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DECISION OF THE STATE COUNCIL ON AMENDING THE PROMULGATION

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

No. 470

The Decision of the State Council on Revising the Regulations for the Supervision and Administration over Cotton Quality is hereby
promulgated, and shall enter into force as of the date of promulgation.
Wen Jiabao, Premier of the State Council

July 4, 2006

Decision of the State Council on Amending the promulgation

The State Council has decided to revise the promulgation as follows:

1.

Paragraph 1 of Article 3 shall be revised toas: ” When a cotton business operator intends to engage in cotton processing business,
it shall obtain its qualification certification according to the relevant provisions of the state. ”

2.

Article 24 shall be amended as: ” Where a cotton business operator, when purchasing cotton, violates Paragraph 2 or 3 of Article
7 of the present Regulations by failing to meet the national standards or technical norms to exclude foreign fibers and other noxious
substances before determining the category, grade and quantity of the purchased cotton, or by failing to conduct technical treatment
on the purchased cotton which goes beyond the national moisture standard, or by failing to classify and grade the purchased cotton
for placement, it shall be ordered by the cotton quality supervision institution to make corrections, and imposed upon a fine up
to RMB 30,000 Yuan. ”

This Decision shall enter into force as of promulgation.

The Regulations for the Supervision and Administration over Cotton Quality shall be revised accordingly pursuant to this Decision,
and shall be promulgated again.



 
The State Council
2006-07-04

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON ENHANCING THE ADMINISTRATION OF TAX REFUND FOR THE EXPORT GOODS MADE OF AGRICULTURAL PRODUCTS AS MAIN MATERIALS

Circular of the State Administration of Taxation on Enhancing the Administration of Tax Refund for the Export Goods Made of Agricultural
Products as Main Materials

Guo Shui Han [2006] No. 685

The state taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, city specifically
designated in the state plan,

Recently, it is found in some cases of tax fraud investigated and dealt with by the taxation departments that some law-breakers and
illegal enterprises cheat of tax refunds by using export goods made of agricultural products (especially some agricultural products
that are small, light and of high value, and with distinct differences between the unit prices of different grades) as the main raw
materials, in order to strengthen the administration of tax refund for the export goods, severely prevent the incidence of tax fraud
cases, the relevant matters are hereby notified as follows:

1.

The taxation departments in all localities shall attach great importance to the administration of the tax collection and tax refund
on export goods made of agricultural products as raw materials and shall adopt effective measures to sternly prevent the incidence
of the cases of tax dodge and tax fraud.

2.

The taxation departments in all localities shall enhance the early warning, evaluation and analysis work for the tax refund for the
export goods made of agricultural products as raw materials. In case of any abnormal increase of export volume or export price, or
any other clue of tax fraud, it must report the abnormalities to the State Administration of Taxation immediately, apart from disposing
the case according to the existing provisions.

3.

In the daily work, the taxation departments in all localities shall improve the examination and approval of the tax refund (exemption)
for the export goods made of agricultural products as main raw materials. At the same time, where the competent taxation authorities
find any abnormal increase of export volume or export price in the early warning, evaluation and analysis work with regard to the
tax refund for the export goods made of agricultural products as main raw materials, such as leather, fur, cashmere, pearl, rare
Chinese Traditional Medicine, or top-grade aquatic products which are small, light and of high value, and there are distinct differences
between the unit prices of the different grades, if the production enterprise exports the products by itself or entrusts any other
person to export the products, the competent taxation authorities shall carry out spot inspection to the place, equipment, production
capacity, production scale, varieties of products, volume of production and tax payment information of the production enterprise
and shall cautiously examine the relevant items, warehousing entry, flow of fund, output rate, etc. in the invoices for the purchase
of agricultural products. As to the export goods purchased by a foreign trade enterprise, the competent taxation authorities shall,
issue investigation letters to the taxation departments at the county level or above where the supply enterprises are located in
accordance with the existing letter-based investigation into the taxation concerning the exported goods, and shall deal with it subject
to the replies. The taxation departments at all levels shall confirm the information and make replies as soon as possible after they
receive any investigation letter.

4.

The agricultural products that are small, light and of high value, and with distinct differences between the unit prices of different
grades (or specifications) are not confined to the scope as listed in Article 3 of this Circular. In the practical work of examination
and approval of tax refunds, the taxation departments in all localities may conclude the concrete scope of export goods processed
with agricultural products that are small, light and of high value, and with distinct differences between the unit prices of different
grades (or specifications), as raw materials.

The State Administration of Taxation

July 12, 2006



 
The State Administration of Taxation
2006-07-12

 







MEASURES FOR THE RISK CONTROL INDICATORS OF SECURITIES COMPANIES

Order of China Securities Regulatory Commission

No. 34

Measures for the Administration of the Risk Control Indicators of Securities Companies, which have been adopted by the 185th president’s
meeting of China Securities Regulatory Commission on July 5, 2006, are hereby promulgated and shall come into force as of July 10,
2006.
President Shang Fulin

July 20th, 2006

Measures for the Risk Control Indicators of Securities Companies
Chapter I General Provisions

Article 1

These Measures are formulated in accordance with the Securities Law of the People’s Republic of China and other laws and administrative
regulations in order to establish a risk control indicator system centered on net capital, enhance the risk surveillance of securities
companies and urge the securities companies to strengthen their inner control and to guard against risks.

Article 2

A securities company shall calculate the net capital and the risk reserve and work out the net capital calculation sheet and the
risk control indicator surveillance statement subject to these Measures.

Article 3

The China Securities Regulatory Commission (hereinafter referred to as CSRC) may regulate the net capital calculation rules, risk
control indicators and its standards, the calculation ratio of risk reserves and the calculation caliber of the scale of each business
in accordance with the market development and the principle of cautious surveillance. Before the adjustment is made, it shall solicit
the opinions of the industrial sectors in public and make certain transition arrangements for the implementation of the adjustment.

With respect to the new products and new businesses for which the risk adjustment ratio or risk reserve ratio fail to be stipulated
in these Measures, the securities company shall report or submit to the CSRC or the agencies of the CSRC (hereinafter referred to
as the agency) of the place of incorporation of the securities company for approval in accordance with relevant provisions before
investing in the product or developing the business. The CSRC shall, in accordance with the features and the risk status of the new
products and new businesses of the securities company, determine the corresponding risk adjustment ratio and the risk reserve calculation
ratio on the basis of the opinions of the industrial sectors.

Article 4

The CSRC may, in accordance with the principle of classified surveillance, make suitable adjustments to the risk control indicator
standards of different enterprises and the risk reserve calculation ratio of certain businesses pursuant to the governance structure,
inner control level and risk control situation.

Article 5

The CSRC and its agencies shall make regular or irregular inspection to the generation process of the net capital or other data of
all risk control indicators of the securities companies, and the truthfulness, accuracy and integrity of the calculation results.

The CSRC and its agencies may request the securities company to employ an accounting firm with relevant professional qualification
to audit its monthly net capital calculation sheets and risk control indicator surveillance statements if it is required.

Article 6

A securities company shall set up a dynamic surveillance and complement mechanism of risk control indicators in light of its own
assets and liability situation and business development in order to ensure that risk control indicator as net capital is consistent
with the stipulated standards at any time.

A securities company shall, before implementing all businesses or distributing any profit, perform a sensitivity analysis on the risk
control indicators in order to rationally determine the maximum scale of relevant businesses and the profits to be distributed.

Article 7

The securities company shall engage an accounting firm with relevant professional qualification to audit its annual net capital calculation
sheets and risk control indicator surveillance statements.

Article 8

The accounting firm and its certified accountants shall perform their duties diligently to audit the truthfulness, accuracy and integrity
of the net capital calculation sheets and risk control indicator surveillance statements of the securities company and be in charge
of the authenticity and legality of the audit reports they produce.

Chapter II Net Capital and Its Calculation

Article 9

Net capital is a integrative risk control indicator determined after performing risk adjustment to the assets and liabilities and
relevant businesses on the basis of the net capital in accordance with the business scope and the fluidity of the assets and liabilities
of the securities company.

The basic calculation formula of net capital is: net capital = net assets – risk adjustment to financial products investment – risk
adjustment to receivables – other risk adjustments to current assets – risk adjustment to the long-term assets – risk adjustment
to contingent liabilities -/+ other adjustments determined or rectified by CSRC.

Article 10

A securities company shall calculate the net capital subject to the net capital calculation standard of securities company as stipulated
by the CSRC.

Article 11

In the calculation of the net capital, a securities company shall sufficiently withdraw asset depreciation reserves on self-operated
securities, receivables, long-term investments, fixed assets, construction in progress, intangible assets, and other items in accordance
with relevant accounting standards. Among others, the declining price reserves of the self-operated securities shall be withdrawn
on the monthly basis for each single item.

The CSRC and its agencies may require the company to make a special specification on the sufficiency and prudence of the withdrawal
of asset depreciation reserves. In case of any evidence of insufficient withdrawal of asset depreciation reserves for the company,
the CSRC and its agencies may ask the company to make complementary withdrawal of asset depreciation reserves and reduce the net
capital likewise.

Article 12

A securities company shall be combine the current assets with the financial products investment of the long-term assets for calculation
in order to make a uniform risk adjustment.

Article 13

Where a securities company engages in stock investment, it shall adopt the risk adjustment with different ratios in accordance with
the classification and the liquidity of the stocks. With respect to those that meet two or more standards in the stock classification,
the highest ratio shall be taken for the risk adjustment.

If a securities company holds a securities investment beyond the stipulated ratio, it may be required to raise the ratio of risk adjustment
when calculating the net capital by the CSRC and its agencies.

Article 14

If a securities company participates in the portfolio asset management of the company with its self-owned capital, it shall stipulate
the amount and term of the invested fund and the corresponding responsibilities in the portfolio asset management contract, and shall
deduct the invested fund pursuant to corresponding responsibilities when calculating the net capital.

Article 15

The risk adjustment of the receivables shall be performed with different ratios in accordance with the age of the accounts and the
collectible situation, while the age of the accounts shall be calculated from the point when the business occurs. As to those that
meet two or more standards in the classification of receivables, the highest ratio shall be adopted for the risk adjustment excluding
the guarantee deposits. In case of certain guarantee deposits that has been proved difficult to be recovered, the risk adjustment
shall be performed subject to the age of the accounts.

In accordance with relevant requirements of accounting standards, a securities company shall transfer the overdue loans to other banks,
purchase sell-back securities, agency of bond cashing into the receivables for accounting and make risk adjustment in light of the
abatement principle of the receivables.

Article 16

The securities company shall, in the annotations of the net capital calculation sheet, sufficiently reveal the nature of contingencies
(such as the pending lawsuit, external guarantee, etc), the amount, reasons, progress and the accounting treatment of the possible
loss and initial loss estimated of the contingent matters involved at the end of a period of the company . With respect to the contingencies
that may lead to the outflow of economic benefits, the estimated liabilities shall be determined; while as to those that will not
very likely lead to the outflow of economic benefits, the contingent liabilities shall be deducted in accordance with a certain proportion
when calculating the net capital.

Article 17

A securities company that borrows any junior debt may add the junior debt to the net capital in light of a certain proportion when
calculating the net capital.

The long-term borrowings that are borrowed by the securities company from the shareholders or its affiliated enterprises with a borrowing
term of five years or more and have a nature of junior debts may be charged to the net capital according to a certain proportion.

The detailed proportion shall be determined by the CSRC subject to the expiration term and the financial status of the securities
company.

Chapter III Risk Control Indicator Standard

Article 18

If a securities company engages in the stock brokerage business, its net capital shall not be less than RMB 20 million.

If a securities company engages in any of such businesses as securities underwriting and recommending, self-operation of securities￿￿portfolio
management and other securities businesses, its net capital shall not be less than RMB 50 million.

If a securities company engages in the stock brokerage business and concurrently in any of such businesses as securities underwriting
and recommending￿￿self-operation of securities￿￿portfolio management and other securities businesses, its net capital shall not be
less than RMB 100 million.

If a securities company engages in two or more of such businesses as securities underwriting and recommending￿￿self-operation of securities￿￿portfolio
management and other securities businesses, its net capital shall not be lower than RMB 200 million.

Article 19

A securities company shall conform to the risk control indicator standards as follows:

(1)

The proportion between the net capital and the sum of all risk reserves shall not be less than 100 percent;

(2)

The proportion of the net capital to the net assets shall not be less than 40 percent;

(3)

The proportion of the net capital to the liabilities shall not be less than eight percent;

(4)

The proportion of the net assets to the liabilities shall not be less than 20 percent;

(5)

The proportion of the current assets to the current liabilities shall not be less than 100 percent;

Article 20

Where a securities company engages in the stock brokerage business, it shall obey the provisions as follows:

(1)

The risk reserve shall be calculated on the basis of two percent of the total sum of the transaction settlement fund of the client;

(2)

The average commutation of net capital calculated according to the number of business departments (net capital/number of business
departments) shall not be less than RMB five million per department.

Article 21

Where a securities company engages in the self-operated business, it shall abide by the provisions as follows:

(1)

The scale of the self-operated stock shall not be more than 100 percent of the net capital;

(2)

The business scale of the self-operated securities shall not be more than 200percent of the net capital;

(3)

The cost of holding one type of non-bond securities shall not be more than 30 percent of the net capital;

(4)

The proportion of the market value of one type of securities it holds to the total market value of this type of securities shall not
be more than five percent, unless it is resulted in exclusive sale or it has been stipulated by the CSRC￿￿

(5)

As to a securities company that carries out self-operation beyond the stipulated proportion, its risk reserve of the said part beyond
the proportion shall be calculated on the basis of 100 percent of the investment cost before the completion of the rectification.

The self-operated stock scale as mentioned in the preceding paragraph refers to the total sum of stock investment, which is held by
the securities company and calculated according to the cost price. The securities self-operation business scale refers to the total
sum of the stock investment and securities investment fund (excluding the money market funds) investment, which is held by the securities
company and calculated according to the cost price.

Where a securities company creates any warrant, it may calculate the stock investment scale in light of the amount of stock investment
cost after deducting the money gained from the sale of warrants (excluding the expenses for redeeming the warrants by the securities
company).

Article 22

Where a securities company engages in securities underwriting, it shall observe the provisions as follows:

(1)

A securities company that underwrites stocks shall calculate the risk reserve according to ten percent of the underwriting amount
of its underwriting obligation;

(2)

A securities company that underwrites corporate bonds shall calculate the risk reserve according to five percent of the underwriting
amount of its underwriting obligation;

(3)

A securities company that underwrites government bonds shall calculate the risk reserve according to two percent of the underwriting
amount of its underwriting obligation;

The amount subcontracted through the company by the member of the underwriting team and the amount subscribed by strategic investors
in written agreement signed by the company shall not be contained in the underwriting amount .

If a securities company underwrites the securities issued in public by more than one issuer at the same time, and there is overlapping
in the issuing terms and the issuances are still in process, it shall calculate the risk reserve pursuant to the underwriting amount
of a single business and the corresponding proportion.

Article 23

Where a securities company engages in the portfolio management business, it shall comply with the provisions as follows:

(1)

The risk reserve shall be calculated according to two percent of the management principle of the asset management with a designated
objective￿￿

(2)

The risk reserve shall be calculated according to one percent of the management principle of the portfolio asset management￿￿

(3)

The risk reserve shall be calculated according to 0.5 percent of the management principle of the special asset management.

Article 24

Where a securities company provides margin services in the clients’ purchase and sale of securities, it shall adhere to the provisions
as follows:

(1)

The financing business scale of a single client shall not be more than five percent of the net capital;

(2)

The securities borrowing business scale of a single client shall not be more than five percent of the net capital;

(3)

The market value of a single guarantee stock accepted shall not be more than 20 percent the total market value of the stock;

(4)

The risk reserve shall be calculated according to ten percent of the financing business scale;

(5)

The risk reserve shall be calculated according to ten percent of the securities borrowing business scale;

The financing business scale as mentioned in the preceding paragraph refers to the sum of the principals under which the client has
raised funds; while the securities borrowing business scale refers to the sum of the market value of the borrowed securities on the
raising day.

Article 25

the risk reserve of the operating risks shall be calculated according to ten percent of the total sum of the business expense of
the previous year by a securities company.

Article 26

The CSRC shall set up an early warning standard for each risk control indicator. The early warning standard of the risk control index
which is not allowed to stay below a certain standard is 120percent of the stipulated certain standard; while the early warning standard
of the risk control indicator which is not allowed to stay above a certain standard is 80% of the stipulated certain standard.

Chapter IV Working out and Revealment

Article 27

A securities company with subsidiaries shall work out net capital calculation sheets and risk control indicator surveillance statements
on the basis of the data of the parent company.

The CSRC and its agencies may require the securities company to work out the net capital calculation sheets and the risk control indicator
surveillance statements on the basis of merging data when necessary.

Article 28

The directors and senior managers of a securities company shall sign to the semiannual and annual net capital calculation sheets
and risk control indicator surveillance statements for confirmation.

The principal chief and the financial chief who are in charge of the operation and administration of the securities company shall
sign to the monthly net capital calculation sheets and risk control indicator surveillance statements for confirmation.

The person who signs the net capital calculation sheets and the risk control indicator surveillance statements shall ensure the truthfulness,
accuracy and integrity of the net capital calculation sheets and the risk control indicator surveillance statements and that there
is no false record, misleading statement or significant omission therein. In case of any objection to the said two statements, the
opinions and reasons shall be noted on the statements.

Article 29

At least once every half year, a securities company shall give a report in written form on the specific circumstances and information
on meeting the standard of risk control indicator, such as net capital or other indicators, to all directors of the company after
they have been signed and confirmed by the principal chief; and give a report in written form on the specific circumstances and information
on meeting the standard of risk control indicator, such as net capital or other indicators, to all shareholders of the company after
they have been signed and confirmed by the board of directors and shall obtain the documentary evidence of the receipt and confirmation
of at least the principal shareholders.

If the net capital indicator changes for more than 30 percent as compared with that of the last month or does not satisfy the stipulated
standard, the securities company shall issue a report in written form to all directors of the company within five workdays and all
the shareholders within ten workdays.

Article 30

The securities company shall submit a monthly net capital calculation sheet and risk control indicator surveillance statement with
the CSRC and its agencies within five workdays since the end of each month.

The agency may require a single securities company, some or all securities companies under its jurisdiction to work out and submit
weekly or daily net capital calculation sheets and risk control indicator surveillance statements within a certain period as required.

Article 31

If the net capital indicator or other risk control indicator alters for more than 20 percent as compared with that of the last month,
the securities company shall submit a report in written form to the CSRC and its agencies within three workdays since the occurrence
of the change and shall specify the basic information and the reasons of alteration.

Article 32

If the net capital or other risk control indicators fail to reach the early warning standard or to meet the stipulated standard,
the securities company shall, submit a report in written form to the CSRC and its agencies within three workdays and one workdays
respectively since the occurrence of such failure and shall provide the basic information, the reasons, specific solutions to the
problem and the time limit.

Chapter V Surveillance Measures

Article 33

If a financial report, net capital calculation sheet or risk control indicator surveillance statement of a securities company has
been issued by a certified accountant with reserved opinions or clarifications without reserved opinions, the securities company
shall make a special explanation of the matters involved.

If any matter concerned does not fall into any obvious violation of accounting rules, the net capital calculation rules of the securities
company or other regulations, the CSRC and its agencies may require the securities company to specify the influence of the matter
on the net capital and other risk control indicator of the securities company.

If any matter concerned includes in any obvious violation of accounting rules, the net capital calculation rules of the securities
company or other regulations, the CSRC and its agencies may require the securities company to correct within a certain period or
to work out the net capital calculation sheets and the risk control indicator surveillance statements over again. If the securities
company fails to correct within the certain time limit, the CSRC and its agencies may determine that the net capital or risk control
indicators of the securities company is below the stipulated standard.

Article 34

If a financial statement, net capital calculation sheet or the risk control indicator surveillance statement of a securities company
has been issued by the certified accountant with negative opinions or on which it is difficult for a certified accountant to express
his opinions on, the CSRC and its agencies may determine that such risk control indicator as the net capital of the securities company
is below the stipulated standard.

Article 35

If the net capital or other risk control indicator of a securities company meets the early warning standard, the agency concerned
shall adopt following measures against the securities company according to the different conditions:

(1)

Issuing a surveillance attention letter and send a copy of the letter to the principal shareholders of the securities company, and
require the said company to explain the potential risks and control measures;

(2)

Performing surveillance talks with the senior managers of the securities company and require the said company to take measures to
regulate the business scale and the assets liability structure in order to improve the net capital level;

(3)

Demanding the company to submit a special report five workdays before making a decision on any major business to explain the impact
of the relevant business on the financial status and the net capital or other risk control indicators of the company;

(4)

Ordering the securities company to increase the frequency of the inspection to the inner regulation compliance and submit a report
of regulation compliance inspection.

Article 36

If the net capital or other risk control indicator of a securities company fails to satisfy the stipulated standard, the company
shall be ordered by the agency to correct within a certain time limit and work out and submit a rectification plan within five workdays.
The rectification period shall not be longer than 20 workdays. Where the securities company fails to submit a rectification plan
on schedule, its business activities shall be restricted by the agency at once.

In the rectification term, the CSRC and its agency shall adopt following measures against the securities company according to different
conditions:

(1)

To stop approving new business;

(2)

To stop approving the establishment or purchase of new business branches;

(3)

To limit the distribution of profits;

(4)

To limit the transfer of property or the setup of other rights on the property.

Article 37

If, after rectification, the securities company has been checked and accepted as being in consistent with relevant risk control indicator
by the agency of the CSRC, the CSRC and its agency may remove the measures taken against the company within three workdays after
the accomplishment of the check and acceptance.

Article 38

If the securities company fails to complete the rectification work on schedule, since the following day after the expiration of the
rectification time limit, the CSRC and its agencies shall adopt the following measures against the securities company in light of
different conditions:

(1)

To restrict the business activities;

(2)

To order the suspension of part of the businesses;

(3)

To restrict the payment of remunerations and welfare to the directors, supervisors and senior managers;

(4)

To order it to alter the directors, supervisors, senior managers or restrict their power;

(5)

To order the controlling shareholder to transfer the stock rights or restrict the shareholders concerned in their exercise of stockholder’s
rights;

(6)

To determine the directors, supervisors or senior managers as inappropriate.

Article 39

If a securities company fails to complete the rectification work on schedule and the risk control indicator of which continues to
deteriorate to such extent that it may rigorously harm the sound and stable operation of the securities company, relevant business
licenses of this company may be canceled by the CSRC.

Article 40

Where the risk control indicator of a securities company fails to comply with the standard and then severely damage the order of
the securities market and the interests of investors, the CSRC may adopt the measures as follows subject to different conditions:

(1)

To order it to suspend its business for rectification;

(2)

To assign or entrust any other institution to take it over;

(3)

To cancel the securities business license;

(4)

To cancel the company.

Chapter VI Supplementary Provisions

Article 41

description of the terms used in these Measures:

(1)

Risk reserve: due to certain risks involved in each business and the possible loss of net capital, it is clear that the risk reserve
shall be calculated subject to a certain proportion of each business scale, and a corresponding relationship between the risk reserve
and the net capital shall be established in order to ensure that there is equivalent net capital to support the risk reserve of each
business.

(2)

Sensitivity analysis: refers to the analysis that studies the possible influence of the variation of one or more elements on the net
capital and other risk control indicator under the prerequisite of remaining other conditions and estimates whether it may make such
risk control indicator as the net capital fail to conform to the early warning standard or the stipulated certain standard or not.

(3)

Liability, current liability: refer to the exterior liability, excluding the money for buying and selling the securities.

(4)

Assets, current assets: refer to the self-owned assets, excluding the assets of clients.

(5)

Contingent liability: refers to the potential obligation formed through past transactions or matters, the existence of which shall
be confirmed by means of the occurrence or nonoccurrence of uncertain matters in the future; or the current obligation formed through
past transactions or matters, the obligation performance may result in the outflow of economic benefits of the enterprise or the
unreliability of the calculated amount of obligations.

(6)

One type of securities: refers to the stock, securities or other securities issued by a single issuer, of which, the stocks issued
in different markets do not include in one type of securities and it shall be calculated separately.

(7)

Guarantee deposits account: refers to the receivables that generated from the time differences between paying and collecting and the
cash pledge that is deposited in other entities by the securities company.

(8)

Major business: refers to the business that may cause an alteration of more than ten percent of the net capital or other risk control
indicator through measurement and calculation.

Article 42

These Measures shall enter into force as of November 1, 2006.



 
China Securities Regulatory Commission
2006-07-20

 







MEASURES FOR THE CLASSIFIED ADMINISTRATION ON THE EXPORT OF COMPONENTS AND PARTS OF CIVIL AVIATION

Order of the Ministry of Commerce and the General Administration of Customs

No. 6

Measures for the Classified Administration on the Export of Components and Parts of Civil Aviation, which have been deliberated and
adopted at the 5th executive meeting of the Ministry of Commerce on May 17th, 2006, are hereby promulgated upon the approval of the
General Administration of Customs, and shall come into force 30 days later after the promulgation.
Bo Xilai, the Minister of the Ministry of Commerce

Mu Xinsheng, the Director of the General Administration of Customs

August 1st, 2006

Measures for the Classified Administration on the Export of Components and Parts of Civil Aviation

Article 1

With a view to perfecting the export control of dual-use items and technologies and facilitating the export of components and parts
of civil aviation, the present Measures are formulated in accordance with the Foreign Trade Law of the People’s Republic of China
and the Regulations of the People’s Republic of China on Controlling the Export of Missiles and Related Items and Technologies.

Article 2

The term “components and parts of civil aviation” as mentioned in the present Measures refers to the items that are subject to the
control of the Regulations of the People’s Republic of China on Controlling the Export of Missiles and Related Items and Technologies
and are used for civil aviation (for the names and customs codes, please see “items and technologies listed in the checklist of missiles
and related items and technologies export in “, Attachment 1 the Administration Catalogue of Import and Export Licenses of Dual-Use
Items and Technologies of the Measures for the Administration of Import and Export License of Dual-Use Items and Technologies).

Article 3

The classified administration on licenses shall be adopted on the export of components and parts of civil aviation.

The management on export permit documents shall be adopted for the components and parts of civil aviation exported by such means as
“Goods for Repair” (Code No. 1300), “Temporarily Imported & Exported Goods” (Code No. 2600), “Goods in Bonded Warehouses” (Code
No. 1233), “Leased for Less Than One Year” (Code No. 1500), and “Leasing Trade” (Code No. 1523).

As for the components and parts of civil aviation exported by any means other than the customs supervision means as described in the
preceding paragraph, the export license administration of dual-use items and technologies shall still apply the Measures for the
Administration on Import and Export Licenses of Dual-Use Items and Technologies (Order No. 29 [2005] of the Ministry of Commerce
and the General Administration of Customs).

Article 4

The exporter of components and parts of civil aviation (hereinafter referred to as exporter) shall file an application for the Export
Permit Document with the Ministry of Commerce and submit the following materials:

(1)

The application for export permit;

(2)

The statement of the names (including the model number), producing countries and manufacturers of the components and parts of civil
aviation to be exported;

(3)

The statement of the export purposes, ports of entry and importing countries (regions);

(4)

The guarantee document that the exporter shall abide by the laws and regulations and relevant provisions on export control of the
state;

(5)

Other documents as required by the Regulations of the People’s Republic of China on Controlling the Export of Missiles and Related
Items and Technologies.

Article 5

The Ministry of Commerce shall accept the application after receiving the complete and effective application materials, and issue
an Export Permit Document to the qualified applicant within the examination time limit as stipulated in the Regulations of the People’s
Republic of China on Controlling the Export of Missiles and Related Items and Technologies.

In the Export Permit Document, such contents shall be specified as the exporter, customs supervision means, importing country (region),
name and customs code (including the model number) of the components and parts of civil aviation and the effective date of the Document
and port of entry (for the format see attachment).

Article 6

The exporter may, upon the strength of the Export Permit Document, go through customs clearance formalities for two or more times
within the effective date of the Document with no limit on the times of customs declaration and export amount.

Article 7

The customs house shall, upon the original copy of Export Permit Document issued by the Ministry of Commerce, conduct export inspection
and clearance formalities for the components and parts of civil aviation as listed in Paragraph 2, Article 3 of the present Measures,
and retain the photocopy of the Export Permit Document and the declaration form for archival filing. The original copy of the Export
Permit Document shall be returned to the exporter or the agent.

Article 8

The exporter shall, within 30 days as of the expiration of the effective date of the Export Permit Document, report to the Ministry
of Commerce issues as follows, the export time, model numbers, quantities, trade method, importing countries (regions), importers,
end users, end users and the ports of entry of the components and parts of civil aviation exported under the Export Permit Document.

Article 9

In order to prepare the selective inspection of the Ministry of Commerce, the exporter shall keep the relevant contracts, invoices,
account books, documents, records, files, business letters and phone calls, sound and video recordings and other materials for at
least 5 years .

Article 10

Where an exporter violates the provisions of the present Measures, the Ministry of Commerce shall give him an admonition and impose
upon it a fine of less than 30,000 Yuan. When it is necessary, the Ministry of Commerce may, according to the Foreign Trade Law of
the People’s Republic of China and other relevant laws and regulations, order it to make corrections within a certain time limit
and cancel its Export Permit Document, and may not accept its application for an Export Permit Document within 3 years, or forbid
it to engage in the export business activities of relevant commodities within a certain time limit of not less than 1 year but not
more than 3 years.

The exporter violating the relevant laws and regulations on export control shall be punished according to relevant provisions.

Article 11

The power to interpret the present Measures shall remain with the Ministry of Commerce and the General Administration of Customs
in light of their respective functions.

Article 12

The present Measures shall come into force 30 days later after the promulgation.

Attachment: The format of Export Permit Document

Attachment:
The format of the Export Permit Document Reply of the Ministry of Commerce on Approving the Export of XX (the name of the components
and parts of civil aviation) by XXCompany

Shang Chan Pi No. XX [200X]

XXCompany:

Your application materials have been received. Upon consideration, a reply is made to you as follows:

1.

Your company is hereby approved to engage, through the XXmeans of customs supervision (Code No.XX), in the business of exporting
XX(name, customs code and model of the components and parts of civil aviation) to XXcountry (region) at XX(port of entry) before
XX (date).

2.

Your company shall strictly abide by the laws and regulations and other relevant provisions on export control of the state, intensify
the administration, and summarize and report the relevant situation to the Ministry of Commerce (the Industry Department) within
30 days as of the expiration of the effective date of the present Document.

3.

This Reply shall come into force as of the date of its promulgation.

Ministry of Commerce

XX(Date)



 
Ministry of Commerce, General Administration of Customs
2006-08-01

 







CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING THE COLLECTION OF ENTERPRISE INCOME TAX ON THE INCREASED VALUE DUE TO ASSETS ASSESSMENT DURING THE RESTRUCTURING OF INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED

Circular of the Ministry of Finance and the State Administration of Taxation Concerning the Collection of Enterprise Income Tax
on the Increased Value due to Assets Assessment during the Restructuring of Industrial and Commercial Bank of China Limited

Cai Shui [2006] No. 81

The finance departments (bureaus), state taxation bureaus and local taxation bureaus of each province, autonomous region, municipality
directly under the Central Government and city specifically designated in the state plan, the Finance Bureau of Xinjiang Production
and Construction Corporations, and the financial supervision commissioners’ offices of the Ministry of Finance in each province,
autonomous region, municipality directly under the Central Government and city specifically designated in the state plan:

For the purpose of supporting the smooth operation of the restructuring and listing of the Industrial and Commercial Bank of China,
the relevant issues concerning taxation are hereby announced as follows in accordance with relevant spirit of the State Council on
supporting the restructuring of enterprises:

1.

Where the increased value due to assets assessment that occurs during the restructuring of Industrial and Commercial Bank of China
has been confirmed and included into state capital by competent finance authorities, it shall be exempted from the enterprise income
tax that should be paid subject to relevant provisions.

2.

The Industrial and Commercial Bank of China may make depreciation or amortization according to the assessed value of assets, and conduct
deduction before the levy of enterprise income tax.

Please abide hereby.

The Ministry of Finance

The State Administration of Taxation

August 14, 2006



 
The Ministry of Finance, the State Administration of Taxation
2006-08-14

 







POLICIES OF SUPPORTING THE DEVELOPMENT OF NATIONAL ELECTRONIC INFORMATION INDUSTRY BASES AND PARKS

Circular of the Ministry of Information Industry on Issuing the Policies of Supporting the Development of National Electronic Information
Industry Bases and Parks

Xin Bu Gui [2006] No.542

Pursuant to the Opinions of the Ministry of Information Industry on Constructing National Electronic Information Industry Bases and
Parks, the Ministry of Information Industry formulated the Measures of Supporting the Development of National Electronic Information
Industry Bases and Parks for the purpose of promoting their construction. It is hereby notified that these Measures are hereby issued,
and please abide by them.
Ministry of Information Industry of the People’s Republic of China

August 18,2006

Policies of Supporting the Development of National Electronic Information Industry Bases and Parks

It is an important move of invigorating the country through electronics to develop national electronic information industry bases
(hereinafter referred to as “the bases”) and parks (hereinafter referred to as “the parks”). These policies are formulated for the
purpose of assisting the bases and the parks in coordinating resources, enhancing their ability of independent innovation, restructuring
and upgrading industries, giving scope to their concentration, radiation and promotion and developing famous brands.

Chapter 1 Policy Objectives

Article 1

Under the guidance of the government and promotion of the market, based on the cooperation between the central government and local
authorities, and with an equal emphasis on expansion and industry upgrading, the bases and the parks are expected to promote the
regional economic restructuring and change of the pattern of economic growth, provide the platform for the domestic information industry
to “go out” and take part in international competitions, and help strengthen the independent innovation ability of the information
industry and construct a world power on electronics.

Chapter 2 Guidance on Planning

Article 2

The construction of the bases and the parks is taken as an important task of implementing the Eleventh Five-Year Special Programme
for the Informationalization of National Economy and Social Development, the Eleventh Five-Year Programme for the Information Industry
and the Eleventh Five-Year and the Long-and-Medium-Term Programmes for Science and Technology in Information Industry.

Article 3

The management of the bases and the parks shall be absorbed to take part in the formulation of the policies and the regional and
special programmes of the information industry as well as in the research of important issues concerned. Enterprises and public institutions
in the bases and the parks shall be taken as the implementing subjects of the important projects and special programmes in the information
industry, and more guidance shall be given to the development planning of the bases and the parks.

Chapter 3 Independent Innovation

Article 4

Enterprises in the bases and the parks are encouraged to establish research and development institutions, and authorize and cultivate
a number of innovative enterprises and research and development centres of the information technology. Key enterprises are encouraged
to work together to develop core technologies and formulate relative standards for the purpose of promoting the establishment of
an independent innovation system with the enterprises as the subject.

Article 5

National engineering laboratories, national key laboratories, national engineering (technology research) centres, enterprise technology
centres, scientific research institutions affiliated to the Ministry of Information Industry are encouraged to settle in the bases
and the parks for the purpose of conducting technological cooperation in various forms and industrialize the findings of scientific
research.

Article 6

The bases and the parks are supported to develop platforms of public technology, intellectual property right and information service
oriented towards the information industry, and to establish an open sharing mechanism in order to optimize the regional environment
of its development.

Chapter 4 International Cooperation

Article 7

More guidance shall be given to the bases and the parks for the purpose of attracting more investment from overseas, the leading
foreign enterprises shall be led to settle in the bases and the parks and multinational corporations shall be encouraged to establish
research and development centres in the bases and the parks.

Article 8

The bilateral and regional cooperation mechanism shall be given full play, and a good international cooperation platform shall be
established by the government for the enterprises in the bases and parks to “go out” and participate in foreign cooperation projects.
Leading enterprises are encouraged to tap foreign market and promote their ability of international management.

Article 9

An interactive early warning mechanism of the information industry, based on the bases and the parks, shall be established between
the Ministry, the provincial authorities in charge and the bases and parks for the purpose of providing support for the enterprises
in case of international trade disputes.

Chapter 5 Informationalization Construction

Article 10

The bases and the parks are encouraged to enhance their informationalization. The establishment of electronic government shall be
accelerated in the service of the enterprises in the bases and the parks, and the application of electronic signatures and certificates
of electronic authentication shall be popularized for the purpose of providing the electronic authentication service for the electronic
commerce in the bases and the parks.

Article 11

The bases and the parks shall enhance their supervision of the information system construction, and promote the experimentation,
demonstration and popularization of the regional, urban and enterprise informationalization and the transformation of the traditional
industries by information technology.

Chapter 6 Capital Investment

Article 12

The arrangement of the programmes, such as the Electronics and Information Industry Development Foundation, Integrated Circuit Research
and Development Foundation and the discount loans for the “Double-Growth Plan” of Information Technology Application, shall be in
favour of the innovative projects which the bases and the parks apply for, and special support shall be granted to the platform construction
of general technology and information service, the important technology industrialization and the projects with a large proportion
of funds from local governments.

Article 13

In the organization and implementation of special projects, such as technological progress and industrial upgrading of enterprises
in information industry, the high technology industrialization demonstration, the national engineering centre construction and other
key technologies research and development programmes, the state-level authorities concerned shall be promoted actively to grant special
aid to enterprises in the bases and the parks.

Article 14

Support shall be provided for the construction of key projects and other supporting national projects. Special funds must be established
for the bases and the parks, with no less than 50 million RMB yuan for the bases and 10 million RMB yuan for the parks annually.

Article 15

In the process of implementing the Cooperation Agreement on Development Finance for the Development of Electronic Information Industry
and the Application of Information Technology signed by the Ministry of Information Industry and China Development Bank, more support
shall be given to the enterprises in the bases and the parks which apply for the development capital loan.

Chapter 7 Personnel Cultivation and Exchanges

Article 16

The bases and the parks are encouraged to explore and establish the regional talent cultivation mechanism. Enterprises in the bases
and the parks shall be guided to cooperate with higher education institutions and research institutes to establish talent cultivation
platforms on information technology that integrates the efforts of enterprises, universities and research institutes, and the cultivation
of compound, practical and high-technical talents should be reinforced.

Article 17

The bases and the parks are encouraged to establish talent exchange mechanism. Talents in the field of information industry at home
and abroad are encouraged and guided to establish businesses and work there, and special support is given in the annual receiving
and dispatching of cadres from and to higher positions.

Article 18

The bases and the parks are encouraged to establish various continuing education bases, so that scientific innovation and knowledge
renewal of enterprises and talents can be promoted in the bases and the parks. Personnel of various kinds in the bases and parks
are encouraged to receive training courses in other countries and preferential aid shall be given to the bases and parks in intelligence
introduction programmes.

Chapter 8 Daily Management

Article 19

The Ministry of Information Industry and the information industry authorities in charge in all provinces, autonomous regions and
municipalities shall bring the support for the development of the bases and the parks into their daily management of the industry
and enhance their classified guidance. The local governments shall assign special institutions for the management of the bases and
the parks.

Article 20

The statistical work shall be enhanced. The bases and the parks shall be incorporated into the scope of statistics, a relevant statistics
system shall be established in accordance with the Regulations on the Statistics of the Electronic Information Industry, and special
analysis shall be made in the annual statistics report on the major economic index of the bases and parks.

Article 21

Green paths shall be established in the departments under the Ministry of Information Industry to offer efficient service for the
enterprises and public institutions in the bases and the parks.

Article 22

Information exchange mechanism shall be established between the Ministry of Information Industry and the bases and the parks, under
which policy briefing, information releasing, regular communication and awards and commendation are conducted to improve interactive
development.

Chapter 9 Supplementary Provisions

Article 23

The information industry authorities in local governments shall, in accordance with these Policies, formulate specific implementation
measures.

Article 24

The Ministry of Information Industry shall be responsible for interpreting the Policies herein.

Article 25

These policies shall come into force as of the date of promulgation.



 
Ministry of Information Industry
2006-08-18

 







MEASURES FOR THE ADMINISTRATION ON SECURITIES INVESTMENT WITHIN THE TERRITORY OF CHINA BY QUALIFIED FOREIGN INSTITUTIONAL INVESTORS

Order of China Securities Regulatory Commission, the People’s Bank of China and the State Administration of Foreign Exchange

No. 36

The Measures for the Administration on Securities Investment within the Territory of China by Qualified Foreign Institutional Investors,
which has been deliberated and adopted at the 170th chairman’s executive meeting of China Securities Regulatory Commission, the 4th
president’s meeting of People’s Bank of China and the 5th director general’s executive meeting of the State Administration of Foreign
Exchange, are hereby promulgated, and shall come into force as of September 1st, 2006.
Shang Fulin, the President of China Securities Regulatory Commission

Zhou Xiaochuan, the President of the People’s Bank of China

Hu Xiaolian, the General Director of the State Administration of Foreign Exchange

August 24, 2006

Measures for the Administration on Securities Investment within the Territory of China by Qualified Foreign Institutional Investors
(2006)
Chapter I General Provisions

Article 1

With a view to regulating the investment acts of qualified foreign institutional investors in securities market within the territory
of China and promoting the development of securities market of China, the present Measures are formulated according to relevant laws
and administrative regulations.

Article 2

The term “qualified foreign institutional investors” (hereinafter referred to as QFII) as mentioned in the present Measures refers
to foreign fund management institutions, insurance companies, securities companies and other asset management institutions, which
invest in the securities market of China in accordance with the provisions of the present Measures upon the approval of China Securities
Regulatory Commission (hereinafter referred to as CSRC) and upon the granting of an investment quota by the State Administration
of Foreign Exchange (hereinafter referred to as SAFE).

Article 3

A QFII shall entrust a domestic commercial bank as its trustee to manage its assets, and entrust a domestic securities company to
undertake its domestic securities transaction activities.

Article 4

The QFII shall abide by the laws, regulations and other relevant provisions of China.

Article 5

The CSRC shall, according to law, regulate the domestic securities investment activities undertaken by a QFII; and the SAFE shall,
according to law, conduct foreign exchange administration on issues such as the investment quota and capital remitted inward and
outward as involved in the domestic securities investment activities conducted by a QFII.

Chapter II Qualification Conditions and Procedures for Examination and Approval

Article 6

An applicant for QFII shall meet the following conditions:

(1)

The applicant shall be in a sound financial and credit status, and shall meet the conditions as prescribed by the CSRC on asset scale
and other factors;

(2)

The employees of the applicant shall meet relevant professional requirements of the country or region where the applicant is located;

(3)

The applicant shall be equipped with sound governance structure and perfect inner control system, undertake business according to
the relevant regulations, and have never been subject to any substantial penalty by the supervisory organ of the country or region
where it is located;

(4)

The country or region where the applicant is located shall have a sound legal and regulatory system: and its securities supervisory
organ has signed the regulatory cooperation understanding memorandum with the CSRC and has maintained an efficient regulatory and
co-operative relationship; and

(5)

Other conditions as prescribed by the CSRC in light of the principle of prudent supervision.

Article 7

When applying for the QFII qualification and an investment quota, an applicant may file the required documents respectively with
the CSRC and the SAFE through its trustee.

Article 8

The CSRC shall, within 20 workdays as of the receipt of complete set of application documents, examine and verify the application
documents and decide whether or not to grant approval on the basis of the opinion of the SAFE. If it decides to approve the application,
the CSRC shall issue a securities investment license; if it decides to disapprove the application, the CSRC shall notify the applicant
in written form.

Article 9

The applicant shall, within 1 year as of the obtaining of a Securities Investment License, apply to the SAFE through the trustee
for the investment quota.

The SAFE shall, within 20 workdays as of the receipt of the complete set of application documents, examine and verify the application
documents and decide whether or not to grant approval on the basis of the opinion of the CSRC. If it decides to approve the application,
the SAFE shall give a written reply and issue a foreign exchange registration certificate; if it decides to disapprove the application,
the SAFE shall notify the applicant in written form.

Article 10

With a view to encouraging middle and long-term investments, preference shall be given to the pension fund, insurance fund, common
fund, charity fund and other long-term capital management institutions that meet the provisions of the present Measures.

Chapter III Custody, Registration and Settlement

Article 11

A trustee shall meet the following conditions:

(1)

having established a special asset custody department;

(2)

the paid-in capital shall not be less than RMB 8 billion;

(3)

being of adequate full-time staff that are familiar with the custody business;

(4)

being able to manage the assets of the QFIIs in a safe way;

(5)

being able to make settlement and delivery in a safe and highly efficient way;

(6)

having obtained the qualification of a designated foreign exchange bank and the qualification of engaging in the RMB business; and

(7)

being of no records seriously violating the regulations on foreign exchange management in the recent three years.

Domestic branches of foreign-funded commercial banks, which have undertaken business for three consecutive years within China, may
apply for the trustee qualification. And the amount of their paid-in capital shall be calculated on the basis of that of the oversea
headquarter.

Article 12

The qualification of a trustee must be examined and approved by the CSRC and the SAFE. The CSRC shall, within 30 workdays as of the
receipt of the full set of application documents, deliberate with the SAFE and decide whether or not to grant permit.

Article 13

A trustee shall fulfill the following duties:

(1)

safeguarding all the assets entrusted by QFIIs;

(2)

conducting such businesses as the settlement, sale, receipt and payment of foreign exchange and the settlement of RMB capital for
QFIIs;

(3)

supervising the investment activities conducted by QFIIs, and reporting to the CSRC and the SAFE immediately after finding any investment
instruction violating any of the laws or regulations;

(4)

reporting to the SAFE the inward and outward remittance of capital and the settlement and sale of foreign exchange of a QFII within
two workdays after the QFII remits inward/outward its principal or proceeds;

(5)

within 8 workdays as of the end of each month, reporting the revenues and expenditures of both the foreign exchange account and the
special RMB account, together with the asset arrangement of the QFII to the SAFE; reporting the investments and trades conducted
under securities account to the CSRC;

(6)

within 3 months as of the end of each accounting year, compiling an annual financial report on the domestic securities investment
activities by the QFII in the previous year, and submit it to the CSRC and the SAFE;

(7)

keeping the records and other related materials on the QFII’s inward and outward remittances, conversion, receipt, payment and capital
flow for at least 20 years;

(8)

making statistics reports on international balance of payments in light of the relevant provisions of the state on foreign exchange
administration; and

(9)

other duties as prescribed by the CSRC and the SAFE by following the principle of prudent supervision.

Article 14

The trustee shall strictly separate its own assets from those under its custody, and set up a different account for the assets under
its custody for separate management.

Article 15

Each QFII shall only entrust one trustee and may change the trustee.

Article 16

A QFII may apply with a securities registration and settlement institution for opening a securities account, which may be a real-name
account or a nominal-holder account.

The nominal holder shall, within 8 workdays as of the end of each season, report the name, registration place, asset arrangement and
securities investment status of the actual investor or funds, which are represented by it, to the CSRC and stock exchange.

Article 17

A QFII shall entrust a institution that has obtained the qualification of a clearing participant to securities depository and clearing
institution to conduct capital settlement. This institution shall, within 5 workdays as of the opening of a RMB settlement account,
report the opening to the SAFE for archiving.

Chapter IV Investment Operation

Article 18

A QFII may, in light of the approved investment quota, invest in financial instruments of RMB approved by the CSRC.

Article 19

A QFII may entrust a securities company or any other investment management institution established within China to manage its domestic
securities investments.

Article 20

A QFII shall, when making any domestic stock investment, abide by the limits on the proportion of shares-holding as provided for
by the CSRC and other relevant provisions of the state.

Article 21

A QFII shall, when performing its obligation of information disclosure, make incorporate calculation on domestic and oversea listed
stocks of the same listed company, and shall observe the relevant laws and regulations on information disclosure.

Article 22

Securities companies and other relevant institutions shall preserve the entrustment records, transaction records and other materials
of QFII for at least 20 years.

Article 23

A QFII shall, when undertaking domestic securities investment activities, accord with relevant provisions as provided by the stock
exchanges or securities depository and clearing institutions.

Chapter V Fund Management

Article 24

A QFII shall, upon the approval of the SAFE, open a foreign exchange account and a special RMB account at the place of the trustee.

Article 25

The revenue and expenditure scopes of the foreign exchange account and the special RMB account of a QFII shall be in line with the
relevant provisions as prescribed by the SAFE.

Article 26

A QFII shall remit the principal into China within the time limit as prescribed by the SAFE. The currency of the principal from the
QFII shall be an exchangeable currency as approved by the SAFE, and the amount of the principal shall not exceed the approved quota.

A QFII, which fails to remit principal into China within the time limit as prescribed by the SAFE, shall make a written explanation
to the CSRC and the SAFE, and the actual amount remitted shall be deemed as the approved quota. The balance between the approved
quota and the amount that has been actually remitted inward shall not be remitted inward before being approved by the SAFE.

Article 27

A QFII may apply to the SAFE for remitting capital outward as of the day of expiration of the time limit as prescribed by the SAFE,
unless it is otherwise prescribed by the SAFE.

Article 28

The SAFE may, in light of the economic and financial status of China, the supply and demand situation of foreign exchange market
and the international balance of payments, adjust the time, amount and time limit of the remittance of principal by a QFII in accordance
with the arrangement of the People’s Bank of China.

Chapter VI Supervision and Administration

Article 29

The CSRC and the SAFE may, according to law, require QFIIs, trustees, securities companies and other institutions to provide relevant
information on the QFIIs, and make necessary inquiries and examinations.

Article 30

Where, under any of the following circumstances, a QFII shall, within 5 workdays as of the occurrence, report to the CSRC and the
SAFE for record:

(1)

the alteration of trustees;

(2)

the alteration of legal representatives;

(3)

the alteration of the controlling shareholders;

(4)

adjustment of the registered capital;

(5)

being involved in any important litigations and other grave events;

(6)

being imposed upon a great penalty overseas; or

(7)

other circumstances as specified by the CSRC and the SAFE.

Article 31

Where, under any of the following circumstances, a QFII shall re-apply for a Securities Investment License:

(1)

the alteration of business name;

(2)

being acquired by or merged with other institution(s); or

(3)

other circumstances as specified by the CSRC and the SAFE.

During the period of re-applying for a Securities Investment License, a QFII may continue its securities transaction, except that
it shall be suspended by the CSRC according to the principle of prudent supervision.

Article 32

Where, under any of the following circumstances, a QFII shall surrender its securities investment license and foreign exchange certificate
respectively to the CSRC and the SAFE.

(1)

where the applicant has not applied to the SAFE for an investment quota within 1 year after obtaining a securities investment license;

(2)

where the institution is dismissed, has entered the bankruptcy procedure or has been taken over by the administrator;

(3)

where the QFII intends to re-apply for a license;

(4)

where the QFII has committed any serious illegal act, and other circumstances as determined by the CSRC and the SAFE.

Article 33

Where there exists any serious violation of laws or regulations with respect to the securities accounts managed by a QFII, the CSRC
shall restrict its transaction under relevant securities accounts or take other measures according to law; the SAFE may restrict
its remittance of capital or take other measures according to law.

Article 34

Where a trustee has seriously violated any law or regulation, the CSRC and the SAFE shall jointly make a decision to cancel its qualification
as a trustee.

Article 35

Where a QFII, trustee, or securities company violates the present Measures, the CSRC and the SAFE shall impose corresponding administrative
penalties upon it according to law.

Chapter VII Supplementary Regulations

Article 36

The present Measures shall be also applicable to that the institutional investors from Hong Kong Special Administrative Region, Macao
Special Administrative Region and Taiwan Region conduct securities investment business within the Mainland of China.

Article 37

The present Measures shall come into force as of September 1st, 2006, and the Interim Measures for the Administration on Domestic
Securities Investments by Qualified Foreign Institutional Investors as jointly issued by the CSRC and the People’s Bank of China
on November 5, 2002 shall be abolished simultaneously.



 
China Securities Regulatory Commission, People’s Bank of China, State Administration of Foreign Exchange
2006-08-24

 







MEASURES OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF THE ORIGIN OF IMPORTED GOODS UNDER THE AGREEMENT ON THE FREE TRADE AREA BETWEEN PEOPLE’S REPUBLIC OF CHINA AND REPUBLIC OF CHILE






Decree of the General Administration of Customs of the Peoples Republic of China

No. 151

The Measures of the Customs of the People’s Republic of China for the Administration of the Origin of Imported Goods under the Agreement
on the Free Trade Area between People’s Republic of China and Republic of Chile has been deliberated and adopted at the executive
meeting of the General Administration of Customs on May 30, 2006. It is hereby promulgated and shall enter into force as of Oct.
1, 2006.
Mou Xinsheng, Director-General of the General Administration of Customs

Aug. 30, 2006

Measures of the Customs of the People’s Republic of China for the Administration of the Origin of Imported Goods under the Agreement
on the Free Trade Area between People’s Republic of China and Republic of Chile

Article 1

The present Measures is formulated for the purpose of correctly confirming the place of origin of the imported goods under the Free
Trade Agreement by and between the Governments of People’s Republic of China and Republic of Chile (hereinafter referred to as China-Chile
FTA), and promoting the trade between China and Chile, and in accordance with the Customs Law of the People’s Republic of China,
the Regulation of the People’s Republic of China on the Place of Origin of Import and Export Goods, rules of the place of origin
under China-Chile FTA , as well as other relevant laws and regulations.

Article 2

The present Measures shall be applied to the goods imported from Chile under China-Chile FTA, however, the goods imported by way
of processing trade and sold domestically shall be excluded.

Article 3

If the import goods directly transported from Chile comform to one of the following circumstances, the orgin shall be regarded as
Chile, and China-Chile FTA tariff under Customs Tariff of Import and Export of the People’s Republic of China (hereinafter referred
to as Customs Tariff) shall be applicable:

(1)

products fully obtained or produced in Chile;

(2)

products produced in Chile or within territory of China and Chile all by using original materials consistent with the present Measures;
or

(3)

Products produced in Chile or within territory of China and Chile by non-original materials, and are consistent with the special criteria
of the place of origin of the product stipulated in Article 6 of the present Measures, or are consistent with Regional Value Content
in Article 7 of the present Measures.

Article 4

“Direct Transportation” in Article 3 of the present Measures refers to the import goods under China-Chile FTA directly transported
from Chile into China’s territory, without passing through other countries or regions besides China and Chile (hereinafter referred
to as “other countries and regions”).

Import goods of Chile origin that pass through other countries and regions into China’s territory, and are consistent with the followings
at the same time shall be deemed as “Direct Transportation”:

(1)

by the geographical reason or the requirement of transportation;

(2)

when such goods pass through other countries or regions, the goods have not been other processing operated except for loading, unloading
or keeping the goods in good condition or transportation requirement; and

(3)

without trading or consuming in such countries or regions.

No matter whether to change the transportation tools of such goods, the time for staying in other countries or regions passed through
shall be no longer than 3 months.

Article 5

The “products fully obtained or produced in Chile” as mentioned in Item (1) of Article 3 of the present Measures refers to:

(1)

mineral products exploited from the territory or seabed of Chile;

(2)

plants and their products harvested in Chile;

(3)

live animals borne and bred in Chile;

(4)

products obtained from live animals bred in Chile;

(5)

products obtained from hunting, trapping in Chile, or fishing in its inner waters;

(6)

fishing or other products obtained from territorial waters or exclusive economic zone of Chile, and by the ships hanging the flag
of Chile only from waters in exclusive economic zone of Chile;

(7)

fish and other products obtained by the ships hanging the flag of Chile outside the waters of the exclusive economic zone of Chile;

(8)

products obtained from processing of the products only in Items (6) and (7) on the processing ships hanging the flag of that country;

(9)

waste materials collected in Chile that are only fit for recovery of raw materials;

(10)

discarded or waste materials produced from processing and only fit for recovery of raw materials;

(11)

products extracted from the seabed or seabed subsoil, outside the territorial waters of Chile, where Chile has exclusive developing
right; and

(12)

products obtained from processing of the products above listed in Item (1) through (11).

Article 6

Where goods listed in Annex I of the present Measures and imported from Chile are consistent with the criterion of “change of chapter”,
“change of 4-digit tax code”, and “Regional Value Content more than 50% “, the origin of goods is Chile.

The criterion of “change of chapter” refers to that the non-original materials used to produce or process goods in Chile are not those
listed in the same chapter of such goods but in any other chapters of the Customs Tariff.

The criterion of “change of 4 digit tax code” refers to that the non-original materials used to produce or process goods in Chile
are not those listed with the same 4-digit tax code of such goods but with any other tax codes of the Customs Tariff.

The criterion of “Regional Value Content more than 50% ” refers to that goods produced or processed in Chile are not only consistent
with the present Measures but the Regional Value Content calculated according to Article 8 is more than 50%.

Article 7

Regional Value Content of goods shall not be less than 40% except for those applying Article 5 and 6 of the present Measures.

Article 8

“Regional Value Content” shall be calculated according to the following way:

RVC = (Price of the Goods ￿C Price of the Non-Original Materials) / Price of the Goods x 100%

“Price of the Goods” refers to price free on board of such goods. Whatever means of transportation, such price is the one at the final
port of shipment or location.

“Price of Non-Original Materials” refers to the price of non-original materials the producer uses, including the import cost, insurance
and carriage of shipping to the port or location of destination, but not the value of non-original materials used to produce original
materials during the production. If the non-original materials are obtained by producer of the goods in the territory of Chile, the
carriage, insurance, packing expenses and any other expenses incurred during the transportation of such materials from the supplier’s
storage to producer’s plant are excluded.

The calculation of the RVC in the present Article shall be consistent with the general acknowledged accounting rules and the Customs
Tariff.

Article 9

Goods or materials with China-origin used to produce other goods in the territory of Chile, and composing part of other goods, shall
be deemed as Chile-origin.

Article 10

The following slight process or treatment shall not interfere the determination of the origins of goods:

(1)

process or treatment handled to preserve goods during transportation or storage;

(2)

removing and enwrapping the packing;

(3)

washing, cleaning, dust-cleaning, and wiping off oxide, oil, paint and other coats;

(4)

ironing or planishing the textile;

(5)

simple lacquering and burnishing;

(6)

removing chaff for corn and rice, and partly or fully blanching, polishing and glazing;

(7)

coloring sugar or making sugar process or treatment;

(8)

peeling, removing seed and shell of fruits, nuts and vegetables;

(9)

nibbing, simple rubbing or incision;

(10)

filtration, selection, classification, matching, including combining the whole set of goods;

(11)

simple bottling, canning, bagging, encasement, fixing to the cardboard or board, and any other simple packing process or treatment;

(12)

affixing or printing symbol, label, logo and other similar identified sign;

(13)

simple mixture of products, no matter whether they are in different kinds;

(14)

simple assembling from parts to a whole article, or simple dismantling products to parts;

(15)

process or treatment only for the convenience of shipping and unload at port;

(16)

the combination of two or more processes or treatments from Item (1) through (15); or

(17)

animal butchering.

Article 11

Where the “change of chapter” and “change of 4 digit tax code” are used to determine the origin of goods, although part of non-original
materials used in the production do not meet such criterions, if the value affirmed according to Article 8 of the present Measures
is less than 8% of value of such goods, the origin of such goods shall still be deemed as Chile.

Article 12

Where all the goods in the whole set of goods provisioned in General Rule III of the Customs Tariff are Chile origin, such whole
set is Chile origin. Where part of goods are non-Chile origin, but their value determined according to Article 8 of the present
Measures is less than 15% of value of such whole set, such whole set of goods shall still be deemed as originated from Chile.

Article 13

When determining the origin of goods, where the accessories, spare parts, or tools declared import together with such goods are consistent
with both the followings, they do not interfere the determination of origin of goods:

(1)

the accessories, spare parts, or tools are classified together with the goods in the Customs of Tariff, and their invoices is not
issued separately; and

(2)

the accessories, spare parts, or tools are all within the normal amount and value.

Article 14

When determining the origin of goods listed in Annex 1 of the present Measures that the “change of chapter” and “change of 4 digit
tax code” are applicable, where the retail-used packing materials and containers and the goods packed are classified together, their
origins do not interfere the determination of the origin of goods.

When the origin of RVC -applied goods is to be defined, the value of their retail-used packing materials and containers shall be calculated.

The origins of packing materials and containers used to protect the goods during the transportation do not interfere the determination
of the origin of goods.

Article 15

When determining the origin of the goods, the following materials used in the goods production but themselves do not compose the
substance components or parts of goods, and their origins shall not interfere the determination of origin of goods:

(1)

fuel, energy sources, activator and impregnant;

(2)

facility, equipment and article for goods test or inspection;

(3)

gloves, glasses, shoes, clothes, safety equipment and article;

(4)

tool, pattern and mold;

(5)

spare parts and materials for equipment maintenance and workshop construction;

(6)

lubricant, grease, chemical combination materials and other materials used in production or operation of equipment, and workshop construction;
and

(7)

any other materials used in goods production that do not compose the component of such goods but reasonably show its participation
in producing such goods.

Article 16

Where goods of Chile origin are sold to China after exhibition in other countries or regions, and are satisfied with all the following
conditions, the China-Chile FTA tariff in Customs Tariff may be applied when import.

(1)

such goods have been sent to China during the exhibition or are to be sent after the exhibition in the same state as sending to the
exhibition;

(2)

such goods are used for no other purposes except for display in the exhibition after sending to the exhibition; and

(3)

such goods are under supervision of the customs in the country or region where the exhibition is held during the exhibition.

The sales exhibition with a purpose of selling exotic products in stores or business sites is exclusive from the exhibition provisioned
in the present Article.

Article 17

At the goods import declaration, consignee of the import goods shall positively submit the original copy of the Certificate of Origin
(Format to be seen in Annex II) issued by the General Department of International Economic Relation, the Ministry of Foreign Affairs
of Chile, fill out the Customs Declaration of Import Goods of the People’s Republic of China (hereinafter referred to as Customs
Declaration) according to the Customs’ declaration provisions, and declare to apply China-Chile FTA tariff.

The Certificate of Chile Origin consignee of the import goods submitted to the customs must be consistent to the format listed in
Annex II of the present Measures. The language used shall be English, and the “ORIFINAL” seal shall be covered.

The one or several items of goods listed in the Certificate of Origin shall be goods of Chile origin imported to China as the same
batch. One Certificate of Origin shall only correspond to one Customs Declaration.

Article 18

When consignee of the import goods declares to apply China-Chile FTA tariff, the following documents shall be submitted to the customs:

(1)

the Certificate of Origin issued before goods export or within 30 days after export;

(2)

bill of lading issued in the territory of Chile; and

(3)

the original commercial invoice of the import goods.

Where the original commercial invoice of the import goods issued by other countries or regions, the Certificate of Origin of such
goods shall give clear indication of the name and address of Chile producer in “Remark” column. The consignee in such Certificate
of Origin shall be the one in the territory of China.

Where goods are transported through other countries or regions into the territory of China, the consignee of the import goods shall
also submit witness documents issued by the customs in such countries or regions as the customs required. Where goods are transported
through Hong Kong or Macao into the inner ports, the consignee shall submit to the customs the Certificate of Origin marked with
“No Additional Process Evidence” by China Inspection Company Limited, H.K. or China Inspection Company Limited, Macao.

Where the goods declared are for exhibition, the consignee of the import goods shall give clear indication of the name and location
of the exhibition in the Certificate of Origin submitted, and at the same time submit to the customs relevant witness documents related
to the exhibition.

Article 19

Certificate of Origin is valid in one year from the day when it is issued. The consignee of imported goods shall submit to the Customs
the valid Certificate of Origin.

Article 20

When the goods declare import, the consignee of the import goods declare to apply China-Chile FTA tariff, but cannot provide the
Certificate of Origin and relevant documents provisioned in the present Measures, or the Certificate of Origin and relevant documents
provided are not consistent with the present Measures, the customs shall discharge the goods after collecting the deposit according
to the relevant provision, handle the import procedures and customs statistics.

Replying to the consignee’s application, the customs may return the deposit during the deposit collection term according to the following
materials the consignee provided:

(1)

the Customs Declaration declares Chile origin;

(2)

the Certificate of Origin consistent with Article 17 in the present Measures; and

(3)

other documents relevant to the goods import required by the customs.

Within the deposit collection term, if the consignee of the import goods cannot provide the above materials, the customs shall immediately
handle the procedure turning the deposit to import tariff.

Where the consignee of the import goods does not declare to apply China-Chile FTA tariff at goods import declaration, the customs
may not apply such FTA tariff for imposing tax.

Article 21

Where the origin of goods is from Chile, and with a price less than USD 600, the goods shall be exempted from submitting the Certificate
of Origin.

Where the goods are imported once or several times executed or arranged to evade Article 17 of the present Measures, the preceding
paragraph shall not be applicable.

Article 22

Where the Customs have doubt on the authenticity of the Certificate of Chile Origin and whether the relevant goods are originally
from Chile, the Customs may require Chile’s relevant authority to check the place of origin.

In the check, the customs may collect deposit equivalent to the tariff according to other tariff rate the goods applied, then discharge
the goods, and handle the import procedure and the customs statistics according to relevant provisions. After the check, the customs
shall immediately return the deposit or turn the deposit to import tariff.

Within 6 months from the day on which the check is required, if the customs do not receive the check result from relevant authority
in Chile, or the check result does not include information enough to determine the authenticity of the Certificate of Origin or the
true origin of goods, the relevant goods do not apply the Preferential Tariff Treatment, and the customs shall immediately handle
the procedure to turn the deposit to the import tariff. The customs statistics shall be amended correspondingly.

Where the import goods are restricted to import by the State, or are suspicious of violating the law, the customs shall not discharge
the goods before finishing checking the Certificate of Origin.

Article 23

The customs shall keep confidential the trade secret obtained according to the present Measures. Without the agreement of the consignee,
the customs may not reveal or use for other purposes, except for the provisions of laws, administrative regulations, and the relevant
judicatory interpretation.

Article 24

Any action in violation of the present Measures, constituting smuggle or violation of the Customs supervision provision, shall be
dealt with by the Customs in accordance with the Customs Law of the People’s Republic of China and Customs Law of the People’s Republic
of China and the Regulation of the People’s Republic of China on the Implementation of Customs Administrative Punishment; and if
a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 25

For the purpose of the present Measures:

“Customs Evaluation Agreement” refers to the Agreement on Performing Article 7 of 1994 Tariff and Trade General Convention as part
of the Malakas Agreement on World Trade Organization.

“Material” refers to the accessory, components, ingredient, semi-assembled stuff, etc. that actually is the components of another
goods, or has been used in producing another goods.

“Non-original Material” refers to the material or goods that cannot be certain of China or Chile origin according to the present Measures.

“Production” refers to the way to obtain goods, including planting, breeding, exploitation, harvesting, catching, trapping, hunting,
manufacture, processing, or assemblage, etc.

Article 26

The power to interpret the present Measures shall remain with the General Administration of Customs.

Article 27

The present Measures shall enter into force as of Oct. 1, 2006.

Annexes:

I￿￿Product-Specific Rules

II￿￿Certificate Of Origin Form




Annex I

￿￿

Annex I

Goods
Special Origin Criteria

￿￿

1. ￿￿Change of chapter￿￿
applies to:

Customs Tariff, Chapter 1-16,
22.

2. ￿￿Change of
4 digit tax code￿￿ applies to:

Customs Tariff, Chapter 17-19

3. ￿￿RVC is no less than 50%￿￿
applies to:

The following Chapters in
Customs Tariff, and 4-digit or 6-digit tax code






Chapter
20

29.16

39.09

Chapter
44

70.08

84.31

Chapter
21

29.17

39.10

Chapter
48

70.09

84.50

Chapter
23

29.18

39.11

Chapter
49

70.10

84.51

Chapter 24

29.21

39.12

Chapter 51

70.11

84.74

Chapter 25

29.30

39.13

52.04

70.13

84.81

Chapter 26

29.33

39.14

52.05

72.08

85.09

28.01

29.36

39.15

52.06

72.09

85.16

28.04

29.37

39.16

52.07

72.10

85.44

28.06

29.41

39.17

52.08

72.13

87.02

28.08

29.42

3920.10

52.09

72.14

87.04

28.09

30.02

3920.20

52.10

72.16

87.07

28.10

30.03

3920.43

52.11

72.17

87.08

28.11

30.04

3920.59

52.1

ANNOUNCEMENT NO.73, 2006 OF MINISTRY OF COMMERCE ON AUCTION OF STATE SUGAR RESERVE OF SEPTEMBER

Announcement No.73, 2006 of Ministry of Commerce on Auction of State Sugar Reserve of September

[2006] No.73

For purposes of guaranteeing market supply and safeguarding the smooth operation of sugar market, related departments of the State
Council decides to release 286,000 ton of national sugar reserve at two auctions in September. The first auction on Sep 12 covers
147,000 ton of state sugar reserve, including the state sugar reserve that was supposed to be released on Sep and the 10th and 11th
ship of imported sugar from Cuba. The second auction on Sep 19 covers 139,000 ton of state sugar reserve, including the state sugar
reserve that was suspended on Aug 15 and the 12th and 13th ship of imported sugar from Cuba. Please refer to website of Ministry
of Commerce ￿￿http￿￿//scyxs.mofcom.gov.cn/￿￿for details of the auction.

Ministry of Commerce

Sep 7, 2006

 
Ministry of Commerce
2006-09-07

 




CIRCULAR OF THE MINISTRY OF FINANCE, THE NATIONAL DEVELOPMENT AND REFORM COMMISSION, THE MINISTRY OF COMMERCE, THE GENERAL ADMINISTRATION OF CUSTOMS AND THE STATE ADMINISTRATION OF TAXATION ON ADJUSTING THE EXPORT REBATE RATE FOR SOME COMMODITIES AND SUPPLEMENTING THE PROHIBITIVE CATALOG FOR PROCESSING TRADE

Circular of the Ministry of Finance, the National Development and Reform Commission, the Ministry of Commerce, the General Administration
of Customs and the State Administration of Taxation on Adjusting the Export Rebate Rate for Some Commodities and Supplementing the
Prohibitive Catalog for Processing Trade

Cai Shui [2006] No. 139

Finance Departments (Bureaus) in all provinces, autonomous regions, municipalities directly under the Central Government and cities
specially designated in the State plan, commerce authorities in charge in the State Administration of Taxation and the National Development
and Reform Commission, Guangdong Branch Office, Tianjin and Shanghai Agencies of the General Administration of Customs, all customs
authorities directly under the General Administration of Customs, Finance Bureau and Development and Reform Commission in Xinjiang
Production and Construction Corps:

With the approval from the State Council, the export rebate rate for some commodities shall be adjusted and the prohibitive catalog
for processing trade shall be supplemented. And a circular is hereby given on relevant issues as follows:

Article 1

Adjusting the export rebate rate for some commodities

(1)

The export rebate for these commodities as follows shall be abolished:

(a)

All nonmetal minerals except salt and cement in Chapter 25 of Tax Regulations for Import and Export; coal, natural gas, paraffin,
asphalt, silicon, arsenic, rock materials, nonferrous metals and waste materials, etc;

(b)

Ceramic metal, 25 kinds of pesticides and their mesosomes, some ready-made leathers, lead-acid storage battery, mercury oxide battery,
etc.;

(c)

Fine goat hair, charcoal, railway sleeper, corkwood products, some preliminary ready-made wood products, etc.

Resort to Annex 1 for the exact commodities and their duty paragraph.

(2)

The export rebate rate for these commodities as follows shall be lowered:

(a)

The export rebate rate for rolled steels (142 duty paragraphs) shall be lowered to 8% from 11%;

(b)

The export rebate rate for ceramics, some ready-made leathers and cement and glass shall be respectively lowered to 8% and 11% from
13%;

(c)

The export rebate rate for some nonferrous metal materials shall respectively be lowered to 5%, 8% and 11% from 13%;

(d)

The export rebate rate for textile products, furniture, plastics, cigarette lighters, and some wood products shall be lowered to
11% from 13%;

(e)

The export rebate rate for non-mechanical-driven vehicles (barrows) and their components and parts shall be lowered to 13% from 17%.

Resort to Annex 2 for the exact commodities and their duty paragraphs.

(3)

The export rebate rate for some commodities shall be raised:

(a)

The export rebate rate for important technological equipments, some IT products and bio-medical products and some high-tech products
whose export are encouraged by the State industrial policy shall be raised to 17% from 13%;

(b)

The export rebate rate for some processed products using agricultural products as raw materials shall be raised to 13% from 5% or
11%.

Resort to Annex 3 for the exact commodities and their duty paragraphs.

(4)

Implementation Time

(a)

These aforesaid adjustments of export rebate rates shall come into force as of September 15, 2006 (based on the enter-out date).

(b)

With regard to the export contracts concluded before September 14, 2006 (including September 14, 2006), and the goods subject to
these aforesaid adjustments of export rebate rates which enter out before December 14, 2006 (including December 14, 2006), an export
enterprise may continue to go through the formalities of export rebate in accordance with the pre-adjustment export rebate rates.
However, an export enterprise shall, before September 30, 2006, go through the formalities of registration and record at the taxation
authorities in charge of export rebate, and if failing to do to so and entering out after December 15, 2006, the adjusted export
rebate rate shall be uniformly carried out.

The aforesaid export contract refers to an authentic and effective export contract in written form with a clear conclusion date, name
of commodity, unit price, quantity and amount etc. and with the signatures or seals of the representatives from both an export enterprise
and foreign businessmen, and in line with the provisions in the Contract Law and relevant laws and regulations, and a contract failing
to be in line with the prescriptions shall uniformly not be allowed to undergo the formalities of record, and an export contract,
once undergoing such formalities of record, shall uniformly bear no alteration. And the exact measures for administration of record
of an export contract shall be issued separately by the State Administration of Taxation.

Once an export enterprise is detected to seek illegal interests by altering, counterfeiting and signing inversely the date and other
means, the taxation authorities shall not handle the formalities of export rebate for it, and the rebated or excessively rebated
funds shall be recovered, and a fine shall be given in accordance with the provisions in relevant laws and regulations.

(c)

An long-term trade contract of coal export with an unchangeable price concluded before September 14, 2006 (including September 14,
2006) shall undergo the formalities of registration and record at the taxation authorities in charge of export rebate before September
30, 2006, and only after such formalities are undergone, may the contract hereof be fulfilled based on the pre-readjustment export
rebate rate.

With regard to the aforesaid enter-out date, the export date clearly indicated in the Declaration Bill for Export Goods (exclusively
used for export rebate) by the customs authorities shall apply.

Article 2

Supplementing the prohibitive catalog for processing trade

The commodities whose export rebates are abolished before and this time shall be enlisted in the prohibitive catalog for processing
trade. An import duty and import linkage tax shall be uniformly imposed on the commodities enlisted in the prohibitive catalog for
processing trade. The exact names and duty paragraphs of the commodities enlisted in the prohibitive catalog for processing trade
shall be separately issued by the Ministry of Commerce together with relevant authorities. This prescription shall come into force
as of September 15, 2006. And a processing trade business which is approved by the commerce authorities in charge and has undergone
the formalities of record at the customs authorities shall be allowed to be fulfilled within its period of validity in accordance
with the former import bonded policy, and if the re-export fails to be completed, no postponement shall be given, and it shall be
subject to the provisions on domestic sale of processing trade, and another announcement shall separately be issued by the Ministry
of Commerce together with the General Administration of Customs in accordance with the aforesaid spirit.

These aforesaid prescriptions shall also be applicable in export processing zones, bonded zones and other zones specially-supervised
by customs authorities.

This Circular is hereby given.

Ministry of Finance

National Development and Reform Commission

Ministry of Commerce

General Administration of Customs

State Administration of Taxation

September 14, 2006

 
Ministry of Finance, National Development and Reform Commission, Ministry of Commerce, General Administration of Customs,
State Administration of Taxation
2006-09-14

 




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...