterprises.

The range of income of the foreign exchange current accounts of duty-free commodities operating entities shall include: foreign exchange
income for operating duty-free commodities and the affiliated expenses, and foreign exchange income transferred into by each duty-free
shop and other foreign exchange income under the current items. The range of expenditures shall be the payment made for purchasing
the commodities both home and abroad which are operated upon the approval of the General Administration of Customs and the affiliated
expenses as well as other foreign exchange outlays under the current items, and the approved foreign exchange outlays under the capital
item.

The range of income of the foreign exchange accounts under the current items of duty-free shops shall be the foreign exchange income
for selling duty-free commodities and the affiliated expenses as well as other foreign exchange income under the current item. The
range of expenditures shall be the payment made for import goods to the operating entities and the affiliated expenses as well as
other foreign exchange outlays under the current item, and the approved foreign exchange outlays under the capital item.

VI.

In accordance with the provisions of the State Council that the duty-free commodities operating entities shall be responsible for
importing duty-free commodities, duty-free commodities operating entities shall go through the formalities for the purchase and payment
of foreign exchange for import and go through verification formalities according to the relevant provisions of foreign exchange control.

VII.

The payment may be settled in either foreign currency or Renminbi when a duty-free shop pays for import goods and the affiliated
expenses to duty-free commodities operating entities.

VIII.

The foreign currency cash from the income of selling duty-free commodities by duty-free commodities operating entities and duty-free
shops may be deposited into their foreign exchange current accounts. Unless there is necessity to retain a proper scale of changes
for the stock due to the turnover of capital, the duty-free commodities operating entity or duty-free shop may not hold large sum
of foreign currency cash.

IX.

All of the provisions of this Circular on duty-free commodities operating entities and duty-free shops shall apply to the duty-free
commodities enterprises that have the functions of both duty-free commodities operating entities and duty-free shops concurrently.

X.

Other foreign exchange income and expenses involved in the operation of duty-free commodities shall be subject to the relevant state
provisions of foreign exchange management.

XI.

The State Administration of Foreign Exchange and its branches and subsidiaries and foreign exchange management departments shall
have the right to inspect duty-free commodities enterprises such as duty-free commodities operating entities and duty-free shops
and investigate and punish any enterprise that violates the regulations according to the Regulation on Foreign Exchange Management
of the People’s Republic of China and the relevant provisions on foreign exchange management.

XII.

This Circular shall be carried out 30 days after the day of its promulgation, and the Circular on the Relevant Issues concerning
Foreign Exchange Administration of Duty-free Commodities Business (Hui Guan Han Zi [96] No.273 ) shall be abolished simultaneously.

After receiving this Circular, each branch administration of foreign exchange shall forward it to the branches and foreign-funded
banks under its jurisdiction as soon as possible. Each designated Chinese-funded foreign exchange bank shall circulate this Circular
to its subordinate branches as soon as possible after receiving this Circular. If any problem is encountered in the implementation,
please feed them back to the Current Items Administrative Department of the State Administration of Foreign Exchange in time.

Contact telephone: (010) 68402280

Fax:￿￿010￿￿68402272



 
State Administration of Foreign Exchange
2006-04-03

 






OFFICIAL REPLY OF THE CHINA SECURITIES REGULATORY COMMISSION THE SETTING UP OF GUOTAI JUNAN FINANCIAL HOLDING CO., LTD. BY GUOTAI JUNAN SECURITIES CO., LTD. IN HONG KONG SAR

Official Reply of the China Securities Regulatory Commission the Setting up of Guotai Junan Financial Holding Co., Ltd. by Guotai
Junan Securities Co., Ltd. in Hong Kong SAR

Zheng Jian Ji Gou [2006] No. 82

Guotai Junan Securities Co., Ltd.,

Your application materials on the setting up of Guotai Junan Financial Holding Co., Ltd. in Hong Kong SAR have been received. After
examination, the following reply is hereby given.

1.

Your company is authorized to set up Guotai Junan Financial Holding Co., Ltd. in Hong Kong SAR.

2.

Your company shall, in accordance with the relevant provisions of the State, appropriate the capital and assign employees to Hong
Kong SAR. The resumes of those persons who are dispatched to Hong Kong SAR as well as the approval documents on dispatching them
to Hong Kong SAR shall be reported to this Commission for archival filing.

3.

Zhu Youyi is selected as the principal of Guotai Junan Financial Holding Co., Ltd without demurrer form our Commission. In the event
that any senior manager of your overseas institutions is to be changed, you shall report it to this Commission beforehand.

4.

The business management and risk control mechanism of your overseas institutions shall be further improved and perfected, your company
shall make monthly financial reports on overseas institutions to this Commission, and send a copy of all the information as required
to be submitted by the overseas securities regulatory institution to our Commission in a timely manner. Without authorization of
our Commission, your company may not conduct financing or provide guaranty for any overseas institution.

5.

Your company shall make a timely report to this Commission on the following significant matters: (1) the occurrence of an illegal
act or major loss; (2) any cheat or fraud act of an employee of any overseas institution, which involves a large amount of money
and has caused comparatively large economic losses; and (3) any other important matter that should be reported to the local regulatory
bureau in accordance with the provisions.

6.

The institution set up by your company in Hong Kong SAR shall rigorously comply with the laws of Hong Kong SAR and shall be supervised
by the securities regulatory organ of Hong Kong SAR.

China Securities Regulatory Commission

April 28, 2006



 
China Securities Regulatory Commission
2006-04-28

 






ANNOUNCEMENT NO. 24, 2006 OF MINISTRY OF COMMERCE ON ARBITRATION OF ANTI-DUMPING OF FOOD ADDICTIVES OF RIBONUCLEOTIDE ORIGINATING FROM JAPAN AND THE REPUBLIC OF KOREA

Ministry of Commerce

Announcement No. 24, 2006 of Ministry of Commerce on Arbitration of Anti-dumping of Food Addictives of Ribonucleotide Originating
from Japan and the Republic of Korea

[2006] No. 24

In accordance with Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce of the People’s Republic of China
released announcement on Nov 12, 2004, deciding to carry out anti-dumping investigation on food addictive of ribonucleotide (hereinafter
referred to as “investigated commodities”) originating from Japan and the Republic of Korea.

In line with investigation, Ministry of Commerce finally verdicts dumping of the investigated commodities, injures the domestic food
addictives of ribonucleotide industry, and the existence of causality between dumping of the investigated commodities and the injury
of domestic industry.

In accordance with Anti-dumping Regulations of the People’s Republic of China, Tariff Committee of the State Council decides to impose
anti-dumping duties on food addictives of ribonucleotide originating from Japan and the Republic of Korea as from May 12, 2006, the
tariff codes of which are 29349990 and 38249090 in Import and Export Tariff of the People’s Republic of China.

Rate of Anti-dumping Duties on Different Companies:

Companies in Japan 119%

Companies in Republic of Korea:

Daesang Corporation 25%

All others 119%

The duration of the anti-dumping duties on food addictives of ribonucleotide originating from Japan and the Republic of Korea is 5
years as from May 12, 2006.

Appendix: Ministry of Commerce’s Final Arbitration on Anti-dumping Investigation on Food Addictives of Ribonucleotide Originating
from Japan and the Republic of Korea

Ministry of Commerce

May 12, 2006



 
Ministry of Commerce
2006-05-12

 






REPLY OF THE STATE ADMINISTRATION OF TAXATION CONCERNING THE ISSUE OF COLLECTING BUSINESS TAX ON CONTRACTED LABOR SERVICES

Reply of the State Administration of Taxation concerning the Issue of Collecting Business Tax on Contracted Labor Services

Guo Shui Han [2006] No. 493

The Bureau of Local Taxation of Xinjiang Uygur Autonomous Region:

Your Request for the Instructions on Collecting Business Tax on Contracted Labor Services (Xin Di Shui Fa [2005] No. 169) has been
received, and the reply is hereby given as follows:

Where any construction and installation enterprise sublets part of the pure labor services of an engineering project it undertakes
to several construction enterprises, in which the construction and installation enterprise provides the construction technologies
and materials and takes charge of supervision over the quality of the project, and the labor services are provided by the employees
of the construction enterprises, and the construction enterprises uniformly settle the project money with the construction and installation
enterprise in accordance with their respective amount of work . In light of the relevant provisions on the current business tax,
the construction labor services provided by the construction enterprises belong to the taxable labor services provided to the construction
industry , so the business tax on their incomes shall be collected according to the tax item of “construction industry”.

State Administration of Taxation

May 24, 2006



 
State Administration of Taxation
2006-05-24

 






CIRCULAR OF THE MINISTRY OF COMMERCE CONCERNING PRINTING AND DISTRIBUTING OF DETAILED RULES ON THE IMPLEMENTATION OF COORDINATION AND MANAGEMENT OF LARGE SCALE COMPLETE SET TELECOMMUNICATION EXPORT ITEMS

Circular of the Ministry of Commerce concerning Printing and Distributing of Detailed Rules on the Implementation of Coordination
and Management of Large Scale Complete Set Telecommunication Export Items

Shang Chan Fa [2006] No. 185

The commerce authorities in charge in all provinces, autonomous regions, municipalities directly under the Central Government, cities
specifically designated in the state plan and Xinjiang Production and Construction Corps the relevant chambers of commerce, the relevant
enterprises, as well as all field commercial authorities:

In accordance with the Measures of the Ministry of Foreign Trade and Economic Cooperation for the Administration and Coordination
of Large Scale Unit Machine and Complete Set Telecommunication Equipment Export Items ([2001] No. 33), the Ministry of Commerce,
through consultation with the relevant authorities, formulated the Detailed Rules on the Implementation of Coordination and Management
of Large Scale Complete Set Telecommunication Export Items. It is hereby printed and distributed to you for observance and implementation.
You shall inform the Ministry of Commerce of any problems in the process of implementation.

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

June 5 2006
Appendix:
Detailed Rules on the Implementation of Coordination and Management of Large Scale Complete Set Telecommunication Export Items
Chapter I General Principles

Article 1

In order to further standardize the market order of Chinese large-scale complete set telecommunication equipment export, strengthen
the coordination and administration upon export items, prevent inappropriate competition activities, promote the sound, sustained
and stable development of the export of large-scale complete set telecommunication equipment and to maintain the overall interest
of China as well as the legitimate interests and rights of the enterprises, the Detailed Rules is hereby formulated in accordance
with the Measures of the Ministry of Foreign Trade and Economic Cooperation for the Administration and Coordination of Large Scale
Single Machine and Complete Set Telecommunication Equipment Export Items ([2001] No. 33).

Article 2

The large-scale complete set telecommunication equipment as mentioned in the Detailed Rules refers to the telecommunication export
item with the contractual sum no less than $10 million, the telecommunication export items valued no less than $ 5 million using
the export credit loan of the People’s Republic of China, the preferential governmental foreign assistance loan or the buyer-side
credit loan for preferential export, as well as the export credit insurance.

Article 3

The Ministry of Commerce and the relevant authorities shall establish the leading group for the coordination of the export items
of large-scale complete set telecommunication equipment to guarantee the smooth implementation of the Detailed Rules. The directorship
of the leading group shall be assumed by the leaders of the Ministry of Commerce and the member units shall include the relevant
authority in charge of the Ministry of Foreign Affairs, the Ministry of Information Industry, the Import and Export Bank of China,
as well as the relevant departments and bureaus of, the regional departments, the mechanic and electrical chambers of commerce, and
the contract of chamber of commerce. The office of the leading group shall be established in the Department of Mechanical, Electronic
and Hi-tech Industry of the Ministry of Commerce. The leading group shall authorize the mechanical and electronic chamber of commerce
and the contract chamber of commerce (hereinafter referred to as “the chamber of commerce”) to be responsible for the detailed coordination
matters.

The responsibilities of the leading group shall include: to be responsible for formulating the whole strategy for standardizing the
market order of large-scale complete-set telecommunication equipment, to strengthen the communication and exchange and coordination
of different sectors, and to be responsible for reporting the relevant issues regularly. The concrete measures for the coordination
mechanism of the leading group shall be otherwise formulated.

Chapter II Business Scope of the Items and the Access Qualification of the Enterprises

Article 4

The large-scale whole complete set telecommunication equipment as mentioned herein includes the following scopes

(1)

Content of the item: supply of equipment, technological design, technology transfer, installation, adjustment and guidance, the supply
of parts of components, after-sale service as well as the corresponding services.

(2)

Means of the public item bidding: international public bidding, biding invitation, tender discussion as well as other means of bidding
invitation.

(3)

Means for the implementation of the item: general contract, subcontract as well as other means.

Article 5

The enterprises participating in the export items of large-scale complete set telecommunication equipments shall have the following
conditions:

(1)

Having the business license of the enterprise legal person verified and issued by the industrial and commercial administrative authority;

(2)

Having sound capital credit and business operation;

(3)

Having the necessary technical staff for carrying out large-scale complete set telecommunication equipment, complete and sound organs,
perfect rules and regulations;

(4)

According with other conditions prescribed in the relevant national laws, rules and regulations.

Chapter III Coordination Principle and Procedure

Article 6

The coordination for the export of large-scale complete set telecommunication equipment shall abide by the following principles:

(1)

Openness, fairness, equity, good faith, and high efficiency;

(2)

To stop inappropriate competition and guarantee the legitimate rights and interests of the enterprises;

(3)

To maintain the normal export order and the whole national interest;

(4)

To protect the interest of the market developers, and ” the developers shall benefit from it”;

(5)

To fully respect the opinion of the embassies and consulates(the economic and commercial counselor’s office )￿￿

(6)

To encourage the alliance of enterprises to cope with the competition of foreign ones and to realize advantageous complementation;

(7)

Helpful to the improvement of the rate of bidding of Chinese enterprises;

(8)

Helpful to the promotion of the economic efficiency of the enterprises.

Article 7

The chamber of commerce shall be responsible for the early period of coordination of the export items of large-scale complete set
telecommunication equipment. Such enterprises as are scheduled to attend the items of large-scale complete set telecommunication
equipment shall submit to the chamber of commerce its application for the bid-invitation within 25 days prior to the tender closing
date and the tender-discussion items within 20 days as of the conclusion of the summary of conference report and the cooperation
agreement respectively. The enterprises shall promptly and initiatively report the progress of the items to the Chinese embassies
and consulates in foreign countries (the economic and commercial counselor’s office) and shall be subject to the guidance hereof.

The chamber of commerce shall otherwise prescribe the disciplines and rules for standardizing the acts of the enterprises.

Article 8

The export enterprises of large-scale complete set telecommunication equipment enterprises shall present the following documents
while applying for the items herein:

(1)

The item application report;

(2)

The Declaration of Export Items of Large-scale Single Machine and Complete Set Equipment;

(3)

The explanation about the negotiation with the clients and the technical requirement of the items;

(4)

Such documents as letter of intent, summary of conference and memorandums concluded with the clients;

(5)

The opinions of the Chinese embassy and the consulate in written form about the access of the enterprise;

(6)

Where the item is involved in the export technology limited by the national government, the Approval Intent Letter of the Technology
of the People’s Republic of China shall be submitted;

(7)

Other relevant documents necessary for the item.

Article 9

The chamber of commerce shall, within 20 working days after the expiration date of the item application, strictly examine the declaration
documents of the enterprises and raise the coordination opinion and inform the relevant enterprises in written in accordance with
the principle of coordination on the basis of soliciting the opinions of all parties such as the embassy, consulate in foreign countries(
the economic and commercial counselor’s office) and experts, and submit the copy one to the leading groups office, the relevant departments
and bureaus, the relevant Chinese embassy and consulate in foreign country￿￿the economic and commercial counselor’s office￿￿for record.

In accordance with the concrete situation, the chamber of commerce may, by means of convening item coordination conference and expert
panel discussion, invite the leading group office and the relevant departments, bureaus, experts, banks and the insurance institution
to attend and coordinate it after having verified the item, fully heard the opinions of all parties. The important coordination items
shall be determined after the chamber of commerce has raised the relevant opinion and reported it to the leading group for study.

Article 10

The chamber of commerce shall submit to the relevant banks and insurance institutions the copy of the coordination opinion about
the items which require the submission of export credit loan, preferential governmental foreign assistance loan or the preferential
buyer-side export credit loan. The relevant banks and insurance institutions shall undertake independent assessment in accordance
with the coordination opinion hereof and the relevant provisions of export credit loan and export insurance administration, and issue
the letter of intents of loan acceptance and insurance for those items meeting the export requirement.

Article 11

The large-scale complete set telecommunication equipment export enterprises shall, after having received the coordination opinion
of the chamber of commerce, abide by and fulfill it and inform the chamber of commerce of the progress of the items. The enterprises
hereof shall, after having concluded contract with foreign businessman, submit to the chamber of commerce the major contents of the
contract as well as the relevant issues in written form.

Article 12

Where the large-scale complete set equipment export enterprise has objection to the coordination opinion hereof, it shall, within
15 days after its receipt of the cooperation opinion, lodge a complaint to the leading group office, which shall, within 10 days
as of its receipt of the application, make a rule hereupon, and submit the important proceedings to be decided by the leading group.
The rule shall, once received, come into effect and be abided by the complainant. The enterprises shall, during the period of complaint,
fulfill the coordination opinion of the chamber of commerce.

Article 13

Where the large-scale complete set telecommunication equipment export enterprise disagrees with the rule made by the leading group
(office), it may lodge administration reconsideration or administrative suit.

Article 14

The leading group shall encourage and actively promote the establishment of middle and high-level consultation mechanism among the
large-scale complete set telecommunication equipment export enterprises and the chamber of commerce shall take the lead in conducting
market coordination, information exchange and jointly concluding various discipline agreements among enterprises.

Article 15

When the large-scale complete set telecommunication export enterprises apply for the for the access of the items concerning the signature
ceremony of high level visit during the period of abroad visit of national leaders and the visit of foreign leaders, they shall meet
the following conditions:

(1)

the items which are necessary for the diplomacy of the People’s Republic of China and win the express support of the embassy and
consulate hereof(the economic and commercial counselor’s office);

(2)

the items which have been applied to and been recommended by the chamber of commerce;

(3)

the items which require the financial institutions of the People’s Republic of China to provide finance and export insurance acceptance
items and have the letter of intent concerning loan and insurance acceptance;

(4)

the items which are mature and meet the relevant agreement concluded during the period of high-level visit;

(5)

the item owner and the authorities in charge of that country agree to sign the relevant agreement.

Whether the items shall be included in the signature ceremony of high-level visit shall be determined by the authority in charge with
the consultation of the relevant departments of the Ministry of Commerce after the suggestion hereof has been raised by the chamber
of commerce, submitted to the leading group and been jointly studied and approved by the leading group and the relevant authorities.

Where the large-scale complete set telecommunication equipment export enterprise apply to donate equipment to a foreign side during
the period of the abroad visit of the national leader hereof and the visit of the foreign leader, the chamber of commerce shall raise
the suggestion by the chamber of commerce in accordance with the actual situation, submitted to and determined by the leading group.

Article 16

The large-scale complete set telecommunication equipment export item using preferential export credit loan of the buyer’s side shall
be administered in accordance with such documents as the Circular of the Ministry of Finance, the Ministry of Foreign Affairs, the
Ministry of Commerce and the People’s Bank of China on Printing and Distributing the Interim Measures for the Administration of Preferential
Export Credit from the Buyer’s Side(Cai Jin[2004] No.46) and the coordination shall be enforced by referring to the Detailed Rules
hereof.

The export items of large-scale complete set telecommunication equipment using preferential governmental foreign assistance loan shall
be administered in accordance with such documents as the Circular of the Ministry of Foreign Trade and Economic Cooperation, the
Ministry of Finance, the People’s Bank of China, China Import and Export Bank concerning the promulgation of the Measures about the
Supply of Preferential Loan Assistance to Foreign Countries( Wai Jing Mao Yuan Fa [2001] No. 122) and the cooperation shall be enforced
by referring to the Detailed Rules hereof.

Chapter IV the Coordination Rules and the Penalty Discipline

Article 17

The relevant personnel involved in the coordination of the items shall strictly abide by the industrial morality and the coordination
discipline and impartially undertake the coordination in accordance with the rules. Where the abuse of power, favoritism, negligence
and the revelation of commercial credentials occur in the process of the coordination of the items, the relevant authority shall
give the corresponding administrative treatment. Where they constitute crime, the judicial authority shall trace the legal liability
in accordance with the relevant law.

Article 18

The enterprises involved in large-scale complete set telecommunication equipment export items shall strictly abide by the relevant
laws, rules and operation it in accordance with the relevant laws, shall not harm the national interest and the legitimate interest
of the enterprises of the same profession. The following acts of the enterprises shall be deemed as unfair competition:

(1)

Harming the interest of the nation and the other domestic enterprises;

(2)

Interfering the items which have won the bid and concluded contract by means of donation and low price;

(3)

Maliciously defaming other domestic enterprises by any means;

(4)

Hunting the staff of other enterprises by unfair means;

(5)

Not applying the items in accordance with the relevant laws and rules or participating the items without accepting the coordination;

(6)

Not implementing the coordination opinion, participating the items without lodging complaint within the prescribed time limit and
fulfilling the rule;

(7)

Revealing the coordination and other relevant situation outside;

(8)

Violating the coordination procedure;

(9)

Having falsification in the application, registration or bid tender(invitation);

(10)

Offering price outside about the domestic financial items without the authorization of the relevant domestic financial institution;

(11)

Not abiding by the laws, rules and customs of the local nation or region;

(12)

Other acts in violating of the relevant laws and rules.

Article 19

Where the large-scale complete set telecommunication export equipment violates the relevant laws, the chamber of commerce shall investigate,
verify and submit the information hereof to the leading group, which shall render warning, grave warning or notice of criticism and
give such punishments as the temporary suspension of the item participation qualification, and the exclusion these items of the promotion
and support in the bilateral governmental mechanism, the preferential governmental loan or the preferential export credit from the
buyer’s side.

Article 20

The leading group shall inform the relevant banks and insurance institutions of the relevant situation about the large-scale complete
set telecommunication equipment export enterprises of which violate the relevant rules and the banks and financial institutions herein
shall not issue the letter of intents of item loan acceptance and item insurance acceptance.

Chapter V Supplementary Provisions

Article 21

The Ministry of Commerce shall be responsible for interpreting the Detailed Rules herein.

Article 22

The Detailed Rules shall be implemented as of 30 days after the promulgation of the Detailed Rules.



 
Ministry of Commerce
2006-06-05

 






NOTICE OF THE STATE ADMINISTRATION OF TAXATION AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ENLARGING THE SCOPE OF EXPORT ENTERPRISES UNDER THE PILOTING EXEMPTION FROM SUBMITTING ANY PAPER VERIFICATION AND WRITING-OFF FORM ON EXPORT PROCEEDS OF FOREIGN EXCHANGE IN CLAIMING TAX REFUND FOR EXPORT

Notice of the State Administration of Taxation and the State Administration of Foreign Exchange on Enlarging the Scope of Export Enterprises
under the Piloting Exemption from Submitting any Paper Verification and Writing-off Form on Export Proceeds of Foreign Exchange in
Claiming Tax Refund for Export

Guo Shui Fa [2006] No. 91

The state taxation administrations of all provinces, autonomous regions, municipalities directly under the Central Government and
the cities under separate state planning, the branches and management departments of foreign exchange of the State Administration
of Foreign Exchange in all provinces, autonomous regions, and municipalities directly under the Central Government, and the municipal
branches of the State Administration of Foreign Exchange in Shenzhen, Dalian, Qingdao, Xiamen and Ningbo:

According to the Notice of the State Administration of Taxation and the State Administration of Foreign Exchange on Piloting Exemption
from Submitting any Paper Verification and Writing-off Form on Export Proceeds of Foreign Exchange in Claiming Tax Refund for Export
(No. 1051 [2005] of the State Administration of Taxation), the piloting work on export enterprises being exempted from submitting
any paper verification and writing-off form on export proceeds of foreign exchange in claiming tax refund for export has been carried
out in Beijing, Guangdong and Liaoning, and certain achievements have been made. At present, the state taxation administrations and
the branches and management departments of foreign exchange of the State Administration of Foreign Exchange (hereinafter referred
to as the foreign exchange bureaus) in these three places have submitted a written request for further enlarging the scope of the
piloting export enterprises. With a view to promoting the work of ” system of Online Reporting to be examined of the Verification
and Writing-off of Export Proceeds of Foreign Exchange”, facilitating the trade and optimizing the services of tax refund for export,
the State Administration of Taxation and the State Administration of Foreign Exchange decide, upon deliberation, to promote the piloting
work by enlarging the scope of export enterprises exempted from submitting any paper verification and writing-off form on export
proceeds of foreign exchange in their claims on tax refund for export, and thus notice the relevant matters as follows:

1.

As of June 1, 2006 (the export date as indicated on the declaration form of exported goods of export enterprises (exclusively used
for tax refund for export) shall prevail), the scope of the export enterprises exempted from submitting any paper verification and
writing-off form on export proceeds of foreign exchange in their claims for tax refund for export shall be further enlarged in Beijing,
Guandong and Liaoning, namely:

(1)

all the export enterprises of Bejing Municipality;

(2)

all the export enterprises of Guangzhou, Zhongshan and Meizhou City in Guandong Province; and

(3)

all the export enterprises of Shenyang in Liaoning Province.

2.

Guangdong Province and Liaoning Province may, in light of the progress of the piloting work, further enlarge the scope of the piloting
export enterprises by the end of 2006, namely, all the export enterprises of Zhuhai, Foshan, Jiangmen, Dongwan, Huizhou and Zhaoqing
City of Guangdong Province, and all the export enterprises of Liaoning Province. The state taxation bureaus and foreign exchange
bureaus of Guangdong Province and Liaoning Province shall, before the implementation of the said policies, report the relevant situation
to the State Administration of Taxation and the State Administration of Foreign Exchange for archival filing.

3.

The piloting plans of Guangdong Province and Liaoning Province shall be modified, and unless it is under any special circumstance,
the relevant foreign exchange bureau may semi-annually submit to the state taxation bureau at the provincial level a paper Electronic
Data Checklist of Export Proceeds of Foreign Exchange that Have been Verified and Written off for archival filing.

The piloting export enterprises of Liaoning Province are not required to submit to the administrative tax authority any paper Electronic
Data Checklist of Export Proceeds of Foreign Exchange that Have been Verified and Written off when claiming for tax refund (exemption)
of exported goods. In the case of no electronic data on the verification and writing-off of export proceeds of foreign exchange,
it shall be coped with in accordance with the provisions of Article 5 of the attachment to the Letter of the State Administration
of Taxation No. 1051 [2005].

4.

The state taxation bureaus and the state foreign exchange bureaus in the piloting regions shall, in accordance with the relevant
provisions of Document No. 1051 [2005] of the State Administration of Taxation, do a good job in enlarging the pilot work. Both parties
shall further enhance the cooperation and collaboration, and guarantee the safety of the electronic data on the verification and
writing-off of export proceeds of foreign exchange. The state taxation bureaus at all levels shall strengthen the internal transfer,
utilization and management of the electronic data. The state taxation bureaus at the provincial level of the piloting regions shall
formulate relevant measures for re-verifying, supervising and managing the electronic data on the verification and writing-off of
export proceeds of foreign exchange.

5.

Other regions where the “System of Online Reporting to be examined of the Verification and Writing-off of Export Proceeds of Foreign
Exchange” has been applied, shall actively study the specific measures for the export enterprises within their regions being exempted
from submitting any paper verification and writing-off form on export proceeds of foreign exchange in the claim for tax refund for
export. Those regions with mature conditions may apply for the piloting work with the State Administration of Taxation and the State
Administration of Foreign Exchange. Without the approval of the State Administration of Taxation and the State Administration of
Foreign Exchange, no region may unlawfully alter the present measures for administrating the verification and writing-off form on
export proceeds of foreign exchange for tax refund for export.

State Administration of Taxation

State Administration of Foreign Exchange

June 19, 2006



 
State Administration of Taxation, the State Administration of Foreign Exchange
2006-06-19

 






MEASURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF SHANGHAI DIAMOND EXCHANGE

Decree No. 152 of the General Administration of Customs

No. 152

The Measures of the Customs of the People’s Republic of China for the Administration of Shanghai Diamond Exchange have been adopted
at the executive meeting of the General Administration of Customs on August 29, 2006. They are hereby promulgated and shall enter
into effect as of the promulgation date. The Interim Measures of the Customs of the People’s Republic of China for the Administration
of Diamonds of Shanghai Diamond Exchange implemented as of April 29, 2002 shall be concurrently abolished.

Director of General Administration of Customs, Mu Xinsheng

September 11, 2006

Measures of the Customs of the People’s Republic of China for the Administration of Shanghai Diamond Exchange
Chapter I General Rules

Article 1

In order to regulate the administration of Shanghai Diamond Exchange by the Customs, the present Measures are formulated according
to the Customs Law of the People’s Republic of China and other related laws and administrative regulations.

Article 2

Shanghai Diamond Exchange (hereinafter referred to as the SDE) means the venue for the import and export of diamonds and diamond
transactions set up upon approval of the State Council and under the control of the special administration of the customs.

According to the law, the customs shall set up a customs office in the SDE, which shall adopt closed management for this area by exercising
functions.

Article 3

The import and export trade, storage, exhibition, entrusted processing and other diamond businesses approved by the customs office
may be implemented in the SDE.

Article 4

The import and export of diamonds through general trade shall handle the import and export declaration procedures in the customs
office of the SDE.

The import and export of diamonds through processing trade shall handle the import and export declaration procedures according to
the Measures of the Customs of the People’s Republic of China on the Control of Processing Trade Goods. Because of the diamonds under
the processing trade sold within the territory of China, one shall handle the declaration procedures in the customs office in the
SDE in accordance with the provision of the preceding paragraph.

If the import of diamonds for industrial use through general trade, namely the diamonds under the tariff codes 71022100, 71022900,
71049011 and 71051020, the customs declaration procedures are not handled in the customs office in the SDE in a centralized manner,
and such diamonds shall be under the control of the import tariff and the import link value added tax.

Article 5

The customs office shall inspect and verify the diamonds entering into and exiting from the SDE. The diamond owner, or the member
of the SDE entrusted to carry the diamonds into and out of the SDE (hereinafter referred to as the member) shall, when doing the
examination, be present and take charge of unpacking and resealing the packages of diamonds. The customs office shall, after the
inspection, issue a Confirmation for SDE Diamond Entry / Exit (see format in Annex), which shall be signed for confirmation by the
diamond owner or member, inspector, as well as the officer of the customs office.

Article 6

Any diamond which has not handled the customs procedures or any goods or articles forbidden from import and export may not enter
into or exit from the SDE.

Chapter II Administration of the SDE and Its Members

Article 7

A member shall handle the related registration procedures in the customs office of the SDE upon the strength of the approval documents
of the competent organ and other materials.

A member may handle customs declaration procedures for the import and export of diamonds between the SDE and the domestic areas outside
the SDE, and the archival filing procedures for the import and export of diamonds between the SDE and overseas after the registration.

Article 8

A member shall￿￿according to the laws and administrative regulations￿￿ set up special account books to record the import and export,
inventory, exhibition, entrusted processing and other businesses relating to diamonds.

Article 9

The customs office may inspect the diamonds and the storage places in the SDE.

The customs office may check the SDE and its members. It may examine and copy the related contracts, invoices, account books, foreign
exchange settlement and payment vouchers, commercial correspondence and other written materials, as well as the electronic data referred
to the import and export or transactions.

Article 10

The customs office shall manage the SDE by computer network. The computer management systems shall be set up by SDE and its members
to satisfy the administration requirements of the customs office and be connected to the computer network of the customs office.

Chapter III Administration of Diamonds Entering and Exiting Between the SDE and Areas outside China

Article 11

As regards any diamonds to enter the SDE from abroad or to exit from the SDE for overseas, the member or its entrusted declaration
enterprise approved by and registered in the customs office (hereinafter referred to as the declaration enterprise), shall handle
the archival filing procedures in the SDE, fill out the Customs of the People’s Republic of China – Archival Checklist of Goods Entering
China or the Customs of the People’s Republic of China – Archival Checklist of Goods Exiting from China (hereinafter referred to
as the archival checklists) and file the related documents for verification according to the related provisions.

Article 12

The import tariff, value added tax for the import link, or consumption tax will not be collected by the customs office if diamonds
enter into the SDE from abroad in a direct manner.

Article 13

The customs office will not issue any related document for handling export rebate procedures if the diamonds exit from the diamond
exchange to overseas.

Article 14

As regards any diamonds to enter into the SDE from abroad by freight, the member or declaration enterprise shall handle the declaration
procedures in the customs office of the SDE in advance and it shall handle the customs transit transport procedures in the customs
office of the place where the diamonds are bound to enter into China. If the declaration procedures fail to complete in advance,
the said member or declaration enterprise shall handle the customs transit procedures through direct transit.

Article 15

If any diamonds export from the SDE to any area outside China by freight, the member or declaration enterprise shall handle the related
procedures in the customs office of the SDE and the customs office of the place where the diamonds are bound to exit from China on
the basis of export transit transport.

Article 16

Anyone bound to carry any diamonds into China shall make a declaration in the customs office of the SDE and shall handle the entry
procedures in the customs office of the entry place upon the strength of the archival checklist issued by the customs office of the
SDE. After the customs office of the entry place issues a customs envelop, he shall handle declaration procedures in the customs
office of the SDE.

Chapter IV Administration of Diamonds Entering and Exiting Between the SDE and Areas outside the SDE

Article 17

Where any diamonds enter into any other domestic area from the SDE, the member or declaration enterprise shall handle the import
declaration and tax payment procedures in the customs office of the SDE.

As regards any diamonds to exit from the SDE and to enter any domestic area outside the SDE, they are exempted from the import tariff,
but the consumption tax for the import link shall be levied by the state taxation organ in the consumption link. The raw diamonds
shall be exempted from tax import tariff. The part of actual tax burden of value added tax for the import link in excess of 4% of
the finished diamonds shall be refunded by the customs office immediately upon payment. The concrete measures for the immediate refund
upon payment shall be formulated by Shanghai Customs Office authorized by the General Administration of Customs.

Article 18

As regards any diamonds that are bound to temporarily enter into any area outside the SDE for the reason of exhibition or other business
needs, an application shall be submitted to the customs office of the SDE. Upon approval of the customs office of the SDE, the related
procedures shall be handled in accordance with the administrative provisions of the customs on the goods temporarily imported.

Article 19

For any diamonds which are bound to enter the SDE from domestic outside the SDE, the member or declaration enterprise shall handle
the export declaration procedures in the customs office of the SDE.

Article 20

The diamonds entering and exiting between the SDE and the domestic areas outside the SDE shall be separately counted and recorded
by the customs office of the SDE.

Chapter V Administration of Diamond Processing

Article 21

If a member entrusts an enterprise, which is in an area under the special administration of the customs office, to process any diamonds
within the SDE, it shall be followed to the administration of the customs office according to the related provisions on bonded areas
or export processing areas.

As regards the business of processing of diamonds according to the provisions in the preceding paragraph, the processing period may
not exceed 6 months. If it is necessary to extend the time limit in light of any special circumstance, an extension application shall
be submitted to the customs office and the extension period may not exceed 6 months.

Article 22

If a member entrusts an enterprise, which is not in an area under the special administration of the customs office, to process any
diamonds within the SDE, it shall handle the customs procedures in accordance with the related provisions on processing trade.

Article 23

If a domestic enterprise directly undertakes any overseas business of processing of diamonds, it shall handle the procedures according
to the related provisions on processing trade.

Article 24

As regards any diamonds under processing trade (including those finished diamond ornaments for embedment) sold within the territory
of China, the processing trade enterprise shall handle the domestic sale declaration procedures in the customs office in the SDE
upon the strength of the approval document of the foreign trade administrative department. The competent customs office shall handle
the processing trade writing-off procedures upon the strength of the import customs declaration as well as the related documents.

If any diamonds under processing trade (including those finished diamond ornaments for embedment) are exported to the SDE, the processing
trade enterprise shall handle the export declaration procedures in the customs office in the SDE. The competent customs office shall
handle the processing trade writing-off procedures upon the strength of the import customs declaration as well as the related documents.

Chapter VI Supplementary Rules

Article 25

For the purpose of the present Measures:

The term “diamond” means the unembeded natural or synthetic diamonds (no matter processed or not) under 7102 and 7104 of Chapter 71
of the Import and Export Tariff the People’s Republic of China, as well as the natural or synthetic diamond power under 7105.

The term “inspector” means the professional personnel of the National Gemstone Testing Center.

Article 26

Any citizen, legal person or any other organization may not import or export any diamonds through small-scale border trade.

Article 27

If any act in violation of the present Measures constitutes smuggling or violates the administrative provisions of the customs, the
violator shall be punished by the customs according to the Customs Law of the People’s Republic of China and the Regulation of the
People’s Republic of China on the Implementation of Administrative Punishments. If any crime is committed, the violator shall be
subject to criminal liabilities.

Article 28

The General Administration of Customs shall be responsible for thef interpretation of the present Measures.

Article 29

The present Measures shall enter into force as of the date of promulgation. The Interim Measures of the Customs of the People’s Republic
of China for the Administration of Diamonds of Shanghai Diamond Exchange implemented as of April 29, 2002 shall be concurrently abolished.



 
General Administration of Customs
2006-09-11

 






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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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