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MEASURES FOR THE ADMINISTRATION OF THE INSPECTION AND QUARANTINE OF MEAT PRODUCTS AT ENTRY AND EXIT

The State General Administration of Quality Supervision Inspection and Quarantine

Decree of the State General Administration of Quality Supervision Inspection and Quarantine of the People’s Republic of China

No. 26

Measures for the Administration of the Inspection and Quarantine of Meat Products at Entry and Exit adopted by the meeting of the
General Administration of Quality Supervision, Inspection and Quarantine are hereby promulgated and shall be come into force as of
the day of October 1, 2002.

Minister of the State General Administration of Quality Supervision Inspection and Quarantine, Li Changjiang

August 22, 2002

Measures for the Administration of the Inspection and Quarantine of Meat Products at Entry and Exit

Chapter I General Rules

Article 1

The present Measures have been formulated on the basis of the Law of the People’s Republic of China on the Inspection of Import and
Export Commodities and the regulations for the implementation thereof, the Law of the People’s Republic of China on the Quarantine
of Animals and Plants at Entry and Exit and the regulations for the implementation thereof, the Law of the People’s Republic of China
on the Frontier Hygiene and Quarantine and the detailed rules for the implementation thereof, the Law of the People’s Republic of
China on Food Hygiene and other relevant laws and regulations for the purpose of reinforcing the inspection, quarantine and supervision
of meat products at entry and exit, ensuring the security and hygiene of meat products at entry and exit, preventing epidemic diseases
of animals from entering into our country, protecting the security of production of agriculture and animal husbandry as well as the
health of people, and maintaining the reputation of foreign trade.

Article 2

The present Measures shall be applicable to the inspection, quarantine and supervision of meat products at entry and exit.

Article 3

The term “meat products” as mentioned in the present Measures refers to any part of the slaughtered animal that is edible for the
humans, including the body, meat, viscera, byproducts, and products made of the aforementioned products as raw materials (excluding
cans).

Article 4

The General Administration of Quality Supervision, Inspection and Quarantine of the State (hereafter “the General Administration”)
take charge of the unified administration of the inspection, quarantine and supervision of meat products at entry and exit of the
whole country. The institutions of entry and exit inspection and quarantine set up by the General Administration at all places (hereafter
“inspection and quarantine institutions”) shall be responsible for the inspection, quarantine and supervision of meat products at
entry and exit.

Chapter II Inspection and Quarantine at Entry and Exit

Article 5

The administrative authority of the government of the country or region that exports meat products to China shall enter into a protocol
of inspection and quarantine with the General Administration so as to determine the corresponding requirements for inspection and
quarantine. The inspection and quarantine institutions shall implement inspection and quarantine according to the protocols of inspection
and quarantine and the relevant provisions of the laws and regulations of China.

The General Administration may, where it is necessary, send people to the countries or regions that export meat products to China
to make preliminary inspections.

Article 6

The processing enterprises that export meat products to China shall be subject to registration at the General Administration. The
foreign processing enterprises that fail to be registered at the General Administration may not export their meat products to China.

Article 7

The General Administration adopts the system of quarantine approval to the meat products that enters into China. The consignor of
entry meat products shall go through quarantine approval formalities and obtain a license for entry animal and plant quarantine before
concluding a trade contract.

Article 8

Entry meat products can only enter into China at the ports designated by the General Administration. An entry port shall meet the
following conditions:

(1)

Having refrigerated warehouses that suit the quantity of entry meat products. The conditions of the refrigerated warehouses shall
conform to the Inspection and Quarantine Requirements of Refrigerated Warehouses for Entry Meat Products (see annex). The inspection
and quarantine administrations directly under the General Administration administers the refrigerated warehouses for storing entry
meat products within their respective jurisdictions by way of archivist files.

(2)

The inspection and quarantine institutions at entry ports shall have laboratory facilities necessary for the inspection and quarantine
of meat products and shall be equipped with corresponding professional personnel.

Article 9

Before or when meat products enter into China, the consignor or the agent thereof shall report to the inspection and quarantine institutions
at the entry port for inspection and quarantine by presenting relevant documents, including its license for the quarantine of entry
animals and plants, (the original copy of ) the inspection and quarantine certificates issued by the authorities of the government
of the exporting country or region, the certificate of origin, trade contracts, letters of credit, bills of lading, invoices, etc.

Article 10

The inspection and quarantine institutions shall examine the documents submitted for inspection and quarantine, and if they find that
the documents are eligible, they shall accept the request for inspection, and write off the quantities that have been approved.

If there is no certificate of inspection and quarantine issued by the authorities of the exporting country or region or if the certificates
of inspection and quarantine do not meet the requirements, and if there is no valid licenses for the quarantine of entry meat products,
they shall be returned or destroyed.

Article 11

The containers that carry entry meat products shall be subject to sterilization for preventing epidemics under the supervision of
the inspection and quarantine institutions at the entry port. No entry meat product may be unloaded from the transportation vehicles
without the approval of the inspection and quarantine institutions.

Article 12

The inspection and quarantine institutions at entry port shall execute inspections and quarantines on the spot according to the following
provisions:

(1)

Checking whether the documents are in identity with the name, quantity (weight), serial number of the container, the exporting country
or region, the name of the processing factory, or with the registration number, packaging, lead sealing number, inspection and quarantine
mark or sealing label of the products;

(2)

Checking whether the temperature records of the containers are in conformity with the relevant requirements;

(3)

Checking the packing: on the outside of the packages there should be eye-catching labels written in Chinese and English, indicating
the name, specifications, place of production, date of production, term of quality guarantee, temperature for storage, factory registration
number, destination, etc. The destination must be the People’s Republic of China, and there should be a one-time-use label of inspection
and quarantine at the encapsulation. The inner package must be made from innocuous and harmless new materials and shall indicate
the name of the product and the factory registration number;

(4)

Checking whether there is any sign of going bad or putridity, whether there is impure substances such as peculiar smell, hairs, blood,
ordure, etc. or other harmful impure substances.

Article 13

The entry meat products may, according to the result of on-spot inspections and quarantines, dealt with in the following ways:

(1)

If the products are not in identity with the documents or if they do not meet the standards of our country, they shall be returned
or destroyed;

(2)

If the products have gone bad or have been contaminated by harmful impure substances, they shall be returned or destroyed;

(3)

If the products are suspect of being contaminated by pathogens, samples shall be taken for test and the products shall be sealed up
for further disposal.

Article 14

The entry meat products shall, upon passing the on-spot inspection and quarantine, be carried to the refrigerated warehouses designated
by the inspection and quarantine institutions for storage. In the meanwhile, the inspection and quarantine institutions shall take
samples to make laboratory inspections according to relevant provisions.

Article 15

The following requirements shall be met in sampling:

(1)

The samples shall avoid being polluted in the process of sampling. Special sampling bags shall be used for storing samples or the
samples shall be taken with the original packaging. The samples collected shall be kept in a temperature similar to the environment
of transportation (may be kept in ice or the cold boxes of the refrigerators or low-temperature refrigerators);

(2)

Labels shall be affixed to the container or sampling bag that contains the samples, indicating the name of the samples, number of
the inspection form, source, quantity, place of sampling, samplers, and date of sampling, etc., and a Voucher of Sampling shall be
issued.

Article 16

Laboratories shall inspect the sensory features of the samples to see if the freshness, color and odor are normal, whether there is
any impure substance such as blood, hair, or ordure, etc, whether there are hemorrhages or gore. Where it is necessary, tests of
volatile basic nitrogen (VBN) or braising and steaming may be made.

Article 17

Microbial tests shall be made to the samples of entry meat products and monitors shall be conducted with regard to the physical and
chemical indexes such as heavy metals, pesticide remnants, remnants of animal remedies according to the Plan for Controlling Remnants
of Harmful Substances in Animal-originated Foods.

The microbiological inspection of meat products include mandatory inspection of the total number of bacteria, salmonellosis, pathogenic
colibacillus (including O157 and O157: H7) as well as monitory inspections of listeria monocytogenes, campylobacteriosis, etc. Mandatory
inspection of staphylococcus aureus shall also be made to meat products.

According to the situation of epidemic diseases of animals in the exporting country or region, relevant pathogenic and parasitic inspections
shall also be made to the meat products that may have been affected by zoonoses or parasites.

Article 18

The inspection and quarantine institutions of the entry ports shall, on the basis of the results of inspections and quarantines, deal
with the entry meat products according to the relevant provisions concerning the administration of licenses for entry and exit inspection
and quarantine in the following ways:

(1)

If the meat products have passed the inspection and quarantine, a Certificate of Inspection and Quarantine for Entry Goods shall be
issued to approve the production, processing and use thereof;

(2)

If the meat products fail to pass the inspection and quarantine, a Notice of Disposal for Inspection and Quarantine shall be issued
so as to return, destroy or conduct innocent treatment to the meat products under the supervision of the inspection and quarantine
institutions;

(3)

Where it is necessary to claim damages against foreign parties, relevant certificates shall be issued.

Article 19

Before obtaining a Certificate of Inspection and Quarantine for Entry Goods issued by the inspection and quarantine institutions,
the consignor or the agent thereof may not transfer, produce, process or use the entry meat products.

Chapter II I Exit Inspection and Quarantine

Article 20

Exit meat products must be pass the inspections and quarantines of the inspection and quarantine institutions before exiting the territory.

Article 21

The General Administration administers the production, processing, and storage of exit meat products by way of registration.

Article 22

The inspection and quarantine institutions shall carry out inspections and quarantines to exit meat products according to the requirements
as mentioned below:

(1)

The laws and administrative regulations of China and the requirements of inspection and quarantine as provided by the General Administration;

(2)

The requirements of inspection and quarantine as provided in the agreements, protocols, or memorandums entered into by the Government
of the People’s Republic of China and the exporting country or region;

(3)

The requirements of inspection and quarantine of the exporting country or region.

Article 23

Inspection and quarantine institutions shall send veterinarians to the enterprises processing exit meat products so as to supervise
and administer the whole process of producing, processing, storing, transporting, and exiting of exit meat products. The enterprises
that produce, process or store meat products shall provide necessary working conditions for the veterinarians sent by the inspection
and quarantine institutions.

The major duties and functions of the veterinarians are:

(1)

Conducting pre-slaughter and post-slaughter inspections and quarantines to the animals to be slaughtered according to the requirements
of inspection and quarantine and relevant provisions.

(2)

Supervising and inspecting the safety and hygiene conditions of the processing enterprises in the process of production and processing,
and, where it necessary to collect samples, send samples to the laboratory for inspections;

(3)

Fulfilling the duty of sampling as provided in the plans of the state concerning the monitor of remnants and epidemic diseases;

(4)

Being responsible for applying for and keeping the seals and labels needed for the inspection and quarantine of exit meat products,
and make records of them.

Article 24

The consignor or agent thereof shall, before producing or processing exit meat products, make preliminary declarations of inspection
to the inspection and quarantine institutions of the place where the production or processing enterprise is located.

The inspection and quarantine institutions shall, after accepting the preliminary declaration for inspection, examine and confirm
the requirements of inspection and quarantine, and make investigations about the surroundings of the production or processing enterprises,
the situation of animal epidemic diseases of the place where the slaughtered animals come from, and the use of pesticides and animal
remedies. Approval to production or processing may not granted until the requirements for export have been met.

Article 25

The animals to be slaughtered shall come from the farms that have been registered at or placed on the file of the inspection and quarantine
institutions. The relevant measures for the administration of inspection and quarantine of animals to be provided to Hong Kong and
Macao shall be referred to in the registration or placing on files.

The breeding of animals to be slaughtered shall be subject to the administration of the production and processing enterprises of exit
meat products by way of “five unified administrations” (to wit, unified provision of young chickens, piglets, etc., unified quarantine
and sterilization, unified provision of fodder, unified use of medicines, and unified purchase and slaughter). Before taking the
animals out of the farm, one shall have obtained a certificate of inspection and quarantine issued by the inspection and quarantine
institution of the place where the farm is situated, and the processing factory of exit meat products may conduct the slaughter and
processing upon the certificate of the inspection and quarantine institution where it is located.

Article 26

Inspection and quarantine institutions shall monitor the animal epidemic diseases before the slaughtering of animals. Without a Certificate
of Passing the Quarantine of Origin of Animals or without passing the monitor of epidemic diseases or the control of remnants, no
animal may be slaughtered and processed as exit meat products.

Non-fed animals to be slaughtered shall pass quarantines and pass the inspection of harmful and noxious remnants and substances before
being slaughtered.

Article 27

The processing enterprises of exit meat products shall conduct inspections and self-control of microbes and harmful and noxious substances
and remnants according to the relevant standards of the state as well as the requirements of the importing country or region.

Article 28

The inspection and quarantine institutions shall make inspections of microbes and harmful and noxious substances and remnants to the
exit meat products and monitor the hygiene of the enterprises according to the provisions of Article 22 of the present Measures.

Article 29

The materials to be used for packing exit meat products shall meet the standards of hygiene, and on the packaging boxes (bags) it
shall be indicated, according to the requirements of the importing country or region, the name of product, quantity (weight), name
of the producing enterprise, registration number, date of production, term of quality guaranty, conditions for storage, etc. Where
it is necessary to affix the seal or label of inspection and quarantine, it shall be done according to relevant provisions and under
the supervision of veterinarians.

Article 30

Meat products produced or processed under the supervision of veterinarians shall be registered by the veterinarians send by the inspection
and quarantine institutions who shall fill in the records of supervision, and on the basis of the inspection results, confirm whether
the products are in conformity with the requirements of inspection and quarantine of the importing country or region. If they meet
the requirements, a certificate of passing inspection and quarantine shall be issued by the veterinarian for shipment.

Article 31

The consignor or agent thereof shall, before transporting the exit meat products, make a declaration of inspection to the inspection
and quarantine institution of the place where the enterprise that has produced or processed the exit meat products by presenting
the certificate of passing inspection and quarantine for shipment issued by the veterinarians.

Article 32

The means of transportation for carrying exit meat products must be equipments with excellent airproof and refrigerating performances
so as to ensure the temperature required for transportation, and the way of loading shall be able to effectively prevent the meat
products from contamination and cleaning and sterilization shall be carried out under the rigid supervision of the inspection and
quarantine institutions.

Article 33

The inspection and quarantine institutions shall supervise the loading of exit meat products for shipment. When exit meat products
are loaded, the inspection and quarantine institutions shall send staff members to supervise the whole process of loading and fill
in the records of loading supervision.

The inspection and quarantine institutions may, where it is necessary, affix labels or seals of inspection and quarantine to the exit
meat products, packaging containers, means of transportation, etc. that have passed the inspection and quarantine according to relevant
provisions.

Article 34

The inspection and quarantine institutions shall examine the certificate of passing inspection and quarantine, report of inspection
results, records of supervision of loading, etc. of exit meat products. If the relevant provisions are met, relevant documents of
inspection and quarantine shall be issued; if the relevant provisions are not met, a notice of failing the inspection and quarantine
shall be issued.

Article 35

The transit refrigerated warehouses for storing exit meat products shall be subject to registration at the inspection and quarantine
institution of the place where they are located and shall accept the supervision and administration thereof.

When exit meat products arrive at the transit refrigerated warehouses, a declaration shall be made to the inspection and quarantine
institution of the place where they are located. The inspection and quarantine institution of the place where the transit refrigerated
warehouse is located shall supervise that they are put into the warehouses by way of the certificates of inspection and quarantine
issued by the inspection and quarantine institutions where the production and processing enterprises are located.

When exit meat products are taken out of the warehouses, the certificates shall be exchanged by the inspection and quarantine institutions
of the place where the transit warehouses are located.

Article 36

Refrigerant exit meat products shall be carried out of the territory within 6 months after they are produced or processed, and iced
fresh meat products shall be carried out of the territory within 72 hours after they are produced or processed. Where the government
of the importing country or region has different requirements, such requirements shall be implemented.

Article 37

The General Administration practices the system of administration by way of archivist files to the veterinarians to whom certificates
of inspection and quarantine have been issued.

Chapter IV Supplementary Provisions

Article 38

Any consignor or agent thereof of entry and exit meat products who violates the provisions of the present Measures shall be punished
by the inspection and quarantine institutions according to the provisions of relevant laws and regulations.

Article 39

The inspection and quarantine institutions and the staff members thereof shall, when executing inspections and quarantines as well
supervision and administration to the entry and exit meat products, rigidly enforce the law according to the statutorily prescribed
duties and functions and statutory procedures, observe professional ethics, be devoted to their duties and providing services politely.
Any one who violates the provisions of the laws or regulations or the present Measures shall be investigated by the entity or superior
organ that he belongs according to relevant provisions.

Article 40

The power to interpret the present Measures shall remain with the State General Administration of Quality Inspection.

Article 41

The present Measures shall enter into force as of October 1, 2002.

Attachment:Inspection and Quarantine Requirements of Refrigerated Storage Warehouses Designated for Entry Meat Products Attachment:Inspection and Quarantine Requirements of Refrigerated Storage Warehouses Designated for Entry Meat Products

(I)

The basic conditions of the designated refrigerated storage warehouses:

1.

They should be conveniently located and within the jurisdiction of the entry port, have operation spaces that facilitate carriage,
and the volume of the refrigerated warehouse should be up to 3,000 tons (except the refrigerated warehouses owned by the enterprises
processing with materials supplied by customers;

2.

They must be located within the area without sources of pollution, the hygiene of the environment should meet the requirements for
protecting the environment, and the road surface of the warehouses should be paved with cement and be smooth and not subject to water
accumulations.

3.

The warehouses are airtight and equipped with facilities for preventing worms, mice and mildew proof;

4.

The temperature of the warehouses shall remain under ?C18￿￿and the difference in temperature between the day and night shall be
less than 1 ￿￿p> 5.

There shall not be any dirt, strange odor, and they shall be neat and clean, and properly arranged;

6.

They shall be automatic temperature recording equipments, and inside the warehouses there shall be non-mercury thermometers;

7.

A sanitation and quality system shall be set up that includes the following elements:

a.

guiding policies of sanitation and quality as well as the target of sanitation and quality;

b.

institutions and the duties thereof;

c.

administration of production personnel;

d.

requirements of environmental sanitation;

e.

sanitation requirements of the refrigerated warehouses and equipments;

f.

control of storage and transportation sanitation;

g.

quality recording control;

h.

interior inspection of the quality system.

(II)

Administration of delivery into warehouses

1.

For the meat products that are required to be stored in the designated refrigerated warehouses, the original of the first sheet of
the Document of Customs Clearance of Entry Goods as issued by the inspection and quarantine institutions shall be subject to inspection
and a photocopy thereof shall be kept;

2.

If any of the following circumstances occurs, none of the goods may be put into the warehouses, and the inspection and quarantine
institutions shall be informed without delay:

a.

The documents are not in conformity with the goods or the good are unpacked, assembled or neutrally packed, or the packing does not
meet the requirements of inspection and quarantine;

b.

The goods have gone bad or have strange odor.

3.

Different products (including different brands, different places of origin, different time of putting into the warehouse, and different
consignors) shall not be mixed and piled in a same area of the warehouses. The home products may not be stored in a same warehouse
with entry products. The corridors shall be kept clean and nothing may be placed in the way;

4.

The designated warehouses of storage shall have a system of inspection of registration for delivery into the warehouses, and special
persons shall be designated to take charge of the warehousing registration of entry meat products (including the registration of
the information about the goods and the consignor), the sanitation and quarantine as well as the supervision and quarantine work
of the inspection and quarantine institutions.

5.

For delivery into the designated refrigerated warehouses, the Handbook for the Quality Supervision of Entry Meat Products Stored in
Designated Refrigerated Warehouses shall be filled in for the inspection and verification of the inspection and quarantine institutions.

6.

In case any unlawfully imported meat products are found in any designated refrigerated warehouse, it shall be reported to the inspection
and quarantine institutions without delay.

(III)

Administration of delivery out of warehouses

1.

For the entry meat products that are delivered out of the designated refrigerated warehouses, the original of the first sheet of the
Certificate of Inspection and Quarantine of Entry Goods as issued by the inspection and quarantine institutions shall be subject
to inspection and a photocopy thereof shall be kept;

2.

When products are delivered out of the warehouses, a special person shall take charge of the registration of delivery out of the warehouses;

3.

After products are delivered out of the warehouses, the remnants thereof shall be cleaned away and effective sterilization shall be
done in good time.

(IV)

Supervision

1.

The designated refrigerated warehouses shall provide necessary inspection and quarantine as well as supervision facilities to the
inspection and quarantine personnel;

2.

The supervision of the designated warehouses shall be done by the inspection and quarantine institutions directly under the General
Administration, which shall include: to send staff members regularly or irregularly to the designated warehouses to inspect the storage,
registration of delivery into and out of the warehouses, the operation of the quality system, the compliance to the laws and regulations
concerning inspection and quarantine, etc; to see whether unlawfully imported meat products are stored therein, whether they have
failed to report to the inspection and quarantine institutions about unlawfully imported meat products, and whether the goods have
been unpacked without authorization or the labels or seals of inspection and quarantine have been destroyed during the storage of
the products;

3.

If, in the process of inspections, the inspection and quarantine institution finds out any violation of the relevant provisions, it
shall order the offender to mend up within a prescribed period of time. If the circumstances are serious, it may give a warning or
suspend the storage or the entry meat products or cancel the qualifications of the designated refrigerated warehouses.

4.

The designated warehouses shall report its monthly statistical statements of entry meat products that are delivered into and out of
the warehouses of the preceding month to the inspection and quarantine institutions and shall accept the inspection of the inspection
and quarantine institutions;

5.

To mend or change the structure of the designated refrigerated warehouses due to other reasons, approval of the inspection and quarantine
institutions shall be obtained and a good job shall be done in quarantine under the guidance thereof;

6.

The wastes that are produced in the process of delivering entry meat products into or out of the warehouses shall be destroyed in
harmless ways at designated places as pursuant to the requirements of the inspection and quarantine institutions concerned;

7.

When the inspection and quarantine institutions effects quarantine supervisions to the designated refrigerated warehouses, the persons-in-charge
of the warehouses shall give cooperation and may not conceal anything or refuse the inspections.



 
The State General Administration of Quality Supervision Inspection and Quarantine
2002-08-22

 







REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON EXPORT CONTROL OF MISSILES AND MISSILE-RELATED ITEMS AND TECHNOLOGIES






The State Council

Decree of the State Council of the People’s Republic of China

No.361

Regulations of the People’s Republic of China on Export Control of Missiles and Missile-related Items and Technologies are hereby
promulgated and shall be come into force as of the day of promulgation.

Premier of the State Council, Zhu Rongji

Aug 22, 2002

Regulations of the People’s Republic of China on Export Control of Missiles and Missile-related Items and Technologies

Article 1

These Regulations are formulated for the purposes of strengthening export control of missiles and missile-related items and technologies,
and safeguarding the State security and social and public interests.

Article 2

The export of missiles and missile-related items and technologies referred to in these Regulations means the export for trade of missiles
and missile-related equipment, materials and technologies listed in “The Missiles and Missile-related Items and Technologies Export
Control List” (hereinafter referred to as the Control List) attached to these Regulations, and the gift to, exhibition in, scientific
and technological cooperation with, assistance to, provision of service for as such and other forms of technological transfer thereof
to foreign countries and regions.

Article 3

The State shall exercise strict control on the export of missiles and missile-related items and technologies so as to prevent the
proliferation of missiles and other delivering systems listed in the Control List that can be used to deliver weapons of mass destruction.

Article 4

The State shall practice a licensing system for the export of missiles and missile-related items and technologies. Without being licensed,
no unit or individual shall export missiles and missile-related items and technologies.

Article 5

The export of items and technologies listed in Part I of the Control List shall be subject to the Regulations of the People’s Republic
of China on Administration of Arms Export and other relevant provisions.

To export items and technologies listed in Part II of the Control List (hereinafter referred to as missile-related items and technologies),
the exporter shall follow the examination and approval procedures provided for in Articles 7 to 13 of these Regulations; however,
the export of missile-related items and technologies for military purpose shall be subject to the provisions of the preceding paragraph.

Article 6

The receiving party of missile-related items and technologies shall guarantee not to use missile-related items and technologies supplied
by China for purposes other than the declared end-use, nor to transfer missile-related items and technologies supplied by China to
any third party other than the declared end-user without the consent of the Chinese Government.

Article 7

Exporters of missile-related items and technologies shall register themselves with the competent department in charge of foreign economic
relations and trade of the State Council (hereinafter referred to as the competent foreign economic and trade department of the State
Council). Without such registration, no unit or individual shall export missile-related items and technologies. The specific measures
for such registration shall be formulated by the competent foreign economic and trade department of the State Council.

Article 8

Anyone who intends to export missile-related items and technologies shall apply to the competent foreign economic and trade department
of the State Council, fill in the export application form for missile-related items and technologies (hereinafter referred to as
the export application form), and submit the following documents:

(1)

Identification of the applicant’s legal representative, chief managers and the persons handling the deal;

(2)

Duplicates of the contract or agreement;

(3)

Technical specifications of the missile-related items and technologies;

(4)

Certificates of the end-user and end-use;

(5)

Documents of guarantee as defined in Article 6 ;

(6)

Other documents as may be required by the competent foreign economic and trade department of the State Council.

Article 9

An applicant shall truthfully fill in the export application form.

Export application forms shall be uniformly produced by the competent foreign economic and trade department of the State Council.

Article 10

The competent foreign economic and trade department of the State Council shall, from the date of receiving the export application
form and the documents set forth in Article 8 of these Regulations, examine the application, or examine the application jointly
with other relevant departments of the State Council and relevant departments of the Central Military Commission, and make a decision
of approval or denial within 45 working days.

Article 11

Where the export of missile-related items and technologies entails significant impact on the State security, social and public interests,
the competent foreign economic and trade department of the State Council shall, jointly with relevant departments, submit the case
to the State Council and the Central Military Commission for approval.

Where the export of missile-related items and technologies is submitted to the State Council and the Central Military Commission for
approval, the timing restriction set forth in Article 10 of these Regulations shall not be applied.

Article 12

Where an application for the export of missile-related items and technologies is examined and approved, the competent foreign economic
and trade department of the State Council shall issue a license for the export of missile-related items and technologies (hereinafter
referred to as an export license), and notify the Customs in writing.

Article 13

An export license holder who intends to change the missile-related items and technologies originally applied for export shall return
the original export license and file a new application to obtain a new export license according to relevant provisions of these Regulations.

Article 14

While exporting missile-related items and technologies, the exporter shall present the export license to the Customs, complete the
customs procedures and accept supervision and control of the Customs in accordance with the provisions of the Customs Law.

Article 15

Where the receiving party contravenes the guarantees made according to the provisions of Article 6 of these Regulations or there
is a risk of proliferation of missiles and other delivering systems listed in the Control List that can be used to deliver weapons
of mass destruction, the competent foreign economic and trade department of the State Council shall suspend or revoke the export
license granted and notify the Customs in writing.

Article 16

Where the exporter knows or should know that the missile-related items and technologies to be exported will be used by the receiving
party directly in its program for developing missiles and other delivering systems listed in the Control List that can be used to
deliver weapons of mass destruction, the export shall be subject to the provisions of these Regulations even if the items or technologies
are not listed in the Control List.

Article 17

Upon approval by the State Council and the Central Military Commission, the competent foreign economic and trade department of the
State Council may, jointly with relevant departments, temporarily decide to exercise export control on specific items and technologies
other than those listed in the Control List in accordance with the provisions of these Regulations.

Article 18

Those who export missile-related items and technologies without being licensed, or export missile-related items and technologies beyond
the scope of the export license without authorization, shall be investigated for criminal liability in accordance with the provisions
of the criminal law on the crime of smuggling, the crime of illegal business operations, the crime of divulging State secrets or
other crimes; if such acts are not serious enough for criminal punishment, by distinguishing different circumstances, they shall
be punished in accordance with relevant provisions of the Customs Law, or be given a warning, confiscated of their illegal income,
and fined not less than one time but not more than five times the illegal income by the competent foreign economic and trade department
of the State Council; the competent foreign economic and trade department of the State Council may concurrently suspend or even revoke
the licensing for their foreign trade operations.

Article 19

Those who forge, alter, buy or sell the license for the export of missile-related items and technologies shall be investigated for
criminal liability in accordance with the provisions of the criminal law on the crime of illegal business operations or the crime
of forging, altering, buying or selling official documents, certificates or seals of a State organ; if such acts are not serious
enough for criminal punishment, they shall be punished in accordance with relevant provisions of the Customs Law, and the competent
foreign economic and trade department of the State Council may concurrently revoke the licensing for their foreign trade operations.

Article 20

Where a license for the export of missile-related items and technologies is obtained by fraud or other illegal means, the competent
foreign economic and trade department of the State Council shall revoke such an export license, confiscate the illegal income, impose
a fine of not more than the illegal income, and suspend or even revoke the licensing for their foreign trade operations.

Article 21

Where, in violation of Article 7 of these Regulations, the export of missile-related items and technologies is operated without registration,
the competent foreign economic and trade department of the State Council shall ban such illegal activities according to law, and
relevant competent departments of the State shall impose punishment thereon in accordance with relevant laws and administrative regulations.

Article 22

Where the State functionaries in charge of control on the export of missile-related items and technologies abuse their powers, neglect
their duties or extort or accept money or properties from others by taking advantage of their positions, they shall be investigated
for criminal liability in accordance with the provisions of the criminal law on the crime of abuse of power, the crime of neglect
of duties, the crime of accepting bribes and other crimes; if such acts are not serious enough for criminal punishment, they shall
be given administrative sanctions according to law.

Article 23

In light of actual situations, the competent foreign economic and trade department of the State Council may, jointly with relevant
departments, amend the Control List and submit it to the State Council and the Central Military Commission for approval before implementation.

Article 24

These Regulations shall be effective as of the date of promulgation.

Missiles and Missile-related Items and Technologies Export Control List

1.

Introduction

(1)

Part 1 of this List includes missiles and other delivery systems (including ballistic missiles, cruise missiles, and rockets and unmanned
air vehicles) as well as their specially designed items and technologies. Part 2 includes items and technologies related to Item
1 of Part 1.

(2)

If a Part 1 item is included in a system, that system will also be considered as a Part 1 item, except when the incorporated item
cannot be separated, removed or duplicated and the system is designed for civilian uses, where the item will be considered as a Part
2 item.

(3)

All items listed in this List include their directly related technologies.

2.

Definitions

For the purpose of this List, the following definitions apply:

(1)

“Technology” means specific information, which is required for the “development”, “production” or “use” of a product. The information
may take the form of “technical data” or “technical assistance”. But “technology” does not include technology “in the public domain”
nor “basic scientific research”.

(a)

“In the public domain” as it applies to this List means technology which has been made available without restrictions upon its further
dissemination. (Copyright restrictions do not remove technology from being “in the public domain”.)

(b)

“Basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental
principles of phenomena and observable facts, not primarily directed towards a specific practical aim or objective.

(2)

“Development” is related to all phases prior to “production” such as:

(a)

Design

(b)

Design research

(c)

Design analysis

(d)

Design concepts

(e)

Assembly and testing of prototypes

(f)

Pilot production schemes

(g)

Design data

(h)

Process of transforming design data into a product

(i)

Configuration design

(j)

Integration system design

(k)

Layouts

(3)

“Production” means all production phases such as:

(a)

Production engineering

(b)

Manufacture

(c)

Integration

(d)

Assembly

(e)

Inspection

(f)

Testing

(g)

Quality assurance

(4)

“Use” means:

(a)

Operation

(b)

Installation (including on-site installation)

(c)

Maintenance

(d)

Repair

(e)

Overhaul

(f)

Refurbishing

(5)

“Technical data” may take forms such as:

(a)

Blueprints

(b)

Plans

(c)

Diagrams

(d)

Models

(e)

Formulae

(f)

Engineering designs and specifications

(g)

Manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.

(6)

“Technical assistance” may take forms such as:

(a)

Instruction

(b)

Skills

(c)

Training

(d)

Working knowledge

(e)

Consulting services

(7)

“Production facilities” means equipment and specially designed software therefore integrated into installations for “development”
or for one or more phases of “production”.

(8)

“Production equipment” means tooling, templates, jigs, mandrels, moulds, dies, fixtures, alignment mechanisms, test equipment, other
machinery and components therefore, limited to those specially designed or modified for “development” or for one or more phases of
“production”.

Part I

1.

Complete ballistic missiles, space launch vehicles, sounding rockets, cruise missile and unmanned air vehicles that can be used to
deliver at least a 500 kg payload to a range of at least 300 km as well as the specially designed production facilities therefore.

2.

The following items usable in the systems in Item 1:

(1)

Individual stages of a ballistic missile;

(2)

Individual stages of a rocket;

(3)

Reentry vehicles of missiles;

(4)

Heat shields and components fabricated of ceramic materials used in Sub-item (3) ;

(5)

Heat shields and components fabricated of ablative materials used in Sub-item (3);

(6)

Heat sinks and components fabricated of lightweight, high heat capacity materials used in Sub-item (3);

(7)

Electronic equipment specially designed for Sub-item (3);

(8)

Storable liquid propellant rocket engines, having a thrust force of 90 kN or greater;

(9)

Solid propellant rocket engines, having a total impulse capacity of 1100 kN*s or greater;

(10)

Guidance sets capable of achieving system accuracy of 10 km or less (CEP) for ballistic missiles with a range of 300 km;

(11)

Thrust vector control sub-systems;

(12)

Warhead safing, arming, fuzing, and firing mechanisms;

(13)

Production facilities and equipments designed for Sub-items (1) to (12).

3.

Interstage mechanisms for space launch vehicles and the specially designed production equipment therefore-.

4.

Rocket motor cases and the specially designed production equipment therefore.

5.

Hydraulic, mechanical, electro-optical, or electro- mechanical flight control systems specially designed or modified for the systems
in Item 1 of Part I.

6.

Attitude control equipment specially designed or modified for the systems in Item 1 of Part I.

7.

Design technology for integration of air vehicle fuselage, propulsion system and lifting control surfaces to optimize aerodynamic
performance throughout the flight regime of an unmanned air vehicle.

8.

Design technology for integration of the guidance, flight control, and propulsion data into a flight management system for optimization
of trajectory of ballistic missiles or space launch vehicles.

9.

Passive interferometer equipment usable in the systems in Item 1.

10.

Apparatus and devices designed or modified for the handling, control, activation and launching of the systems in Item 1.

11.

Vehicles designed or modified for the transport, handling, control, activation and launching of the systems in Item 1.

12.

Gravity meters, gravity gradiometers, and specially designed components therefore, for airborne or marine use, and having a static
or operational accuracy of one milligal or better, with a time to steady-state registration of two minutes or less;

13.

Precision tracking systems:

(1)

Tracking systems which use a translator installed on the rocket system or unmanned air vehicle in conjunction with either surface
or airborne references or navigation satellite systems to provide real-time measurements of in-flight position and velocity;

(2)

Software which processes post-flight, recorded data, enabling determination of vehicle position throughout its flight path.

14.

Structure specially designed for reduced radar reflectivity.

15.

Structural material specially designed for reduced radar reflectivity.

16.

Coatings specially designed for reduced radar reflectivity.

17.

Coatings specially designed for reduced optical reflectivity or emissivity.

18.

Production equipment, technology and specially designed software usable in Items 14 to 17 above.

19.

Technology and specially designed software for reduced radar reflectivity, ultraviolet/infrared signatures or acoustic signatures.

Part II

1.

Reentry Vehicle Components and Technology Thereof

(1)

Design and manufacturing technology for ceramic heat shields;

(2)

Design and manufacturing technology for ablative heat shields;

(3)

Design and manufacturing technology for heat sinks and components thereof;

(4)

Structure for protection against electromagnetic pulse (EMP) and X – rays and shock wave and combined blast and thermal effects:

(a)

Radiation-hardened microcircuits and detectors;

(b)

Hardened radome structure designed to withstand a combined thermal shock greater than 418 J/cm2 accompanied by a peak over pressure
of greater than 50 kPa.

(5)

Design technology for radiation hardening;

(6)

Design technology for hardened structure.

2.

Propulsion Components and Technology Thereof

(1)

Lightweight turbojet engines that are small and fuel efficient;

(2)

Lightweight turbofan engines that are small and fuel efficient;

(3)

Lightweight turbo compound engines that are small and fuel efficient;

(4)

Ramjet engines;

(5)

Scramjet engines;

(6)

Pulse jet engines;

(7)

Combined cycle engines;

(8)

Devices to regulate combustion for the above Sub items (4) to (7);

(9)

Liquid and slurry propellant control systems, and specially designed components thereof, designed or modified to operate in vibration
environments of more than 10g (RMS) between 20 Hz and 2,000 Hz:

(a)

Servo valves designed for flow rates of 24 liters per minute or greater, at an absolute pressure of 7,000 kPa or greater, that has
an actuator response time of less than 100 microseconds;

(b)

Pumps, for liquid propellants, with shaft speeds equal to or greater than 8,000 RPM or with discharge pressures equal to or greater
than 7,000 kPa.

(10)

Production facilities specially designed for the above Sub items (1) to (9).

3.

Liquid Propellants

(1)

Hydrazine with a concentration of more than 70 percent;

(2)

Unsymmetric dimethylhydrazine (UDMH);

(3)

Monomethylhydrazine (MMH);

(4)

Mixed amine;

(5)

Dinitrogen tetroxide;

(6)

Red Fuming Nitric Acid.

4.

Solid Propellant and Propellant Constituents

(1)

Metal fuels with particle sizes less than 500 mm, whether spherical, atomized, spheroidal, flaked or ground, consisting of 97 percent
by weight or greater of any of the following metal and alloys of these:

(a)

Zirconium;

(b)

Boron;

(c)

Magnesium;

(d)

Titanium;

(e)

Uranium;

(f)

Tungsten;

(g)

Zinc;

(h)

Cerium.

(2)

Ammonium per chlorate with particle sizes less than 500 mm;

(3)

Spherical aluminum powder meeting the following requirements:

(a)

With particle of uniform diameter;

(b)

With aluminum content of 97 percent or greater;

(c)

With diameter of less than 500 mm.

(4)

Boron Slurry, having an energy density of more than 40*106J/kg;

(5)

Nitro-amines:

(a)

Cyclotetramethylene-tetranitramene (HMX);

(b)

Cyclotrimethylene-trinitramine (RDX).

(6)

Composite Propellants:

(a)

Molded colloid propellants;

(b)

Propellant including nitrate bonding agents and with an aluminum (particle) content of 5 percent or greater.

(7)

Polymeric substances:

(a)

Carboxl-terminated polybutadiene (CTPB);

(b)

Hydroxy-terminated polybutadiene (HTPB).

(8)

Triethylamine as an igniting agent.

5.

Guidance and Control Set, Components and Related Technologies

(1)

Gyro-astro compasses and other devices which derive position or orientation by means of automatically tracking celestial bodies or
satellites;

(2)

Flight control software and related test software;

(3)

Gyro stability platform;

(4)

Automatic pilots for UAV;

(5)

Gyros with a rated drift rate stability of less than 0.5 degree per hour;

(6)

Test table for inertial platform (including high-accuracy centrifuges and rotating table);

(7)

Inertial Measurement Unit (IMU) tester;

(8)

Inertial Measurement Unit (IMU) stable element-handling fixture;

(9)

Inertial Measurement Unit (IMU) platform balance fixture;

(10)

Tester for gyro tuning;

(11)

Tester for gyro dynamic balance;

(12)

Gyro run-in/motor test station;

(13)

Gyro evacuation and filling station;

(14)

Centrifuge fixture for gyro bearings;

(15)

Rectangular scatterometer for ring laser gyro production;

(16)

Polarity scatterometer for ring laser gyro production;

(17)

Reflectometer for ring laser gyro production;

(18)

Surface profilometer for ring laser gyro production;

(19)

Accelerometers with a proportional error of 0.25 percent or less;

(20)

Accelerometer test station;

(21)

Accelerometer axis aligns station;

(22)

Specially designed test, calibration, and alignment equipment for gyro or accelerometer.

6.

Target Detection System and Related Electronics

(1)

Radar systems;

(2)

Altimeters;

(3)

Terrain contour mapping equipment;

(4)

Scene mapping and correlation (both digital and analog) equipment;

(5)

Imaging sensor equipment;

(6)

Processors and software specially designed for processing navigation information;

(7)

Electronic devices and components removed of conductive heat;

(8)

Radiation-hardened electronic devices and components;

(9)

Electronic assemblies and components operating at temperatures in excess of 125￿￿or a short period of time;

(10)

Electronic devices and components with specially designed integrated support;

(11)

Telemetry equipment and related technologies;

(12)

Telemetering and telecontrol ground equipment;

(13)

Analogue computers and digital computers having either of the following characteristics;

(a)

Rated for continuous operation at temperatures from below minus 45￿￿o above plus 55￿￿p> (b)

Designed as ruggedized or radiation hardened.

(14)

Analogue-to-digital converter having one of the following characteristics:

(a)

Rated for operation at temperatures from below minus 54￿￿o above plus 125￿￿ and

(b)

Designed to meet military specifications for ruggedized equipment; or

(c)

Designed or modified for military use or designed as radiation hardened, and having one of he following characteristics:

￿￿onverting at a rate of over 200000 times (complete conversion) per second under rated accuracy;

￿￿ith accuracy exceeding 1/10000 of the whole range in the rated temperature scope;

￿￿ith quality factor of over 1*108(complete conversion times per second divided by accuracy);

￿￿he inbuilt microcircuits having the following characteristics:

(A)

The maximum converting time is less than 20 microseconds under maximum resolution, and

(B)

The rated nonlinearity is better than 0. 025 percent of the range in rated temperature scope.

(15)

Design technology for protection of avionics and e-lectrical subsystems against electromagnetic pulse and elec-tromagnetic interference
hazards from external sources:

(a)

Design technology for shielding systems;

(b)

Design technology for the configuration of hardened electrical circuits and subsystems;

(c)

Determination of hardening criteria for the above.

7.

Material

(1)

Structural composites, including composite structures, laminates, and manufactures thereof, and resin impregnated fibre prepregs and
metal coated fibre preforms therefore, made with either organic matrix or metal matrix utilizing fibrous or filamentary reinforcements
having a specific tensile strength greater than 7.62*104m and a specific mod-ulus greater than 3.18*106m:

(a)

Polyimide composite;

(b)

Polyamide composite;

(c)

Polycarbonate composite;

(d)

Quartz-fibre-reinforced composite;

(e)

Carbon-fibre-reinforced composite;

(f)

Boron-fibre-reinforced composite;

(g)

Magnesium matrix composite;

(h)

Titanium matrix composite.

(2)

Ceramic composite materials with dielectric constant less than 6 at frequencies from 100 Hz to 10,000 MHz;

(3)

Fine grain bulk artificial graphites having the following features measured at 20 ￿￿p> (a)

With a bulk density of at least 1. 72 g/cm3;

(b)

With a tension rupture strain of at least 0.7 percent;

(c)

With a heat expansion coefficient of at least 2.75*10-6 (measured at temperatures from 20￿￿o 982￿￿

(4)

Resaturated pyrolized carbon-carbon materials;

(5)

Special Steel:

Titanium-stabilized duplex stainless steel (Ti-DSS) having the following characteristics:

(a)

Containing 17.0 to 26.5 weight percent chromium and 4.5 to 7.0 weight percent nickel;

(b)

Having a ferritic – austenitic microstructure (also referred to as a two-phase microstructure) of which at least 10 percent is austenite
by volume;

REGULATIONS ON CONSTRUCTION ENTERPRISES WITH FOREIGN INVESTMENT

The Ministry of Construction, the Ministry of Foreign Trade and Economic Cooperation

Decree of the Ministry of Construction of the People’s Republic of China and the Ministry of Foreign Trade and Economic Cooperation
of the People’s Republic of China

No.113

This is to issue Regulations on Construction Enterprises with Foreign Investment, upon the approval of 63rd meeting of the standing
committee of the Ministry of Construction and the 10th working meeting of ministers of the Ministry of Foreign Trade and Economic
Cooperation, which takes effect on December 1, 2002.

Minister of Construction Wang Guangtao

Minister of Foreign Trade and Economic Cooperation Shi Guangsheng

September 27, 2002

Regulations on Construction Enterprises with Foreign Investment

Chapter I General Provisions

Article 1

The regulations are formulated according to the Construction Law of People’s Republic of China, Tendering Law of the People’s Republic
of China, Law of the People’s Republic of China on Chinese and Foreign Equity Joint Ventures, Law of the People’s Republic of China
on Chinese-Foreign Contractual Joint Ventures, Law of the People’s Republic of China on Foreign-Capital Enterprises, Regulations
on the Quality of Construction Projects and relevant laws and administrative regulations, for the purpose of opening wider to the
outside world and standardize management of Construction Enterprises with Foreign Investment.

Article 2

The regulations apply to the establishment of Construction Enterprises with Foreign Investment within China, the application for the
aptitude of construction enterprises and the supervision and management of Construction Enterprises with Foreign Investment. What
are called here as ” Construction Enterprises with Foreign Investment” refer to Construction Enterprises with Foreign Investment,
equity and contractual joint ventures of construction enterprises set up within China in accordance with Chinese laws and regulations.

Article 3

To establish Construction Enterprises with Foreign Investment within the People’s Republic of China and engage in construction activities,
a certificate of approval for foreign-invested enterprise should be obtained from competent administrative agencies for foreign trade
and economic activities with registration accomplished at the State Administration for Industry and Commerce or authorized local
industrial and commercial bureaus and an aptitude certificate for construction enterprise from competent construction department
is also needed.

Article 4

The laws, regulations and rules of the People’s Republic of China should be observed in any construction actions by Construction Enterprises
with Foreign Investment within China. The legal business activities and legitimate rights and interests of Construction Enterprises
with Foreign Investment within China are under the protection of laws, rules and regulations of the People’s Republic of China.

Article 5

Management of the establishment of Construction Enterprises with Foreign Investment is subject to the foreign trade and economic administrative
agencies under the State Council, and management of aptitude of Construction Enterprises with Foreign Investment is subject to the
competent construction department of the State Council. The foreign trade and economic administrative departments of provinces, autonomous
regions and municipalities directly under the Central Government take charge of the establishment of Construction Enterprises with
Foreign Investment within the mandate. While the construction departments of provinces, autonomous regions and municipalities directly
under the Central Government take charge of the aptitude management within their respective administrative region according to these
regulations.

Chapter II Examination and Approval of the Establishment and Aptitude of Enterprises

Article 6

The application for and approval of the establishment and aptitude of foreign-invested enterprise are subject to management by layer
and category. Application for a special class or class A in the general contract series of construction, or a class A in the specialized
contract series should be approved by the competent foreign trade and economy department of the State Council in terms of establishment
and by the competent construction department of the State Council in terms of qualification. Application for class B or lower level
or for a class in the labor sub-contracting series should be approved by the foreign trade and economic department of governments
of provinces, autonomous regions and municipalities directly under the Central Government in terms of establishment and by the construction
department of local government in terms of aptitude. When the Chinese investor of a joint venture or contractual construction enterprise
is under the management of the central government, its establishment and qualification are to be approved by competent foreign trade
and economic department and construction department of the State Council.

Article 7

Procedures of applications for launching of Construction Enterprises with Foreign Investment, aptitude of a special class or class
A in the general contract series of construction, or a class A in the specialized contract series:

I.

Application be submitted to the foreign trade and economic department of government of provinces, autonomous regions and municipalities
directly under the central government of the planned location for the enterprise.

II.

The foreign trade and economic department of the government of provinces, autonomous regions and municipalities directly under the
Central Government should complete preliminary examination in 30 days since the day of application acceptance and, upon approval,
submission should be made to the foreign trade and economic department of the State Council.

III.

The competent foreign trade and economic department of the State Council shall send within 10 days after the day of receipt of the
primarily examined materials the application materials to the competent construction department of the State Council to solicit opinions.
The construction department should offer a written opinion within 30 days from the receipt of the opinion-soliciting letter. The
competent foreign trade and economic department of the State Council shall make a written decision within 30 days after the receipt
of the written opinion on whether to grant a certificate of approval or, if not approve, give the reasons of refusal in written form.

IV.

Foreign-invested enterprises obtaining the approval certificate should register with the departments in charge within 30 days.

V.

The regulation on aptitude of construction enterprises shall apply in case of application for the aptitude of a construction enterprise
after the obtaining a business license for a corporate legal person.

Article 8

Application for the establishment of Construction Enterprises with Foreign Investment and class B or lower level in the general contract
series of construction, or a class in the labor sub-contracting series is subject to the foreign trade and economic department and
construction department of governments of provinces, autonomous regions and municipalities directly under the Central Government
by referring to Article 7 of the Regulations and Regulations on aptitude construction enterprises and considering local conditions.
The aptitude examined and approved by construction department of the governments of provinces, autonomous regions and municipalities
directly under the Central Government should be submitted to the construction department of the State Council for records.

Article 9

Concerned procedures should be undergone at the competent construction department if the aptitude of Construction Enterprises with
Foreign Investment is to be upgraded or aptitude other than the main item is to be added through application.

Article 10

The following materials should be submitted to the competent foreign trade and economic department in applying for the launching of
a construction enterprise with foreign investment:

I.

Application for the launching of Construction Enterprises with Foreign Investment signed by the legal representative of the investor;

II.

Feasibility report prepared or recognized by the investor;

III.

Contract and constitution of the Construction Enterprises with Foreign Investment signed by the legal representative of the investor.
(Constitution only needed in case of a construction enterprise with foreign investment to be set up);

IV.

An advanced notice of approval for the name of the enterprise;

V.

Certificate issued by the investor’s country or region for registration and certificate of banking credit of the enterprises engaging
in construction project design;

VI.

Documents of office responsibilities and evidences for chairman of the board of directors, board members, managers and engineering
technical manager to be appointed by the investor;

VII.

Balance sheet and income sheet of the investor for the latest three years which have been audited by a register accountant or an accounting
firm.

Article 11

The following materials should be submitted to the competent construction department in applying for an aptitude of a construction
enterprise with foreign investment:

I.

Application for aptitude of a construction enterprise with foreign investment;

II.

Certificate of approval for the foreign-invested enterprise;

III.

Business license of the corporate legal person;

IV.

Certificate of banking credit for the investor;

V.

Documents of office responsibilities and evidences for chairman of the board of directors, board members, managers and engineering
technical manager to be appointed by the investor;

VI.

Balance sheet and income sheet of the investor for the latest three years, which have been audited by a register accountant or an
accounting firm.

VII.

Materials required by Regulations on the Aptitude of Construction Enterprises.

Article 12

The investment of the Chinese investor of joint ventures and contractual construction enterprises should comprise at least 25% of
the register capital.

Article 13

The class of aptitude of the joint ventures and contractual construction enterprises that have been established before the implementation
of these regulations should be rechecked according to these regulations and the Regulations on the Aptitude of Construction Enterprises.

Article 14

The required materials should be in Chinese, and a Chinese version should be offered if the original is in a foreign language.

Chapter III Scope of Project Contracting

Article 15

Only the following kinds of projects are within the business scope of construction enterprises with foreign investment according to
their aptitude class:

I.

Projects built exclusively with foreign investment and foreign grant.

II.

Construction projects financed by international financial institutions or awarded by international bidding according to loan terms.

III.

Joint projects with 50% or more than 50% of foreign investment; or joint projects that, though with less than 50% of foreign investment,
can’t be independently implemented by Chinese construction enterprises due to technical difficulties, approved by the construction
department of governments of provinces, autonomous regions and municipalities.

IV.

Joint contracting is allowable, upon the approval of competent construction departments of governments of provinces, autonomous regions
and municipalities directly under the central government, for a domestic-invested project that is not able to be independently undertaken
by Chinese enterprises due to technical difficulties.

Article 16

Joint ventures and contractual construction enterprises should contract projects within the authorized scope corresponding to its
aptitude class.

Chapter IV Supervision and Administration

Article 17

The standards for construction enterprise aptitude issued by the construction department of the State Council shall apply to the aptitude
class of construction enterprises with foreign investment.

Article 18

As a general contractor of a project, the construction enterprise with foreign investment itself should undertake the construction
task of the major structure of the project.

Article 19

The aptitude class of the side with lower class shall be the basis for the permitted scope of contracting projects in case of a construction
enterprise with foreign investment co-contracting a project with other construction enterprises.

Article 20

A fine of above 2% to below 4% of the total contract price shall be imposed upon the construction enterprise with foreign investment
which contracts projects beyond the scope permitted by its aptitude in breach of Article 15 of the Regulations. A decree of business
suspension for rectification or a demotion of aptitude class is also possible; the aptitude certificate is to be revoked for a serious
case; any illegal income shall be confiscated.

Article 21

Punishment is to be made according to relevant laws, regulations and rules for any violation of the Construction Law of the People’s
Republic of China, Tendering Law of the People’s Republic of China, Regulations on the Quality of Construction Projects, and Regulations
on the Aptitude of Construction Enterprise.

Chapter V Supplementary Provisions

Article 22

A foreign enterprise which has obtained a Certificate of Aptitude for Foreign Enterprise Contracting Projects prior to the implementation
of these regulations is enpost_titled, while launching a construction enterprise with foreign investment, to apply for aptitude of a class
corresponding to its performance in contracting projects within the territory of the People’s Republic of China. The class of aptitude
of a new construction enterprise with foreign investment set up by a foreign enterprise that has already established a foreign-invested
enterprise within PRC shall be checked and ratified in compliance with Regulations on the Aptitude of Construction Enterprises.

Article 23

The regulations should be referred to in case of investors from HK, Macao and Taiwan setting up construction enterprises in other
provinces, autonomous regions and municipalities directly under the central government for construction activities, unless otherwise
provided in laws, regulations or stipulations of the State Council.

Article 24

The regulations are subject to the interpretation of the competent construction department and foreign trade and economic department
of the State Council according to their respective scope of responsibilities.

Article 25

The regulations enter into force as of December 1, 2002.

Article 26

The Interim Regulations on Foreign Enterprises Contracting Projects within PRC (Decree No. 32 of the Ministry of Construction) issued
by the Ministry of Construction on March 22 1994 are to be annulled from October 1, 2003.

Article 27

The Provisions on the Establishment of Construction Enterprises with Foreign Investment (JianJian [1995] No.533) co-issued by the
Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation is to be annulled from December 1, 2002.

 
The Ministry of Construction, the Ministry of Foreign Trade and Economic Cooperation
2002-09-27

 




REGULATIONS ON FOREIGN-INVESTED CONSTRUCTION DESIGN ENTERPRISES

The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Construction

Decree of the Ministry of Construction of PRC and the Ministry of Foreign Trade and Economic Cooperation of PRC

No. 114

This is to issue Regulations on Foreign-invested Construction Design Enterprises, examined and approved by the 63rd meeting of the
standing committee of Ministry of Construction and the 10th working meeting of the Ministry of Foreign Trade and Economic Cooperation,
which takes effect on December 1, 2002.

Minister of Construction Wang Guangtao

Minister of Foreign Trade and Economic Cooperation Shi Guangsheng

September 27, 2002

Regulations on Foreign-invested Construction Design Enterprises

Article 1

The regulations are formulated according to the Construction Law of People’s Republic of China, Law of the People’s Republic of China
on Joint Ventures with Chinese and Foreign Investment, Law of the People’s Republic of China on Chinese-Foreign Contractual Joint
Ventures, Law of the People’s Republic of China on Foreign-Capital Enterprises, Regulations on the Quality of Construction Projects,
Regulations on the Survey and Design of Construction Projects and relevant laws and administrative regulations, for the purpose of
opening wider to the outside world and standardize management of foreign-invested construction design enterprises.

Article 2

The regulations apply to the establishment of foreign-invested construction design enterprises within China, the application for the
aptitude of construction design enterprises and the supervision and management of foreign-invested construction design enterprises.
What are called here as “foreign-invested construction design enterprises” refer to foreign-invested construction design enterprises,
equity and contractual joint ventures of constructive design set up within China in accordance with Chinese laws and regulations.

Article 3

To establish foreign-invested construction design enterprises within the People’s Republic of China and engage in construction design
activities, a certificate of approval for foreign-invested enterprise should be obtained from competent administrative agencies for
foreign trade and economic activities with registration accomplished at the State Administration for Industry and Commerce or authorized
local industrial and commercial bureaus and an aptitude certificate for construction design enterprise from competent construction
department is also needed.

Article 4

The laws, regulations and rules of the People’s Republic of China should be observed in any actions of constructive design by foreign-invested
construction design enterprises within China. The legal business activities and legitimate rights and interests of foreign-invested
construction design enterprises within China are under the protection of laws, rules and regulations of the People’s Republic of
China.

Article 5

Management of the establishment of foreign-invested construction design enterprises is subject to the foreign trade and economic administrative
agencies under the State Council, and management of aptitude of foreign-invested construction design enterprises is subject to the
competent construction department of the State Council. The foreign trade and economic administrative departments of provinces, autonomous
regions and municipalities directly under the State Council take charge of the establishment of foreign-invested construction design
enterprises within the mandate. While the construction departments of provinces, autonomous regions and municipalities directly under
the State Council take charge of the aptitude management within their respective administrative region according to these regulations.

Article 6

The application for and approval of the establishment and aptitude of foreign-invested construction design enterprises are subject
to management by layer and category. Application for class A in construction design or class A or B in other construction projects
should be approved by the competent foreign trade and economic department of the State Council in terms of establishment and by the
competent construction department of the State Council in terms of qualification. Application for class B in construction design
or class C or lower level in other construction projects should be approved by the foreign trade and economic department of governments
of provinces, autonomous regions and municipalities directly under the State Council in terms of establishment and by the construction
department of local government in terms of aptitude.

Article 7

Procedures of applications for launching of foreign-invested construction design enterprises, aptitude of class A in construction
design and aptitude of class A and B in other construction projects design:

I.

Application be submitted to the foreign trade and economic department of government of provinces, autonomous regions and municipalities
directly under the central government of the planned location for the enterprise.

II.

The foreign trade and economic department of the government of provinces, autonomous regions and municipalities directly under the
State Council should complete preliminary examination in 30 days since the day of application acceptance and, upon approval, submission
should be made to the foreign trade and economic department of the State Council.

III.

The competent foreign trade and economic department of the State Council shall send within 10 days after the day of receipt of the
primarily examined materials the application materials to the competent construction department of the State Council to solicit opinions.
The construction department should offer a written opinion within 30 days from the receipt of the opinion-soliciting letter. The
competent foreign trade and economic department of the State Council shall make a written decision within 30 days after the receipt
of the written opinion on whether to grant a certificate of approval or, if not approve, give the reasons of refusal in written form.

IV.

Foreign-invested enterprises obtaining the approval certificate should register with the departments in charge within 30 days.

V.

The regulation on aptitude of construction design enterprises shall apply in case of application for the aptitude of a construction
design enterprise after the obtaining a business license for a corporate legal person.

Article 8

Application for the establishment of foreign-invested construction design enterprises and class B in architectural projects, or class
C and lower level in other constructive projects, is subject to the foreign trade and economic department and construction department
of governments of provinces, autonomous regions and municipalities directly under the State Council by referring to Article 7 of
the Regulations and Regulations on aptitude construction enterprises and considering local conditions. The aptitude examined and
approved by construction department of the governments of provinces, autonomous regions and municipalities directly under the State
Council should be submitted to the construction department of the State Council for records.

Article 9

Concerned procedures should be undergone at the competent construction department if the aptitude of foreign-invested construction
design enterprises is to be upgraded or aptitude other than the main item is to be added through application.

Article 10

The following materials should be submitted to the competent foreign trade and economic department in applying for the launching of
a foreign-investment construction design enterprise:

I.

Application for the launching of foreign-invested construction design enterprises signed by the legal representative of the investor;

II.

Feasibility report prepared or recognized by the investor;

III.

Contract and constitution of the foreign-invested construction design enterprises signed by the legal representative of the investor.
(Constitution only needed in case of a foreign-invested construction design enterprise to be set up);

IV.

An advanced notice of approval for the name of the enterprise;

V.

Certificate issued by the investor’s country or region for registration and certificate of banking credit of the enterprises engaging
in construction project design;

VI.

Documents of office responsibilities and evidences for chairman of the board of directors, board members, managers and engineering
technical manager to be appointed by the investor;

VII.

Balance sheet and income sheet of the investor for the latest three years which have been audited by a register accountant or an accounting
firm.

Article 11

The following materials should be submitted to the competent construction department in applying for an aptitude of a foreign-invested
construction design enterprise:

I.

Application for aptitude of a foreign-invested construction design enterprise;

II.

Certificate of approval for the foreign-invested enterprise;

III.

Business license of the corporate legal person;

IV.

Certificate of registration and certificate of banking credit of the enterprises engaging in constructive project design issued by
foreign investor’s country or region;

V.

Certificate of qualification for individuals obtained in the home country or region of foreign service providers, and certificate
of performance and reputation in construction design for individuals and enterprises issued by competent governmental agencies, industrial
institute, association pr notary organs of their original country or region.

VI.

Other materials required by regulations on aptitude of construction design enterprises.

Article 12

The required materials should be in Chinese, and a Chinese version should be offered if the original is in a foreign language.

Article 13

The foreign investors and foreign service providers of the foreign-invested construction design enterprises should be either construction
project designer, registered architect or registered engineer or in their own country or region.

Article 14

The investment of the Chinese investor of joint ventures and contractual construction design enterprises should comprise at least
25% of the register capital.

Article 15

Application of foreign-investment construction design enterprise for aptitude of a constructive project design enterprise should meet
the layered standards for construction design enterprises. Foreign service providers who get qualified for Chinese registered architect
and engineer should constitute at least 1/4 of the total registered staff required by its class of aptitude; foreign service providers
with relevant technical background should constitute at least 1/4 of the total backbone technicians required by the its class of
aptitude. As for joint venture or contractual foreign-invested construction design enterprise applying for aptitude of a constructive
project design enterprise, foreign service providers who get qualified for Chinese registered architect and engineer should constitute
at least 1/8 of the total registered staff required by its class of aptitude; foreign service providers with relevant technical background
should constitute at least 1/8 of the total backbone technicians required by the its class of aptitude.

Article 16

Foreign service providers of the foreign-invested construction design enterprises registered in China as architects, engineers and
backbone technicians should stay within the territory of China no less than six months cumulatively per year per person.

Article 17

Punishment will be made according to relevant laws, regulations and rules for any violation of the Construction Law of the People’s
Republic of China, Regulations on the Quality of Construction Projects, Regulations on Survey and Design of Construction Projects
and Provisions on the Aptitude of Construction, Survey and Design Enterprises.

Article 18

The regulations should be referred to in case of investors from HK, Macao and Taiwan setting up construction design enterprises in
other provinces, autonomous regions and municipalities for construction design activities, unless otherwise provided in laws, regulations
or stipulations of the State Council.

Article 19

The time of accepting application for the establishment of a foreign-invested enterprise shall be determined by the competent construction
department and foreign trade and economic department of the State Council.

Article 20

The regulations are subject to the interpretation of the competent construction department and foreign trade and economic department
of the State Council according to their respective scope of responsibilities.

Article 21

The regulations enter into force as of December 1, 2002 and Regulations on the Examination and Approval of the Establishment of Sino-Foreign
Cooperative Project Design Institutions (JianShe [1992] No.180) becomes invalid simultaneously.



 
The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Construction
2002-09-27

 







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...