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ANNOUNCEMENT NO.705 OF THE MINISTRY OF AGRICULTURE, THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE OF THE PEOPLE’S REPUBLIC OF CHINA

Announcement No.705 of the Ministry of Agriculture, the General Administration of Quality Supervision, Inspection and Quarantine of
the People’s Republic of China

[2006]NO.705

Ministry of Agricultural and Pastoral Food of Brazil identified Newcastle virus on a farm in Amazonas State on June 21. For purposes
of preventing the virus spreading into China and safeguarding security of domestic stockbreeding industry, related issues are now
announced in accordance with related laws and regulations like Law of the People’s Republic of China on the Entry and Exit Animal
and Plant Quarantine:

1.

Banning direct and indirect import of poultry and poultry products from Amazonas, Brazil, suspending issue of License of Imported
Animal and Plant Quarantine for Imported poultry and poultry products from Amazonas, Brazil, and canceling all the issued License
of Imported Animal and Plant Quarantine for imported poultry and poultry products from Amazonas, Brazil.

2.

Imported poultry and poultry products from Amazonas State of Brazil shipped after Jun 1 should be sent back or destroyed; imported
poultry and poultry products from Amazonas State of Brazil shipped before Jun 1 shall make declaration if tested negative in Newcastle
virus inspection.

3.

If poultry products from Brazil are found in parcels or luggage of passengers, the products should be sent back or destroyed.

4.

If ships, aircraft or trains traveling internationally were found with poultry products from Brazil while passing through or arriving
in China, the products should be sealed; the self-raised poultry for own use must stay in cages and related staff shall carry out
innocent treatment on waste and swill of the poultry under the supervision of quality and quarantine departments.

5.

Poultry products imported illegally from Brazil and intercepted by the departments such as Customs and frontier defense should be
destroyed under the supervision of quality and quarantine departments.

6.

Those go against above regulations will be punished by the supervision of quality and quarantine departments in accordance with Law
of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine.

7.

Departments of entry and exit supervision, inspection and quarantine and departments of animal epidemic prevention supervision at
all levels shall make concerted efforts to carry out work of inspection and quarantine in accordance with Law of the People’s Republic
of China on the Entry and Exit Animal and Plant Quarantine and Law of the People’s Republic of China on Animal Epidemic Prevention.

This announcement takes effect as from release.

Ministry of Agriculture

General Administration of Quality Supervision, Inspection and Quarantine

Aug 23, 2006



 
The Ministry of Agriculture, the General Administration of Quality Supervision, Inspection and Quarantine of the People’s
Republic of China
2006-08-23

 






ANNOUNCEMENT NO.49, 2006 OF THE GENERAL ADMINISTRATIVE CUSTOMS ON ISSUES CONCERNING THE NEGOTIATED TARIFF LEVEL AND SPECIALLY-FAVORED TARIFF LEVEL FOR THE IMPORTED GOODS UNDER THE ASIAN-PACIFIC TRADE AGREEMENT






Announcement No.49, 2006 of the General Administrative Customs on Issues Concerning the Negotiated Tariff Level and Specially-favored
Tariff Level for the Imported Goods under the Asian-Pacific Trade Agreement

No.49

Upon approval by the State Council, the negotiated tariff level and specially-favored tariff level of correlative products agreed
in the third round negotiation of Asian-Pacific Trade Agreement on tariff decrease shall be implemented as of September 1, 2006.
The relevant issues are hereby announced as follows:

Article 1

As from September 1, 2006, negotiated tariff level shall be levied on the imported goods under 1717 tax codes which are originated
from Korea, India, Sri Lanka, Bengal and Laos (see Appendix 1). The former Asian-Pacific Trade Negotiated Tax Items and Tariff Level
List declared by the General Administrative of Customs (No. 64 [2005]), namely the Asian-Pacific trade negotiated tariff level prescribed
in The Provisions on The Importing and Exporting Tariff of the People’s Republic of China [2006] shall be invalidated simultaneously.

Article 2

As from September 1, 2006, specially-favored tariff level shall be levied on the imported goods under 162 tax codes which are originated
from Laos and Bengal (see Appendix 2).

Among the commodities listed in the Specially-favored import Tariff Level List for Cambodia, Burma, Laos and Bengal declared by the
General Administrative of Customs (No. 64 [2005] ) namely the Appendix 3 of The Provisions on The Importing and Exporting Tariff
of the People’s Republic of China [2006], if the specially-favored tariff level of Laos is levied on them and they are not listed
in the Appendix 2 of the present announcement, they are the commodities for which specially-favored tariff level is given by China
to Laos under the frame of Sino Eastern Alliance Free Trade Zone, its specially-favored tariff level shall be executed continuously.
The specially-favored tariff level for Bengal in the aforesaid List shall be invalidated simultaneously.

Article 3

As from September 1, 2006, importers, when declaring for importing goods that are originated from the aforementioned countries and
under the negotiated or specially-favored tariff level listed in the appendix of the present announcement, shall make-and-fill the
customs declaration on importing goods in accordance with the provisions in the Announcement of the General Administrative of Customs
[No.69 (2005) ], while the Customs Department shall audit and confirm the origin of the declared goods in accordance with the regulations
of origin as prescribed in the Announcement of the General Administrative of Customs ( No. 94 [2001] ).

Appendix 1 Asian-Pacific Trade Negotiated Tax Items and Tariff Level List

Appendix 2 Asian-Pacific Trade Negotiated and Specially-favored Tax Items and Tariff Level List for Laos and Bengal

the General Administration of Customs

August 29, 2006



Annex 2

￿￿

Annex 2 

Asian-Pacific Trade Negotiated Specially-favored Tax Items and Tariff Level List

￿￿

(Laos & Bengal)






No.

HS coder

Description

Most-favored Tariff Level

Specially-favored Tariff Level

1

03037910

Frozen scabber fish (trichurius) 

10.0

0

2

03037920

Frozen yellow croaker

10.0

0

3

03037930

Frozen butterfish

10.0

0

4

03037940

Frozen tilapia

10.0

0

5

03037950

Frozen swordfish

10.0

0

6

03037990

Frozen fish, nes

10.0

0

7

03049000

Fish meat (excl. fillets)

10.0

0

8

03053000

Fish fillets, dried, salted or in brine, but not smoked

10.0

0

9

03054900

Other smoked fish and fish fillet

14.0

0

10

03055910

Dried pipefish and hippocampi, not smoked

2.0

0

11

03055920

Dried shark￿￿s fins, not smoked

15.0

0

12

03055990

Other dried fish, not smoked

16.0

0

13

03056910

Scabber fish, salted or in brine, but not dried or smoked

16.0

0

14

03056920

Yellow croaker, salted or in brine, but not dried or smoked

16.0

0

15

03056930

Butterfish, salted or in brine, but not dried or smoked

16.0

0

16

03056940

Tilapia, salted or in brine, but not dried or smoked

16.0

0

17

03056990

Other fish, salted or in brine, but not dried or smoked

16.0

0

18

03061410

Frozen fresh-water swimming crabs

10.0

0

19

03061490

Other frozen crabs

10.0

0

20

19053100

Sweet Biscuit

15.0

7.5

21

19053200

Waffle & Eucharist Bread

15.0

7.5

22

19059000

Other Bread, Cakes, Biscuits and Baked Confectionery

20.0

10

23

20019010

Garlic marinated in Vinegar

25.0

12.5

24

20019090

Other fruit, vegetables and eatable plants marinated in vinegar

25.0

12.5

25

20079910

Other cooked and boiled jam and jelly cans

5.0

2.5

26

20079990

Other cooked and boiled jam and jelly

5.0

2.5

27

20093110

￿￿span lang="EN-US">Royal fizz with white sugar less than 20%

18.0

69

28

20093190

Other unmixed citrous juice with white sugar less than 20%

18.0

9

29

20093910

Royal fizz￿￿ with white sugar more than 20%

18.0

9

30

20093990

Other unmixed citrous juice, with white sugar less than 20%

18.0

9

31

20095000

Tomato juice

THE INTERIM MEASURES OF THE MINISTRY OF COMMERCE CONCERNING COMPLAINTS FROM FOREIGN-INVESTED ENTERPRISES

Decree of the Ministry of Commerce of the People’s Republic of China

No.2

The Interim Measures of the Ministry of Commerce concerning Complaints from Foreign-invested Enterprises approved after examination
at the 5th ministerial conference of the Ministry of Commerce on May 17, 2006 is hereby promulgated and shall come into effect as
of October 1, 2006.
Minister of the Ministry of Commerce Bo Xilai

September 1, 2006

The Interim Measures of the Ministry of Commerce concerning Complaints from Foreign-invested Enterprises

Article 1

In order to accept complaints from foreign-invested enterprises promptly and effectively, to safeguard the legitimate rights and
interests of the foreign-invested enterprises as well as the investors, to promote the sound development of foreign-invested enterprises,
and to further ameliorate the foreign investment environment, the Interim Measures of the Ministry of Commerce concerning Complaints
from Foreign-invested Enterprises is hereby formulated in accordance with relevant laws and the actual situation of foreign investment
complaint in China.

Article 2

For the purpose of these Measures, “complaints from foreign-invested enterprises” refers to the act that the foreign-invested enterprises
and the investors thereof within the territory of the People’s Republic of China(hereinafter referred to as “the complainant”), after
deeming that their legitimate rights and interests have been infringed by the administrative authority, file the complaint to the
complaint acceptance authority for coordination or settlement, reflect the actual situation, put forward suggestions, opinions or
requests for the complaint to be coordinated and handled by the complaint acceptance authority under relevant laws.

Article 3

The complainant shall, subject to the principle of good faith, voluntariness and lawfulness, present the complaint according to the
facts, provide the corresponding evidence and offer active assistance to the complaint acceptance authority for the investigation
work thereby.

Article 4

The complaint acceptance authority shall deal with the complaint herein in accordance with the principle of fairness, equity, and
lawfulness, the relevant laws and regulations and the Interim Measures herein.

Article 5

The National Complaint Center for Foreign-invested Enterprises and departments with the acceptance function inside local governments
(hereinafter referred to as “the local complaint acceptance authority”) shall accept the complaints from foreign-invested enterprises
in accordance with the actual situation.

The National Complaint Center for Foreign-invested Enterprises shall be responsible for accepting the complaints directly filed by
foreign-invested enterprises hereto, the trans-provincial complaints filed by foreign-invested enterprises and the complaints with
great influence, and for conducting the training, investigation and study, management and coordination in respect of the complaints
from foreign-invested enterprises nationally.

The local complaint acceptance authority shall be responsible for accepting the complaints from foreign-invested enterprises, the
complaints transferred from or supervised by the National Complaint Center for Foreign-invested Enterprises.

The complaints shall, once accepted, by principle be handled by the local complaint acceptance authority which shall, after having
accepted the complaint, undertake investigation, feedback the information and provide coordination.

Article 6

The Complaint Coordination Office for Foreign-invested Enterprises shall be responsible for coordinating, directing, supervising
the national complaints from foreign-invested enterprises, handling the complaints which involve excessive sectors and industries
and need to be settled at trans-ministerial coordination conferences herein submitted by the National Complaint Center for Foreign-invested
Enterprises, formulating the policy principle to the settlement of disputes, and perfecting the relevant laws and regulations.

Article 7

The complainant shall, while filing the complaint, submit the written complaint documents to the complaint acceptance authority which
shall expressly note such particulars as the basic fact of the complaint, the relevant evidence(s), the contact person and the means
of contact.

The complaint documents shall be written in Chinese.

Article 8

Conditions for accepting a complaint include as follows:

(1)

It has the distinct object of complaint and complaint request;

(2)

It accords with the subject qualification of complaint;

(3)

It has concrete complaint fact, reasons as well as relevant evidence(s);

(4)

It falls under the complaint scope as prescribed in the Measures herein.

Article 9

The following complaints shall not be accepted:

(1)

complaints that have entered or completed the judicial procedure, administrative reconsideration procedure or arbitration procedure;

(2)

complaints that have been accepted by organs in charge of discipline inspection, supervision and letters and calls;

(3)

complaints that have been or are being accepted by the complaint acceptance authority;

(4)

complaints that are filed anonymously; and

(5)

other complaints that fail to meet the aforesaid complaint acceptance conditions.

Article 10

The procedures for handling a complaint are as follows:

(1)

To examine the complaint documents. The complaint acceptance authority shall, within five working days as of its receipt of the complaint,
decide whether it will accept the complaint. Where it is deemed as meeting the complaint acceptance conditions after having been
examined by the complaint acceptance authority, the complaint shall be accepted and the acceptance notice shall be delivered to the
complainant; where otherwise, the complaint acceptance authority shall, within five days, deliver the refusal notice with the indication
of the reasons for refusal to the complainant and return the complaint document; where the complaint document needs further supplement
and perfection, the complaint acceptance authority shall, within 5 days, notify the complainant to do so.

(2)

To register the complaint acceptance. The complaint acceptance authority shall undertake the acceptance procedure, establish dossier
and mark the acceptance date.

(3)

To notify the respondent.

(4)

To deal with the complaint. The complaint acceptance authority shall, within 30 working days, complete the handling of the complaint
accepted; where it cannot do so within 30 working days as a result of the complex disputes or dissension, or by virtue of the interested
parties’ non-cooperation with the work of the complaint acceptance authority or for other reasons , it shall notify the complainant
in a timely manner.

(5)

The complaint acceptance authority shall, after having completed dealing with the complaint, notify the result hereof to the complainant.

(6)

To undertake the procedure of case completion registration.

Article 11

The complaint shall be dealt with subject to the following means:

(1)

To issue the opinion letter. The complaint acceptance authority shall, pursuant to the relevant laws and regulations, raise suggestions
hereon and press the complaint particulars to be settled.

(2)

To coordinate with relevant authorities.

(3)

To transfer a complaint to the local complaint acceptance authority or to other relevant departments.

(4)

Other appropriate means.

Article 12

The complaint handling shall be deemed as being completed under any of the following circumstances:

(1)

The complaint has been completed under Article 11 herein;

(2)

It has been settled through coordination or meditation by the local complaint acceptance authority or the relevant sectors ;

(3)

The interested party has filed an request with an arbitral agency, initiated a lawsuit in a court or applied for administrative reconsideration;

(4)

The complaint particulars prove not incompliant with facts after investigation;

(5)

The complaint has applied for withdrawn of the complaint;

(6)

The complaint does not cooperate and rejects to provide the genuine facts.

Article 13

The complaint acceptance authority shall keep trade secrets for the complaint, unless otherwise prescribed by the relevant laws

Article 14

The personnel of the complaint acceptance authority shall strictly execute their duties and handle the complaint particulars in an
impartial, timely and appropriate manner.

Article 15

The Complaint Coordination Office for Foreign-invested Enterprises shall be established within the Department of Foreign Investment
Administration of Ministry of Commerce and the National Complaint Center for Foreign-invested Enterprises shall be established within
the Investment Promotion Agency of Ministry of Commerce.

Article 16

The Ministry of Commerce shall be responsible for interpreting the Interim Measures herein.

Article 17

The Interim Measures shall enter into force as of October 1, 2006.

 
The Ministry of Commerce
2006-09-01

 



MEASURES FOR THE ADMINISTRATION ON THE NEWS AND INFORMATION RELEASE WITHIN THE TERRITORY OF CHINA BY FOREIGN NEWS AGENCIES

Measures for the Administration on the News and Information Release within the Territory of China by Foreign News Agencies

September 10, 2006

(issued by Xinhua News Agency on September 10, 2006)

Article 1

With a view to regulating the release of press information within China by foreign news agencies and the subscription of such press
information by users within China and promoting the dissemination of press information in a sound and orderly manner, The present
Measures are formulated in accordance with laws, administrative regulations of the state and the relevant regulations of the State
Council.

Article 2

The present Measures shall apply to the release of press information in text, photo, graphics and other forms within China by foreign
news agencies.

The foreign news agencies as mentioned in the present Measures shall include other foreign entities of the nature of a news agency
that release press information.

Article 3

Xinhua News Agency exercises unified administration over the release of press information within China by foreign news agencies.

Article 4

In accordance with the Decision of the State Council on the Establishment of Administrative Licenses for Items Subject to Administrative
Examination and Approval and That Need to Be Retained, the release of press information within China by foreign news agencies shall
be subject to the approval of Xinhua News Agency, and there shall be entities designated by Xinhua News Agency to act as their agents
(hereinafter referred to as designated entities). Foreign news agencies may not directly solicit subscription of their press information
services in China.

Except the designated entities, no unit or individual may distribute press information of foreign news agencies or act as their agent.

Article 5

To apply for releasing press information within the territory of China, a foreign news agency shall satisfy the following requirements:

(1)

being of corresponding and legal qualification at its home country or region;

(2)

enjoying good credit in the field of press information release;

(3)

having explicit scope of business;

(4)

being of technological and transmitting means commensurate with its business; and

(5)

other requirements as prescribed by laws and administrative regulations of China.

Article 6

For releasing press information within the territory of China, a foreign news agency shall submit a written application and the following
materials to Xinhua News Agency:

(1)

legal qualification certificates issued by the competent authorities of its home country or region;

(2)

the good credit certificate issued by the relevant organization of its home country or region;

(3)

a detailed list, explanation and samples of the press information to be released;

(4)

an illustration on its transmitting means; and

(5)

other materials as specified by Xinhua News Agency.

Article 7

An entity to be designated as an agent of a foreign news agency for releasing the press information within the territory of China
shall satisfy the following requirements and submit a written application to Xinhua News Agency:

(1)

being legally qualified;

(2)

enjoying good credit in the field of press information distribution as an agent ;

(3)

being of the service network and technological and transmitting means commensurate with its business; and

(4)

other requirements as prescribed by laws and administrative regulations and rules of government departments.

Article 8

Xinhua News Agency shall, within 20 days as of the receipt of the application materials of a foreign news agency or to- be -designated
entity, make a decision on whether or not to grant the application. If it decides to grant the application, it shall issue a document
of approval; otherwise, it shall notify the applicant of the decision in writing and explain the reasons.

Article 9

Before releasing press information within the territory of China in light of the scope of business approved in the approval document,
a foreign news agency shall sign an agency agreement with the designated entity, and within 15 days as of the day when the agreement
is signed, submit the agreement to Xinhua News Agency for archiving.

Article 10

Where a foreign news agency alters its scope of business, transmitting means and etc., it shall apply to Xinhua News Agency for a
new approval document.

Article 11

The press information released within the territory of China by foreign news agencies may not contain any of the following contents:

(1)

violating the basic principles as prescribed in the Constitution of the People’s Republic of China;

(2)

undermining the national unity, sovereignty and territorial integrity of China;

(3)

endangering the national security, reputation and interests of China;

(4)

advocating cult and superstition in violation of the religious policies of China;

(5)

inciting hatred and discrimination among ethnic groups, destroying their unity, infringing upon their customs and habits, or hurting
their feelings;

(6)

disseminating false information, disrupting the economic and social order of China, or undermining the social stability of China;

(7)

propagating obscenity and violence, or abetting crimes;

(8)

humiliating or slandering another person, or infringing upon the legitimate rights and interests of another person;

(9)

undermining social ethics or the fine cultural traditions of the Chinese nation; or

(10)

other contents banned by Chinese laws and administrative regulations.

Article 12

Xinhua News Agency shall have the right to select the press information released by foreign news agencies in China, and shall delete
any material as described in Article 11 of the present Measures.

Article 13

To subscribe to press information services of foreign news agencies, a user in China shall sign a subscription agreement with the
designated entity, and may not, by any means, directly subscribe to, translate, edit or publish the press information released by
a foreign news agency.

When using press information from a foreign news agency, the user in China shall clearly indicate the sources and may not transfer
in any form.

Article 14

Foreign news agencies and designated entities shall, within the prescribed time limit, submit reports to Xinhua News Agency each
year respectively on their work in releasing press information and in acting as agents.

Xinhua News Agency may conduct examination and inspection on the reports. Only those agencies and entities that have passed the examination
and inspection are permitted to continue their press information release and agency business.

Article 15

Where any unit or individual finds any act in violation of the present Measures, it (he) shall have the right to report it to Xinhua
News Agency, which shall investigate and deal with the violation according to law.

Article 16

Where a foreign news agency violates the present Measures by one of the following means, Xinhua News Agency shall, in light of the
ponderance of the case, give it a warning, order it to make corrections within a prescribed time limit, suspend its release of specified
contents, suspend or cancel its qualification as a foreign news agency for releasing press information in China:

(1)

releasing press information beyond the scope of business as approved in the approval document;

(2)

directly soliciting subscription of press information services, or doing so in disguised form; or

(3)

distributing press information which contains the contents described in Article 11 of the present Measures.

Article 17

Where a user in China violates the provisions of the present Measures and is under any of the following circumstances, Xinhua News
Agency shall, in light of the ponderance of the case, give it a warning, order it to make corrections within a prescribed time limit
or order the designated entities to suspend or rescind the subscription agreement:

(1)

using the press information from a foreign news agency beyond the scope as prescribed by the subscription agreement;

(2)

transferring to another party the press information from a foreign news agency that it has subscribed to; or

(3)

failing to clearly indicate the sources when using press information from a foreign news agency.

Article 18

Where a unit or individual violates the provisions of the present Measures and is under any of the following circumstances, Xinhua
News Agency shall submit a proposal to the relevant departments of the State Council to impose an administrative penalty upon it
(him) according to law:

(1)

releasing press information without the approval of Xinhua News Agency or subscribing to press information of a foreign news agency
beyond the entity designated by Xinhua News Agency;

(2)

distributing press information of a foreign news agency or acting as its agent without approval; or

(3)

directly translating, editing or publishing press information of a foreign news agency without approval.

Article 19

Where a designated entity, in violation of the provisions of the present Measures, acts as an agent for distribution of the press
information of a foreign news agency that has not obtained the approval of Xinhua News Agency, Xinhua News Agency shall order it
to make corrections, and disciplinary penalties shall be imposed upon the persons directly in charge and other directly responsible
persons.

Article 20

Where a staff member of Xinhua News Agency commits one of the following acts, Xinhua News Agency shall impose upon him a disciplinary
penalty:

(1)

issuing the approval document to an applicant that does not satisfy the requirements as specified in the present Measures;

(2)

failing to fulfill his duties of supervision and administration according to law;

(3)

failing to investigate and deal with the violations of law upon receiving reports thereon; or

(4)

abusing his powers, neglecting his duties, or engaging in malpractices for personal gains and etc.

Article 21

The present Measures shall be referred to for the release of press information within the mainland by news agencies and other press
information releasing entities of the nature of a news agency in Hong Kong Special Administrative Region, Macao Special Administrative
Region and Taiwan Region.

Article 22

The present Measures shall come into force as of the day of its promulgation. The Measures for the Administration over Economic Information
Publication in China by Foreign News Agencies and Their Information Subsidiaries, promulgated by Xinhua News Agency on April 15,
1996, is abolished simultaneously.

 
Xinhua News Agency
2006-09-10

 



CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING THE LIST ( THE 16TH GROUP )OF REFUNDABLE PERSONAL INSURANCE PRODUCTS WITH A TERM MORE THAN ONE YEAR EXEMPTED FROM BUSINESS TAX

Circular of the Ministry of Finance and the State Administration of Taxation concerning The List ( the 16th Group )of Refundable Personal
Insurance Products with a Term More than One Year Exempted from Business Tax

Cai Shui [2006] No. 115

The public finance departments (bureaus) and local taxation bureaus in all provinces, autonomous regions, municipalities directly
under the Central Government, cites specifically designated in the state plan, the public Finance bureau of Xinjiang Production and
Construction Corps:

Pursuant to relevant provisions of the Circular on Exemption from Business Tax on Certain Projects (Cai Shui Zi [1994] No.002) and
the Circular of the Ministry of Finance and the State Administration of Taxation on Certain Issues concerning the Exemption from
Business Tax on Life Insurance Business (Cai Shui [2001] No.118), it is decided after examination and verification to exempt from
business tax on the premiums gained from the insurance products which are sold by related insurance companies and satisfy the conditions
of exemption from tax, and the list of the insurance products exempted from tax is attached to the Appendix.

Appendix: The List of the Insurance Products Exempted from Business Tax

the Ministry of Finance

the State Administration of Taxation

September 19, 2006



 
Ministry of Finance, the State Administration of Taxation
2006-09-19

 






ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS

Announcement of the General Administration of Customs

[2006] No. 56

Approved by the State Council, the Free Trade Agreement between the Government of the People’s Republic of China and the Government
of the Republic of Chile ( hereinafter referred to as the Agreement) shall officially take effect on October 1, 2006, and the relevant
matters are hereby announced as follows:

1.

As from October 1, 2006, the import goods originating in Chile under 7391 tax items (see the appendix) shall implement the conventional
tariff as listed in the appendix.

2.

With regard to the goods that have been shipped after August 1, 2006, but are still on the way or are temporarily stored in the warehouses
under the supervision of Chinese customs or bonded areas, in accordance with the agreement reached by the two governments of China
and Chile, the customs may calculate and levy tariffs on the mentioned import goods in the light of the agreed rates upon the strength
of the certificate of origin supplemented by the visa agency of Chile within 4 months as from October 1, 2006 as submitted by the
import trader.

3.

As from October 1, 2006, when an import trader declares the goods originating in Chile and enjoying the conventional tariff, it shall
fill in the declaration of import goods in accordance with the provisions in the No. 69 Announcement of the General Administration
of Customs in 2005).

Appendix: Form of Rates for Tariff Items under the Free Trade Agreement between the Government of the People’s Republic of China and
the Government of the Republic of Chile (Omitted)

The General Administration of Customs

September 29, 2006



 
The General Administration of Customs
2006-09-29

 






CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION CONCERNING SUPPLEMENTING THE LIST OF ENTERPRISES THAT EXPLOIT OFFSHORE OIL

Circular of the Ministry of Finance and the State Administration of Taxation concerning Supplementing the List of Enterprises that
Exploit Offshore Oil

Cai Shui [2006] No.143
October 11, 2006

Departments (Bureaus) of Finance and State Administration of Taxation Bureaus in all provinces, autonomous regions, municipalities
directly under the Central Government, and city specifically designated in the state plan, the Bureau of Finance of Xinjiang Production
and Construction Corporations.:

According to the request of China National Petroleum Corporation, List of Enterprises that Exploit Offshore Petroleum, which is attached
to the Circular of the Ministry of Finance and the State Administrative of Taxation on Applying VAT Refund to Ocean Engineering Structures(Cai
Shui [2003] No,46), is hereby supplemented by adding China National Petroleum Corporation Ocean Engineering Co. Ltd. under the item
of China National Petroleum Corporation.



 
The Ministry of Finance, the State Administration of Taxation
2006-10-11

 






CIRCULAR OF THE MINISTRY OF COMMERCE ON FURTHER EXTENDING THE SCOPE OF PRIVATE BUSINESSES OWNED BY HONG KONG AND MACAO RESIDENTS

Circular of the Ministry of Commerce on Further Extending the Scope of Private Businesses Owned by Hong Kong and Macao Residents

Gong Shang Ge Zi [2006] No. 196
October 25, 2006

The competent departments of industry and commerce administration in all provinces, autonomous regions, municipalities directly under
the Central Government and cities specifically designated in the state plan:

With the approval of the State Council, Mainland signed respectively with the Macao and Hong Kong SAR governments the Supplementary
Provisions No.3 of Mainland and Macao Closer Economic Partnership Arrangement and the Supplementary Provisions No.3 of Mainland and
Hong Kong Closer Economic Partnership Arrangement (hereinafter referred to as The Supplementary Provisions No.3). In accordance with
the provisions, the scope of businesses established in Mainland by Hong Kong and Macao permanent residents of Chinese origin (hereinafter
referred to as Hong Kong and Macao residents) will be extended. For the purpose of ensuring the smooth progress of this work, it
is hereby notified:

I.

In accordance with Industrial Classification for National Economic Activities (GB/T4754-2002), the industries as follows will be included
into the scope of businesses owned by Hong Kong and Macao residents as of January 1, 2007:

1.

Crop and plant cultivation: cultivation of grain and other crops (Subcategory No. 011); planting of vegetables and horticultural crops(Subcategory
No. 012); growing of fruits, nuts, beverage and spice crops (Subcategory No. 013); planting of traditional Chinese medicines (Subcategory
No. 014).

2.

Husbandry: raising of livestock (Subcategory No. 031), of pigs (Subcategory No. 032) and of poultry (Subcategory No. 033).

3.

Breeding: seawater aquaculture (Minor Subcategory No. 0411); continental culture (Minor Subcategory No. 0421).

4.

Computer maintenance: computer repair and maintenance (Subcategory No. 613); other computer services (Subcategory No. 619).

5.

Scientific exchange and extension: technological extension (Subcategory No. 771); and scientific and technological intermediary (Subcategory
No. 772).

II.

Hong Kong and Macao residents who apply for registration of businesses in production and sales of seed, genetically modified plants,
livestock and poultry, shall, in accordance with the Seed Law, Provisions on the Safety of Agricultural Genetically-Modified Organisms,
Animal Husbandry Law, Provisions on Breeding Livestock and Poultry, and Circular on Issues Concerning the Preposed Permit for Hong
Kong and Macao Residents to Establish Private Businesses (2005 No.[28]), go through the formalities for prior name approval in the
local departments of industry and commerce administration; they shall apply for the preposed permit with their ID cards, certification
of identity and the Notice of Prior Name Approval of Private Businesses (Hong Kong and Macao Residents) and go through necessary
formalities with the duplicate copies of the required credentials, after which they may register at local offices of industry and
commerce administration.

III.

Private businesses owned by Hong Kong and Macao residents who deal in the lately opened planting, husbandry and breeding industries
will not have the restriction of 300m2 in operation area. Other related issues shall be addressed in accordance with Opinions on
the Administration of Hong Kong and Macao Residents Establishing Private Businesses (2004 No.[190]) and Circular of the Ministry
of Commerce on Further Extending the Scope of Private Businesses Owned by Hong Kong and Macao Residents (2005 No. [189]).

IV.

The competent departments of industry and commerce administration shall communicate the present circular to the offices of industry
and commerce at the basic level and ensure that the working staff concerned will be organized to study and grasp the related policies
and regulations and that the stipulations in Supplementary Provisions No.3 on further extending the scope of private businesses owned
by Hong Kong and Macao residents will be implemented as of January 1, 2007. Meanwhile, the competent departments of industry and
commerce administration shall take eligible and practical measures to intensify the publicity of the new policies and regulations
and facilitate the sound development of private businesses owned by Hong Kong and Macao residents

V.

In order to obtain the latest information of registration of private businesses established by Hong Kong and Macao residents, the
local competent departments of industry and commerce administration are expected to submit the original Registration of Private Businesses
Established by Hong Kong and Macao Residents and report the progress of the registration work before December 10, 2006. The half-year
report and the annual report of the new Registration of Private Businesses Established by Hong Kong and Macao residents (see the
attachment for the sample) shall be submitted before June 10 and December 10, 2006 respectively, and the new issues arising in the
work are also expected to be reported to the Department for Regulation of Private Economy.

Tel: 010-68050283/88650809/88650811

Fax: 010-68050283

Email: zhangdaoyang@saic.gov.cn

Attachment:

1.

The Supplementary Provisions No.3 on Hong Kong and Macao Residents Establishing Private Businesses in Mainland (omitted)

2.

Statistic Table of Registration of Private Businesses Established by Hong Kong and Macao Residents (omitted)



 
Ministry of Commerce
2006-10-25

 






INTERIM MEASURES FOR THE ADMINISTRATION OF BOND LENDING AND BORROWING BUSINESS IN THE NATIONAL INTER-BANK BOND MARKET

Announcement of the People’s Bank of China

[2006] No.15

For the purpose of regulating the bond lending and borrowing business, safeguarding the legitimate rights and interests of market
participants, enhancing the market liquidity and improving the development of China’s bond market, the Interim Measures for the Administration
of Bond Lending and Borrowing Business in the National Inter-Bank Bond Market, which are formulated by the People’s Bank of China,
are hereby promulgated.

People’s Bank of China

November 2, 2006

Interim Measures for the Administration of Bond Lending and Borrowing Business in the National Inter-Bank Bond Market

Article 1

These Provisions are formulated according to the Law of the People’s Republic of China on the People’s Bank of China and the relevant
laws and administrative regulations for the purpose of regulating the bond lending and borrowing business directly performed among
the participants of national inter-bank bond market (hereinafter referred to as market participants), safeguarding the legitimate
rights and interests of market participants, enhancing market liquidity and improving the further development of bond market.

Article 2

Bond lending and borrowing business hereof referred to in these Measures is an act of bond accommodation that the bond receiver borrows
object bonds from the bond provider with pledge of certain quantity bonds, and simultaneously stipulate that the bond receiver shall
return the borrowed bonds and the bond provider shall return the pledge accordingly on a certain day in the future.

Article 3

All market participants may perform the bond lending and borrowing business.

Market participants shall, when engaging in the bond lending and borrowing business, abide by the principles of fairness, good faith
and undertaking risks by themselves, strengthen the corresponding management on internal authorization and external credit granting,
establish corresponding inner management system and operational procedure, and perfect the risk prevention mechanism.

Article 4

The object bonds in bond lending and borrowing shall be self-owned bonds by the bond provider and may be traded and circulated in
national inter-bank bond market.

Article 5

The term of bond lending and borrowing shall be determined by both parties of the lending and borrowing business through negotiation,
which shall not be more than 365 days at most.

Article 6

If the payment of interest on the object bonds occurred in the term of bond lending and borrowing, the bond receiver shall timely
return the interest of the object bonds to the bond provider.

Article 7

The receiver of bond lending and borrowing business shall pay fees for bond lending and borrowing to the provider, the standard of
charging rates shall be determined by both parties through negotiation.

Article 8

A market participant, when engaging in bond lending and borrowing business, may conclude a deal through the trading system of the
National Inter-Bank Funding Center (hereinafter referred to as Funding Center) or through telephone, fax and other methods. Where
the bond lending and borrowing business is not conducted through the Funding Center, both parties of the lending and borrowing business
shall register and filing at the local branch of the People’s Bank of China on the day when the deal is concluded, and send a copy
to the Funding Center at the same time. China Government Securities Depository Trust & Clearing Co. Ltd. (hereinafter referred
to as CDC) shall be in charge of the settlement of bond lending and borrowing. Both parties of the lending and borrowing business
shall send settlement instruction to the CDC on the day when the deal is concluded.

Article 9

Market participants, when engaging in bond lending and borrowing business, shall sign a lending and borrowing contract in written
form for each deal. The lending and borrowing contract shall stipulate specifically the name and quantity of the object bond, name
and quantity of the pledged bond, term of the bond lending and borrowing business, fees for bond lending and borrowing business,
replacement of pledged bond, payment of interest of the borrowed bonds during the lending and borrowing period and the solution of
dispute, and etc.

Article 10

When market participants engages in bond lending and borrowing business, the bond receiver shall provide full amount bonds to the
bond provider as pledge, and the pledged bonds shall be self-owned bonds that are entrusted to CDC for depository.

Article 11

The delivery of bond lending and borrowing shall be performed with object bonds When the time limit is due, however, it may be performed
with cash upon the negotiation and consent of both parties of the lending and borrowing business.

Article 12

Where the balance received by a single institution from bond lending and borrowing business exceeds 30% (including 30%) of the total
of its self-owned bonds entrusted or since the balance received from a single bond exceeds 15% (including 15%) of the quantity issued
of this bond, if every 5% increases, the said institution shall submit reports in written form to the Funding Center and CDC simultaneously
and explain the reasons.

Article 13

Where there is any breach of contract in a bond lending and borrowing business, both parties of the lending and borrowing business
may apply for arbitration or take legal proceedings at the people’s court in accordance with the stipulations in the contract, and
shall, before 12:00 of the next workday since the receipt of the final result of arbitration or litigation, submit the final result
to the Funding Center and CDC, the Funding Center and CDC shall make an announcement with respect to the result thereon on the day
when the final result is received.

Article 14

The Funding Center and CDC shall, in accordance with the provisions and authorizations of the People’s Bank of China, provide trading
and settling services for market participants engaging in bond lending and borrowing business, formulate corresponding rules about
the trading and settling of bond lending and borrowing business under these Provisions and implement the rules after reporting them
to the People’s Bank of China for filing.

Article 15

The Funding Center and CDC shall, pursuant to the provisions and authorizations of the People’s Bank of China, timely reveal the
relevant information on bond lending and borrowing to market participants, but may not divulge non-public information or mislead
the market participants.

Article 16

The Funding Center and CDC shall establish and perfect the corresponding risk monitoring system and pre-alert indicator system. The
Funding Center shall be in charge of the routine monitoring work on bond lending and borrowing trading, and CDC shall be responsible
for the routine monitoring work on bond lending and borrowing settling, they shall initiate the emergency mechanism where any unusual
circumstance is found and report to the People’s Bank of China.

The Funding Center and CDC shall submit the written report about the analysis of operation situation of bond lending and borrowing
business of the quarter within 10 workdays upon the end of each quarter.

Article 17

All branches of the People’s Bank of China shall enhance the communication with the Funding Center and CDC, and implement the routine
supervision and administration on the bond lending and borrowing business performed by market participants that come under their
jurisdiction.

Article 18

Where a market participant or the Funding Center or CDC violates these Provisions, it shall be penalized by the People’s Bank of
China subject to the provision of Article 46 of the Law of the People’s Republic of China on the People’s Bank of China.

Article 19

These Measures are subject to the interpretation of the People’s Bank of China.

Article 20

These Provisions shall enter into effect as of November 20, 2006.



 
People’s Bank of China
2006-11-02

 






REQUIREMENTS AND PROCEDURES FOR APPLYING FOR THE EXPORT QUOTA OF RARE EARTH IN 2007

Announcement of the Ministry of Commerce of the People’s Republic of China

No.85

For purposes of further strengthening administration on export of rare earth and regulating the order of export operation, the Requirements
and Procedures for Applying the Export Quota of Rare Earth in 2007 is hereby announced in accordance with related regulations of
Foreign Trade Law of the People’s Republic of China and Regulation of the People’s Republic of China on the Administration of the
Import and Export of Goods, and foreign-invested enterprises are excluded.
The Ministry of Commerce

November 10, 2006

Requirements and Procedures for Applying for the Export Quota of Rare Earth in 2007

1.

Requirements for Applying for the Export Quota of Rare Earth in 2007

Enterprises which meet requirements as follows may apply for the export quota of rare earth in 2007:

(1)

As for manufacturing enterprises:

(a)

to have registered at the competent administrative departments of industry and commerce in accordance with relevant state rules and
regulations, to have obtained the operation qualification of import and export or have gone through the formalities of record keeping
and registration of foreign trade operators, and to have independent legal personality; enterprises which registered after 2005 shall
be approved by the state competent authorities and present relevant certificates;

(b)

to comply with the access standards and relevant policies on the rare earth industry; the export volume in 2005 to have exceeded 2000
tons or the export value to have exceeded 30 millions RMB Yuan;

(c)

the annual average export volume of rare earth for the past three years (2003-2005) to have exceeded 700 tons or the annual average
export value to have exceeded 4 million US dollars (on the basis of the statistics of the customs) if requirements in Item (b) are
not fulfilled;

(d)

the quality of the products to meet the existing national standards and the enterprises to gain registration to ISO9000 Quality Management
System;

(e)

to have environmental protection facilities suited to their production scale, to meet relevant local or national standards for the
discharge of pollutants, to be evaluated and approved by the competent departments of environmental protection above the provincial
level and to issue the environment monitoring report on the discharge up to the standard of the current year;

(f)

to comply with relevant state policies and regulations on land management;

(g)

in accordance with relevant laws and regulations of the country, to purchase various social insurances, such as endowment insurance,
employment insurance, medical insurance, industrial injury insurance and maternity insurance, to pay social insurance premiums on
time and in full, and to present relevant certificates on that issued by local departments of labor and social security; and

(h)

not to break relevant laws or regulations of the country.

(2)

As for circulation enterprises:

(a)

to have registered at the competent administrative departments of industry and commerce according to relevant state rules and regulations
and have obtained the operation qualification of import and export or gone through the formalities of record and registration of
foreign trade operators and to be with independent legal personality;

(b)

the registered capital to exceed 5 million RMB Yuan, and the annual average export volume of rare earth for the past three years (2003-2005)
to have exceeded 700 tons or the annual average export value to have exceeded 4 million US dollars (on the basis of the statistics
of the customs);

(c)

as of the implementation of the aforementioned standards for manufacturing enterprises, the export products to be manufactured by
enterprises which comply with Paragraphs 1, 4, 5, 6, 7, and 8, and the enterprises to present relevant documents on the qualification
of the source enterprises for manufacturing the products, relevant VAT invoices and the certificate of the source of products;

(d)

in accordance with relevant laws and regulations of the country and related provisions of the local government, to purchase various
social insurances in accordance with law, such as endowment insurance, employment insurance, medical insurance, industrial injury
insurance and maternity insurance, to pay social insurance premium on time and in full, and to present relevant certificates on that
issued by local departments of labor and social security; and

(e)

not to break relevant laws or regulations of the country.

(3)

Where the main producing areas of rare earth in western areas of the country without any enterprise qualified for application, the
governments of provinces, autonomous regions or municipalities may recommend no more than 3 manufacturing enterprises which have
considerable export volume in the past 3 years (2003-2005) and shall then be evaluated and confirmed by the competent state departments
and an authorized panel of experts.

(4)

The main producing areas of rare earth in western areas of the country with 3 or more than 3 enterprises which meet the requirements
mentioned in Paragraphs (1) and (2) shall not enjoy the preferential policy as prescribed in Paragraph 3; those with less than 3
such enterprises may recommend more according to Paragraph 3, but the total number (the number of enterprises which meet the aforementioned
requirements plus the number of the recommendations) shall not exceed 3.

(5)

The export of rare earth by foreign-invested enterprises shall be conducted according to the existing regulations.

2.

Procedures for Application and Confirmation

Local rare earth exporting enterprises shall file an application to the competent commerce departments in provinces, autonomous regions,
municipalities directly under the Central Government and Xinjiang Production and Construction Corps (hereinafter referred to as provincial
competent department of commerce). The provincial competent department of commerce shall have a preliminary qualification examination
for them according to the aforementioned requirements, submit the name list of the local qualified exporting enterprises and the
written opinions of the preliminary examination (with the related materials of the enterprise attached) to the Ministry of Commerce
before November 15, 2006, and send a copy to China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters.

Enterprises administrated by the central government submit their applications and relevant materials directly to the Ministry of Commerce,
and send a copy to China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters.

The Ministry of Commerce entrusts China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters with reconfirmation.
China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters shall offer overall suggestions to the reconfirmed
local rare earth exporting enterprises and those administrated by the central government, and submit the suggestions to the Ministry
of Commerce before November 25, 2006.

The Ministry of Commerce shall examine and approve the enterprises applying for export quota of rare earth according to the reconfirmation
opinions of China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters, and make an announcement of the
enterprises which meet the standards.

3.

Documents Needed for Application

Local rare earth exporting enterprises and those administrated by the central government shall, when filing applications to the provincial
competent department of commerce or the Ministry of Commerce, submit documents as follows with the signature of the legal representative
for confirmation:

(1)

A copy of the duplicate of business license for legal entities, Registration Form for Foreign Trade Operators with the seal of registration
or Qualification Certificate of Importing and Exporting Enterprise of People’s Republic of China, and their Customs code and enterprise
code;

(2)

Certificate for Discharge up to the Standard or the examination opinions on the environmental impact report issued by the competent
department of environmental protection above the provincial level, and the evaluation report of the current year on environment monitoring
issued by the provincial competent department of environmental protection;

(3)

Registration to ISO9000 Quality Management System;

(4)

Manufacturing enterprises shall present certificates or documents for 2005 as follows: the certificate of tax exemption & credit
or the original Application Form for Exemption Credit & Refund with a seal of the tax authority, the Export Customs Declaration
(the duplicate) and the Verifying and Writing-off Instrument (the duplicate) for those who export their own goods; the original VAT
invoice issued under the supervision of the state tax bureau, the Export Customs Declaration (the duplicate) and the Verifying and
Writing-off Instrument (the duplicate) for those whose products are purchased and exported by exporting enterprises; the original
exporting invoice, the Export Customs Declaration (the duplicate), the Verifying and Writing-off Instrument (the duplicate) and the
Agent Certificate for Export of Commodities (the duplicate) for those who have exporting enterprises as their export agents.

Circulation enterprises shall present: the original VAT invoice or the original export invoice, the Export Customs Declaration (the
duplicate), the Verifying and Writing-off Instrument (the duplicate) and the Agent Certificate for Export of Commodities (the duplicate)
issued by the tax bureau.

Enterprises which newly apply for export quota of rare earth shall present relevant materials for the past three years (2003-2005),
and those which have obtained the export quota of rare earth for 2006 are only to present relevant materials for 2005.

(5)

Manufacturing enterprises shall present legal certificate issued by the competent department of land management approving the use
of land.

(6)

Certificate of payment for social insurances issued by the local competent department of labor and social security.



 
The Ministry of Commerce
2006-11-10

 






1...192021...83Page 20 of 83

CONSTITUTION ACT, 1982 – page 22

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

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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