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2005

ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS ON THE PARTIAL ADJUSTMENT OF THE EVALUATION STANDARDS FOR ENTERPRISE CLASSIFICATION

The General Administration of Customs

Announcement of the General Administration of Customs on the Partial Adjustment of the Evaluation Standards for Enterprise Classification

Announcement of the General Administration of Customs

December 20, 1999

The circular of the General Administration of Customs on the partial adjustment of the evaluation standards for enterprise classification
as of January 1, 2000 has been received. The content adjusted is announced as follows:

I.

Relevant customs shall not apply the deposit account systems for processing trade to enterprises that meet the conditions set in Article
29 of the Detailed Rules for the Implementation of the Measures of the Customs of the People’s Republic of China on Classified Enterprise
Administration.

Relevant customs shall apply the shadow deposit account system for processing trade to enterprises in the processing trade to which
A administration is applied according to Article 6 of the Measures of the Customs of the People’s Republic of China on Classified
Enterprise Administration, nor are there any deposit requirements for their import of goods under import restrictions.

The standards stipulated in the relevant documents shall be strictly observed while the evaluation of enterprises to which A administration
shall be applied being conducted. At the same time, the enterprises should be administrated dynamically. Customs shall make timely
adjustment of the administrative type upon discovery of enterprises’ involvement in the illegal practice of smuggling.

II.

The fine imposed on enterprises for their rule-violating practices shall not exceed RMB ￿￿10, 000, and shall not be entered into the
evaluation record of enterprises to which C administration is applied.

III.

If an enterprise’s rule-violating practices number two or more within one year, but still not surpassing 1￿￿f the number of declarations
it made at the Customs the year before, C administration shall still not be applied.

IV.

Unlawful practices occurring after January 1, 1999 shall be entered into the evaluation records of enterprise to which C administration
is applied.



 
The General Administration of Customs
1999-12-20

 






INTERIM PROVISIONS ON IMPOSING ADMINISTRATIVE OR DISCIPLINARY PUNISHMENTS ON CHEATED OR ILLEGAL PURCHASE, EVASION AND ILLEGAL BUYING AND SELLING OF FOREIGN EXCHANGE AND OTHER PRACTICES IN VIOLATION OF FOREIGN EXCHANGE CONTROL REGULATIONS

Category  BANKING Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-01-25 Effective Date  1999-01-25  


Interim Provisions on Imposing Administrative or Disciplinary Punishments on Cheated or Illegal Purchase, Evasion and Illegal Buying
and Selling of Foreign Exchange and Other Practices in Violation of Foreign Exchange Control Regulations



(Approved by the State Council on December 16, 1998, promulgated by Decree No. 7 of  the Ministry of Supervision, the Ministry of Personnel, the People’s Bank of China, the General Administration of Customs
and the State Administration of Foreign Exchange on January 25, 1999)

    Article 1  These Provisions are formulated according to the Regulations of the People’s Republic of China on Foreign Exchange Administration,
the Interim Regulations on State Functionaries, and the Regulations on Awarding and Punishing Enterprise Staff in order to maintain
the order of control over foreign exchange, punish acts in violation of foreign exchange control regulations and avoid financial
risks.

    Article 2  These Provisions are applied to State functionaries and working staff of financial organs which have been approved to
operate foreign exchange business and of State-owned foreign economy and trade enterprises.

    Financial organs which have been approved to operate foreign exchange business mentioned in these Provisions
refer to Chinese-funded banks, non-bank financial organs and their branches which have been approved to operate foreign exchange
business.

    The State-owned foreign economy and trade enterprises mentioned in these Provisions refer to State-owned foreign
trade companies, State-owned production enterprises which operate export and import, State-owned enterprises with operating rights
of export and import and enterprises which State property holds a dominant share or occupies a leading place.

    Article 3  Where an act in violation of foreign exchange control regulations listed in these Provisions is committed, in addition
to administrative penalties, administrative or disciplinary punishments shall be imposed upon the responsible persons concerned according
to these Provisions; where a crime is constituted, criminal liability shall be investigated according to law.

    Article 4  Working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign
economy and trade enterprises committing any one of the following acts of cheated purchase of foreign exchange, where the sum of
which is not more than 100,000 US Dollars, shall be imposed the punishment of keeping on employment but placing under surveillance;
where the sum of which is more than 100,000 US Dollars, they shall be imposed the punishment of dismissal.

    (1) to forge or alter vouchers and documents such as the Customs declaration sheet, import certificate, verification
certificate of foreign exchange control departments, etc.;

    (2) to use, buy or sell forged or altered vouchers and documents such as the Customs declaration sheet, import
certificate, verification certificate of foreign exchange control departments, etc.;

    (3) to repeatedly use vouchers and documents such as the Customs declaration sheet, import certificate, verification
certificate of foreign exchange control departments, etc.;

    (4) to provide capital in RMB or other services which, they clearly know, are to be used for cheated purchase
of foreign exchange;

    (5) to fraudulently purchase foreign exchange by other means.

    If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly
responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding
paragraph.

    Article 5  Working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign
economy and trade enterprises committing any one of the following acts of illegal purchase of foreign exchange, where the sum of
which is not more than 100,000 US Dollars, shall be imposed the punishment of warning, record of demerit or record of heavy demerit;
where the sum of which is not less than 100,000 US Dollars nor more than 1,000,000 US Dollars, they shall be imposed the punishment
of demotion or dismissal from post; where the sun of which is more than 1,000,000 US Dollars, they shall be imposed the punishment
of keeping on employment but placing under surveillance or of dismissal.

    (1) in violation the provisions of the State, to pay in RMB or reimburse in kind the money for imported goods
or other similar   payment which ought to be paid in foreign exchange, however, legal bartering trade shall not be included;

    (2) to pay in RMB for other persons’ expenditure incurred within China while receive their foreign exchange;

    (3) to provide capital in RMB or other services which, they clearly know, are to be used for illegal purchase
of foreign exchange;

    (4) to illegally purchase foreign exchange by other means.

    If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly
responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding
paragraph.

    Article 6  Working staff of financial organs which have been approved to operate foreign exchange business and of State-owned foreign
economy and trade enterprises committing any one of the following acts of evasion of foreign exchange, where the sum of which is
not more than 100,000 US Dollars, shall be imposed the punishment of dismissal form post; where the sum of which is not less than
100,000 US Dollars nor more than 1,000,000 US Dollars, they shall be imposed the punishment of keeping on employment but placing
under surveillance; where the sun of which is more than 1,000,000 US Dollars, they shall be imposed the punishment of dismissal.

    (1) in violation of the provisions of the State, to deposit foreign exchange outside China;

    (2) not to sell foreign exchange to designated foreign exchange banks according to the provisions of the State;

    (3) in violation of the provisions of the State, to remit or send foreign exchange outside China;

    (4) without approval of foreign exchange control departments, to arbitrarily carry or send foreign exchange
deposit certificate or foreign exchange negotiable securities outside China;

    (5) to provide capital in RMB or other services which, they clearly know, are to be used for evasion of foreign
exchange;

    (6) to evade foreign exchange by other means.

    If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly
responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding
paragraph.

    Article 7  Where working staff of financial organs which have been approved to operate foreign exchange business and of State-owned
foreign economy and trade enterprises, for a purpose of making profit, illegally buy or sell foreign exchange outside exchange places
prescribed by the State, the punishment of dismissal from post shall be imposed upon them if the sum involved is not more than 50,000
US Dollars or the illegal income is not more than 10,000 RMB yuan; if the sum involved is not less than 50,000 US Dollars nor more
than 100,000 US Dollars or the illegal income is not less than 10,000 RMB yuan nor more than 30,000 RMB yuan, the punishment of keeping
on employment but placing under surveillance shall be imposed; if the sum involved is not less than 100,000 US Dollars or the illegal
income is not less than 30,000 RMB yuan; the punishment of dismissal shall be imposed.

    If a unit commits any one of the acts mentioned in the preceding paragraph, the persons in charge directly
responsible and the other responsible persons shall be given disciplinary punishments according to the provisions of the preceding
paragraph.

    Article 8  If a State-owned foreign economy and trade enterprise causes other people to fraudulently purchase foreign exchange or
to illegally purchase foreign exchange because of its defects when operating import business as an agent, the persons in charge directly
responsible and the other directly responsible persons shall be imposed disciplinary punishments; if the sum involved is not more
than 100,000 US Dollars, they shall be imposed the punishment of warning, record of demerit or record of heavy demerit; if the sum
involved is more than 100,000 US Dollars but less than 1 million US Dollars, they shall be imposed the punishment of demotion or
dismissal form post; if the sum involved is more than 1 million US Dollars, they shall be imposed the punishment of keeping on employment
but placing under surveillance or of dismissal.

    Article 9  If a financial organ which has been approved to operate foreign exchange business causes other people to fraudulently
purchase, illegally purchase or evade foreign exchange because of its defects when settling exchanges, selling or paying foreign
exchange or opening accounts, the persons in charge directly responsible and the other directly responsible persons shall be imposed
disciplinary punishments; if the sum involved is not more than 100,000 US Dollars, they shall be imposed the punishment of warning,
record of demerit or record of heavy demerit; if the sum involved is more than 100,000 US Dollars but less than 1 million US Dollars,
they shall be imposed the punishment of demotion or dismissal form post; if the sum involved is more than 1 million US Dollars, they
shall be imposed the punishment of keeping on employment but placing under surveillance or of dismissal.

    Article 10  Where any State functionaries commit the any one of the acts of cheated or illegal purchase, evasion and illegal buying
and selling of foreign exchange and other practices in violation of foreign exchange control regulations, the punishment of demotion,
dismissal form post or dismissal shall be imposed.

    Article 11  If any State functionaries of the Customs or the foreign exchange control departments collude with persons who fraudulently
purchase, illegally purchase, evade or illegally buy or sell foreign exchange, and provide facilities to them, or provide service
to them even clearly knowing that the vouchers or documents are forged or altered, or cause other persons to fraudulently purchase,
illegally purchase, or evade foreign exchange because of their abuse of powers or practice of favoritism, the punishment of dismissal
shall be imposed.

    If any State functionaries of the Customs or the foreign exchange control departments cause other persons
to fraudulently purchase, illegally purchase, or evade foreign exchange because of their neglect of their duties, the punishment
of demotion or dismissal for post shall be imposed, if the circumstances are serious, the punishment of dismissal shall be imposed.

    Article 12  The persons in charge directly responsible shall be imposed the punishment of warning, record of demerit or record of
heavy demerit if they fail to stop or investigate and punish the acts in violation of foreign exchange control regulations happened
in their unit if the circumstances are relatively serious; if the circumstances are serious, the punishment of demotion or dismissal
form post shall be imposed.

    Article 13  It any State functionaries make advantage of their powers to shield acts in violation of foreign exchange control regulations
or commit any other acts hindering the supervision and check over law enforcement of foreign exchange control, the punishment of
dismissal for post or dismissal shall be imposed.

    If any working staff of financial organs which have been approved to operate foreign exchange business and
State-owned foreign economy and trade enterprises commit the acts prescribed in the preceding paragraph, the punishment of keeping
on employment but placing under surveillance or dismissal shall be imposed.

    If a unit commits the acts prescribed in the first paragraph of this Article, the persons in charge directly
responsible and the other directly responsible persons shall be respectively imposed administrative or disciplinary punishment according
to the provisions of the preceding two paragraphs.

    Article 14  Where persons who confess on their own initiative their acts in violation of foreign exchange control regulations and
return the foreign exchange and illegal income, or take measures on their own initiative to avoid losses, or make meritorious contributions,
the administrative or disciplinary punishment imposed on them may be lightened, reduced, or exempted.

    Where persons conceal the truth of facts, or produce false evidence by playing tricks, or hide or destroy
evidence, or refuse to provide the relevant documents, materials or certifying papers, the administrative or disciplinary punishment
shall be imposed in a heavier way or with severity.

    Article 15 If State-owned institutions independently operating import and export business and their working staff commit acts in violation of
foreign exchange control regulations prescribed in these Provisions, they shall be punished by reference to these Provisions.

    Article 16  These Provisions take effect as of the date of promulgation. These Provisions are applicable to the acts in violation
of foreign exchange control regulations which were committed after the effectiveness of the Regulations of the People’s Republic
of China on Foreign Exchange Control on April 1, 1996 and before the effectiveness of these Provisions but have not been handled.





CIRCULAR OF THE GENERAL ADMINISTRATION OF CUSTOMS, THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION, THE STATE ECONOMIC AND TRADE COMMISSION ON PRINTING AND ISSUING MEASURES OF THE CUSTOMS FOR ADOPTING CLASSIFIED ADMINISTRATION OVER ENTERPRISES

The General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission

Decree of the General Administration of Customs of the People’s Republic of China

No.71

The “Measures of the Customs of the People’s Republic of China for Adopting Classified Administration over Enterprises” is hereby
promulgated and shall come into force on June 1,1999.

The “Administration Measures of the Customs of the People’s Republic of China for Creditable Enterprises” which was implemented by
the General Administration of Customs on May 1,1988 is repealed simultaneously.

Minister of the General Administration of Customs Qian Guanlin

March 31 1999

Circular of the General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Economic and
Trade Commission on Printing and Issuing Measures of the Customs for Adopting Classified Administration over Enterprises

Shu Jian [1999] No.240

The Sub-Administration of Customs of Guangdong, the customs offices, each province, autonomous region and municipality directly under
the Central Government, and the Foreign Economic Relations & Trade Commission of cities specifically designed in the state plan,
Economic and Trade Commission (the Planning Commission, Planning and Economic Commission):

In order to promote the self-discipline and law-abidance of the enterprises, increase superintendent and administration of customs
efficiency, the General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Economic and
Trade Commission established Measures of the Customs for Adopting Classified Administration over Enterprises Order (hereinafter referred
to as ” Measures “) to league together, are hereby on printing and issuing to you. Please to promulgate as No.71 order of the General
Administration of Customs and shall come into force as of the day of June 1,1999. Now we hereby give our notice as follows regarding
relevant matters:

1.

The customs in charge mentioned in the Measures refer to the customs directly under the Customs General Administration. As the classified
management of enterprises involves wide and comprehensive work strongly, the various customs must strengthen organization and leadership
and establish a mechanism of common management on enterprises among the customs. The competent heads of various customs are required
to be responsible for setting up Committee of Classified Management of Enterprises at customs’ level and treating with important
issues. The daily implementation works are under the centralized management by specialized departments that are responsible for enterprise
registration management. The scope of its responsibility as follows:

(1)

Accepting and dealing with the application of the enterprises, examining relevant documents and materials submitted by enterprises.

(2)

Offer name list of enterprises which are applicable to be under management of Category A or Category D, will be submitted to the Customs
General Administration after the examination by the Committee of Classified Management of Enterprises of respective customs.

(3)

The name list of enterprises that are applicable to be under the management of Category B or Category C will be examined and approved,
and organize the implementation in respective customs’ region.

(4)

Regulating related work of various functional departments in a centralized way, collect feedback opinion and maintain database of
enterprises in respective customs’ region.

(5)

Setting up contact system with such related departments as Foreign Trade and Economic Cooperation, Economic and Trade Commissions,
Taxation, Industry and Commerce, and Foreign Exchange so as to communicate and share information with each other.

2.

The appraisal of classified enterprises undertaking processing trade shall be taken in common by enterprise administration departments
and competent authorities responsible for processing trade.

3.

The Measures emphasizes the dynamic classified management of enterprises. Therefore, various functional departments are required to
strengthen coordination in them so as to ensure the specific records such as record of bill examination, record of check, record
of tax payment,

record of verification and writing off, record of verification, and record of investigation kept by various sectors concerned to be
send back timely to the centralized management departments. Those smuggling or laws-violation enterprises shall be put into adjusted
category of

classified management as the occasion demands.

4.

Related regulations of Notice of Law Basis for Administrative Punishment Implemented on Units and Declarants without Taking Annual
Examination (Shufa [1996] No. 1021) and Inspection Regulation of the Customs of the People’s Republic of China promulgated by the
Customs

General Administration will be followed in implementing Suspend Enterprise Qualification for Customs Declaration or Cancel Enterprise
Qualification for Customs declaration, the 3rd and 4th sections of the article 15 of this Measures.

5.

In order to perfect classified management of enterprises, the Customs General Administration will set up the Committee of Classified
Management of Enterprises attended by relevant professional departments. On how the name list of Category A and D will be submitted
to the

Customs General Administration and how to implement the Measures in all the Customs’ regions, another operational provisions will
be drawn up and promulgated by Supervision and Administration Department and Customs-clearing Department of the Customs General Administration.
The annual import and export volume stipulated in Article 6 of the Measures shall take Customs’ statistics as standard.

6.

The former Inspection Department of the Customs General Administration and Research Institute of Social Science jointly designed the
Questionnaire of Enterprise’s Situation (see the appendix) and develop in complement System on Examining and Approving Classified
Enterprise which has been put into use in some Customs. Thus, various customs may use this system for reference to examine and approve
enterprises that are applicable to be under management of Category A that may be operated in a may of combination of human beings
and machines. Meanwhile, the Customs General Administration shall make this system further perfectly.

Those customs without drawing the system software shall apply for it from Supervision and Administration Department of the Customs
General Administration as soon as possible.

7.

In order to play role in guiding enterprises to abide by laws in operation and promote enterprises in self-warning and self-discipline,
various customs shall be diligent and responsible in appraisal and examination work, execute the standard of the Measures strictly
and operate the work in a realistic way.

8.

All the former measures of classified management of enterprises formulated by various customs shall be terminated in operation as
of the day when the Measures are come into force.

9.

The work on classified management of enterprises is in need of the supports and assistances from relevant departments. All customs
shall strengthen contact and cooperation with foreign trade and economic departments, and the opinions of relevant competent departments

such as foreign trade shall be heard and economic cooperation, economic and trade commission, tax, foreign exchange administration,
departments of industry and commerce, and banks so as to do a good job with concerted efforts.

The measures mentioned on above shall be implemented accordingly. In case there comes any problems in its implementation, please report
in time.

Appendix 1: Measures of the Customs General Administration of the People’s Republic of China on Performing Classified Management of
Enterprises

Appendix 2: Questionnaire on the Situation of Imported and Exported Enterprises (Omitted)

Appendix 1:Measures of the Customs of the People’s Republic of China for Adopting Classified Administration over Enterprises

Article 1

These Measures are formulated in accordance with the Customs Law of the People’s Republic of China and other relevant laws and regulations
and in order to facilitate the lawful import and export of goods of the enterprises, promote the self-discipline and law-abidance
of the enterprises and effectively operate the Customs’ administration.

Article 2

“Enterprises” mentioned in these Measures shall be the enterprises and units directly involved in import and export activities, including:
enterprises with foreign investment, foreign trade companies, commercial materials enterprises having the import and export right,
production enterprises and scientific research academies and institutes having the self-operating import and export right, processing
trade operating units and processing deal enterprises, enterprises engaging in bonded warehousing operations, enterprises using or
dealing in tax-reduced or exempted import goods, enterprises engaging in Customs declaration services, enterprises transporting goods
under Customs control, enterprises having warehouses for goods under Customs control, units dealing in duty-free foreign exchange
commodities and other enterprises directly involved in import and export activities as stipulated by the General Administration of
Customs.

Article 3

In accordance with the enterprises’ operation and management situations, Customs declaration conditions and abidance of Customs law
and regulations, the Customs introduces A, B, C and D administration classes and shall adopt the dynamic classified administration
over the enterprises.

Article 4

The administration classes applicable to the enterprises shall be examined and determined by the competent Customs offices in the
places where the enterprises are located respectively. Of them, the list of the enterprises under A-or D-class administration shall
be submitted to the General Administration of Customs for the record. The General Administration of Customs shall send a copy of
the list of the enterprises under A-class administration to the Ministry of Foreign Trade and Economic Cooperation.

Article 5

The B-or C-class administration shall be organized and adopted by the competent Customs offices within their respective Customs areas.
The A-or D-class administration shall be organized and adopted by the General Administration of Customs within all Customs areas
throughout the country.

Article 6

If an enterprise meets the following requirements, the competent Customs office shall, according to the application by the enterprise
and upon examination and approval by the Customs, adopt A-class administration over the enterprise. If a foreign trade company has
its annual import and export volume at or more than US$30 million or its annual export volume at or more than US$20 million or a
production enterprise has its self-operated export volume at or more than US$10 million (its self-operated export volume of mechanical
and electronic products at or more than US$5 million), it may be considered in priority.

(1)

It has been registered for two years or more, and

1.

It has no record of smuggling or irregularities for two consecutive years;

2.

It has no record of default of Customs duty for two consecutive years;

3.

Its processing trade contracts have been verified and written off on time for two consecutive years; and

4.

It has no record of unauthentic declaration within two years after the inspection exemption agreement for the commodities that must
be inspected by the Customs office is signed;

(2)

The documents and certificates submitted by it to the Customs are authentic, complete and valid;

(3)

It has normal import and export business operations;

(4)

Its accounting system is perfect: sound financial and accounting books, reasonable account items and authentic and feasible business
records;

(5)

It has appointed special persons responsible for Customs matters;

(6)

The error rate of its Customs declaration forms is below 5% for two consecutive years; and

(7)

If an enterprise has the warehouses for storing the goods under Customs control, its warehouse management system is sound, its warehouse
detail accounts are clear, its warehouse-in and warehouse-out slips (including materials acquisition slips) are specially controlled,
and its account records are consistent with its goods.

Article 7

When an enterprise applies for A-class administration to the Customs, it shall submit a written application to the competent Customs
office. If an enterprise resorts to deception or files a unauthentic application, the Customs shall not accept its application for
A-class administration within two years. In submitting the written application, the enterprise shall submit the following documents
in two copies simultaneously:

(1)

Duplicate copy or photocopy of the valid document approving its business issued by the competent department of foreign trade and economic
cooperation or by any other competent department;

(2)

Annual enterprise examination certificate;

(3)

Self-appraisal report of the enterprise against the requirements listed in Article 6 of these Measures;

(4)

Enterprise Survey Form signed by the legal representative or his authorized representative of the enterprise and affixed with its
official seal; and

(5)

Written comments issued by the competent department of foreign trade and economic cooperation in the place where the enterprise is
registered.

Article 8

The Customs shall strictly examine the relevant documents and archive materials submitted by the enterprises, shall make the examination
according to their actual Customs passage, shall approve the enterprises if they meet the requirements and shall notify the enterprises
within 30 days.

Article 9

If an enterprise has any of the following circumstances, the Customs shall adopt C-class administration over it:

(1)

It has irregularities twice in one year or dodges or evades the duty payable totaling more than 50,000 Yuan Renminbi but less than
500,000 Yuan Renminbi;

(2)

It defaults the Customs duty totaling less than 1 million Yuan Renminbi;

(3)

Its management of accounting books is poor or its accounting books and documents fail to truthfully and effectively reflect its import
and export business operations;

(4)

It loses important business documents or refuses to provide relevant books and materials, thus causing the impossibility of Customs
control;

(5)

It fails to fulfill the verification and writing -off formalities for processing trade contracts according to the provisions;

(6)

The error rate of its Customs declaration forms is more than 10% in one year;

(7)

It lends the enterprise’s name to others for the purpose of Customs declaration and tax payment for import and export goods; or

(8)

It has been given such administrative penalties as criticism through circulation of a public notice or warning by the competent department
of foreign trade and economic cooperation in its export and import business activities.

Article 10

If an enterprise has any of the following circumstances, the Customs shall adopt D-class administration over it:

(1)

It dodges or evades the duty payable through smuggling totaling more than 500,000 Yuan Renminbi within two years (the accumulated
amount if several smuggling activities are involved);

(2)

It forges or alters the import or export license or document of approval;

(3)

It smuggles in goods or articles that are prohibited for import or export by the State;

(4)

It defaults the Customs duty totaling more than 1 million Yuan Renminbi;

(5)

It cheats for tax preference for the processing trade through the means of false manual, false Customs declaration form or false document
of approval;

(6)

It creates hidden layers or hidden containers in the means of transport used for carrying the goods under Customs control;

(7)

It has been suspended or revoked of its foreign trade operation license by the competent department of foreign trade and economic
cooperation; or

(8)

It has committed a crime of smuggling and has been investigated for criminal responsibility according to law by the judicial organ.

Article 11

If an enterprise is found through examination as not to meet the requirements for A-class administration but does not have the circumstances
listed in Articles 9 and 10 of these Measures, the Customs shall adopt B-class administration over it.

Article 12

The name list of the enterprises under A-class administration shall be issued by the General Administration of Customs to all Customs
offices for implementation, and on the basis of implementation of the regular administration system, the following facilities shall
be provided:

(1)

Special counters shall be set up at the Customs business sites and the priority facility shall be given to the goods declaration,
inspection and release formalities; and at the request of the enterprises, the priority “door-to-door” inspection for the goods shall
be carried out.

(2)

With approval of the General Administration of Customs, Customs officers may be sent to the factories for control or the computerized
administration may be adopted for the enterprises engaging in processing trade. Unless the State provides otherwise, the system of
bank guarantee deposit account shall not be required.

(3)

For the goods for which guarantee is permitted according to the provisions, the Customs shall inspect and release them according to
the letter of guarantee submitted by the enterprises and shall not require the money of guarantee.

(4)

The samples for inspection are not required for the commodities in the catalogue of commodities that must be inspected by the Customs
for the enterprise’s import.

(5)

The facilities for the enterprises in offering the EDI Customs declaration shall be provided.

(6)

The production enterprises and research academies and institutes having the self-operating import and export right may apply to the
Ministry of Foreign Trade and Economic Cooperation for the establishment of import and export companies, and the Customs shall give
priority to them in completing the Customs declaration registration formalities.

Article 13

The Customs shall adopt the regular administration system over the enterprises to which B-class administration is applicable.

Article 14

The Customs shall impose the key control on enterprises to which C-class administration is applicable, including the following measures:

(1)

The money of guarantee must be paid for the goods for which guarantee is permitted according to the provisions;

(2)

The money of guarantee must be paid according to the set rate in applying for the record of the processing trade contract;

(3)

Their business activities shall be put into key auditing and inspection;

(4)

Key inspection shall be imposed on their import and export goods;

(5)

Their application for Customs declaration and the record at places other their locations shall not be allowed; and

(6)

Relevant information shall be reported to the State Economic and Trade and Commission and the Ministry of Foreign Trade and Economic
Cooperation.

Article 15

The Customs shall adopt the following measures over the enterprises to which D-class administration is applicable:

(1)

The record for new processing trade contracts shall not be allowed;

(2)

Import and export goods shall be inspected one-by-one according to the declaration forms;

(3)

According to the relevant provisions, the enterprise’s qualifications of Customs declaration, the enterprise’s qualifications for
transporting goods under Customs control or the enterprise’s qualifications for bonded warehousing business shall be temporarily
suspended.

(4)

If the circumstances are serious, the enterprise’s qualifications for Customs declaration, the enterprise’s qualifications for transporting
goods under Customs control or the enterprise’s qualifications for bonded warehousing business shall be deprived of according to
the relevant provisions; and

(5)

Relevant information shall be reported to the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation.
The Ministry of Foreign Trade and Economic Cooperation or its authorized competent department of foreign trade and economic cooperation
at the provincial level shall give administrative penalties to the enterprise according to the Interim Provisions on Imposition of
Administrative Penalties as Warnings or Suspension or Revocation of the Operation License in Foreign Trade or International Cargo
Agency on the Enterprises Committing Irregularities or Smuggling Activities.

Article 16

The Customs shall adopt the dynamic classified administration over the enterprises. Once an enterprise is found to have any of the
circumstances listed in Articles 9 and 10 of these Measures, the Customs shall immediately make corresponding adjustment in the administration
class applicable to the enterprise, and shall adopt C-or D-class administration over it. Of them, if A-class administration is applicable
to the enterprise prior to the adjustment, the competent Customs office shall inform the enterprise that it does not adopt A-class
administration, and shall report the adjustment result to the General Administration of Customs within seven days. The General Administration
of Customs shall notify all Customs offices throughout the country, and at the same time, shall send a copy of the adjustment result
to the Ministry of Foreign Trade and Economic Cooperation.

Article 17

If an enterprise to which D-class administration is applicable does not have any of the circumstances listed in Article 10 of these
Measures within two years, the Customs shall adopt C-class administration over it; if an enterprise to which C-class administration
is applicable does not have any of the circumstances listed in Articles 9 and 10 of these Measures within one year, the Customs shall
adopt B-class administration over it.

Article 18

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

Article 19

These Measures shall go into effect as of June 1,1999. The Measures for Administration of Trustworthy Enterprises by the Customs of
the People’s Republic of China became effective as of May 1,1988 shall be repealed simultaneously.



 
The General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Economic and
Trade Commission
1999-03-31

 






CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON ISSUING THE PROPOSALS OF THE STATE ECONOMIC AND TRADE COMMISSION AND OTHER DEPARTMENTS ON FURTHER IMPROVING THE BANK GUARANTEE ACCOUNT SYSTEM FOR PROCESSING TRADE

Category  FOREIGN TRADE Organ of Promulgation  The General Office of the State Council Status of Effect  In Force
Date of Promulgation  1999-04-05 Effective Date  1999-06-01  


Circular of the General Office of the State Council on Issuing the Proposals of the State Economic and Trade Commission and Other
Departments on Further Improving the Bank Guarantee Account System for Processing Trade


Appendix: Proposals on Further Improving the Bank Guarantee Account

(Promulgated by Document No. [1999] 35 the General Office of the State Council on April 5,1999)

    The Proposals on Further Improving the Bank Guarantee Account System for Processing Trade, submitted by the
State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs,
the Ministry of Finance, the State Administration of Taxation, the People’s Bank of China, and the State Administration of Foreign
Exchange, has been approved by the State Council and now are hereby transferred to you for implementation and fulfillment.

Appendix: Proposals on Further Improving the Bank Guarantee Account
System for Processing Trade (March 26, 1999)

    The bank guarantee account system for processing trade, which has been
implemented since 1995, has played active role in regulating the management
of processing trade and promoting healthy development of processing trade.
Processing trade has now become an important part of our foreign trade,
playing an import role in exploiting our labor resource advantage, enlarging
export, increasing employment, attracting foreign capital, and promoting the
development of local economy. In order to perfect the management of
processing trade, maintain the normal processing trade order, prevent and
attack smuggling, tax evasion and foreign exchange evasion in the veil of
processing trade and other illegal acts, proposals on further improving the
bank guarantee account system for processing trade are hereby put forward as
follows:

    1.Put management into practice according to the classification of commodities in the processing trade.

    In accordance with the requirements of the industry policy of the State, optimize commodity structure of processing
trade step by step; direct processing trade to the orientation of high technology and high extra value.

    Based on the commodities, classify processing trade into three types: the banned, the limited, and the permitted.

    (1) the banned type refers to commodities of which the import is prohibited by the Foreign Trade Law of the
People’s Republic of China and on which the Customs cannot conduct bond supervision.

    (2) the limited type refers to commodities whose imported materials or parts of which the prices at abroad
and at home are different greatly and difficult for the Customs to supervise.

    As for the processing trade of limited commodities, “actual transferring”
of the bank guarantee account system should be applied. That is, except type
“A” enterprises defined by this text, when other enterprises engaged in
processing trade import restricted parts and materials, the customs should
collect surety as tariffs and import value-added tax, and return the surety
with interest to enterprises after they fulfil the processing within the time
limit and transact the procedure of cancel after verification.

    (3) the permitted type refers to the other commodities not included in the banned and limited types. Except
type “C” enterprises defined by this text, the current system of “null transferring” should be applied to the permitted type.

    The commodities catalogue of managerial classification of processing trade should be determined and adjusted
at due time by the State Economic and Trade Commission together with the Ministry of Foreign Economy and Trade Cooperation and the
General Administration of Customs, and promulgated by the Ministry of Foreign Economy and Trade Cooperation.

    2.Apply classified management to enterprises engaged in processing trade.

    Enterprises engaged in processing trade are classified into four types: type A, type B, type C, and type D.
The lists of enterprises of type A, C, and D are determined by the General Administration of Customs together with the Ministry of
Foreign Economy and Trade Cooperation, and promulgated by the Ministry of Foreign Economy and Trade Cooperation. Dynamic management
should be applied to management of the lists of enterprises classification, and the lists should be adjusted at due time. The enterprises
of type B will not be listed out.

    (1) type “A” enterprises refer to bonded factories which are authorized by the General Administration of Customs
and supervised by the Customs-sent personnel who station at the factories and which engage in processing trade according to law and
have no record of rule-breaking acts of smuggling, or to enterprises which engage in processing trade of special industries such
as of airplanes, ships, etc. The imported materials and parts used for processing trade by type A enterprises are supervised by the
Customs, and the bank guarantee account system is not applied to them.

    The bank guarantee account system is not exercised in the processing trade conducted by enterprises in bonded
areas, the Measures for Customs Supervision in Bonded Areas are implemented.

    (2) type B enterprises refer to enterprises which are engaged in processing trade according to law and have
no record of rule-breaking acts of smuggling, the existing system of “null transferring” should continue to be applied to type B
enterprises.

    (3) type C enterprises refer to enterprises which are confirmed to have committed some rule-breaking acts
by the Customs in accordance with the relevant provisions of the Ministry of Foreign Economy and Trade Cooperation and the General
Administration of Customs. As for type C enterprises, the actually transferring of bank guarantee account is applied. The customs
should collect guarantee on the imported materials and parts for processing trade equals to the amount of import tax and import value-added
tax that should be imposed.

    (4) type D enterprises refer to enterprises which are confirmed to have committed the acts of smuggling or
not less than three times of rule-breaking acts by the Customs. As to type D enterprises, in addition to the handling by the Customs
according to law, the competent department of foreign economy and trade should suspend their operations rights of processing trade.
As to enterprises with foreign investment, the competent department of foreign economy and trade should notify the Customs to suspend
their import and export business for one year.

    As for the enterprises engaged in commissioned processing business, the classification principles and management
measures thereof are implemented by reference to the provisions in this Part.

    3.The management of “actual transferring” of bank guarantee account

    Enterprises engage in processing trade of which the imported materials and parts belong to the type of limited
commodities and type C enterprises should, when handling bank guarantee account according to provisions,  deposit the guarantee
into the designated account opened by the Customs in the Bank of China. After the enterprise has proceeded and exported its products
and undertaken the procedure of cancellation after verification within the stipulated time limit, the Bank of China should, on the
basis of the notice of account cancellation issued by the Customs, undergo the procedure of refund of guarantee, and calculate and
pay interest according to the interest rate of current deposit. Where an enterprise does not export the products or sell the products
in domestic market upon approval, the Customs should timely notify the Bank of China to transfer the guarantee and its interest into
tax and interest of deferred tax.

    4.Strengthen the management of processing trade at different localities.

    As for processing at different Customs territories, the operation unit of processing trade should closely
contact the competent department of foreign economy and trade as well as the competent Customs at the place where the processing
and producing enterprise is located, and should be strict in checking the factory and in the management of contract registration
and record.

    As for the processing trade in the form of commissioned processing, the operation unit must sign a commission
contract of processing with the processing and producing enterprise. The operation unit should not sell the imported materials and
parts with bond to the processing and producing enterprise, otherwise, it should be punished according to the relevant provisions
of the Customs Law of the People’s Republic of China.

    When the operation unit commissions a type C enterprise to process, the Customs must collect corresponding
amount of guarantee from the operation unit and then undertake the record of contract. The operation unit should not commission type
D enterprises to process.

    5.Restrain the management on changing factory to further process.

    (1) when the processing trade enterprises transact the business of further processing and then exporting with
the bonded commodities which have been carried froward, the enterprises should abide by the provisions on classified management of
commodities, apply for the verification from the competent department of foreign economy and trade. After obtaining the verification,
the enterprises may go to the Customs with the verifying document and undergo the procedure of carrying forward, the Customs then
apply strict supervision with bond according to the approval document of the competent department of the foreign economy and trade.

    (2) as for limited commodities and those which type C enterprises need to further process in another factory,
the Customs should supervise them according to the approaches applied in transportation between different territories or computer-net
management. If transportation between different territories or computer-net management cannot be realized, the Customs will collect
guarantee equaling to tax for forwarding and further processing of bonded commodities.

    (3) As for the business of forwarding and further processing, the involved enterprises may settle accounts
in a similar way as that of export and import trade, and undergo the procedure of paying exchange when importing and receiving exchange
when exporting as well as cancellation after verification.

    6.Further perfect protection mechanism of pursuing tax payment.

    If the enterprises engaged in processing trade establish bank guarantee account for the first time, they must
provide basic account number and certification of the bank where they opened their accounts. Conversely, they must preserve basic
account number. When the enterprises are pursued tax payment from caused by rule-breaking acts, the Customs will draw up the notification
of detention and send it to the bank where they opened their basic accounts. The banks concerned must co-operate with the Customs
to detain tax in accordance with the Law of the People’s Republic China on Tax Collection.

    7.Strictly control the act of domestic sale of the processing trade.

    The finished products of processing trade should be re-exported, and should not enter domestic market. If
for some particular reasons the products need to be sold at home market or used to produce domestically sold commodities, the matter
must be reported to the competent department of foreign economy and trade next higher the original approving organ of contract. On
the basis of the approval document of the competent department of foreign economy and trade, the Customs should collect tax and tax
interest of the imported materials and parts according to the provisions of the State, the term for calculating interest begins from
the declaration date on which the materials and parts are imported and ends at the date of paying tax in arrears. If the imported
materials and parts are the commodities under the administration of import quota license or registration, the operation unit should
submit authentication or import authorization for domestic sale or producing domestically sold commodities. If the unit cannot submit
such an authentication within the term of cancellation of verification, apart from the due tax and tax interest, the customs will
impose a fine, which is more than 30% of the value of the parts and materials imported and less than 100% of them. The enterprises,
which are engaged in domestic sale of the bonded parts and materials imported or the processed products with no authentication, should
be handled according to the Customs Law of the People’s Republic of China.

    8.Formulate the standards for wasting, strengthen cancellation after verification by the Customs.

    The General Administration of Customs and the State Economic and Trade Commission should, together with the
relevant industry bureaus of the State, formulate and promulgate in batches the uniform national wasting quota standards for imported
commodities of processing trade, which are to be used as the basis for examination, approval and supervision as well as cancellation
after verification of the number of the imported parts and materials. The competent department of foreign economy and trade must
examine and approve of the contracts of processing trade (including the business of carrying forward the products and further processing)
according to the standards, the Customs must cancel after strict verification according to the standards.

    9.Reinforce the co-ordination between departments and execute comprehensive management.

    Processing trade is easily influenced by policies; it involves many links. The relevant competent departments
should co-operate closely, and realize the interconnection of computer system among department in the examination and approval, recording
and cancellation after verification in relation to processing trade. An inter-ministry meeting for processing trade should be set
up by the State Economic and Trade Commission, together the Ministry of Foreign Trade and Economic Cooperation, the General Administration
of Customs, the Ministry of Finance, the State Administration of Taxation, the People’s Bank of China, the State Administration of
Foreign Exchange and the Bank of China, which will regularly exchange information and study policies, so as to do a good job in the
administration of processing trade.

    The contracts for processing trade, which have been approved by the competent department of foreign economy
and trade and been recorded by the Customs before the issuance of this Circular, should be implemented according to original provisions
of the bank guarantee account system.

    The relevant competent departments should formulate specific administration measures respectively according
to the above-mentioned proposals, and put them into force as of June 1, 1999.





PROVISIONS ON ADMINISTRATIVE PENALTY AGAINST PRICE-RELATED UNLAWFUL PRACTICES

Category  PRICE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1999-08-01 Effective Date  1999-08-01  


Provisions on Administrative Penalty against Price-related Unlawful Practices



(Approved by the State Council on July 10, 1999, promulgated by the State Development and Planning Commission on August 1, 1999)

    Article 1  These Provisions are formulated according to the relevant provisions of the Price Law of People’s Republic of China (hereinafter referred to as Price Law) in order to penalize price-related unlawful
practices according to law and protect lawful rights and interests of consumers and operators.

    Article 2  The competent price control departments of the people’s governments at or above the county level shall conduct supervision
and inspection on price-related activities according to law, and make decides on the administrative penalties against price-related
unlawful practices.

    Article 3  Administrative penalties against price-related unlawful practices shall be decided by the competent price control departments
of the local people’s governments at the places where the price-related unlawful practices take place; if the competent price control
department of the State Council stipulates that the administrative penalties shall be decided by the competent price control departments
at higher levels, such stipulations shall prevail.

    Article 4  If an operator, in violation of the provisions of Article 14 of the Price Law, commits any one of the following acts,
he shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five times the
illegal earnings; if there are no illegal earnings, he shall be given a warning, and may also be fined not less than 30,000 yuan
nor more than 300,000 yuan; if the circumstances are serious, he shall be ordered to suspend the business for rectification, or have
his business license revoked by the administrative department of industry and commerce:  

    (1) colluding with others and control the market price, which impairs the lawful rights and interests of other
operators and consumers.

    (2) except the sale of fresh goods, seasonal commodities or old stock at reduced price according to law, dumping
at price lower than cost in order to elbow out competitors or monopolize the market, which disturbs the normal order of production
and operation and impairs the rights and interests of the state and other operators.

    (3) in providing the same commodities or services, carrying out price discrimination against other operators
with the same trade terms.

    Article 5  An operator, in violation of the provisions of Article 14 of the Price Law, who forces up prices and pushes the prices
of commodities to rise too highly by fabricating and spreading price- rising information, or inveigling consumers or other operators
to transact with him by employing fake or misleading price instruments, shall be ordered to make corrections, have his illegal earnings
confiscated, and may also be fined not more than five times the illegal earnings; if there are no illegal earnings, he shall be given
a warning, and may also be fined not less than 20,000 yuan nor more than 200,000 yuan; if the circumstances are serious, he shall
be ordered to suspend the business for rectification, or have his business license revoked by the administrative department of industry
and commerce.

    Article 6  An operator, in violation of the provisions of Article 14 of the Price Law, who raises or depresses prices in disguised
forms by selling or buying commodities or providing services by the means of driving up or down the rank, shall be ordered to make
corrections, have his illegal earnings confiscated, and may also be fined not more than five times the illegal earnings; if there
are no illegal earnings, he shall be given a warning, and may also be fined not less than 10,000 yuan nor more than 100,000 yuan;
if the circumstances are serious, he shall be ordered to suspend the business for rectification, or have his business license revoked
by the administrative department of industry and commerce.

    Article 7  An operator who commits any one of the following acts by failing to implement government guided prices or government fixed
prices shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five times
the illegal earnings; if there are no illegal earnings, he may be fined not less than 20,000 yuan nor more than 200,000 yuan; if
the circumstances are serious, he shall be ordered to suspend the business for rectification:

    (1) setting down prices in excess of the floating range of government guided prices;

    (2) setting down prices higher or lower than government fixed price;

    (3) laying down prices for commodities or services the price of which are falling into the range of government
guided prices or government fixed prices without any authorization;

    (4) advancing or postponing the implementation of government guided prices or government fixed prices;

    (5) laying down charging items or standards for charges by himself;

    (6) increasing charging standards in disguised forms such as disintegrating charging items, charging repeatedly
and widening charging range;

    (7) continuing to charge fees on the items that the government has abolished by formal decree;

    (8) in violation of provisions, charging fees in disguised forms such as cash deposit or mortgage;

    (9) providing services and charging fees in compulsion or in disguised compulsion forms;

    (10) providing services not in conformity with provisions but charging fees;

    (11) other acts not implementing the government guided prices or government fixed prices.

    Article 8  An operator who does not implement legal price intervention measures or emergency measures and commits any one of the
following acts shall be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than five
times the illegal earnings; if there are no illegal earnings, he may be fined not less than 40,000 yuan nor more than 400,000 yuan;
if the circumstances are serious, he shall be ordered to suspend the business for rectification:

    (1) not excreting the system of price-raising declaration or of price-adjusting record;

    (2) exceeding the range of price difference ratio or profit ratio;

    (3) not implementing the prescribed check price or lowest protective price;

    (4) not implementing the measure for centralizing price-setting authorities;

    (5) not implementing the measure for freezing prices;

    (6) other acts not implementing legal price intervention measures or emergency measures;

    Article 9  If the operator mentioned form Article 4 to Article 8 is an individual, he may be fined not more than 50,000 yuan for
his price-related unlawful practices without any illegal earnings.

    Article 10  An operator, in violation of laws or regulations, who makes exorbitant profits shall be ordered to make corrections, have
his illegal earnings confiscated, and may also be fined not more than five times the illegal earnings; if the circumstances are serious,
he shall be ordered to suspend the business for rectification, or have his business license revoked by the administrative department
of industry and commerce.

    Article 11  An operator who, in violation of the provisions on clear marking of prices, commits any one of the following acts shall
be ordered to make corrections, have his illegal earnings confiscated, and may also be fined not more than 5,000 yuan:

    (1) not marking prices;

    (2) not marking prices according to prescribed contents and forms;

    (3) selling commodities at overcharged prices in addition to marked prices, or charging unmarked fees;  

    (4) other acts violating the provisions on clear marking of prices.

    Article 12  Those who refuse to provide information that is necessary in price supervision and inspection or provide fake information
shall be ordered to make corrections and given a warning; if no corrections are made by the expiration of the time limit, they may
be fined not more than 50,000 yuan, the persons in charge directly responsible and the other directly responsible persons shall be
imposed disciplinary sanctions.

    Article 13  If the illegal activities of an operator are found to possess the following three conditions at the same time during price
supervision and inspection, the competent price control departments under governments may order him to suspend the related business
according to the provisions of Sub-paragraph 3 of Article 34 of the Price Law:

    (1) the circumstances of the illegal activities are complex and serious, which may be given comparatively
severe punishment upon investigation;

    (2) the illegal activities will continue if the related business is not suspended;

    (3) the illegal activities may influence the confirmation of the illegal facts and other measures can not
guarantee the inspection if the related business is not suspended.

    When the competent price control departments under governments conduct price supervision and inspection, the
law enforcement officials shall not be less than two, and they shall show their credentials to the operators or persons concerned.

    Article 14  Operators causing consumers or other operators to pay more money because of their price-related unlawful practices shall
be ordered to have it returned within the time limit; and they shall be ordered to look for consumers or operators paying more money
by publishing an announcement; the money that cannot be returned by the expiration of the time limit of the announcement shall be
regarded and handled as illegal earnings.

    Article 15  Operators falling under the conditions listed in Article 27 of the Administrative Penalty Law shall be punished lightly
or given a lighter punishment according to law.

    Under any one of the following circumstances, operators shall be punished with severity:

    (1) the price-related unlawful practices are serious or have great social influence;

    (2) they are found in violation provisions in every inspection;

    (3) forging, altering, transferring or destroying proofs;

    (4) transferring the capital or commodities related to the price-related unlawful practices;

    (5) other price-related unlawful practices that shall be punished with severity.

    Article 16  If an operator disagrees with the punishment decision made the competent price control department under government, he
shall firstly make an application for administrative reconsideration according to law; if he disagrees with the administrative reconsideration
decision, he may file a suit in the people’s court.

    Article 17  If the fine is not paid by the expiration of the time limit, an additional fine shall be imposed at a rate of 3% the amount
of the fine per day; if the illegal earnings is not paid by the expiration of the time limit, an additional fine shall be imposed
at a rate of 0.2% the amount of the illegal earnings per day.

    Article 18  As for the units and individuals that commit price-related unlawful practices listed in these Provision, if the circumstances
are serious and they refuse to make corrections, in addition to the punishments that shall be imposed upon them according to these
Provisions, the competent price control departments under governments may make public their price-related unlawful practices at their
business places till they make corrections.

    Article 19  Price law enforcement officials disclosing State secrets or operators’ commercial secrets, or abusing their powers, neglecting
their duties, practising favoritism for personal interests shall be investigated for criminal liabilities according to law if crimes
are constituted; if no crimes are constituted, administrative sanctions shall be imposed upon them according to law.

    Article 20  These Provisions take effect as of the date of promulgation.





CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION (MOFTEC) ON ISSUES CONCERNING TECHNOLOGY INTRODUCTION OF ENTERPRISES WITH FOREIGN INVESTMENT

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) on Issues Concerning Technology Introduction of Enterprises
with Foreign Investment

WaiJingMaoZiFa [1999] No.573

September 28, 1999

MOFTEC has consulted with the State Administration of Foreign Exchange (SAFE) on issues concerning the foreign exchange purchase and
payment of enterprises with foreign investment for technology introduction. Today SAFE promulgated the Circular for Simplifying Procedures
of Foreign Exchange Sale and Payment of Enterprises with Foreign Investment for Technology Introduction. To render coordination in
this regard, related issues are hereby notified as follows:

1.

Competent local foreign trade and economic authorities should fully comply with the provisions in the state laws and regulations governing
foreign capital attraction and the Circular for Simplifying Procedures of Foreign Exchange Sale and Payment of Enterprises with Foreign
Investment for Technology Introduction of the State Administration of Foreign Exchange and carefully conduct examination and approval
of technology introduction contracts of enterprises with foreign investment.

2.

When newly approved enterprises with foreign investment are formulating their joint operation contracts and statutes, if the attachments
of the joint operation contracts include those of technology introduction, it should be clearly stated in the approval document that
the approved joint operation contract includes an attachment of technology introduction contract (the name of the technology introduction
contract should be clearly stated).

3.

Technology introduction contracts that have been approved as the attachments of the joint operation contracts of enterprises with
foreign investment should be confirmed by the foreign capital administration department of former examination and approval authorities
with a confirmation letter, in which the name of the technology introduction contract should be clearly stated.

4.

All competent foreign trade and economic authorities should strengthen their examination of the authenticity of technology introduction
contracts. Foreign investors contributing capital in the form of technology do not fall in the range of confirmation.

It is hereby notified.



 
The Ministry of Foreign Trade and Economic Cooperation
1999-09-28

 






METEOROLOGICAL SERVICES

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1999-10-31 Effective Date  2000-01-01  


Law of the People’s Republic of China on Meteorological Services

Contents Chapter I  General Provisions?    Chapter II  Construction and Management of Meteorological Facilities?    Chapter III  Meteorological Survey?    Chapter
IV  Weather Forecast and Severe Weather Warning?    Chapter V  Precautions against Disasters?    Chapter
VI  Exploitation and Protection to Climate Resources?    Chapter VII  Legal Liabilities?    Chapter
VIII  Supplementary Provisions
Chapter I  General Provisions Article 1 This Law is formulated with a view to improving

(Adopted at the 12th Session ofthe Standing Committee of the Ninth

National People’s Congress on October 31, 1999. Promulgated by the Order
No. 23 of the President of the People’s Republic of China on October 31,
Contents Chapter I  General Provisions?    Chapter II  Construction and Management of Meteorological
Facilities?    Chapter III  Meteorological Survey?    Chapter IV  Weather
Forecast and Severe Weather Warning?    Chapter V  Precautions against Disasters?    Chapter
VI  Exploitation and Protection to Climate Resources?    Chapter VII  Legal Liabilities?    Chapter
VIII  Supplementary Provisions
Chapter I  General Provisions Article 1 This Law is formulated with a view to improving
meteorological cause, and standardizing meteorological work, and issuing
weather forecast accurately and timely, and taking precautions against
disasters, and exploiting and protecting climate resources reasonably, and
providing weather service for economic construction, defense construction,
social development and people’s life. Article 2 This Law shall be applied to the meteorological activities
conducted in the People’s Republic of China and other maritime belt under
the jurisdiction of the People’s Republic of China, such as meteorological
survey, forecast, service, precautions against weather disasters,
exploitation of climate resources and research on weather scientific
technology. Article 3 Meteorological cause is the basic public welfare undertaking
of economic construction, defend construction, social development and
people’s life.  Meteorological job shall put the weather services of public
welfare in the first place.?  The people’s governments at or above county level shall strengthen their
leadership and coordination to weather services, and bring meteorological
cause into the plan of social development and the budget of central
authorities and local national economy at the same level so as to ensure
bringing its function of services for social public, the policy decision
of governments and economic development into full play.?  Where the people’s governments at or above county level, in accordance

with the need of local social economy development, establish  the items of
local meteorological cause, the investment is mainly bore by local finance.?  Weather stations, predicated on assuring bare
weather services of public
welfare, may launch meteorological charge services according to law. Article 4 The weather stations, subordinate to the competent

meteorological agencies in counties and cities, shall mainly serve
agriculture production, and provide the meteorological information services
of public welfare timely and actively needed by the guarantee to local
agriculture production. Article 5 The competent meteorological agency under the State Council
is responsible for national meteorological services.  Local competent
meteorological agencies at different levels, under the leadership of higher
competent meteorological agencies and the people’s government at the
corresponding level, are responsible for the meteorological services in
their respective administrative divisions.?  Other relevant departments under the State Council and the meteorological
agencies subordinate to the relevant departments of the People’s
governments in provinces, autonomous regions and municipalities shall
subject their meteorological services to the guide, supervision and
industrial management of the competent meteorological agencies at the same
level. Article 6 The ones, engaged in the pursuits of meteorological business,
shall abide by the technical standards, specifications and rules formulated
by the state. Article 7 The state encourages and supports the following activities,
such as scientific and technical research on meteorology, the
popularization of meteorological scientific knowledge, the fosterage of
qualified meteorologist, the spread of advanced meteorological science and
technology, the protection to meteorological scientific and technological
achievements, the reinforcement of international meteorological cooperation
and exchange, the development of meteorological information cause and the
enhancement of meteorological services level.?  The people’s governments at different levels shall be concerned for and

support the construction and function of meteorological stations in the
areas inhabited by the minority nationalities, in outlying and impoverished
districts, in arduous areas and in islands.?  The unites and individuals, making outstanding contributions to
meteorological services, shall be encouraged by giving awards. Article 8 The foreign organizations and individuals engaged in
meteorological activities in the territory of the People’s Republic of
China and other sea areas within the jurisdiction of the People’s Republic
of China must be approved by the competent meteorological agency under the
State Council in presence of relevant departments. Chapter II  Construction and Management of Meteorological Equipment Article
9 The competent meteorological department under the State
Council shall organize relevant departments to establish the construction
planning of important meteorological facilities, including meteorological
survey facilities, specific transmission facilities of meteorological
information, large-scale meteorological technical equipment, and implement
it after approved by the State Council.  The judgment and modification to
the construction planning of meteorological facilities must be reported to
the State Council for approval.?  The establishment of the construction planning for meteorological
facilities shall conform with the principals of reasonable distribution,
effective exploitation and the consideration of necessary of both present
and a long term, and avoid double construction. Article 10 The construction projects of important meteorological
facilities, prior to the approval to a proposal reports and a research
report of feasibility, shall be permitted based on examination by the
competent meteorological department under the State Council or the
competent meteorological departments in provinces, autonomous regions and
municipalities in accordance with the consequential limits for examination
and approval of items. Article 11 The state protects meteorological facilities in accordance
with law.  Any units or individuals may not be permitted to disseize, to
derogate or to move meteorological facilities without authorization.?  Where meteorological facilities sustain damages because
of force
majesture, local governments shall adopt emergency measures, and organize
force to repair, and assure meteorological facilities of normal operation. Article 12 Any organizations or individuals may not move
weather
stations without approval by law; where organizations really need to move
base weather stations of state, and basic weather stations because of the
implementation of urban planning or key project constructions of state,
they shall report to the competent meteorological agency under the State
Council.  Where it needs to move other weather stations, they shall report
to the competent meteorological agencies in provinces, autonomous regions
and municipalities for approval.  The fee for movement and construction
shall be bore by construction units. Article 13 Special meteorological technical equipment shall conform
with the technical requirements provided by the competent meteorological
agency under the State Council, and they shall be qualification based on
the examination of the competent meteorological department under the State
Council; the ones without examination, or the ones unqualified based on
examination may not be used in meteorological business. Article 14 Meteorological measurement instruments shall, in accordance
with the relevant stipulations of Measurement Law of the People’s Republic
of China, be examined by agencies of measurement examination.  
The meteorological measurement instruments, without investigation,
unqualified based on examination or surpassing duration of validity, may
not be used.  The competent meteorological agency under the State Council
and the competent meteorological agencies in provinces, autonomous regions
and municipalities shall, based on the requirement, establish standard
instruments of meteorological measurements.  Their highest standard
instruments of measurement, in accordance with the stipulations of
Measurement Law of the People’s Republic of China, shall be used after
qualification based on examination. Chapter III  Meteorological Survey Article 15 The weather stations subordinate to competent
meteorological
agencies at different levels shall, in accordance with the stipulations of
the competent meteorological agency under the state Council, conduct
weather survey and hand the meteorological survey materials over relevant
competent meteorological agencies.  They may discontinue weather
observation without the approval of higher meteorological competent
agencies.?  The competent meteorological agency under the state Council and relevant
local competent meteorological agencies shall timely issue basic
meteorological survey materials according to the stipulations of the state. Article 16 Other relevant departments under the State
Council and the
weather stations subordinate to other relevant departments of provinces,
autonomous regions and municipalities and other organizations or
individuals engaged in meteorological survey shall deliver the acquired
meteorological survey materials to the meteorological competent agency
under the State Council or the competent meteorological agencies in
provinces, autonomous regions and municipalities in accordance with the
relevant stipulations of the state.  ?  Competent meteorological agencies at different levels shall, in
accordance with the principal of participation and common of use of
meteorological materials, change relevant meteorological information
materials with other agencies engaged in meteorological work based on the
relevant stipulations of the state. Article 17 The drilling platforms on the inland waters, marginal seas
of the People’s Republic of China and other marine belts within the
jurisdiction of the People’s Republic of China and the air vehicles used
on international airlines with the nationality of the People’s Republic of
China, the vessels of ocean navigation shall, in accordance with the
relevant stipulations of the state, conduct weather survey and report
meteorological survey materials. Article 18 Where the meteorological survey materials, except basic
meteorological survey materials are demanded to maintain secrecy, the
determination, modification, declassification and use of secret degree
shall be conducted based on the stipulations of Law of the People’s Rep
ublic of China on Guarding State Secrets. Article 19 The state protects the environment of weather survey by law.  
Any organizations and individuals are all the ones having the obligation
of protecting the environment of weather survey. Article 20 The following acts endangering the environment of weather
survey are forbidden:?  (1) To place obstacles, to conduct demolition, and to gather stones
within the protected scope of the environment of meteorological survey ;?  (2) To establish high frequency electromagnetic
radiation influencing
the efficacy of operation of weather survey facilities within the protected
scope of the environment of weather survey;?  (3) To be engaged in other acts influencing weather survey within the
protected scope of the environment of weather survey.?  The standard of delimitation for the protected scope of the environment

of weather survey is provided by the competent meteorological agency under
the State Council.  The people’s governments at different levels shall
delimit the protected scope of the environment of weather survey in
accordance with legal standards and put them into urban planning or village
and town planning. Article 21 The construction projects, such as new projects, extension
projects and reconstruction projects, shall be on prevention of the damage
to the environment of weather survey; where they are really unavoidable,
the environment of survey of base weather stations and of basic
meteorological stations under the state, construction units shall, prior
ask the competent meteorological agency under the State Council for
approval; the environment of survey subordinate to other weather stations,
construction units shall prior ask the competent meteorological agencies in
provinces, autonomous regions and municipalities for approval and may just
make a construction after relevant measures are adopted. Chapter IV  Weather Forecast and Severe Weather Warning Article
22 The state shall institute a unified issuing system to public
weather forecast and severe weather warning.?  The weather stations subordinate to the competent meteorological agencies

at different levels shall issue public weather forecast and severe weather
warning to society according to their obligations and make a supplement or
a revision to them timely according to the change of climate.  Any other
organizations or individuals may not issue public weather forecast or
severe weather warning to society.?  Other relevant departments under the State council and the weather
stations subordinate to the relevant departments of provinces, autonomous
regions and municipalities may issue special weather forecast for the use
of their system.?  The competent meteorological agencies at different levels and the weather
stations subordinate to them shall enhance the accuracy, promptitude and
service level of public weather forecast and severe weather warning. Article 23 The weather stations subordinate to competent meteorological

agencies at different levels shall issue professional weather forecast
according to the needs, such as weather forecast on agriculture, weather
forecast on urban environment, degree forecast on fire insurance, and
coordinate with military meteorological departments conducting the work of
weather service required by defense construction. Article 24 The broadcasting stations and television stations at
different levels, and the newspapers appointed by people’s governments at
provincial level shall arrange special time or a special space of a whole
page to broadcast or to issue public weather forecast or severe weather
warning every day.?  The weather stations subordinate to the competent meteorological
agencies at different levels shall assure the quality of weather forecast
programs made by them .?  The unites distributing broadcast and TV program, changing the planned
time of broadcast of weather forecast, shall prior ask relevant weather
stations for their approval; the broadcasts to the severe weather warning
causing probably serious effect to nation’s economy and to the people’s
livelihood and the supplement and correction to weather forecast shall be
timely increased or interposed. Article 25 Where the media, such as broadcast , TV, newspaper and
electronic information, disperses weather forecast or severe weather
warning to society, it must employ the timely meteorological information
provided by the weather stations under competent meteorological agencies
and mark a releasing hour and the name of the weather station.  The income,
from dispersing meteorological information, shall be drawn partly to
support the development of meteorological cause. Article 26 Ministry of Information Technology and Telecom Industries
shall act in close coordination with competent meteorological agencies, and
ensures the clean of obstructions in meteorological communication, and
transfer weather information, weather forecast and severe weather warning
accurately and timely.  Where the special channels of meteorological radio
and channels are under the protection of the state, any units or
individuals may not act in possession by squeeze and interference. Chapter V  Precautions against Weather Disasters Article
27 The people’s governments at or above county level shall
strengthen the survey to weather disasters and the construction of system
of early warning, and organize relevant departments to establish the plans
of defense against weather disasters, and adopt effective measures to
enhance the ability of defense against weather disasters.  Relevant
departments and individuals shall submit themselves to the command and
arrangement of people’s governments, and do the work of defense against
weather disasters well. Article 28 Competent meteorological agencies at different levels shall
organize joint monitoring and prediction work to serious disastrous weather
of transboundary districts and transboundary departments.  They shall
timely propose the measures taken for prevention against weather disasters,
and make assessments to serious weather disasters and propose decision-
making criterion for the defense against weather disaster organized by
their people’s governments.?  The weather stations subordinate to the competent meteorological agencies
at different levels shall strengthen the monitoring and forecast to the
probable affect to local weather disasters, and report them to relevant
competent meteorological agencies timely.  The weather stations subordinate
to other relevant departments and the units, having relation with weather
monitoring and forecast to weather disasters, shall timely propose the
information about meteorological monitoring needed by the monitoring and
forecast to weather disasters and relevant monitoring information about
the situation of water and windstorm tides. Article 29 The people’s governments at or above county level shall
formulate defense program against weather disasters in accordance with
the need of defense against weather disasters, and organize the
enforcement of the plan of the defense against weather disasters in
accordance with the weather information provided by meteorological
competent agencies, and avoid or reduce weather disasters. Article 30 The people’s governments at or above county level shall
strengthen the leadership of artificially affecting weather and launch
the work of artificially affecting weather in accordance with actual
situation in a organized and planned way.?  The competent meteorological agency under the State Council shall
strengthen the management and guidance to national work of artificially
affecting weather.  The local competent meteorological agencies at
different levels shall formulate the operation plan of artificially
affecting.  The local competent meteorological agencies at different
levels shall formulate the operation plan of artificially affecting
weather, and under the leadership and coordination of their people’s
governments, they manage, guide and organize the enforcement of operation
artificially affecting weather.  Relevant departments shall do their
best at the relevant jobs of artificially affecting weather by
coordination with competent meteorological agencies in accordance with
duty labor.?  The organizations, enforcing the operation of artificially affecting
weather must have the condition of qualification provided by the competent
meteorological agencies in provinces, autonomous regions and
municipalities, and use the operating facilities conforming with the skill
standard required by the competent meteorological agency under the State
Council, and abide by operating specifications. Article 31 The competent meteorological agencies at different levels
shall strengthen the organization and management to the defense work
against thunder and lightning disaster, and guide the monitoring work of
the buildings, fixtures hit probably by thunder and lightning and
conservatory installations against thunder and lightning disaster installed
by other facilities.?  The installed conservatory installations against thunder and lightning
disaster shall conform with the requirement for use provided by the
competent meteorological agency under the State Council. Chapter VI  Protection and Exploitation of Climate Resources Article
32 The competent meteorological agency under the State Council
is responsible for the comprehensive investigation to national climate
resources, and the work of division into districts, and organize conducting
meteorological monitoring, analysis and assessment, and conduct the
monitoring to the aerial elements probably causing climate worse, and
regularly issue bulletins of national weather state. Article 33 The people’s governments at or above county level shall make
plans to the direction and focal point protection of exploitation of
climate resources in accordance with the characteristics of local climate
resources.?  The competent meteorological agencies at different levels shall propose
the suggestions about the exploitation and protection of climate resources
and the extension of applied division into districts of climate resources
to their local governments and relevant departments at the same level
according to the plans of their governments. Article 34 The competent meteorological agencies at different levels
shall organize the feasibility demonstration to the exploitation items of
climate resources, such as city plan, key construction projects of state,
the items of important regional economic development, large-scale solar
energy and wind energy.?  Where the units, having the qualification of evaluation of the effect on
air environment conduct the assessment to the affect on air environment of
the items of projects construction, they shall adopt the meteorological
materials provided or examined by competent meteorological agencies. Chapter VII  Legal Responsibilities Article 35 Where
the ones violate the stipulations of this Law and
commit one of the following acts, the relevant competent meteorological
agencies, in accordance with their competence, shall order them to suspend
their illegal acts, and set a time limit for recovery of the original state
or adopting other remedial measures, and impose a fine of not more than
50,000 yuan; where such act causes loss, they bear the liability for
compensation according to law; where such act constitutes a crime, they
shall be investigated for criminal responsibilities:?  (1) Disseising, destroying or moving meteorological facilities without

approval;?  (2) Being engaged in damaging activities of meteorological monitoring
environment within the protected scope of meteorological monitoring
environment.?  Where the units approve to occupy land in violation of law within the
protected scope of meteorological monitoring environment, or occupy land
illegally to construct new buildings or other installations, they shall
be subjected to sanctions in accordance with the relevant stipulations of
Urban Planning Law of the People’s Republic of China or Land Management
Law of the People’s Republic of China. Article 36 Where any units or individuals use special meteorological
technical facilities inconsistent with technical requirements in violation
of this Law; where such act constitutes damages, relevant competent
meteorological departments shall order them to correct according to their
competence and give them warnings, and impose a fine of not more than
50,000 yuan. Article 37 Where any ones install the protective facilities of thunder
and lightning disasters inconsistent with the requirement for use in
violation of the stipulation of this Law, the agencies order them to
correct, and give them warnings.  Where any units cause damages to others
because of using the protective facilities of thunder and lightning
disasters inconsistent with the requirements for use, they shall bear the
liability for compensation according to law. Article 38 Where any ones have one of the following acts in violation
of this Law, relevant competent meteorological agencies order them to
correct according to their competence, and give them warnings, and impose
a fine of not more than 50,000 yuan:?  (1)Issuing illegally public weather forecast and severe weather warning
to society;?  (2) Where the media disperses public weather forecast, severe weather
warning to society, the media, such as broadcast, TV, newspaper and
communications, fail to adopt the timely meteorological information
provided by the weather stations subordinate to competent meteorological
agencies.?  (3) Where the units, engaged in the estimation to the affect of air
environment, conduct the estimation to the affect of air environment of
the items of construction projects, they adopt the meteorological
materials which are not provided or examined by competent meteorological
agencies. Article 39 Where the ones implement the operation of artificially
affecting weather without the conditions of qualification provided by
competent meteorological agencies in provinces, autonomous regions and
municipalities in violation of the stipulations of this Law, or implement
the operation of artificially affecting weather where ones adopt the
operation facilities inconsistent with the technical standard required by
the competent meteorological agency under the State Council.  Relevant
competent agencies order them to correct in accordance with their
competence and give them warnings, and impose a fine of not more than
10,000 yuan; where such act causes damages to others, they shall bear the
liability for compensation by law; where such act constitutes a crime,
they shall be investigated for criminal responsibilities. Article 40 Where the staff of competent meteorological agencies at
different levels and the staff of weather stations subordinate to the
meteorological competent agencies at different level cause the accidents
such as grossly failing to declare, misstating public weather forecast,
severe weather because of through neglect their duties, and losing or
damaging original meteorological monitoring materials and counterfeiting
meteorological materials, they shall be subjected to administrative
sanctions by law; where such act causes the heavy damages to the state
interest and people’s life and poverty; where such act constitutes a crime,
they shall be investigated for criminal responsibilities by law. Chapter VIII  Additional Rules Article 41 The implication
of the following terms in this law means:?  (1) Meteorological facilities mean meteorological monitoring facilities,
special transmission facilities used by meteorological information and
large-scale meteorological special technical facilities:?  (2) Meteorological monitoring means the conduction of the system
of
observation and survey to air and air physical process near layer,
phenomenon and their chemical quality by using scientific and
technological measures.?  (3) Meteorological monitoring environment means, in order to avoid
various disturbance and to ensure the environment space constructed by
the smallest distance needed by meteorological monitoring facilities
accurately acquiring meteorological monitoring information.?  (4) Weather disaster means the disasters caused by typhoon,
storm(snow),
coldwave, strong wind (sandstorm), low temperature, high temperature, arid,
thunder and lightning, hailstone, frost, and greater fog.?  (5) Artificially affecting weather means the following activities,
such
as in order to avoid or to reduce weather disasters, and to fairly use
weather resources, and to conduct artificially affect to partial atmosphere
physics and chemical process by scientific and technological means under
proper conditions so as to realize the aim of increasing rain and snow, to
prevent hail, to dispel rain, to dispel fog and to prevent fog. Article 42 The special management rules to weather stations, other

units engaged in weather services with consideration, and the scope, items
and charging of weather service with consideration shall be formulated by
the State Council in accordance with this Law. Article 43 The management rules of the meteorological work of People’s
Liberation Army of China shall be formulated by Central Military Commission. Article 44 Where the international treaties about meteorological

activities, concluded with the People’s Republic of China or joined by the
People’s Republic of China have different stipulatio

MEASURES FOR THE ADMINISTRATION OF BANK CARD BUSINESS






Measures for the Administration of Bank Card Business

(People’s Bank of China January 27th, 1999)

Chapter I General Provisions

Article 1

In order to enhance the administration of bank card business, prevent the risks in bank card business and safeguard the legitimate
rights and interests of commercial banks, cardholders, specially engaged entities and other parties concerned, the present Measures
are constituted subject to the Law of the People’s Republic of China on the People’s Bank of China, the Law of the People’s Republic
of China on Commercial Banks, the Regulations of the People’s Republic of China on the Administration of Foreign Exchanges and the
related administrative laws and regulations.

Article 2

Bank card as referred to in the present Measures are the credit payment instruments issued by commercial banks (including postal
financial institutions, similarly hereafter) to the society, which have some or all such functions as consumption credit, transfer
and settlement and depositing and withdrawing cash, etc..

Without the approval of the People’s Bank of China, no commercial bank may issue any bank card.

Article 3

All the commercial banks, cardholders and merchants that handle the bank card business within the territory of the People’s Republic
of China and other parties concerned shall abide by the provisions of the present Measures.

Article 4

Commercial banks shall, on the basis of negotiation and mutual benefit, carry out information sharing, merchant sharing, machine
sharing and other types of combination in bank card business.

Chapter II Categorization and Definition

Article 5

Bank cards are divided into credit cards and debit cards.

Bank cards may be divided into Renminbi cards and foreign currency cards in light of the type of the currency; entity cards (commercial
card) and individual cards in light of the objective of issuance; and magnetic cards and integrated circuit (IC) cards in light of
the information carrier.

Article 6

Credit cards may be divided into credit cards and quasi-credit cards subject to whether it has deposited an imprest in the card-issuing
bank.

Credit card permits the cardholder to consume before payment within the credit limit granted by the card-issuing bank.

Quasi-credit card requires the cardholder to deposit a certain amount of imprest in the card-issuing bank in advance as provided for
by this bank, and permits the cardholder to overdraw, when the balance in the account of imprest is not sufficient to pay, within
the credit limit provided for by the card-issuing bank.

Article 7

Debit cards may be divided into cards for transferring accounts (including savings cards, similarly hereinafter), cards for special
purposes and stored-value cards. Overdrawing is not included in the function of the debit cards.

Article 8

The card for transferring accounts belongs to the debit card, which performs a utility of real-time deduction of accounts. Its functions
comprise transfer, settlement, depositing and withdrawing cash, and consumption.

Article 9

The card for special purpose means the debit card, which is used in certain designated location for any special purpose. Its functions
comprise transfer, settlement, depositing and withdrawing cash.

Special purpose means that it shall be used other than in the industries of general merchandise, catering, restaurant and entertainment.

Article 10

Stored-value card is the purse-style debit card which requires payment in advance, and the money of the cardholder is transferred
into this card by the card-issuing bank as required by the cardholder, and then when a transaction is made, the money is deducted
from the card.

Article 11

Co-branded/affinity card is an supplementary product of bank card issued by a commercial bank in cooperation with a profitable/non-profitable
institution, the category of the bank card it supplements must be a category that has the approval of the People’s Bank of China
and the issuance and operation of the said category of the bank card shall comply with the business regulations or administrative
measures accordingly.

The card-issuing bank and the co-branded entities shall promise a certain discount or special services for the cardholders when any
consumption using the cards occurs to any of the co-branded entities. If any cardholder obtains and uses the affinity card, it indicates
their support to the affinity entities.

Article 12

Integrated circuit (IC) card may be applied to a single category of bank card, and to a combined category of bank cards as well.

Chapter III Examination and Approval of Bank Card Business

Article 13

Any commercial bank that develops the bank card business shall meet the requirements as follows:

(1)

it shall have been opened for three years or more and have a sound foundation for handling retail business;

(2)

it shall comply with the indicators as issued by the People’s Bank of China for asset-liability ratio administration and surveillance
and it shall have a sound business performance;

(3)

it shall have set up a scientific and perfect internal control system for this business and have specific procedures for the examination
and approval of internal authorization;

(4)

it shall have qualified management and technical personnel and administrative department accordingly;

(5)

it shall have a safe and efficient computer processing system;

(6)

it shall have the qualification for developing the foreign exchange business and have the corresponding operational and administrative
expertise for the foreign exchange business in case of issuing any foreign currency card;

(7)

other requirements as provided for by the People’s Bank of China.

Article 14

A commercial bank that satisfies the aforesaid requirements may apply for developing the bank card business to the People’s Bank
of China and shall file the materials as follows:

(1)

an application report that demonstrating the necessity and feasibility and performing market forecasts;

(2)

articles of association or administrative measures for the bank card, draft card designs;

(3)

internal control system and risk prevention measures;

(4)

a testing report concerning system security and qualified technical standards as issued by the competent authorities of science and
technology of the People’s Bank of China;

(5)

other materials as required by the People’s Bank of China.

Article 15

The articles of association of any bank card of a card-issuing bank shall indicate items as follows:

(1)

the name, category, functions and purposes of the card;

(2)

the target for issuing the card, requirements and procedure of the application for the card;

(3)

the using scope of the card (including the limitations in using the card) and the using introduction;

(4)

the interest rate applicable to the account of the card, charging items and rates against the cardholder;

(5)

the rights and obligations of the card-issuing bank, the cardholder as well as other parties concerned;

(6)

other items as required by the People’s Bank of China.

Article 16

The limits of the administrative authority and procedures for the examination and approval of a bank card are as follows:

(1)

Where a commercial bank develops any kind of the bank card business, it shall separately constitute uniform articles of association
or business management measures under the provisions of the People’s Bank of China on enhancing internal control and the administration
of authorization and credit granting, and shall submit them to the headquarters of the People’s Bank of China for examination and
approval.

In case the headquarters of the commercial bank is not in Beijing, the said articles of association or business management measures
shall be firstly submitted to the local central sub-branch of the People’s Bank of China, after approval upon examination, and then
be transmitted to the headquarters of the People’s Bank of China for examination and approval.

(2)

Where a commercial bank has already engaged in the business of credit card or transfer card, it may apply for issuing co-branded/affinity
cards, cards for special purposes and stored-value cards to the People’s Bank of China; where a commercial bank has already engaged
in the Renminbi credit card business, it may apply to for issuing foreign currency credit cards the People’s Bank of China.

(3)

As regards a commercial bank that proposes to issue national affinity cards, IC cards or stored-value cards, it shall be submitted
to the headquarters of the People’s Bank of China for examination and approval.

(4)

In case any branch of a commercial bank develops the bank card business as approved by the headquarters of the People’s Bank of China,
it shall be submitted to the local branch of the People’s Bank of China for filing with the approval document of the People’s Bank
of China and the authorization document of its headquarters.

If a branch of a commercial bank proposes to issue cards for special purposes or co-branded cards that may only be used in certain
regions, it shall be submitted to the local central sub-branch of the People’s Bank of China for filing with the authorization document
of the headquarters of the commercial bank or the agreement concluded by both co-branded parties.

(5)

In case of any alteration of the name of any bank card or amendment of the articles of association on bank card by a commercial bank,
it shall be submitted for examination and approval to the People’s Bank of China.

Article 17

A foreign-funded financial institution that proposes to develop bank card acceptance business shall apply to the People’s Bank of
China for approval.

Bank card acceptance business refers to the domestic or foreign currency settlement service provided by a contractual bank for its
merchants.

Chapter IV Interest Calculation and Charging Rates

Article 18

Bank card interest calculation shall contain the calculation of the interests to be collected and the calculation of the interests
to be paid. The card-issuing bank shall examine and calculate both the said interests in light of the provisions of the Financial
Rules for Financial and Insurance Enterprises.

Article 19

With respect to the deposits in the accounts of quasi-credit cards and debit cards (excluding stored-value cards), interests shall
be calculated and paid by the card-issuing bank according to the deposit interest rate of the same term and same grade and the methods
for interest calculation as provided for by the People’s Bank of China.

The interests on the deposits in the accounts of credit cards and the currency value of the stored-value cards (including the electronic
purses of IC cards) may not be calculated and paid by any card-issuing bank.

Article 20

Where a credit cardholder has non-cash transactions, he may enjoy the favorable terms as follows:

(1)

Treatment of enjoying interest-free payment in a certain period. A period from the booking date of the bank to the date when payment
is due as provided for by the card-issuing bank shall be the interest-free period with the longest term of 60 days. The cardholder
may enjoy this treatment if he repays all the used funds of the bank before the date when payment is due and no interest may be paid
for any non-cash transaction.

(2)

Treatment of minimum payment. In case it is difficult for the cardholder to repay all the funds of the bank before the date when payment
is due, the minimum amount may be paid as provided for by the card-issuing bank.

Article 21

A credit cardholder may not enjoy the treatment of interest-free payment period when choosing to repay the minimum amount or using
the card in excess of the credit limit approved by the card-issuing bank, but shall pay overdraft interests on the unpaid amount
as calculated from the book date of the bank upon the stipulated interest rate.

A credit cardholder may not enjoy the treatment of interest-free payment period and the treatment of minimum payment when withdrawing
cash or overdrawing quasi-credit card, but the overdraft interests that are calculated from the book date of the bank upon the stipulated
interest rate shall be paid for the cash transaction or overdraft.

Article 22

In case a credit cardholder fails to repay the minimum payment or uses the credit card in excess of the credit limit, a fine for
delayed payment or charge fees for exceeding the credit limit shall be imposed by the card-issuing bank upon 5 percent of the unpaid
amount or the amount spent in excess of the credit limit.

Article 23

The overdraft of credit card shall be calculated and collected for compound interest on a monthly basis and the overdraft of quasi-credit
card shall be calculated and collected for simple interest on a monthly basis. The overdraft interest rate shall be 0.05 percent
of the daily interest rate and shall be consist with the adjustment of the daily interest of the People’s Bank of China.

Article 24

A commercial bank, when handling bank card acceptance business, shall collect settlement handling charges against the merchants under
the standards as follows:

(1)

the settlement handling charges may not be lower than 2 percent of the trading value for the hotel, catering, entertainment, tourism
or other related industries;

(2)

the settlement handling charges may not be lower than 1 percent of the trading value for any other industry.

Article 25

The settlement handling charges for a trans-bank transaction shall be distributed in light of the proportion as follows:

(1)

It is clearly that 90 percent of the settlement handling charges collected against the merchants shall be distributed to the card-issuing
bank, while 10 percent to the acceptance bank in a city which has not established an information exchange center;

The commercial banks may perform the trans-bank transaction by way of apportioning the machines, deputizing for each other, and charging
free mutually upon negotiations as well.

(2)

It is clearly that 80 percent of the settlement handling charges collected against the merchants shall be distributed to the card-issuing
bank, while 10 percent to the acceptance bank and 10 percent to the information exchange center in a city which has established an
information exchange center,.

Article 26

Where a cardholder performs trans-bank withdrawal at ATM, the cost thereof shall be accepted by the cardholder himself/herself, and
the charging rates shall be adopted as follows:

(1)

in case a cardholder performs any withdrawal within the city where the card is obtained, the fees thereof shall be no more than Renminbi
2 yuan;

(2)

in case a cardholder performs any withdrawal beyond the city where the card is obtained, the fees thereof shall be no less than Renminbi
8 yuan.

It is obvious that 70 percent of the commission charges obtained from a trans-bank withdrawal at ATM shall be distributed to the bank
that owns the ATM, while 30 percent to the information exchange center.

Article 27

Where a commercial bank develops bank card acceptance business outside the territory of China as an agency, it shall collect settlement
handling charges, which shall be no more than 4 percent of the trading value, against the merchants.

In case an agency agreement on bank card acceptance business is concluded by a bank within the territory of China and an institution
outside the territory of China, it is clearly that 37.5 percent of the commission charges paid by the merchants shall be distributed
to the bank within the territory of China, while 62.5% to the institution outside the territory of China.

Chapter V Account and Trade Management

Article 28

Where an individual applies for obtaining a bank card (excluding stored-value cards), he shall provide his valid identity certificate
as provided for by the public security department for the card-issuing bank, an inscribed account shall be opened for him upon the
qualification examination of the card-issuing bank.

Where an entity opens a basic deposit account in any financial institution that is within the territory of China, it shall apply for
obtaining an entity card on the basis of the license for opening an account issued by the People’s Bank of China upon examination;

A bank card and its account may be used exclusively by the cardholder as approved by the card-issuing bank and may not be leased or
lent.

Article 29

The funds in the account of a Renminbi entity card shall be deposited from the basic deposit account of the entity by transfer, no
cash may be deposited or withdrawn, and no revenue from merchandise sales may be deposited into the account of the entity card.

Article 30

The funds in the account of a foreign currency entity card shall be deposited from the foreign exchange account of the entity by
transfer, and no cash of foreign currency may be deposited or withdrawn within the territory of China. The foreign exchange account
of the entity shall meet the requirements as follows:

(1)

it shall be opened subject to the related provisions of the People’s Bank of China concerning the administration of foreign exchange
accounts within the territory of China;

(2)

the scope of revenue and expenditure thereof shall comprise payment content accordingly.

Article 31

The funds deposited in the account of the Renminbi card of an individual shall include the cash he holds, or the wage, legal personal
compensation for services and investment returns of the individual which are deposited by account transfer.

Article 32

The funds deposited in the account of the individual foreign currency card shall be cash of the foreign currency he/she holds or
the funds transferred from his/her foreign exchange account (including foreign banknote account). The transfer and deposit of such
account shall be handled pursuant to the Measures of the State Administration of Foreign Exchange for the Administration of Individual
Foreign Exchange.

As regards the withdrawal of the foreign currency cash through an individual foreign currency card within the territory of China,
it shall be handled under the individual foreign exchange control system of China.

Article 33

No settlement of foreign exchange may be made for a foreign currency card in principle within the territory of China except that
it is within the scope or the regions designated by the State Administration of Foreign Exchange.

Article 34

A cardholder may apply for canceling his account after paying off all the money for transactions, principal and interest of overdraft
and the related charges. The capital in a Renminbi entity account shall be transferred into the basic savings account of the entity,
the capital in a foreign currency entity card shall be transferred into the foreign exchange account of the entity accordingly when
canceling an account and no cash may be drawn.

Article 35

A Renminbi entity card may be used for the settlement of the funds for commodity transactions and labor service provision, but no
overdrawing may be performed; the transfer of foreign exchange shall be handled by the local branch of the People’s Bank of China
if it surpasses the starting point provided for by the People’s Bank of China,.

Article 36

The cash withdrawal of credit card shall be authorized by a card-issuing bank on every deal, the accumulated amount of the cash withdrawn
each day for each card may not in excess of Renminbi 2000 yuan.

An upper limit shall be set by the card-issuing bank for the withdrawal made on ATM, the accumulated amount of the cash withdrawn
each day for each card shall be less than Renminbi 5000 yuan.

Article 37

The face value or the value stored in a stored-value card shall be no more than Renminbi 1000 yuan.

Article 38

Where a commercial bank issues the affinity card, it may not grant any donation or pay any other fees to any affinity entity from
its income.

Article 39

In case a card-issuing bank handles such business as deposit, withdrawal, account transfer, settlement or any other transaction for
a cardholder upon password or any other electronic information, the electronic information record generated therefrom shall be the
valid vouchers of this transaction. The card-issuing bank may use the itemized record or detailed list of the transaction as supporting
vouchers for the accounts.

Article 40

The original documents, which are generated from the transaction made with a bank card through any interconnected terminal, shall
be kept for two years at least for reference.

Chapter VI Bank Card Risk Management

Article 41

A card-issuing bank shall examine and verify the credit status of an applicant for credit card seriously and determine the valid
guarantee and method of guarantee upon the strength of the credit status of the applicant.

A card-issuing bank shall recheck the credit status of a credit cardholder regularly and adjust the credit limit of the cardholder
subject to the alteration of the credit status.

Article 42

A system for approval authorization shall be established by any card-issuing bank to define the approval power and transaction limit
of its internal staff of different levels specifically.

Article 43

A card-issuing bank shall enhance the administration of the name list of stop payment, and shall receive and send this list timely.

Article 44

A card-issuing bank, when handling any agency business through a debit card, may not make advance payment for the cardholder or the
client.

Article 45

A card-issuing bank shall comply with the following risk control indicators for the credit card business:

(1)

as regards an individual card, the amount occurred in a single overdraft by a same cardholder shall be no more than Renminbi 20,000
yuan (including the equivalent of foreign currency); as regards an entity card, the said amount no more than Renminbi 50,000 yuan
(including the equivalent of foreign currency).

(2)

as regards an individual card, the monthly overdraft balance of a same account shall be less than Renminbi 50,000 yuan (including
the equivalent of foreign currency); as regards an entity card, the said balance less than 3 percent of the comprehensive credit
limit granted by the card-issuing bank to the entity. The monthly overdraft balance of an entity without comprehensive credit limit
shall be less than Renminbi 100,000 yuan (including the equivalent of foreign currency).

(3)

the total overdraft of a foreign currency card may not be more than 80 percent of the guarantee money (including the amount from pledging
the certificate of deposits) of the cardholder.

(4)

the monthly average overdraft balance newly occurred in more than 180 days (including 180 days, similarly hereinafter) as of the date
when the present Measures implement may be in excess of 15percent of the monthly average amount of the total overdraft balance.

Article 46

The overdraft term of a quasi-credit card shall not exceed 60 days. The minimum payment of a credit card in the first month may not
be lower than 10 percent of the overdraft balance of that month.

Article 47

In case of any overdrawing or defrauding business, a card-issuing bank may recover the money through the channels as follows:

(1)

deducting the cardholder’s guarantee money, disposing the collaterals or pledged articles in accordance with the related laws;

(2)

recovering the overdrawn amount from the guarantor;

(3)

recovering the money by judicial procedures.

Article 48

Where it is not enough to offset the loss after taking the measures listed in Article 47 by a card-issuing bank, it shall be handled
pursuant to the Measures for the Administration of the Reserves for Bad Loans.

Article 49

As regards a recovered overdraft that is already canceled, the principal and interest thereof shall be added to the reserves for
bad loans.

Article 50

In case a branch of a commercial bank pays for participating in the bank card information exchange center of the city where it is
located, it shall apply to the headquarters thereof for approval.

Chapter VII Duties and Responsibilities between the Bank Card Parties

Article 51

The rights of a card-issuing bank are as follows:

(1)

it has the right to perform an examination of the credit status of an applicant, require for its personal information, decide whether
to issue bank card to an applicant and determine the overdraft limit of a credit cardholder as well.

(2)

it is enpost_titled to recover the overdraft made by a cardholder. If any cardholder fails to repay the overdraft amount within the prescribed
time limit, the card-issuing bank has the right to apply for lawful protection and investigate the legal liabilities of the cardholder
or the related parties concerned in accordance with the related laws.

(3)

as regards a cardholder that fails to abide by its articles of association, it has the right to cancel the qualification thereof and
may authorize the related entity to take the bank card back.

(4)

it may neglect the reporting of loss of the electronic purse in any stored-value card or IC card.

Article 52

The obligations of a card-issuing bank are as follows:

(1)

The related materials concerning the use of bank card shall be offered for an applicant for bank card, including the articles of association,
introductions and charging rates. Any current cardholder may require for the aforesaid materials as well.

(2)

A complaint system shall be established focusing on the fairness and effectiveness of bank card services, and the complaint procedures
and telephone number shall be publicized. It shall make a reply regarding the inquiry or requirement of correction from a cardholder
within 30 days.

(3)

The account-checking services shall be offered for cardholders. The account statements shall be provided for cardholders monthly except
for any of circumstances as follows:

(a)

a deposit book or any other transaction log has provided to the cardholder already;

(b)

no transaction incurs since the account statement of the previous month is made and there is no unpaid balance in the account of the
cardholder;

(c)

it has agreed otherwise with the cardholder.

(4)

As regards a bank card account statement as provided by the card-issuing bank to a cardholder, the following items shall be listed:

(a)

value of transaction, account balance (and as regards a credit card, the date when repayment is due, minimum payment and available
credit limit shall also be listed);

(b)

the date when the trading value is recorded into the related account or self-owned account for deduction;

(c)

trading date and category;

(d)

the number of transaction logs;

(e)

name and code number of the merchant acting as the target of payment (excluding the transactions occurring in other places);

(f)

address or telephone number for inquiring or reporting incompatible account statements.

(5)

The service for reporting bank card loss shall be provided by any card-issuing bank for cardholders, a round-clock telephone line
therefrom shall be set, and the card issuing bank shall provide two ways for loss reporting, namely by telephone or in written form,
and the latter is the official way for loss reporting. The responsibilities for loss reporting of both the card-issuing bank and
the cardholder shall be specified in the article of association or the related agreement.

(6)

The importance of password and the liability for its loss to the cardholders shall be clarified in the related articles of association
on bank card or the introductions.

(7)

A card-issuing bank shall be responsible for keeping secret for the credit information of the cardholders.

Article 53

The rights of a cardholder are as follows:

(1)

A cardholder has the rights to enjoy all kinds of services on bank card as promised by the card-issuing bank, supervise the service
quality and complaint the incompetent service if any.

(2)

An applicant or cardholder has the rights to be aware of the functions, use methods, charging items, charging rates, applicable interest
rate and the related calculation formula of the card he selected.

(3)

A cardholder has the right to demand the account statement from the card-issuing bank within the prescribed time limit and is enpost_titled
to inquire into the incompatible content or ask the bank to remedy.

(4)

The cardholder shall assume the responsibility for the alteration of the capital deposited in the debit card no more after going through
the formalities for reporting the loss of a debit card, except it is adjudicated otherwise by the judicial department or arbitral
department.

(5)

A cardholder in enpost_titled to require for the agreement concerning obtaining credit card and shall keep the agreement properly.

Article 54

The obligations of a cardholder are as follows:

(1)

An applicant shall give truthful application materials to a card-issuing bank and provide guarantee consistent with the related requirements
as provided for by the card-issuing bank.

(2)

A cardholder shall abide by the articles of association of the card-issuing bank and the related articles of the Agreement on Obtaining
Bank Card.

(3)

In case of any alterations of the address or occupation of a cardholder or guarantor, the card-issuing bank shall be informed in written
form timely.

(4)

No cardholder may refuse to pay the fees owed to the card-issuing bank with an excuse of having any dispute with any merchant.

Article 55

In case a commercial bank develops a merchant that accepts bank card business, it shall sign an acceptance agreement with the merchant,

CIRCULAR OF THE PEOPLE’S BANK OF CHINA (PBC) ON ALTERATION OF THE APPLICATION FORMS FOR THE ESTABLISHMENT OF COMMERCIAL PRESENCE IN CHINA BY FOREIGN-CAPITAL FINANCIAL INSTITUTIONS AND RELATED ISSUING PROCEDURES

The People’s Bank of China

Circular of the People’s Bank of China (PBC) on Alteration of the Application Forms for the Establishment of Commercial Presence in
China by Foreign-capital Financial Institutions and Related Issuing Procedures

YinFa [1999] No.122

March 31, 1999

Branches and business management departments of the People’s Bank of China:

With a view to further standardizing the examination and approval of foreign-capital financial institutions and improving the efficiency
of examination and approval for those institutions, samples of the Application Form for the Establishment of Operations in China
by Foreign-capital Financial Institutions and the Application Form for the Establishment of Permanent Representative Offices in China
by Foreign-capital Financial Institutions (see the Attachments) are hereby printed and distributed to you. In addition, the issuing
procedures for the application forms are adjusted as follows: the mode of issuing application forms upon the agreement in principle
of the head office of PBC is replaced by that of issuing application forms the moment the foreign-capital financial institutions
request for the establishment of branches or representative offices. All branches and business management departments, after review
and examination, should submit all application materials including the applications forms together with the results of review and
examination to the head office of PBC for further examination and approval. That is hereby notified.

Attachment I: Application Form for the Establishment of Operations in China by Foreign-capital Financial Institutions (omitted)

Attachment II: Application Form for the Establishment of Permanent Representative Offices in China by Foreign-capital Financial Institutions
(omitted)

 
The People’s Bank of China
1999-03-31

 



CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON SIMPLIFYING THE PROCEDURES OF PURCHASE AND PAYMENT OF FOREIGN EXCHANGE FOR TECHNOLOGY-INTRODUCTION BY ENTERPRISES WITH FOREIGN INVESTMENT

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange on Simplifying the Procedures of Purchase and Payment of Foreign Exchange
for Technology-introduction by Enterprises with Foreign Investment

Huifa [1999] No.319

September 28,1999

Branches of the State Administration of Foreign Exchange, Departments of Foreign Exchange of Beijing and Chongqing, Branches of Foreign
Exchange of Dalian, Qingdao, Ningbo, Xiamen, Shenzhen, Assigned banks of foreign exchange with Chinese investment:

In accordance with relevant regulations of the State Council, SAFE will amend the existing “Circular on Strengthening the Administration
on the Purchase and Payment of Foreign Exchange for Intangible Properties” (HuiGuanHanZi [98] No.092)(hereafter “the Circular”) in
order to simplify the purchase and payment in foreign exchange for technology-introduction by enterprises with foreign investment
as follows:

1.

For the purchase and payment in foreign exchange for technology- introduction by enterprises with foreign investment, the Circular
requires the checking of registration validation for technology and equipment introduction of joint venture issued by MOFTEC and
its branches. Since this document, the approval documents for joint venture (the technology- introduction contract must be notified)
issued by MOFTEC and its branches and the approval license of enterprises with foreign investment will be checked instead of registration
validation. Other documents required by the Circular will remain for checking.

2.

The approved purchase and payment in foreign exchange for technology-introduction by enterprises with foreign investment prior to
this document, the approval documents for joint venture, the confirmation letter (the technology-introduction contract must be notified)
issued by MOFTEC and its branches and the approval license of enterprises with foreign investment will be checked instead of registration
validation. Other documents required by the Circular will remain for checking.

3.

This Circular will come into effect as of the issuing. Other requirements in the Circular remain unchanged.

Every branch should transfer to the sub-branches and the local foreign investment banks as soon as possible after received the circular.
Every assigned banks of foreign exchange with Chinese investment should transfer to its sub-branches as soon as possible. Any problems
encountered in carrying out the circular should be replied to the State Administration of Foreign Exchange in time.



 
The State Administration of Foreign Exchange
1999-09-28

 






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CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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