(Promulgated June 15, 1983 by the State Council.)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II CONTROL OF GOLD AND SILVER PURCHASES
CHAPTER III CONTROL OF ALLOCATED SALES OF GOLD AND SILVER
CHAPTER IV CONTROL OF MANAGING UNITS AND INDIVIDUAL SILVERSMITHS
CHAPTER V CONTROL OF GOLD AND SILVER TAKEN INTO OR OUT OF THE PEOPLE’S REPUBLIC OF CHINA
CHAPTER VI AWARDS AND PENALTIES
CHAPTER VII APPENDIX
CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are formulated to strengthen control over gold and silver, to guarantee the State’s gold and silver requirements Article 2. Reference to gold and silver in these Regulations includes: (1) gold and silver extracted during the mining of ore deposits and gold and silver as a by-product of smelting; (2) gold and silver bars, bullion, ingots and powder; (3) gold and silver coins; (4) gold and silver articles and gold or silver-based alloy articles; (5) gold and silver contained in chemical products; (6) leftover bits and pieces of gold and silver and gold and silver contained in waste residue, waste liquid and waste solids. Platinum (white gold) shall be controlled in accordance with the relevant regulations of the People’s Republic of China. Cultural relics containing gold and silver shall be controlled in accordance with the Law of the People’s Republic of China Governing Article 3. The State shall pursue a policy of unified control, monopoly purchase and distribution of gold and silver. The total income and expenditure of gold and silver of State organs, the armed forces, organizations, schools, State enterprises, Article 4. The People’s Bank of China shall be the State organ responsible for the control of gold and silver in the People’s Republic of China. The People’s Bank of China shall be responsible for the control of the State’s gold and silver reserves; responsible for the purchase Article 5. All gold and silver held by domestic units, with the exception of raw materials, equipment, household utensils and mementos which Article 6. All gold and silver legally gained by individuals shall come under the protection of the State. Article 7. No unit or individual within the territory of the People’s Republic of China shall use gold and silver as a pricing unit. Private
CHAPTER II CONTROL OF GOLD AND SILVER PURCHASES Article 8. All gold and silver purchases shall be transacted through the People’s Bank of China. No unit or individual shall purchase gold Article 9. All gold and silver extracted in the course of operations (including the production of ore deposits and as by-products of smelting) All the above-mentioned production units shall, in accordance with the relevant regulations, strengthen control over finished and Article 10. The State shall encourage managing units and units that utilise gold and silver to recover gold and silver from associated mineral All the gold and silver recovered by the above-mentioned units must be sold to the People’s Bank of China. Such units may not sell, Article 11. All gold and silver refined by domestic units as a by-product from imported gold, silver or ore materials, with the exception of Article 12. All gold and silver sold by individuals must be sold to the People’s Bank of China. Article 13. All excavated gold and silver without legal owners shall become State property. No unit or individual shall melt down, destroy All excavated gold and silver without legal owners found by a unit or individual shall be appraised by the local cultural administration Article 14. All gold and silver confiscated by State organizations in the areas of public security, the judiciary, customs, industrial and commercial
CHAPTER III CONTROL OF ALLOCATED SALES OF GOLD AND SILVER Article 15. All units that need to use gold and silver shall, in accordance with regulation procedures, file an application with the People’s The People’s Bank of China shall supply the gold and silver in accordance with the approved plan and shall not reduce or delay the Article 16. Wholly foreign owned enterprises, Sino-foreign joint ventures and foreign investors operating within the territory of the People’s Article 17. All units using gold and silver shall establish a utilization system whereby the amount used for a particular item is strictly controlled Article 18. The People’s Bank of China shall, within the scope of these Regulations, have the right to supervise and examine all units utilising
CHAPTER IV CONTROL OF MANAGING UNITS AND INDIVIDUAL SILVERSMITHS Article 19. All units that have applied to deal in (including processing and sales) gold and silver products, chemical products containing gold Article 20. Managing units shall operate their gold and silver business within its ratified scope. No unauthorised changes shall be made to Article 21. The casting and issuing of gold and silver-based commemorative coins shall be handled by the People’s Bank of China. No other units The export of gold and silver-based commemorative badges (plaques) shall be handled separately by the People’s Bank of China and the Article 22. Commission shops and second-hand shops shall not purchase or sell gold and silver articles and equipment. Jewellers may purchase Article 23. Individual silversmiths in the borderland minority nationality regions and in the coastal areas where relatives of overseas Chinese Article 24. The State shall permit individuals to mail gold and silver ornaments in accordance with specific control methods formulated by People’s
CHAPTER V CONTROL OF GOLD AND SILVER TAKEN INTO OR OUT OF THE PEOPLE’S REPUBLIC OF CHINA Article 25. No restriction shall be imposed on the amount of gold and silver brought into the People’s Republic of China, but declaration and Article 26. Inspection and clearance by the People’s Republic of China Customs of gold and silver taken or retaken abroad shall be made in accordance Article 27. Gold and silver ornaments (including gold and silver inlaid work, handicraft articles, household utensils etc.) taken out of the Article 28. When Chinese citizens, foreign nationals or Stateless persons residing in the People’s Republic of China wish to leave the People’s gold ornaments, 1 liang (31.25 grams) silver ornaments, 10 liang (312.50 grams) silver utensils, 20 liang (625 grams) An inspection shall be made by the People’s Republic of China Customs and clearance given only to amounts that conform to regulations. Article 29. There shall be no limit placed on the amount of gold and silver imported as raw materials for production by wholly foreign owned
CHAPTER VI AWARDS AND PENALTIES Article 30. Units or individuals who make the following contributions shall be cited or given appropriate material rewards by the State: (1) those who conscientiously carry out State policies and decrees in relation to gold and silver and make a marked contribution to (2) those who contribute prominently towards the protection of the State’s gold and silver reserves and the struggle against smuggling, (3) those who make contributions to the State by immediately declaring or handing in excavated gold and silver without a legal owner; (4) those who donate a personal collection of gold and silver to the State. Article 31. Violations of these Regulations in the following ways shall, in accordance with the severity of the action, bring penalties imposed (1) In relation to violations of Articles 8, 9, 10 and 11 of these Regulations involving the unauthorised purchase, sale, exchange In addition, the State Administration for Industry and Commerce may withdraw the business licence of any party who violates Article (2) In relation to violations of Article 13 of these Regulations involving the unauthorised melting down, destruction by melting or (3) In relation to violations of Article 17 of these Regulations, involving unauthorised changes to the utilisation of or the transferral (4) In relation to violations of Articles 19, 20, 21, 22 and 23 of these Regulations, involving unauthorised business operations, (5) In relation to violations of Article 7 of these Regulations, involving the use of gold and silver as a pricing unit or as a loan (6) In relation to violations of the provisions of Chapter 5 of these Regulations, involving the control of gold and silver taken (7) In relation to violations of Article 14 of these Regulations, the People’s Bank of China shall purchase the said gold and silver. Article 32. When violations of these Regulations constitute a criminal offence, the judicial organs shall, in accordance with the law, investigate
CHAPTER VII APPENDIX Article 33. Detailed rules for the implementation of these Regulations shall be formulated by the People’s Republic of China in conjunction Article 34. Necessary adaptations of regulations for the control of gold and silver in the borderland minority nationality regions shall be Article 35. These Regulations shall come into effect from the date of promulgation. All previous procedures for the control of gold and silver
|