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2007

CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE AND THE GENERAL ADMINISTRATION OF CUSTOMS ON LAUNCHING A PILOT PROJECT FOR NETWORK EXAMINING THE VERIFICATION OF EXPORT COLLECTION IN FOREIGN EXCHANGE BY ELECTRONIC SYSTEM FOR EXECUTING LAWS AT PORTS

The State Administration of Foreign Exchange, the General Administration of Customs

Circular of the State Administration of Foreign Exchange and the General Administration of Customs on Launching a Pilot Project for
Network Examining the Verification of Export Collection in Foreign Exchange by Electronic System for Executing Laws at Ports

Huifa [2001] No.7

January 22, 2001

Shanghai, Tianjin, and Guangzhou Branch of the State Administration of Foreign Exchange (hereinafter SAFE), Beijing Department of
the SAFE, Guangdong Branch of the General Administration of Customs (hereinafter GAC), and each Customs directly under GAC:

According to the written reply of the State Council to GAC and other 11 government departments on the Written Request on Relevant
Issues Concerning Setting up An Electronic System For Executing Laws At Ports (hereinafter ESELAP), and to the instructions of the
State Council Leaders on Speeding up the Establishment of ESELAP, ESELAP has been developed and tested. It was put into use experimentally
on December 15, 2000 in Beijing, and is planned to operate in Shanghai, Tianjing, and Zhuangzhou at the beginning of February 2001.

A sub-system of ESELAP named Export Collection in Foreign Exchange makes use of the advanced information technology, draws support
from the state telecommunication public network. The enterprise can apply for verification certificate of export collection in foreign
exchange (hereinafter Verification Certificate) by inter-net at any time. SAFE can issue Verification Certificates by inter-net,
set up a live nationwide electronic accounts Database of Verification Certificate in pubic data center, and provide electronic data
of Verification Certificates to the customs and departments collecting state taxes for customs declarations and drawbacks. Thus ESELAP
shall improve foreign exchange supervision by cross-checking electronic data, and prevent lawless persons from using forged, altered,
embezzled, or falsely used paper-made Verification Certificates for foreign exchange evasion, smuggling, and drawbacks.

To ensure smooth experimental operation of the System of Export Collection in Foreign Exchange (hereinafter SECFE), relevant issues
are circulated as follows:

1.

SECFE is a major project of the state to formalize foreign trade and financial order, and to ensure economic safety of the state.
It is also one of the sub-systems of ESELAP that go into experimental operation first. Branches of SAFE in pilot cities and every
customs in the whole country shall attach great importance to the experimental operation of SECFE. Leaders at each level shall personally
organize the work of propaganda, mobilization, and training in their own department, especially the work of implementation. SAFE
and the customs shall each take their own responsibility and cooperate each other closely in order to establish a clear and harmonious
inter-department working mechanism. SAFE shall issue Verification Certificates by inter-net seriously, and ensure the electronic
accounts data of Verification Certificates authentic and correct. Customs shall check the electronic accounts data of Verification
Certificates issued in pilot areas strictly, and stop all kinds of foreign exchange evasion by using forged, altered, embezzled,
and falsely used paper-made Verification Certificates.

2.

SAFE branches in pilot cities shall do following works strictly according to requirement:

(1)

Employing new version Verification Certificates. New Version Verification Certificate refers to one that is stamped with bar code
and special seal for network experiment in the column of term of validity. New version Verification Certificate needs not to be marked
with term of validity. It is regarded as long-term valid.

(2)

The amount of paper-made new version Verification Certificate issued by SAFE to the enterprise shall be the smaller one comparing
the amount applied for by inter-net with that confirmed by the local SECFE that the enterprise can acquire. SAFE shall simultaneously
input the electronic accounts data of Verification Certificate issued to the public data center.

(3)

SAFE shall no longer require the applicant on the spot fill out its name in or affix its name seal to paper-made new version Verification
Certificate. However, before officially using the new version Verification Certificate, the user shall fill out its name or affix
its name seal, and affix its official seal to it.

(4)

When conducting the procedure of verification of export collection in foreign exchange, SAFE shall examine paper-made new version
Verification Certificates, customs declaration form and its special copy for verifying export foreign exchange earnings collected,
check the data in electronic accounts of customs declaration form to see if they show no difference from those in paper-made customs
declaration form. If so, the verification procedure shall be conducted, and the data verified shall be input into the Public Data
Center timely.

(5)

If new version Verification Certificate has no electronic accounts data, or electronic accounts show difference from paper-made vouchers,
the SAFE branch who issued it shall accept the enterprise inquiry timely. The SAFE who accepts the inquiry shall resolve all of the
problems in 5 working days. If the difference is derived from wrong paper-made vouchers, mistakes shall be corrected with the vouchers,
if is from wrong electronic accounts data, the data shall be corrected or supplemented. SAFE shall ensure the accuracy of the paper-made
vouchers of new version Verification Certificate and electronic accounts data, as well as the consistence between them.

3.

Each customs in pilot cities shall do following works strictly according to requirement:

(1)

When conducting the procedure of customs declaration for the enterprise, customs shall adhere to the principle of one copy of Verification
Certificate, one copy of customs declaration form.

(2)

Before declaring exports to customs, the enterprise shall record the serial number of the new version Verification Certificate at
the same customs that it will declare to by inter-net in advance. The customs shall not accept unrecorded Verification Certificate.

(3)

Customs who check new version Verification Certificate by external network shall examine case by case the consistence (including the
serial number of the Verification Certificates, the name of enterprise, etc.) between paper-made Verification Certificate and electronic
accounts on the spot of export declaration. For Customs who check new version Verification Certificates automatically by internal
network, the computer shall automatically compare relevant contents (including the serial number of the Verification Certificate,
name code of the enterprise) between the customs declaration form and the electronic accounts data of new version Verification Certificate.
Examination shall be strengthened on the spot of export declaration to ensure voucher-to-voucher consistence, and voucher-to-electronic
data consistence of customs declaration form and new version Verification Certificate.

(4)

When conducting the procedure of customs clearance, customs shall write their opinion in the column of Check and Release by Customs,
and make a note of been used in electronic accounts data of new version Verification Certificates by computer or by hand.

(5)

In the case that goods are returned in full-amount, customs who check new version Verification Certificate by external network shall
delete the information of corresponding customs declaration form, and at the same time mark the electronic accounts data of new version
Verification Certificate with Goods Returned by hand. For customs who check new version Verification Certificate automatically by
internal network shall delete the information of corresponding customs declaration form, the computer shall at the same time automatically
mark the electronic accounts data of new version Verification Certificate with Goods Returned.

(6)

In the case that customs declaration form is returned because of being filled incorrectly, customs shall reinstate electronic accounts
data of corresponding new version Verification Certificate as Unused.

(7)

Customs shall ensure the accuracy of the paper-made vouchers of customs declaration form and electronic accounts data, as well as
the consistence between them. If customs declaration form has no electronic accounts data, or electronic accounts data show difference
from paper-made vouchers, the customs who issued it shall accept the enterprise inquiry timely. The customs that accept the inquiry
shall resolve all of the problems in 5 working days. If the difference is derived from wrong paper-made vouchers, mistakes shall
be corrected with the vouchers. If it is from wrong electronic data, the data shall be corrected or supplemented.

4.

Timetable for experimental operation of SECFE

(1)

As of February 8, 2001, export enterprises in Beijing shall apply for new version Verification Certificates by inter-net, and apply
for paper-made new version Verification Certificates with SAFE by presenting their IC card. New version Verification Certificate
shall begin to be employed as of February 18. Customs nationwide shall check the electronic accounts data of paper-made new version
Verification Certificates in Beijing by network as of February 18. Unused old version paper-made Verification Certificates of the
enterprise can not be used any longer as of the same day. All of them shall be returned to SAFE for being written off in 1 month.

(2)

As of March 15, 2001, every enterprise in Shanghai, Tianjin, and Guangzhou shall apply for new version Verification Certificates by
inter-net, and apply for paper-made new version Verification Certificates with SAFE by presenting its IC card. New version Verification
Certificate shall begin to be employed as of April 1, 2001. Customs nationwide shall check the electronic accounts data in these
cities by network when enterprises in these cities begin to use paper-made new version Verification Certificate for customs declaration.
Unused old version paper-made Verification Certificates of the enterprise can not be used any longer as of April 1. All of them shall
be returned to SAFE for being written off in 1 month.

(3)

SECFE is planned to operate nationwide as of June 1, 2001. Every enterprise, SAFE branch, and customs shall operate according to the
requirement of SECFE.

5.

An Announcement is distributed here as an attachment to you for smooth experimental operation of SECFE. Please make it pubic in relevant
media and put it up at the office spot of SAFE and customs according to the course of experimental operation.

If there is any problem during the implementation, please report to SAFE of GAC in time.

Hotline to SAFE: 010-68518956

Hotline to GAC: 010-65195656



 
The State Administration of Foreign Exchange, the General Administration of Customs
2001-01-22

 






INTERIM RULES OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION OF THE PEOPLE’S REPUBLIC OF CHINA ON THE HEARING OF INVESTIGATION ON SAFEGUARD MEASURES

The Ministry of Foreign Trade and Economic Cooperation

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

No.11

The Interim Rules on the Hearing of Investigation on Safeguard Measures, examined and adopted at the executive meeting on February
10, 2002, are hereby promulgated, and shall come into force on March 13, 2002.

Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng

February 10, 2002

Interim Rules of the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China on the Hearing of Investigation
on Safeguard Measures

Article 1

These Rules are enacted in accordance with the relevant provisions in the Regulation of the People’s Republic of China on Safeguard
Measures in order to ensure the fairness and justness of the investigation on safeguard measures and maintain the lawful rights and
interests of the interested parties.

Article 2

These Rules shall be applicable to the hearings held by the Ministry of Foreign Trade and Economic Cooperation in the process of investigating
safeguard measures for the purpose of determining the increase of the quantity of imported products and the causality between such
increase and the damage thereof.

Article 3

The Import and Export Fair Trade Bureau of the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as “the
Import and Export Fair Trade Bureau”) shall specifically organize the hearings as mentioned in these Rules.

Article 4

The hearings mentioned in these Rules shall be held publicly. While the hearings involving State secrets, commercial secrets or personal
privacy may be held in other ways upon the decision by the Import and Export Fair Trade Bureau.

Article 5

The Import and Export Fair Trade Bureau shall hold a hearing upon the application by an interested party. The Import and Export Fair
Trade Bureau may, when necessary, decide to hold a hearing of its own accord.

Article 6

Where the Import and Export Fair Trade Bureau holds a hearing of its own accord, it shall notify the interested parties in advance,
and shall apply the relevant provisions in these Rules.

Article 7

The interested parties referred to in these Rules shall be the applicants for investigation of safeguard measures, the governments
of the exporting countries (regions), the governments of the countries (regions) of origin, the known export operators and import
operators, and other interested organizations and individuals.

Article 8

An interested party requesting a hearing shall file a written application for such a request to the Import and Export Fair Trade Bureau.

The application shall include the following contents:

(1)

the name, address and relevant information of the applicant for the hearing;

(2)

the application items;

(3)

the reason for the application.

Article 9

The Import and Export Fair Trade Bureau shall, within 15 days after the receipt of the written application of an interested party
for a hearing, decide on whether to hold the hearing or not, and shall notify the relevant interested parties in time.

Article 10

The notice of the Import and Export Fair Trade Bureau on deciding to hold a hearing shall include the following contents:

(1)

the decision on holding the hearing;

(2)

the reason for the decision on holding the hearing;

(3)

the time, place and relevant requirements for each interested party to register before the hearing;

(4)

other matters relating to the hearing.

Article 11

Each interested party shall, after receiving the notice on deciding to hold a hearing, register himself/itself in the Import and Export
Fair Trade Bureau in time according to the contents and requirements in the notice, and shall submit a written outline of his/its
speaking in the hearing and the relevant evidence.

Article 12

The Import and Export Fair Trade Bureau shall, within 20 days as of the deadline for registration as determined in the notice on deciding
to hold the hearing, decide on the time, place, president and agenda of the hearing, and shall notify the interested parties registered.

Article 13

The president of the hearing shall exercise the following powers in the hearing:

(1)

to preside the hearing conference;

(2)

to confirm the identifications of the participants to the hearing;

(3)

to maintain the order of the hearing;

(4)

to raise questions to each interested party;

(5)

to decide on whether to permit each interested party to submit supplementary evidence and whether to invite the experts to appraise
the evidence brought forth;

(6)

to decide to suspend or terminate the hearing;

(7)

other matters needed to be decided on in the hearing.

Article 14

Each interested party of a hearing may either have its legal representative or principle responsible person participate the hearing,
or entrust 1 to 2 agents to participate the hearing.

Article 15

An interested party participating a hearing shall bear the following obligations:

(1)

to be present at the hearing on time and at the designated place;

(2)

to obey the hearing disciplines and the arrangements by the president of the hearing;

(3)

to truthfully answer the questions raised by the president of the hearing.

Article 16

A hearing shall be held according to the following procedures:

(1)

the president of the hearing announces the beginning of the hearing, and reads out the hearing disciplines;

(2)

the president of the hearing checks the participants;

(3)

the interested parties make their statements;

(4)

the president of the hearing enquires the interested parties;

(5)

the interested parties make their final statements;

(6)

the president announces the close of the hearing.

Article 17

The purpose of the hearing lies in providing opportunities for the investigation organ in further collecting information as well as
for each interested party in stating its opinions and in submitting its evidence, therefore, no debate procedure is set up.

Article 18

Records shall be made in the hearing, on which the president of the hearing, the recorder and each interested party participating
the hearing shall immediately sign their names or affix their seals. Where an interested party refuses to sign its name or affix
its seal, the president of the hearing shall clearly write down the relevant information on the records of the hearing.

Article 19

In case of any of the following circumstances, the Import and Export Fair Trade Bureau may decide to postpone or cancel the hearing:

(1)

the applicant for the hearing meets with events or acts of force majeure, and has submitted the written application for postponing
or canceling the hearing;

(2)

the investigation on safeguard measures is terminated;

(3)

other matters for which the hearing should be postponed or canceled.

Article 20

After the factors for postponing a hearing have been eliminated, the Import and Export Fair Trade Bureau shall immediately resume
the hearing, and shall notify the interested parties registered.

Article 21

The form of the notices mentioned in these Rules shall be the announcement by the Ministry of Foreign Trade and Economic Cooperation,
or other forms adopted by the Import and Export Fair Trade Bureau under particular circumstances.

Article 22

The working language used in hearings shall be Chinese.

Article 23

The Ministry of Foreign Trade and Economic Cooperation shall be responsible for the interpretation of these Rules.

Article 24

These Rules shall enter into force on March 13, 2002.



 
The Ministry of Foreign Trade and Economic Cooperation
2001-02-10

 






CIRCULAR OF THE CHINA COMMISSION FOR THE PROMOTION OF INTERNATIONAL TRADE AND THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION OF THE PRC CONCERNING THE DISTRIBUTION OF THE MANAGEMENT MEASURES FOR THE EXAMINATION AND APPROVAL OF APPLICATIONS FOR HOLDING ECONOMIC AND TRADE EXHIBITIONS ABROAD

The China Commission for the Promotion of International Trade, the Ministry of Foreign Trade and Economic Cooperation

Circular of the China Commission for the Promotion of International Trade and the Ministry of Foreign Trade and Economic Cooperation
of the PRC Concerning the Distribution of the Management Measures for the Examination and Approval of Applications for Holding Economic
and Trade Exhibitions Abroad

MaoCuZhanGuan [2001] No.3

February 15, 2001

According to the requirements of the Letter of General Office of the State Council Concerning Relevant Questions on the Examination
and Approval and Administration of Applications for Holding Economic and Trade Exhibitions Abroad (GuoBanHan [2000] No.76), the China
Commission for the Promotion of International Trade and the Ministry of Foreign Trade and Economic Cooperation of the PRC have formulated
the Management Measures for the Examination and Approval of Holding Economic and Trade Exhibition Abroad, and hereby issue to you,
please carry out completely. Attachment:Management Measures for the Examination and Approval of Applications for Holding Economic and Trade Exhibitions Abroad

Chapter I General Provisions

Article 1

These Measures have been formulated according to the requirements of the Letter of General Office of the State Council Concerning
Relevant Questions on the Examination and Approval and Administration of Applications for Holding Economic and Trade Exhibitions
Abroad (GuoBanHan [2000] No.76) for the purpose of healthy and orderly progress of holding economic and trade exhibitions abroad.

Article 2

The phrase “holding economic and trade exhibitions abroad” (hereinafter referred to as “exhibitions held abroad” for short), as mentioned
in these Measures refers to: 1) holding economic and trade exhibitions, economic and trade exhibitions of friendly provinces and
cities, and economic and trade negotiations in the form of commodity exhibitions separately in foreign countries (hereinafter all
referred to as “holding separate exhibitions”); 2) organizing enterprises participating in international trade exhibitions and expositions
held by foreign countries.

Article 3

The China Commission for the Promotion of International Trade (hereinafter referred as “CCPIT” for short) is responsible for the examination,
approval, and administration of exhibitions held abroad.

Article 4

The Ministry of Foreign Trade and Economic Cooperation of the PRC (hereinafter referred as “MFTEC” for short) is responsible for the
macro-control of exhibitions held abroad, checking the credentials of exhibition organizers, and supervision and inspection of exhibitions
held abroad.

Chapter II Exhibition Organizers

Article 5

The CCPIT is responsible for organizing participants in the World Fair, registered or approved by the International Exhibition Bureau
in the name of the state, and is responsible for holding exhibitions abroad on behalf of the state. It may invite varies departments
of the State Council and local governments to organize enterprises and economic groups of varies regions and industries for participation.

Article 6

National chambers of commerce for import and export, and branches of the CCPIT in various industries, may hold exhibitions abroad,
but shall not go beyond their industries.

Article 7

If it is necessary to hold exhibitions abroad in the name of local governments, for the purpose of coordinating economic and trade
activities between local governments, the departments in charge of foreign economic and trade of all provinces, autonomous regions,
municipalities directly under the Central Government, cities directly under State planning (including former cities directly under
State planning) and special economic zones shall be responsible for organization and implementation, but shall not go beyond their
regions.

Article 8

Branches of the CCPIT in all provinces, autonomous regions, municipalities directly under the Central Government, cities directly
under State planning (including former cities directly under State planning) and special economic zones may hold exhibitions abroad,
but shall not go beyond their regions.

Article 9

Associations of foreign-funded enterprises approved by the MFTEC, professional exhibition companies, and other relevant entities may
hold exhibitions abroad within the scope as examined and approved by the MFTEC.

Chapter III Competence of Examination and Approval

Article 10

Plans for holding exhibitions abroad by the CCPIT, on behalf of the state, are submitted to the State Council for examination and
approval after being signed by the MFTEC, the Ministry of Foreign Affairs, and the Ministry of Finance. Other plans for holding exhibitions
abroad shall all be subject to the examination and approval of the CCPIT.

Chapter IV Procedures for Examination and Approval, and Record for Reference

Article 11

Management of examination and approval applies to the holding of exhibitions in those counties where exhibitions are centralized,
as well as those countries without diplomatic relations (hereinafter referred to as “countries by management of examination and approval”
for short). Management of record for reference applies to the holding of exhibitions in other countries (hereinafter referred to
as “countries by management of record for reference”).

Article 12

To hold exhibitions in countries by management of examination and approval, organizers should submit plans of holding exhibitions
to the CCPIT (a duplicate of the plan should be sent to the MFTEC) within the first 2 months of each quarter and no later than 6
months before the exhibition opens, and fill out the application for holding exhibitions abroad.

Article 13

The CCPIT examines the plans for holding exhibitions submitted by the organizers in the last month of each quarter (plans for the
first half of the following year are examined in June, plans for the second half of the following year are examined in September,
plans of next year late submitted are examined in December, plans late submitted of the year are examined and in March), and issues
ratification of holding exhibitions abroad. No more examinations will be added if there is no special situation.

Article 14

The CCPIT sends plans that have been approved upon examination to the MFTEC for countersignature. The MFTEC shall countersign the
plan within 10 workdays from the day of receipt. Plans of holding exhibitions in countries without diplomatic relations should be
sent to the Ministry of Foreign Affairs for countersignature at the same time.

Article 15

To hold exhibitions in countries by management of examination and approval, organizers should also submit an application of participating
members to the CCPIT for review, three months prior to the opening of the exhibition. The CCPIT shall review the application within
10 workdays of receipt and issue its review of participating members. A duplicate of the review should be sent to the MFTEC.

Article 16

To hold exhibitions in countries by management of record for reference, organizers should submit plans for holding exhibitions three
months before the exhibition opens, and fill out the application form for holding exhibitions abroad. The CCPIT should record the
application for reference in 10 workdays of receipt, and issue the record for reference of holding exhibitions abroad. A duplicate
of the record for reference should be sent to the MFTEC.

Article 17

Departments in charge of foreign economic and trade at all levels shall take the ratification or record of holding exhibitions abroad
issued by the CCPIT as the basis of issuing relevant exit certificates of exhibits; customs, entry and exit inspection and quarantine
institutions shall take the ratification or record of holding exhibition abroad issued by the CCPIC and relevant exit certificates
of exhibits as the basis of inspection and release of the exhibits; departments in charge of exchange control and authorized foreign
exchange banks at all levels shall take the ratification or record of holding exhibitions abroad issued by the CCPIT as the basis
of handling relevant procedures of foreign exchange usage and cancellation after verification.

Article 18

Departments of foreign economic and trade, foreign affairs and exchange control, and authorized administrations of foreign exchange
at all levels shall take the review of participating members or record of holding exhibitions abroad issued by the CCPIT as the basis
of handling procedures for participating members going abroad, for changing currencies or cancellation after verification.

Chapter V Criterions and Requirements of Examination and Approval

Article 19

The criteria for examining and approving exhibitions held abroad are: the demand of diplomacy or foreign economic and trade, political
and economic situation of the country where the exhibition is held, whether it is centralized to hold exhibitions in one country
or region, the predicted effect of the exhibition (exposition), how will the exhibitions be held, and how the participating enterprises
do in the exhibitions, the opinions of the Chinese embassies and consulates in those countries where the exhibition is held.

Article 20

The organizers should formulate feasible annual plans for holding exhibitions abroad and get the consent of the Chinese embassies
and consulates of the country where the exhibition is to be held.

Article 21

Departments in charge of foreign economic and trade of all provinces, autonomous regions, municipalities directly under the Central
Government, cities directly under State planning (including former cities directly under State planning) and special economic zones
may hold separate exhibitions, but not more than 2 in one year generally.

Article 22

In principle, two persons may attend the exhibition for each standard stall (3 ￿￿3 m2) for 4 days plus the longest exhibition period.
No participating enterprise may arrange for more persons to attend and the persons attending the exhibition may not stay longer than
prescribed unless approval has been obtained.

Article 23

No unit shall organize and hold exhibitions abroad without approval; once a plan for holding exhibitions is approved, it shall not
be changed or cancelled at will; if there is any change, the organizer shall inform the departments in charge of examination and
approval and the embassies and consulates of China in the country of exhibition.

Chapter VI Management of Exhibition Group

Article 24

Organizers should abide by the laws and regulations of China strictly, keep to their promises, lay stress on services and take charges
reasonably.

Article 25

Organizers should encourage enterprises to choose commodities of new and high technology, high added value and good marketability
to take part in the exhibition. Counterfeit commodities, fake or inferior commodities and commodities that violate other￿￿s intellectual
property right are forbidden to appear on exhibition.

Article 26

Organizers should lay stress on the effect of trade deals, and organize enterprises to carry out market research and trade negotiations
actively.

Article 27

Organizers should strengthen the management of members going abroad, organize participating members study disciplines of foreign affairs,
system of secrecy and etiquettes concerning foreign countries; traveling at public expenses in the name of holding exhibitions abroad
is strictly prohibited.

Article 28

Organizers should draw up strict management measures of the exhibition group and strengthen leadership to the exhibition group; organize
participating enterprises to display the exhibits and pay attention to the external image of the exhibition group; participating
members shall not leave their stands at will during the exhibition.

Article 29

Organizers should accept the leadership of embassies and consulates of China stationed in the country where the exhibition is held
and report to the embassies and consulates about the exhibition in time; strictly abide by laws and regulations of the country where
the exhibition is held, respect local customs and comply to varies rules of the exhibition (exposition).

Article 30

For exhibition groups composed of many organizers and large scale shows attending the same exhibition (exposition), the MFTEC shall
manage them by coordinating the rules of relevant exhibition units according to the circumstances.

Article 31

Organizers shall submit surveys and summaries of holding exhibition abroad to the CCPIT and the MFTEC in 1 month after the exhibition
ends. The CCPIT shall submit summaries of holding exhibitions abroad of last year to the State Council before the end of March every
year jointly with the MFTEC.

Chapter VII Punishments

Article 32

The CCPIT shall circulate a notice of criticism to organizers if they engage in one of the following acts but the circumstances are
not very serious:

1)

Holding exhibitions abroad without approval;

2)

Transferring the letter of ratification to others;

3)

Traveling at public expenses in the name of holding exhibitions abroad;

4)

Adding members of the exhibition group or extending the period abroad at will;

5)

Infringing the interest of the participating enterprises;

6)

Other acts against the rules that are not very serious.

Article 33

The CCPIT can break off plans of holding exhibitions abroad that have been approved if organizers engage in acts seriously against
the rules during the preparation of exhibitions.

Article 34

The CCPIT shall suspend the application for holding exhibitions abroad for 1 year if organizers engage in one of the following acts:

1)

Holding exhibitions abroad without approval and causing serious consequences;

2)

Altering, buying in and selling the letter of ratification for a profit or transferring the letter of ratification repeatedly;

3)

Seriously violating disciplines of foreign affairs, and finance and economics, and causing serious consequences.

4)

Infringing the interest of participating enterprises and having been complained repeatedly.

Article 35

The MFTEC shall render administrative punishments as canceling the qualification of holding exhibitions abroad if organizers engage
in one of the following acts:

1)

Holding exhibitions abroad without approval repeatedly;

2)

Counterfeiting the letter of ratification or altering, buying in and selling the letter of ratification for a profit repeatedly;

3)

Seriously harming the external image of our country in foreign countries;

4)

Having been published by the CCPIT repeatedly in 2 years;

5)

Other acts that are seriously against the rules.

Article 36

Legal responsibility of relevant members that violate the laws during holding exhibition abroad shall be investigated according to
the law.

Chapter VIII Supplementary Provisions

Article 37

The Measures come into effect as of the day of publishing and distribution. If relevant rules for holding exhibitions abroad put in
force before conflict with the Measures, the Measures shall prevail.

Article 38

Plans for holding exhibitions in Hong Kong, Macao Special Administrative Region and Taiwan shall still be examined and approved by
the MFTEC.

Attachment:Countries to Which Management of Examination and Approval of Holding Exhibitions Abroad is Applied

1.

Countries where exhibitions are centralized: Germany, Italy, France, Britain, Spain, Switzerland, Russia, Israel, the United Arab
Emirates, Japan, Korea, Thailand, Singapore, Egypt, South Africa, the United State, Brazil, Australia.

2.

Countries without diplomatic relations.



 
The China Commission for the Promotion of International Trade, the Ministry of Foreign Trade and Economic Cooperation
2001-02-15

 






CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION, THE STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION AND THE MINISTRY OF CULTURE ON STRICTLY IMPLEMENTING THE INTERIM PROVISIONS ON FOREIGN-FUNDED CINEMAS

The Ministry of Foreign Trade and Economic Cooperation, the State Administration of Radio Film and Television, the Ministry of Culture

Circular of the Ministry of Foreign Trade and Economic Cooperation, the State Administration of Radio, Film and Television and the
Ministry of Culture on Strictly Implementing the Interim Provisions on Foreign-funded Cinemas

WaiJingMaoZiZi [2000] No.4

February 19, 2001

The commissions (departments, bureaus) of foreign trade and economic cooperation of all the provinces, autonomous regions, municipalities
directly under the Central Government, and municipalities separately listed on the State plan:

The Interim Provisions on Foreign-funded Cinemas (hereinafter referred to as the Interim Provisions) jointly formulated by the State
Administration of Radio, Film and Television, the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and the Ministry of
Culture was promulgated and put into force on October 25, 2000.

The promulgation of the Interim Provisions is one of the important measures adopted by our country to promote the gradual opening
of the service trade to the outside world, so all the localities and departments shall strictly carry the Interim Provisions out.
The relevant issues are hereby further restated as follows:

1.

The establishment of foreign-funded cinemas shall strictly complying with the provisions of Article 6 of the Interim Provisions;
they shall be submitted to the MOFTEC by the department in charge of foreign trade and economic cooperation at the provincial level
with the consent of the administrative department of film at the provincial level, and go through the examination and approval according
to the laws and regulations of the State on foreign investment after the MOFTEC gets the approval of the State Administration of
Radio, Film and Television and the Ministry of Culture, and the Certificate of Approval for Enterprise with Foreign Investment shall
be issued to the enterprise with foreign investment of which the establishment has been approved.

2.

The establishment of foreign-funded cinema must meet the requirements for establishment prescribed by Article 4 of the Interim Provisions,
and only the form of Chinese-foreign joint equity venture and Chinese-foreign contractual cooperative venture may be adopted.

3.

The administrative departments of industry and commerce shall handle the formalities of enterprise registration, relying on the Certificate
of Approval for Enterprise with Foreign Investment issued by the MOFTEC and the relevant materials.

4.

With respect to any foreign-funded cinema established without authorization against the relevant requirements of the Interim Provisions
after the promulgation thereof (October 25, 2000), the Certificate of Approval for Enterprise with Foreign Investment of that cinema
shall be invalid, and the MOFTEC shall instruct the original examining and approving department to withdraw the Certificate of Approval
for Enterprise with Foreign Investment within limited period, and shall, according to the seriousness of the circumstances, circulate
a public notice of criticism, order the offender to make rectifications or even cancel the authorization to issue the Certificate
of Approval for Enterprise with Foreign Investment of the examining and approving department that goes beyond the limit of authorization,
the administrative department of film may not issue the License for Film Showing and the administrative department of industry and
commerce shall revoke the business license of that cinema.

This is hereby notified.



 
The Ministry of Foreign Trade and Economic Cooperation, the State Administration of Radio Film and Television, the
Ministry of Culture
2001-02-19

 






CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION AND THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON ISSUES CONCERNING INDIVIDUAL DOMESTIC RESIDENTS’ INVESTMENT IN FOREIGN CURRENCY STOCKS LISTED IN THE DOMESTIC STOCK MARKETS

The China Securities Regulatory Commission

Circular of China Securities Regulatory Commission and the State Administration of Foreign Exchange on Issues Concerning Individual
Domestic Residents’ Investment in Foreign Currency Stocks Listed in the Domestic Stock Markets

ZhengJianFa [2001] No.22

February 21,2001

All the Securities Regulatory Offices, Sub-Offices, Representative Offices; all the branches, Beijing and Chongqing Departments of
State Administration of Foreign Exchange (“SAFE”); Shanghai and Shenzhen Stock Exchanges; all the commercial banks, securities companies
and investment trust companies:

To promote the sound development of foreign currency stocks listed in the domestic stock markets (hereinafter referred to as “B shares”),
maintain the normal operation of both the B shares and foreign exchange markets, safeguard the legal rights of the investors and
regulate the conduct of the participants in the stock market, this notice has been thus made by the China Securities Regulatory Commission
(hereinafter referred to as “CSRC”) to the following issues:

1.

Pursuant to Article 4 of the Provisions of the State Council on Foreign Currency Stocks Listed in the Domestic Stock Market Issued
by Joint Stock Limited Companies (Decree No.189 of the State Council, 1995] and the decision made by CSRC on February 19, 2001 concerning
the approval of domestic residents’ investment in the B Share market, individual domestic residents may, adhering to this notice,
invest in the B shares.

2.

Before June 1, 2001, domestic residents who intend to invest in the B shares, can only use the foreign exchange account and foreign
currency account which had been deposited in domestic commercial banks before the date of February 19, 2001 (February 19 included
and the same hereinafter). Nevertheless, those foreign currencies either in cash or transacted from other sources rather than from
the foreign currency deposit accounts as aforementioned will not be allowed to invest in the B shares. The foreign currency that
had been deposited before February 19, 2001 in domestic commercial banks and the deposit referred upon the expiration date is allowed
to invest in the B shares. After June 1, 2001, domestic residents are allowed to invest in the B shares with foreign currencies which
should be deposited after February 19,2001 or remitted from abroad to the Chinese domestic commercial banks. Foreign currencies in
cash, however, still will not be allowed to invest in B-share market as aforementioned.

3.

Security companies and trust investment companies which bear the authorization of CRSC to engage in B shares transactions and the
authorization of SAFE to handle foreign currencies may carry the certificates produced by the CSRC for operating the B shares and
the licenses authorized by the State Bureau of Foreign Exchange for managing foreign currencies to open B share guarantee accounts
at all the domestic commercial banks and their branches which bear the authorization to manage foreign currencies in the same city.
The branches of the aforementioned securities companies and investment trust companies may open the guarantee accounts by producing
copies of the aforementioned certificates and licenses issued to the companies, on which the official seals of the branches shall
be set. Securities companies or investment trust companies or their branches (hereinafter referred to as “securities operating institutions”)
can open only one B share guarantee account within one domestic commercial bank within the same area, and under no circumstances,
should securities operating institutions open more than one B share guarantee account in one domestic commercial bank within the
same area. Securities operating institutions should, within three working days after the opening of the account, submit the name
of the bank of the deposit to SAFE or its local branches (“Foreign Exchange Bureau”) to be put on file and disclose the information
about their guarantee accounts to the public via mess media.

4.

Domestic residents who intend to open B share accounts should go through the following proceedings:

Individuals may, bearing their legal ID documents, have their foreign currencies transferred from their original deposit accounts
into the B share guarantee accounts opened by the securities operating institutions. Personal IDs are required for such transactions.
Presently such transactions are restricted to the same kind of bank and the same city. Domestic commercial banks should produce entry
vouchers to individuals for their money transference, and should deliver the statement of account to the securities operating institutions.

Individuals then may bring their legal IDs and entry vouchers of the transferred foreign currencies to the securities opening institutions
to open B share capital accounts. The minimum B share account opening balance is 1,000.00 US dollars or the equivalent.

Upon opening the B share capital accounts, individuals may open their B share securities accounts with the said securities operating
companies.

5.

Domestic commercial banks should, when handling with transference of foreign currency for domestic residents, strictly abide by the
rules prescribed in this notice to check the deposit dates and transferred currency. Before June 1, 2001, when domestic residents
transfer foreign currency from their certified deposit, the foreign currency should be deposited before February 19, 2001. When domestic
residents transfer foreign currency from the current deposit, the amount should not be over the balance of the accounts before February
19, 2001. When domestic residents make the transactions, the foreign currency should be converted into the same kind of currency
as the B share guarantee account held by the securities operating institutions.

6.

The profit of the B share capital accounts for domestic residents should include the profit of the foreign currency being transferred
from foreign exchange account or foreign currency accounts, and the profit from B share trading. The cost should include the foreign
currency spent for buying B-share stocks or transferring back to domestic commercial banks. Nevertheless, foreign currency in B-share
capital account is not allowed to be transferred to foreign countries. All the foreign currencies transferred from B share capital
accounts to their deposit accounts within domestic commercial banks shall be deemed foreign currency within the country and be subjected
to the “The Interim Rules on Foreign Currency Regulations of Individual Domestic Residents” and other applicable rules. Domestic
residents shall not withdraw foreign currency cash from their B share capital accounts at anytime.

7.

The profit of B share accounts for non-residents shall include foreign currency being transferred from abroad, foreign currency legally
deposited with domestic commercial banks and profit from the B-share trading. The cost should include the cost of the foreign currency
being transferred abroad, or the foreign currency being deposited in their legal accounts within domestic commercial banks and/or
the foreign currency spent for B share trading. Non-residents shall not withdraw foreign currency cash from their B share accounts.

8.

Transference of B share between domestic residents and non-residents is forbidden. Domestic residents shall not entrust their B share
holdings to the entities outside of main land China.

9.

All domestic commercial banks, having opened B share guarantee accounts for the securities operating institutions, are permitted to
manage foreign currency payment and settlement which are associated to B-share trading between the securities operating companies
and securities registration and settlement companies, and between the securities operating companies and their branches.

10.

All securities operating institutions, domestic commercial banks, domestic residents, non-residents shall strictly abide by the rules
prescribed in this notice and other relevant rules and regulations issued by the CSRC and the SAFE concerning B share trading, in
order to avoid transferring foreign exchange abroad and illegal trading of foreign currencies. Those who breach the rules and regulations
shall be subject to CSRC and SAFE’s punishments stipulated by the relevant rules and regulations.

11.

This notice shall enter into force as of February 21, 2001. Securities operating institutions may open B share guarantee accounts
in domestic commercial banks from the effective date of this notice. Nevertheless, domestic residents shall not transfer foreign
currency for the purpose of opening B share capital accounts until February 26, 2001. “The Circular on Issues related to Strict Control
of Opening B Share Accounts” (ZhengJianFaZi [1996] No. 75) and “The Circular of Clearing up B Share Accounts” (ZhengJianJiaoZi [1996]
No. 1) of CSRC shall be nullified at the same time as this notice enters into force.



 
The China Securities Regulatory Commission
2001-02-21

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON THE EXECUTION OF THE CIRCULAR CONCERNING THE RELEVANT ISSUES OF SOFTWARE EXPORTS

The State Administration of Foreign Exchange

Circular of the State Administration of Foreign Exchange on the Execution of the Circular Concerning the Relevant Issues of Software
Exports

HuiFa [2001] No.28

February 22, 2001

The sub-administrations of the State Administration of Foreign Exchange; the departments of foreign exchange administration of Beijing
and Chongqin; and the sub-administrations of Dalian, Qingdao, Ningbo, Xiamen and Shenzhen:

In order to promote the software export enterprises to export their products and earn foreign exchange income, the relevant issues
of the execution of item 7) of Article 1 of the Circular Concerning the Relevant Issues of Software Exports (WaiJingMaoJiFa [2000]
No.680 ) (hereinafter referred to as the Circular) promulgated jointly by the Ministry of Foreign Trade and Economic Cooperation,
the Ministry of Information Industry, the State Administration of Taxation, the General Administration of Customs, the State Administration
of Foreign Exchange and the State Administration of Statistics are hereby defined as follows:

1.

The domestic-funded software enterprises of self-management export (hereinafter referred to as “enterprises”) that meet the conditions
for account opening as provided by the Circular shall, when applying to the foreign exchange administrations for opening accounts
of foreign exchange settlement, provide the “Certificate of Cognizance of Software Enterprise” issued by the competent department
under the Ministry of Information Industry, apart from providing the relevant materials as provided for in the Procedures for the
Keeping of Limited Amount of Foreign Exchange Income by Domestic-funded Enterprises.

2.

When making the examination and verification of account opening of an enterprise, the foreign exchange administration shall examine
and verify whether the enterprise is in the “List of Honorable Enterprises”, and shall determine the maximum limit of the account
on the basis of 15% of the sum of cancellation after verification of export earnings in foreign exchange of last year issued by the
foreign exchange administration of the place where the enterprise is located. The sum cancelled after verification of export earnings
in foreign exchange that is used to determine the limit shall be kept together with the materials for account opening, for the purpose
of check and verification.

3.

The sub-administrations shall strictly take the sum cancelled after verification of export earnings in foreign exchange of last year
that actually occurred to the enterprise as the base, and determine the limit of the account of foreign exchange settlement according
to the prescribed proportion. The limit may not be broken without the approval of the general administration.

The sub-administrations shall transmit this Circular to their branches as soon as possible after receiving it.



 
The State Administration of Foreign Exchange
2001-02-22

 






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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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