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PROVISIONS ON RESPONDING TO ANTIDUMPING CASES CONCERNING EXPORT PRODUCTS

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

No. 12

The Provisions on Responding to Antidumping Cases concerning Export Products have been deliberated and adopted at the fifth executive
meeting of the Ministry of Commerce as of May 17, 2006. They are hereby promulgated and shall enter into force as of August 14, 2006.
The Provisions on Responding to Antidumping Actions of Export Products (Wai Jing Mao Bu Ling [2001] No. 5) shall be simultaneously
abolished.
Minister of the Ministry of Commerce Bo Xilai

July 14, 2006

Provisions on Responding to Antidumping Cases concerning Export Products

Article 1

In order to do a good job in responding to the antidumping cases launched by foreign countries against the export goods of China
and safeguard the justifiable rights and interests of the enterprises, the present Provisions are hereby instituted in accordance
with the Foreign Trade Law of the People’s Republic of China and the Regulation of the People’s Republic of China on the Administration
of the Import and Export of Goods.

Article 2

The present Provisions shall apply to the responding work to antidumping cases launched against the export goods of China, including
investigation of the new case placed on file, review investigation, anti-absorption investigation and anti-circumvention investigation,
etc.

Article 3

Those enterprises that have produced and exported the products involved to the investigation country or region during the investigation
period of an anti-dumping case shall actively respond to the action.

Article 4

The import and export chamber of commerce and other industrial organizations shall, in accordance with their respective articles
of association, intensify the industrial self-discipline, maintain the industrial operation order, take charge of the industrial
coordination of the responding work to anti-dumping cases, and promote their member enterprises to respond to the anti-dumping cases
launched by foreign countries.

Article 5

The Ministry of Commerce may institute the policies and measures concerning promoting the responding work to the anti-dumping cases.

Article 6

The Ministry of Commerce shall, timely publicize the relevant information about the investigation of anti-dumping cases or the responding
work to actions, and the local competent commercial departments and industrial organizations shall, after obtaining the relevant
information, notify the information to the enterprises involved immediately.

The information prescribed in the preceding Paragraph shall mainly include the following:

(1)

the information relevant to launching an investigation of a new case placed on file in the anti-dumping case;

(2)

the information relevant to launching a review investigation in the anti-dumping case;

(3)

the information relevant to launching anti-absorption and anti-circumvention investigation in the anti-dumping case; and

(4)

other information which has significant effects on the responding work to action.

Article 7

After obtaining the information relevant to launching an investigation on a new case placed on file in the anti-dumping case, an
industrial organization shall make coordinate preparations for the responding work to action in accordance with the export conditions
of the products involved.

Article 8

An enterprise shall regulate its exportation according to law, safeguard the industrial export order, do a good job in the collection
and sort-out of the information about anti-dumping cases, and report the information to the industrial organization in time.

Article 9

The enterprises involved which will participate in the responding work to action shall enjoy the rights below:

(1)

to decide the way of responding to action;

(2)

to select lawyers by themselves;

(3)

to obtain the information about the overall progress in the investigation of the case and the conditions on responding to action by
other enterprises, etc. from the industrial organization;

(4)

to obtain the guidance and assistance from the industrial organization in connection with the responding work to action; and

(5)

to put forward corresponding opinions or suggestions if there is any discriminatory act in the investigation organ of an anti-dumping
case.

Article 10

An enterprise which has responded to an action shall not engage in any activity that may affect the justifiable rights and interests
of any other enterprise responding to action, nor may it engage in any activity that may affect the overall industrial work on responding
to action.

Article 11

An industrial organization shall organize the trainings about the legal knowledge on anti-dumping at regular intervals, and can establish
a special fund from the membership dues to promote member enterprises to respond to actions.

Article 12

Where an industrial organization coordinates the work of responding to anti-dumping cases, its main responsibilities are:

(1)

to establish a statistical supervisory system for export goods and an information collection and feedback mechanism of trade remedy
cases;

(2)

to assist, in accordance with the request of the enterprises responding to an action, to their defences to such technical issues as
the substitute country, market economy status and separate adjudication, and the field investigations by foreign investigation organs;

(3)

to organizing the enterprises responding to an action to attend the hearings, and to consultant and negotiate with the foreign investigation
organs and relevant industrial organizations or enterprises;

(4)

to assist, in accordance with the request of the enterprises responding to an action, to the relevant issues as negotiations about
the price commitment agreement; and bringing forward plans and suggestions to the Ministry of Commerce if any “price commitment agreement”
or “suspension agreement” needs to be signed in the name of the government;

(5)

to assist the enterprises responding to an action to seek for judicial remedies concerning the anti-dumping rulings in the investigation
country or region;

(6)

to provide services about the information about lawyer , and establishing a lawyer information database;

(7)

to regularly publicize the administrative review cases that will become due in the present year and other information on the International
Business Daily and its own website; and

(8)

other work which needs the coordination of the industrial organization.

Article 13

An industrial organization shall, in accordance with Article 12 , institute and promulgate the operation regulations for the coordination
of the industrial organization to the responding work to action.

Article 14

Where an industrial organization has uniformly coordinated to employ the lawyers in accordance with the request of the enterprises
responding to an action, it shall follow the principles of openness, fairness and transparency to select better lawyers.

Where the enterprises responding to an action employ lawyers by themselves and so there are two or more law firms who work for the
same case, the industrial organization shall coordinate the work of all the said law firms during the whole process of the responding
work to action, so as to ensure the effects of the whole industry on responding work to action.

Article 15

Those lawyers and law offices which have worked for the investigation country or region as agents to try for launching the investigations
of trade remedy measures aiming at Chinese products within 3 years before an anti-dumping case is placed on file shall not participate
in the lawyers’ bidding and competition.

The industrial organization shall notify to the enterprise responding to an action of the lawyers and law offices which have ever
seriously affected or damaged the interests of the enterprises or industry of China in their agency activities.

Article 16

An industrial organization shall consult the Ministry of Commerce when coordinating the responding work in the following cases:

(1)

The products involved in the case has a relatively large export amount within the investigation period;

(2)

The products involved in the case has a relatively large market share or a great effect in the investigation country or region;

(3)

Consensus about organizing coordinating the responding work to action could not be formed among industrial organizations, and which
may affect the results of the responding work to the case;

(4)

The investigation organ implements discriminatory policies or investigation methods to the enterprises of China; and

(5)

Any other important case needs to consult.

Article 17

The local competent commercial departments shall do a good job in the statistical work concerning the information of the anti-dumping
cases which the local enterprises are involved in, establish an information reporting system, and evaluate the effects of the anti-dumping
of foreign countries against their local export trade; and regularly organize the trainings on the legal knowledge about anti-dumping,
institute the policies and measures which can promote the responding work to anti-dumping cases in accordance with the actual situation
of its own region; and coordinate the responding work to action by the enterprises involved within its own jurisdiction upon the
request of the industrial organization.

Article 18

All the embassies (consulates) abroad and economic and commercial counselor’s offices (rooms) shall timely follow up and collect
the information about the revision of anti-dumping laws of foreign countries, the anti-dumping case placed on file or review developments
as well as other relevant information.

Article 19

The Ministry of Commerce shall be responsible for the interpretation of the present Provisions.

Article 20

The present Provisions shall enter into force as of August 14, 2006. The Provisions on Responding to Anti-dumping Actions of Export
Products (Wai Jing Mao Bu Ling [2001] No.5) shall be simultaneously abolished.



 
The Ministry of Commerce
2006-07-14

 






REPLY OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON THE RELATED MATTERS ON THE ESTABLISHMENT OF BRANCHES BY NON-CORPORATE BRANCHES

Reply of the State Administration for Industry and Commerce on the Related Matters on the Establishment of Branches by Non-corporate
Branches

Gong Shang Qi Zi [2006] No.144

Sichuan Administration for Industry and Commerce:

We have received the Request for Instructions on Whether the Application of Law is Appropriate in Investigating and Punishing the
Establishment of Power Supply Stations by Power Supply Enterprises on the County Level (Chuan Gong Shang Ban [2006] No.125) sent
by your Bureau. Upon deliberation, we hereby give the following reply:

The punishment provision of Item 1, Paragraph 1 of Article 63 of the Detailed Rules for the Implementation of the Regulations of
the People’s Republic of China on Administration of the Registration of Enterprises As Legal Persons shall apply to the act of setting
up branches without examination and approval and starting business without authorization by non-corporate branches.

The State Administration for Industry and Commerce

July 28, 2006



 
The State Administration for Industry and Commerce
2006-07-28

 






OFFICIAL REPLY OF CHINA INSURANCE REGULATORY COMMISSION ON THE ESTABLISHMENT OF ALLIANCE INTERNATIONAL INSURANCE (BEIJING) BROKERAGE CO., LTD.

Official Reply of China Insurance Regulatory Commission on the Establishment of Alliance International Insurance (Beijing) Brokerage
Co., Ltd.

Bao Jian Zhong Jie[2006] No.854

Liu Meng, Tan Jianguo, Guangdong Tianyi Aviation Services Co., Ltd.:

The application materials you submitted for the establishment of Alliance International Insurance (Beijing) Brokerage Co., Ltd. have
been received. Upon auditing, we hereby give the following reply:

1.

The establishment of Alliance International Insurance (Beijing) Brokerage Co., Ltd. is approved.

2.

The registered capital of the company is RMB 5 million, among which the capital contribution of Liu Meng is 3 million Yuan, whose
proportion of capital contribution is 60% and Guangdong Tianyi Aviation Services Co., Ltd. and Tan Jianguo contributes 1 million
Yuan respectively, whose proportion of their respective capital contribution is 20%.

3.

The business operating areas of the company are within the administrative jurisdiction of the People’s Republic of China (excluding
Hong Kong, Macao, and Taiwan).

4.

The domicile of the company is Room 398, Hongdu Sunshine Business Hotel, No.23, Xibahe Xili, Chaoyang District, Beijing.

5.

The company may operate the following businesses:

(1)

Drawing out insurance scheme, choosing insurers, and handling insurance formalities for policy holders;

(2)

Assisting insurants or beneficiaries in claiming for compensation;

(3)

Reinsurance brokerage business;

(4)

Offering consulting services on disaster prevention, loss prevention, or risk assessment, risk management for clients;

(5)

Other businesses upon the approval of China Insurance Regulatory Commission.

6.

Liu Meng’s qualification for the posts of board chairman and general manager is approved.

7.

The company may start business only after it handles the relevant formalities of the industrial and commercial registration at the
administrative department of industry and commerce with this Official Reply and the Insurance Brokerage Institution Legal Person
License issued by China Insurance Regulatory Commission.

8.

The company shall operate under law and carry out the relevant policies of China Insurance Regulatory Commission. The relevant contents
thereabout may be available at the website of China Insurance Regulatory Commission.

China Insurance Regulatory Commission

August 7, 2006



 
China Insurance Regulatory Commission
2006-08-07

 






NOTIFICATION OF THE STATE ADMINISTRATION OF TAXATION ON THE EFFECTIVENESS AND IMPLEMENTATION OF THE AGREEMENT ON THE AVOIDANCE OF DOUBLE TAXATION BETWEEN CHINA AND MOROCCO

Notification of the State Administration of Taxation on the Effectiveness and Implementation of the Agreement on the Avoidance of
Double Taxation between China and Morocco

Guo Shui Fa [2006] No. 125

The state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central
Government and the cities specifically designed in the state plan, and all the departments within the State Administration of Taxation,

The Chinese government and the Government of the Kingdom of Morocco have signed the Agreement on the Avoidance of Double Taxation
on Incomes and the Prevention of Tax Dodging & Evasion in Rabat on August 27, 2002. The foreign affairs departments of both governments
have exchanged notes with each other on September 29, 2005 and July 17, 2006 respectively, affirming that the necessary legal procedures
for going into force have been completed. The Agreement shall go into force as of August 16, 2006 and shall be executed as of January
1, 2007 according to the provisions of Article 28 of the Agreement. The State Administration of Taxation has issued to you the text
of the Agreement in the Notice of the State Administration of Taxation on Printing and Distributing the Text of the Agreement on
the Avoidance of Double Taxation and Making Good Preparations for Its Implementation (Guo Shui Han [2002] No. 982) on November 11,
2002. Please execute accordingly.

State Administration of Taxation

August 16, 2006



 
State Administration of Taxation
2006-08-16

 






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

 






1...293031...83Page 30 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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