the China Securities Regulatory Commission
Order of the China Securities Regulatory Commission
No. 22
The Measures for the Administration of Securities Investment Fund Management Companies, deliberated and adopted at the 98th office
meeting of the chairman of the China Securities Regulatory Commission on June 29, 2004, and approved by the State Council on August
12, 2004, are hereby promulgated, and shall go into effect as of October 1, 2004. The Rules on the Establishment of Foreign-shared
Fund Management Companies by Order No. 9 of the China Securities Regulatory Commission shall be abolished simultaneously.
Upon the approval of the State Council on August 12, 2004, the Interim Measures for the Administration of Securities Investment Funds
as promulgated by the Securities Commission of the State Council on November 14, 1997 upon the approval of the State Council on November
5, 1997 shall be abolished simultaneously.
Chairman of the China Securities Regulatory Commission Shang Fulin
September 16, 2004
Measures for the Administration of Securities Investment Fund Management Companies
Chapter I General Provisions
Article 1
In order to strengthen supervision over and administration of securities investment fund management companies, to regulate acts of
securities investment fund management companies, and to protect the lawful rights and interests of the fund shareholders and the
relevant parties concerned, the present Measures are formulated in accordance with the Securities Investment Fund Law, Company Law
and other relevant laws and administrative regulationsshareholders.
Article 2
The “securities investment fund management company” (hereinafter referred to as the fund management company) as mentioned in the present
Measures shall refer to the legal person of enterprise, which is established within the territory of the People’s Republic of China
upon the approval of China Securities Regulatory Commission (hereinafter referred to as the CSRC) and undertakes securities investment
fund management business.
Article 3
A fund management company shall abide by laws, administrative regulations and the provisions of the CSRC, scrupulously abide by good
faith, be cautious and diligent, and loyally fulfill its responsibilities to manage and use fund property in the interest of fund
shareholders.
Article 4
The CSRC and its branch organs shall conduct supervision over and administration on fund management companies and their business activities
in accordance with the Securities Investment Fund Law, Company Law and other laws, administrative regulations and the provisions
of the CSRC, as well as in light of the principle of prudent supervision.
Article 5
The fund industry association shall make self-disciplinary regulation on fund management companies and their business activities according
to laws, administrative regulations, provisions of the CSRC and the self-disciplinary rules.
Chapter II Establishment of Fund Management Companies
Article 6
The following requirements shall be fulfilled for the establishment of a fund management company:
1.
The shareholders shall meet the requirements of the Securities Investment Fund Law and the provisions of the present Measures;
2.
Having articles of association complying with the Securities Investment Fund Law, Company Law and the provisions of the CSRC;
3.
The registered capital shall be no less than RMB a hundred million Yuan, and the shareholders shall pay the capital contribution in
full in currency, and the overseas shareholders shall make capital contribution in freely convertible currency;
4.
Having senior management personnel to be appointed who comply with laws, administrative regulations and the provisions of the CSRC
and personnel to be appointed who undertake such businesses as research, investment, appraisal and marketing, etc., and the senior
management personnel and business personnel are no less than 15 persons and shall have obtained the qualification for fund practice;
5.
Having a business ground of office, safety and prevention facilities meeting the requirements and other facilities relating to the
business;
6.
Having established organizations and work posts with reasonable division of work and well-defined duties;
7.
Having such internal monitoring systems as supervision and audit and risk control, which meet the provisions of the CSRC; and
8.
Other conditions as prescribed by the CSRC upon the approval of the State Council.
Article 7
The principal shareholders of a fund management company shall refer to those shareholders whose proportion of capital contribution
accounts for the most of the registered capital of the fund management company (hereinafter referred to as the proportion of capital
contribution), and is no less than 25% of the registered capital.
The principal shareholders shall meet the following conditions:
1.
Undertaking securities management, securities investment consulting, trust capital management or other financial capital management;
2.
The registered capital shall be no less than RMB 3 hundred million Yuan;
3.
Having better business performance, and the quality of the assets is in good condition;
4.
Managing continuously for three more complete fiscal years, and the corporate governance is sound with perfect internal monitoring
systems;
5.
Having no records of administrative punishment or criminal punishment due to acts in violation of law and regulations in the past
3 years;
6.
Having no acts of misappropriating customers’ capitals and other acts impairing customers’ interests;
7.
Not being under investigation by the regulatory institution due to acts in violation of laws and regulations or not being in rectification
period; and
8.
Having good public credit standing, having no bad records in the administrative departments of taxation and industry and commerce,
and such institutions as finance supervision, self-disciplinary management and commercial banks, etc..
Article 8
For other shareholders of a fund management company other than the principal shareholders, their registered capital and net assets
shall be no less than RMB one hundred million Yuan, the quality of the assets shall be in good condition, and they shall meet the
conditions as prescribed in Item (4) through (8) of paragraph 2 of Article 7 of the present Measures in addition.
Article 9
In a Sino-foreign joint venture fund management company, the domestic shareholder who makes the highest proportion of capital contribution
shall meet the conditions for principal shareholders as prescribed in paragraph 2, Article 7 of the present Measures. Other domestic
shareholders shall meet the conditions as prescribed in Article 8 of the present Measures.
The overseas shareholder in a Sino-foreign joint venture fund management company shall meet the following conditions:
1.
Being a financial institution that is established according to the law of the country or district where it is located, existing lawfully
and continuously, and having financial assets management experiences, steady and sound finance, good credit, and not having been
punished by any regulatory institution or judicial organ in the past three years;
2.
The country or district where it is located in has perfect securities laws and regulatory systems, and the securities regulatory institution
there has signed understanding memorandum on securities regulatory cooperation with the CSRC or other institutions authorized by
the CSRC, and has been keeping effective regulatory cooperation relationship;
3.
The paid-up capital is no less than the amount in freely convertible currency equal to RMB 300 million Yuan; and
4.
Other conditions as prescribed by the CSRC upon the approval of the State Council.
The preceding provisions shall be applied to the investment institutions in Hong Kong Special Administrative Region, Macao Special
Administrative Region and Taiwan district by analogy.
Article 10
The proportion of capital contribution paid by shareholders of a fund management company shall comply with the provisions of the CSRC.
A shareholder of a fund management company may not hold shares of other shareholders or possess other shareholders’ equity . No one
may be the same actual controller with any other shareholder or have other affiliated relation.
The proportion of capital contribution of or proportion of equity owned by the foreign party of a Sino-foreign joint venture fund
management company may not exceed those in the commitment made by the state securities industry for opening to the outside world
accumulatively (including those held directly and indirectly).
Article 11
The number of one institution shared or multi-institution shared fund management companies controlled by the same one actual controller
may not exceed two, of which the number of share holding fund management companies may not exceed one.
Article 12
When applying for establishing a fund management company, an applicant shall submit materials of application for the establishment
in accordance with the provisions of the CSRC.
The principal shareholders shall organize and coordinate the relevant matters concerning the establishment of a fund management company,
and shall assume the main responsibility for the authenticity and integrity of the application materials.
Article 13
In the case of any major change in the matters involved in the application materials during the application, , the applicant shall
submit updated materials to the CSRC within 5 working days from the date of occurrence of such change. If there is any alteration
in shareholders, the application materials shall be submitted once again.
Article 14
The CSRC shall accept the application for the establishment of a fund management company in accordance with the Administrative License
Law and the provisions of paragraph 1, Article 14 of the Securities Investment Fund Law, and make examination and decision.
Article 15
The CSRC may take the following ways to conduct examination on the application for the establishment of a fund management company:
1.
Asking the relevant institutions and departments for opinions on such aspects as shareholders’ conditions;
2.
Conducting examination on the contents of the application documents by means of expert’s appraisal and checking, etc.; or
3.
Making on-site inspection on the preparation for the establishment of the fund management company within 5 months from the date of
acceptance.
Article 16
Where the establishment of a fund management company has been approved by the CSRC, the applicant shall go through formalities for
registration within 30 days from the date when the document of approval is received, and it shall obtain from the CSRC the Certificate
of Qualification for Fund Management upon the strength of the Business License of Enterprise Legal Person issued by the administrative
department for industry and commerce.
A Sino-foreign joint venture fund management company shall also apply for the Certificate of Approval for Foreign Investment Enterprises
and open a foreign exchange capital account in accordance with the provisions of laws and administrative regulations.
A fund management company shall make a public notice on its establishment in the newspapers and periodicals designated by the CSRC
within 10 days from the date when it has gone through the formalities for industrial and commercial registration.
Chapter III Alteration and Dissolution of Fund Management Companies
Article 17
In case of altering the following major matters concerned, a fund management company shall report to the CSRC for approval:
1.
Alteration of any shareholder, registered capital or proportion of capital contribution of shareholders;
2.
Alteration of the name and domicile;
3.
Amendment to articles of association; and
4.
Other major matters prescribed by the CSRC.
Article 18
After any fund management company alters any shareholder, registered capital, proportion of capital contribution of shareholders,
the provisions of Chapter II of the present Measures shall be complied with for shareholder’s conditions, proportion of capital contribution
of shareholders, amount and registered capital of shareholder shared fund management companies.
Article 19
When disposing his/its capital contribution, a shareholder of a fund management company shall observe the following provisions:
1.
The shareholder shall be honest and in good faith when transferring capital contribution, and shall stick to the commitment he/it
made in subscribing or assigning capital contribution, and may not damage the legal rights and interests of fund shareholders;
2.
When transferring capital, the shareholder shall abide by the provisions of the Company Law on the preemptive rights enjoyed by other
shareholders, and may not do harm to the legal rights and interests of other shareholders by taking such improper measures as making
a false report on the transfer price, etc.;
3.
The shareholder and the transferee shall clarify the relevant matters concerned in the transfer period, so as to ensure that it will
not damage the legal rights and interests of the fund management company and fund shareholders. No shareholder may dispose his/its
capital contribution by such ways as share right custody, trust contract or secret agreement, etc.;
4.
If the matters concerning the alteration of shareholders are not approved by the CSRC or the relevant legal formalities have not been
gone through, the transferor shall continue to fulfill shareholder’s duties, and assume the corresponding responsibilities, and the
transferee may not exercise shareholder’s rights in any form; or
5.
Other provisions as prescribed by laws, administrative regulations and the articles of associations of the company.
Article 20
A shareholder must pay capital in currency in full for the registered capital increased by a fund management company.
Article 21
In case of any alteration of major matters, a fund management company shall submit an alteration application in accordance with the
provisions of the CSRC within 15 days from the date when the board of directors or the shareholders’ meeting adopts such a resolution.
If the alteration involves the transfer of capital contribution of any shareholder, and the fund management company fails to submit
an application as required, the relevant shareholder may submit an application directly.
Article 22
The CSRC shall accept the application of any fund management company for alteration of major matters in accordance with the Administrative
License Law and the provisions of paragraph 2, Article 14 of the Securities Investment Fund Law, and make examination and decision.
Article 23
The CSRC may conduct examination on the application of a fund management company for alteration of major matters concerned by such
ways of inviting the relevant personnel to talk, expert’s appraisal and checking, etc.
For the alteration of the principal shareholders of a fund management company, alteration of the shareholders whose aggregate proportion
of capital contribution exceeds 50%, or alteration of shareholders who have nominated the most directors, the CSRC shall conduct
examination with reference to the provisions of the present Measures for the establishment of a fund management company.
Article 24
In case the alteration of major matters of a fund management company concerns the industrial and commercial registration, a fund management
company shall go through the formalities for the alteration of registration at governmental the administrative department for industry
and commerce within 30 days from the date of receiving the document of approval.
If a fund management company is changed into a Sino-foreign joint venture fund management company, it shall also apply for the Certificate
of Approval for Foreign Investment Enterprises in accordance with the relevant provisions and open a foreign exchange capital account.
Article 25
In respect to the handling of the election and changing of senior management personnel of a fund management company to another post,
the laws, administrative regulations and the provisions of the CSRC shall be abided by.
Article 26
In case the alteration of major matters of a fund management company involve the alteration of the contents of Certificate of Qualification
for Fund Management, the fund management company shall obtain a new Certificate of Qualification for Fund Management with the original
one at the CSRC.
Article 27
A fund management company shall make a public notice on the alteration of major matters in accordance with laws, administrative regulations
and the provisions of the CSRC.
Article 28
A fund management company may not be dissolved until the CSRC has cancelled its fund management qualification.
The dissolution of a fund management company shall be handled in accordance with the Company Law and other laws and administrative
regulations.
Chapter IV Establishment, Alteration and Revocation of the Branches of a Fund Management Company
Article 29
A fund management company may set up a branch company or other forms of branch institutions as prescribed by the CSRC.
A branch of a fund management company may undertake the development of the range of funds, fund sale, and other business activities
authorized by the company.
Article 30
A fund management company shall meet the following conditions for the establishment of branches:
1.
The corporate governance is sound with perfect internal monitoring system, stable business management, and strong capacity for continuous
management;
2.
The company has not been imposed on administrative punishments or criminal penalties for acts in violation of laws and regulations
in the past year;
3.
The company is not under investigation by the regulatory institutions due to acts in violation of laws and regulations, or not in
the rectification period;
4.
The branches to be established have qualified name, offices, business personnel, safety and prevention facilities and other facilities
relating to the business;
5.
The branches to be established have clear functions and perfect management system; and
6.
Other conditions as prescribed by the CSRC.
Article 31
A fund management company shall submit application materials in accordance with the provisions of the CSRC for the establishment of
branches within 15 days from the date when the board of directors or the shareholders’ meeting adopt the resolution.
Article 32
The CSRC shall accept the application of a fund management company for the establishment of branches in accordance with the Administrative
License Law and the provisions of paragraph 2, Article 14 of the Securities Investment Fund Law, and make examination and decision.
The CSRC may conduct on-site inspection on the branches to be established.
Article 33
In case a fund management company alters or revokes branches, it shall report to the CSRC and the branch organ of the CSRC at its
locality within 30 days from the receipt of the document of approval.
Article 34
A fund management company shall go through registration formalities for the establishment of branches with the administrative department
for industry and commerce within 30 days from the receipt of the document of approval.
A fund management company shall go through the relevant formalities for alteration or revocation of branches with the administrative
department for industry and commerce according to the relevant provisions.
Article 35
A fund management company shall make a public notice on matters concerning the establishment, alteration or revocation of branches
in accordance with laws, administrative regulations and the provisions of the CSRC.
Chapter V Governance and Management of Fund Management Companies
Article 36
A fund management company shall establish a governance structure with sound organizational framework, clear division of functions,
effective check and balance and supervision, reasonable stimulation and restriction in accordance with the Company Law and other
laws, administrative regulations and the provisions of the CSRC, so as to keep the company running sound, and maintain the interests
of the fund shareholders.
Article 37
Shareholders of a fund management company shall fulfill legal obligations, and may not take up capital contribution in a false way,
withdraw or withdraw in disguised form the capital contributed.
Article 38
A fund management company shall define the scope of functions and rules of procedures of the shareholders’ meeting.
A fund management company shall establish business separation system with shareholders. A shareholder shall exercise power through
shareholders’ meeting in accordance with law, and may not exceed shareholders’ meeting and the board of directors to directly intervene
with the business management of the fund management company or the investment operation of fund property, nor may he require the
fund management company to cooperate with him in such business activities as securities underwriting and securities investment, etc.,
which impair the legal rights and interests of fund shareholders and other parties concerned.
Article 39
A fund management company shall, when its principal shareholders are unable to operate normally, call together other shareholders
and parties concerned to handle the relevant matters properly in light of the principle of being beneficial to protect the interests
of fund shareholders.
Article 40
A fund management company shall define the scope of functions and rules of procedure of the board of directors. The board of directors
shall formulate the basic systems of the company in accordance with the provisions of laws, administrative regulations and articles
of association of the company, and make decision on the relevant major matters, supervise and give rewards and punishments to the
business management personnel.
The board of directors and the chairman of the board may not exceed their authority to interfere in the concrete business activities
of the management personnel by.
Article 41
A fund management company shall establish and improve independent director system, the number of independent directors may not be
less than 3 persons, and may not be less than one third of that of the board of directors.
When the board of directors discusses the following matters concerned, they shall be passed by more than two thirds of the independent
directors:
1.
Major connected transaction of the company and in fund investment operation;
2.
Auditing affairs of the company and the fund, hiring or changing of accounting firms;
3.
Half-year report and annual report of the fund under the management of the company; and
4.
Other matters prescribed by laws, administrative regulations and articles of association of the company.
Article 42
A fund management company shall establish and improve supervisor system. The supervisor shall be hired by the board of directors and
shall be accountable to the board of directors, and conduct supervision over and audit on the legality and compliance of business
operation of the company.
When the supervisor finds out that there exists great risk in the company or any act of the company in violation of laws and regulations,
he shall notify the general manager and other relevant senior management personnel, and report to the board of directors, the CSRC
and the branch organ of the CSRC at its locality.
Article 43
A fund management company shall strengthen the role of the supervisory board or executing supervisor for their supervision over the
finance of the company and the performance of duties by the board of directors, so as to maintain the lawful rights and interests
of shareholders.
Article 44
The general manager of a fund management company shall be responsible for the business management of the company. The senior management
personnel and other staff members of a fund management company shall fulfill duties faithfully and diligently, and may not seek improper
interests for any shareholder, themselves or others.
Article 45
A fund management company shall establish an internal monitoring system, which is scientific and reasonable, strictly controlled and
operated with high efficiency in accordance with the provisions of the CSRC, establish a scientific and perfect internal monitoring
system, keep the business operation lawful and compliant, and keep the internal monitoring sound and effective.
Article 46
A fund management company shall establish and perfect an investment management system , which consists of such links as authorization,
research, decision-making, execution and appraisal, and deal fairly with the different fund properties and clients’ assets under
its management.
Article 47
A fund management company shall establish perfect fund financial business accounting and fund asset appraisal systems, strictly observe
the relevant provisions of the state, and reflect the status of fund property timely, accurately and completely.
Article 48
A fund management company shall establish and maintain an information management system, implement strict information management to
ensure the safety, truthfulness and integrity of clients’ materials and other information.
Article 49
A fund management company shall establish and perfect customs service standards, strengthen sales management, regulate fund publicity
and introduction, and may not have unjustifiable sales acts and unfair practices in competition.
Article 50
A fund management company may increase registered capital accordingly in light of the principle of prudent management and upon the
need of business development.
A fund management company shall draw risk reserves as required.
Article 51
A fund management company shall manage and use its own capital in accordance with the provisions of the CSRC.
When managing or using its own capital, a fund management company shall keep the company operate normally and may not damage the lawful
rights and interests of the fund shareholders.
Article 52
A fund management company shall establish effective management system and strengthen management on its branches. The branches may
not undertake business operations in such ways of contracting, leasing, custody and cooperation.
A fund management company may establish offices, but the offices may not undertake profit-making activities.
Article 53
A fund management company shall establish emergency preparedness system in accordance with the preparedness plan to properly handle
emergencies that may have great influence on the interests of fund shareholders, or may result in systematic risk, and seriously
affect the social stability.
Chapter VI Supervision and Administration
Article 54
Where any fund management company or any shareholder of a fund company disguises the relevant conditions or provides false materials
when applying for approval of relevant matters, the CSRC shall not accept the application. Even if the application has been accepted,
it shall not be approved.
Article 55
The CSRC shall conduct off-site inspections and on-site inspections on the corporate governance, internal monitoring, business operation,
risk status, and the relevant business activities of any fund management company in accordance with the provisions of laws, administrative
regulations and the provisions of the CSRC and in light of the principle of prudent supervision.
Article 56
The off-site inspection shall mainly be carried out in such ways of checking and approving the materials submitted by a fund management
company.
A fund management company shall submit the following materials to the CSRC and the branch organ of the CSRC at its locality:
1.
Annual report of a fund management company audited by the accountant firm that is qualified for undertaking securities related business;
2.
Annual appraisal report on the internal monitoring of a fund management company issued by the accountant firm that is qualified for
undertaking securities related business;
3.
Quarterly report and annual report of supervisions and audit; and
4.
Other materials to be submitted as required by the CSRC in light of the principle of prudent supervision.
Article 57
A fund management company shall submit annual report and annual appraisal report of the fund management company within 3 months after
the end of each year; and submit quarterly supervision and audit report within 15 days after the end of each quarter, and submit
annual supervision and audit report within 30 days after the end of each year.
Article 58
If any of the following circumstances occurs with respect to a fund management company, it shall report to the CSRC and the branch
organ of the CSRC at its locality within 5 days from the date of the occurrence:
1.
The capital contribution of the shareholders of the company is under the preservation in litigation or other measures taken by the
judicial organ;
2.
The shareholders of the company dispose its capital contribution;
3.
The shareholders of the company are under a merger, division or make major reorganization of assets and liabilities;
4.
The shareholders of the company are put on record by and under the investigation of the regulatory institutions or judicial organ;
5.
The shareholders enter into liquidation procedures or are taken over;
6.
The company and its directors, senior management personnel, fund managers are imposed on criminal or administrative penalties;
7.
The company and its directors, senior management personnel, fund managers are under the investigation of regulatory institution or
judicial organ;
8.
There are major changes in the financial situation of the company; or
9.
Other matters that have a great influence on the management of the company.
In case of the occurrence of any of the emergencies as prescribed in Article 53 of the present Measures, a fund management company
shall report immediately to the CSRC and the branch organ of the CSRC at its locality.
When a fund management company establishes, alters or revokes offices, it shall report to the CSRC and the branch organ of the CSRC
at its locality within 15 days from the date of such establishment, alteration or revocation.
Article 59
Where the competent authority at the regis
National Development and Reform Committee
Announcement of National Development and Reform Committee of People’s Republic of China
[2004] No. 58
The Quantity, the Application Conditions and the Principle of the Distribution of the Import Tariff Quotas of Grain and Cotton of
2005 is formulated in accordance with the Interim Measures for Administration of Tariff Quota of Import of Agricultural Products
and is hereby announced.
Attachment: The Quantity, the Application Conditions and the Principle of the Distribution of the Import Tariff Quotas of Grain and
Cotton of 2005
National Development and Reform Committee
September 30, 2004 Attachment:The Quantity, the Application Conditions and the Principle of the Distribution of the Import Tariff Quotas of Grain and Cotton of
2005
In accordance with the Interim Measures for the Administration of the Import Tariff Quotas of Agricultural Products (Decree No.4 of
the Ministry of Commerce and the National Development and Reform Commission of 2003), issues concerning the quantity, the application
conditions and the principle of the distribution of the import tariff quotas of grain and cotton of 2005 are now announced as the
following:
I.
The quantity of the import tariff quotas of grain and cotton of 2005 is: 9,636,000 tons of wheat, of which the state-run trade reaches
90%; 7,200,000 tons of corn, of which the state-run trade reaches 60%; 5,320,000 tons of rice (among which: 2,660,000 tons of long-grain
rice, 2,660,000 tons of medium-and-short-grain rice), of which the state-run trade reaches 50%; 894,000 tons of cotton, of which
the state-run trade reaches 33%.
II.
Any enterprise that imports the aforesaid agricultural products in such trade forms as general trade, processing trade, barter trade,
frontier small trade, assistance, donation, shall apply for the import tariff quotas of agricultural products, and handle the formalities
of Customs clearance by the certificate of the import tariff quotas of agricultural products. The products entering bonded warehouses,
bonded areas and export-oriented processing areas from abroad, shall be exempted from applying for the certificate of the import
tariff quotas of agricultural products.
III.
The fundamental conditions of the applicant who applies for the import tariff quotas of agricultural products are: Having registered
with the administration for industry and commerce of the state (a copy of the business license of the enterprise as a legal person
is required); Having good financial situation and tax payment record (it is necessary to provide relevant materials of 2003 and 2004);
Having no violation record in the field of the customs, industry and commerce, taxation, as well as inspections and quarantines from
2002 to 2004; Having passed the annual examination of enterprises of 2003; Committing no violation of the Interim Measures for the
Administration of the Import Tariff Quota of Agricultural Products.
On the premise of the above-mentioned conditions, the applicant of import tariff quotas shall also conform to one of the following
conditions:
1.
Wheat
(1)
State-run trade enterprise
(2)
Enterprise directly under the Central Government that has the function of national reserves;
(3)
Enterprise with actual achievements in import in 2004;
(4)
Manufacturing enterprise processing more than 400 tons of wheat every day;
(5)
Enterprise which is engaged in processing trade in which wheat is taken as raw materials, and which has no actual achievements in
import in 2004, but is enpost_titled to operate the import and export business and has obtained the certificate of the productive capacity
of processing trade issued by the local competent department of foreign trade and economic cooperation.
2.
Corn
(1)
State-run trade enterprise;
(2)
Enterprise directly under the Central Government that has the function of national reserves;
(3)
Enterprise with actual achievements in import in 2004;
(4)
Mixed fodder manufacturing enterprise that takes corn as raw materials and has an annual demand of more than 50,000 tons of corn;
(5)
Other manufacturing enterprise that takes corn as raw materials and has an annual demand of more than 100,000 tons of corn;
(6)
Enterprise which is engaged in processing trade in which wheat is taken as raw materials, and which has no actual achievements in
import in 2004, but is enpost_titled to operate in the import and export business and has obtained the certificate of the productive capacity
of processing trade issued by the local competent department of foreign trade and economic cooperation.
3.
Paddy and rice (respective application for long-grain rice and medium-and-short-grain rice is required)
(1)
State-run trade enterprise;
(2)
Enterprise directly under the Central Government that has the function of national reserves;
(3)
Enterprise with actual achievements in import in 2004;
(4)
Enterprise which has grain wholesale and retail qualifications and whose annual sale amount is more than 100 million RMB;
(5)
Trade enterprise whose annual amount of import and export grain is more than 25 million US dollars;
(6)
Enterprise which is engaged in processing trade in which paddy and rice are taken as raw materials, and which has no actual achievements
in import in 2004, but is enpost_titled to operate in the import and export business and has obtained the certificate of the productive
capacity of processing trade issued by the local competent department of foreign trade and economic cooperation.
4.
Cotton
(1)
State-run trade enterprise;
(2)
Enterprise with actual achievements in import in 2004
(3)
Cotton and textile enterprise with more than 50,000 ingots of weaving equipments;
IV.
The import tariff quotas of the above-mentioned agricultural products will be distributed in accordance with the applicant’s application
quantities, historic actual achievements in import, productive capacity, and other relevant commercial standards.
1.
If the quantity of the import tariff quotas may satisfy the overall application quantity of the eligible applicants, the quantity
of the import tariff quotas shall be distributed according to the applicant’s application quantity.
2.
If the quantity of the import tariff quotas can not satisfy the overall application quantity of the eligible applicants, the applicants
with actual achievements in import may have priority in obtaining quotas, while the applicants without actual achievements in import,
mainly based on their processing capacity or operation quantity, shall be distributed the import tariff quotas in proportion. If
the application quantity is less than the quantity distributed in proportion, the distribution shall accord with the application
quantity.
V.
The applying date of the import tariff quotas of grain and cotton of 2005 shall be from October 15, 2004 to October 30. The applicants
may obtain the application form of the import tariff quotas of agricultural products (See the attachment) from the institution entrusted
by the National Development and Reform Commission or download it in the website of the National Development and Reform Commission
(https://www.ndrc.gov.cn), and fill it in truthfully.
VI.
The institution entrusted by the National Development and Reform Commission shall be responsible for accepting enterprises’ applications
within its territory, and submit the applications that conform to the publicly announced conditions to the National Development and
Reform Commission before December 30, 2004. At the same time, a copy of aforesaid application shall be submitted to the Ministry
of Commerce.
VII.
The National Development and Reform Commission shall distribute the import tariff quotas of agricultural products to the final users
via the entrusted institutions before December 1, 2005.
Annex: the Application Form of the Import Tariff Quotas of Agricultural Products(omitted)
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