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Circular of the State Administration of Taxation on Printing and Distributing the Text of the Arrangements between the Mainland of
China and the Hong Kong Special Administrative Region on Avoiding Double Taxation and Getting Prepared for the Implementation thereof
Guo Shui Han [2006] No. 884
The state taxation bureaus and local taxation bureaus of each province, autonomous region, municipality directly under the Central
Government and city specifically designated in the state plan, and all the departments within the State Administration of Taxation,
The Arrangements between the Mainland of China and the Hong Kong Special Administrative Region concerning Avoiding Double Taxation
on Income and Preventing Tax Dodging & Tax Evasion was officially signed in Hong Kong on August 21, 2006. The present arrangements
shall not go into effect and be executed until both sides have completed their respective legal procedures as required. The text
of the present arrangements is hereby printed and distributed to you, please get ready for the implementation.
Appendix: Arrangements between the Mainland of China and the Hong Kong Special Administrative Region concerning Avoiding Double Taxation
on Income and Preventing Tax Dodging & Tax Evasion
State Administration of Taxation
September 27, 2006
Appendix:
Arrangements between the Mainland of China and the Hong Kong Special Administrative Region concerning Avoiding Double Taxation on
Income and Preventing Tax Dodging & Tax Evasion
In order to avoid double taxation on income and prevent tax dodging & tax evasion , the Mainland of China and the Hong Kong Special
Administrative Region reach the following agreements:
Article 1
Persons Covered
The present arrangements is applicable to the persons who are residents of either or both sides.
Article 2
Taxes Covered
1.
The present Agreements are applicable to all the taxes imposed by either of the two sides or by the local authorities thereof, regardless
of the manner in which they are levied.
2.
The taxes on all incomes or any income, including the taxes on the proceeds arising from the transfer of chattels or estates as well
as the taxes on the capital increment, shall be regarded as taxes on incomes.
3.
The active tax categories to which the present Arrangements shall be applied are:
(1)
In the Mainland:
(a) The personal income tax;
(b) The foreign-invested enterprises and foreign enterprises income tax.
(2)
In Hong Kong
(a) Profits tax;
(b) Salaries tax;
(c) Property tax.
No matter whether or not the taxes are levied in light of personal income.
4.
The present arrangements shall also apply to the same or substantially similar taxes that are levied after the date of signing the
present arrangements as an addition or replacement to the active tax categories and apply to any other tax which is to be levied
in the future but falls within the scope which is referred to in paragraphs 1 or 2 of this Article. The competent authorities of
both sides shall notify each other of any substantial alterations made in their respective tax laws in an appropriate time after
such alterations are made.
5.
The existing taxes and the taxes which are to be levied after the signing of the Arrangements, hereafter shall be named as “Mainland
taxes” or “Hong Kong taxes” respectively.
Article 3
General Definitions
1.
In the present Arrangements, except for otherwise explained in the context :
(1)
The terms “one side” and “the other side”, depending on the context, refer to the Mainland of China and the Hong Kong Special Administrative
Region;
(2)
The term “taxes” ,depending on the context, refers to the Mainland taxes or Hong Kong Special Administrative Region tax ;
(3)
The term “person” includes individuals, corporations, affiances, partnerships and other groups;
(4)
The term “company” refers to any body corporate or any entity which is regarded as a body corporate for tax purposes;
(5)
The term “enterprise” shall be applied to all forms of business activities;
(6)
The terms “enterprise of one side” and “enterprise of the other side” respectively refer to an enterprise carried on by a resident
of one side and an enterprise carried on by a resident of the other side;
(7)
The term “ocean shipping, air parcel and land transport” refer to transportations operated by an enterprise of one side in ships,
aircrafts or land transport vehicles, , excluding the transportations operated in ships, aircrafts or land transport vehicles only
between places in the other side;
(8)
The term “competent authority” refers to the State Administration of Taxation or its authorized representatives in the Mainland of
China, and refers to the Commissioner of Revenue of the Hong Kong Special Administrative Region or his authorized representatives
or any person or institution which is authorized to execute the functions or similar functions that may be executed by the Commissioner
of Revenue at the present time in the Hong Kong Special Administrative Region,;
(9)
The term “business operation” includes professional services and other independent activities.
2.
In the present Arrangements, the “Mainland taxes” or “Hong Kong Special Administrative region tax” do not include any fines or interest
levied by either of the two sides under any tax law as mentioned in Article 2 .
3.
With regard to the implementation of the present arrangements by one side, any term which has not been defined herein shall, except
for otherwise explained in the context, have the meaning which it has under the laws of that side on the taxes to which the present
arrangements applies. The definition of a relevant term in taxation laws shall be preferential to the definition of the same term
in other laws.
Article 4
Residents
1.
In the present arrangements, the term “resident of one side” shall have the following definitions:
(1)
In the Mainland, it refers to any person who, in accordance with Mainland law, due to his domicile, residence, headquarters location,
or place of actual management institution or other similar standards, have obligations to pay taxes in the mainland. However, this
term does not include the persons who are obligatory to pay tax in the Mainland only due to the income rooting in the Mainland.
(2)
In the Hong Kong Special Administrative Region, it refers to
(a)Persons who ordinarily reside in the Hong Kong Special Administrative Region;
(b)Persons who stay in the Hong Kong Special Administrative Region for over 180 days within a taxable year or stay for over 300 days
within two consecutive taxable years (one of which is a taxable year concerned);
(c)For the incorporation of companies established in the Hong Kong Special Administrative Region or established outside the Hong Kong
Special Administrative Region but usually managed or controlled therein;
(d)Other persons which are formed according to the law of the Hong Kong Special Administrative Region, or other persons which are
formed outside the Hong Kong Special Administrative Region but which are managed or controlled therein.
2.
Due to the provisions of Paragraph 1, as for an individual who is a resident of both sides, his identity shall be confirmed according
to the following rules:
(1)
He shall be considered as a resident of the side in which he has a permanent domicile available to him; if he has a permanent domicile
available to him in each of two sides, he shall be considered as a resident of the side which has a more closely personal and economic
relations with him(the side where his important interest center is located) ;
(2)
If the side where his important interest center locates cannot be determined, or if he does not have a permanent home available to
him in either side, he shall be considered as a resident of the side in which he has a customary abode;
(3)
If he has a customary abode in either side or in neither of them, the competent authorities of both sides shall settle the issue through
negotiations.
3.
Due to the provisions of Paragraph 1 of this Article, a person, except an individual, who is a resident of both sides, shall be considered
as a resident of the side where its actual management institution is located.
Article 5
Permanent Institutions
1.
In the present Arrangements, the term “permanent establishment” means a fixed place of business through which the business of an enterprise
is wholly or partially conducted.
2.
The term “permanent establishment” particularly includes:
(1)
Management sites;
(2)
Branches;
(3)
The offices;
(4)
Factories;
(5)
Workshops; and
(6)
The mine, oil or gas wells, quarry or other places for exploitation of natural resources.
3.
The term “permanent institutions” also includes:
(1)
Building site, construction, assembly or installation project, or the supervisory and administrative activities related, but only
limiting to the sites, projects or activities which last for more than 6 months;
(2)
The services, including advisory services, provided by an enterprise of one side directly or through employees or other employed personnel
for the aforesaid item or related items in the other side, only limiting to the periods for such activities which continually or
accumulatively exceed 6 months in any 12 months.
4.
Notwithstanding the aforementioned provisions of this article, the term “permanent establishment” shall not include:
(1)
The use of facilities specialized for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
(2)
The inventory of goods or merchandise belonging to the enterprise specialized for the purpose of storage, display or delivery;
(3)
The inventory of goods or merchandise belonging to the enterprise specialized for the purpose of processing by another enterprise;
(4)
The fixed place of business established specialized for the purpose of purchasing goods or merchandise or of collecting information
for the enterprise;
(5)
The fixed place of business established specialized for the purpose of conducting other preparatory or assistant activities for the
enterprise;
(6)
The fixed place of business established specialized for the purpose of combining the activities listed in Items (1) to (5) of this
Paragraph if such combination shall fall into all the activities of the fixed place of business with a preparatory or auxiliary nature.
5.
Notwithstanding the provisions of Paragraphs 1 and 2, when a person (in addition to the independent agents to whom the provisions
of Paragraph 6 shall be applicable ) conducts activities in one side representing an enterprise of the other side , and regular exercises
the authority to conclude contracts on behalf of the enterprise, that enterprise shall be considered to have a permanent establishment
in the first-mentioned side as regards the activities that the person conducts for the enterprise, unless the activities of such
person are limited to those mentioned in Paragraph 4 ,according to which, that the fixed place of business shall not be considered
as permanent institution.
6.
An enterprise of one side shall not be considered to have a permanent establishment in the other side merely because it operates its
business in the other side through a broker, general commission agent or any other independent agent. However, if all or nearly all
of the agent’s activities are carried out on behalf of the enterprise, he shall not be considered as an independent agent as referred
to in this Paragraph.
7.
The fact that a company which is a resident of one side controls or controlled, a company which is a resident of the other side, or
which operates business in the other side (whether through a permanent establishment or not), shall not itself render either company
a permanent establishment of the other side.
Article 6
Income from Estate
1.
Income derived by a resident of one side from estate (including income from agriculture or forestry) situated in the other side may
be taxed in the other side.
2.
The term “estate” shall have the meaning it has under the law of the side in which the property in question is situated. The term
shall, in any case, include the property attached to the estate, livestock and equipment used in agriculture and forestry, the rights
to which the general legal provisions related to real estates are applicable, usufruct of estate, as well as the rights to acquire
non-fixed or fixed income due to exploiting or being enpost_titled to exploit mineral resources and other natural resources of Ships and
aircrafts shall not be regarded as estate.
3.
The provisions of Paragraph 1 shall apply to the income obtained from the direct using, leasing of estate or any other form of using
the estate.
4.
The provisions of Paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise.
Article 7
Business Profits
1.
The profits of an enterprise of one side shall be taxable only in that side with the exception of the enterprise conducting its business
in another side through a permanent establishment situated therein. If the enterprise conducting its business in the other side through
a permanent establishment situated therein, the profits of the enterprise may be taxed in the other side, but only limited to those
attributable to that permanent establishment.
2.
In addition to the application of the provisions of Paragraph 3 of this article, where an enterprise of one side conducting its business
in the other side through a permanent establishment situated therein, the permanent establishment shall be regarded as an independent
subordinate enterprise engaging in the same or similar activities under the same or similar circumstances. Such permanent establishment
shall be treated differently and separately as an independent establishment from the enterprise. Under the aforesaid circumstances,
the profits of this permanent establishment that may be obtained shall belong to the permanent establishment itself in each side.
3.
When determining the profits of a permanent institution, it should be allowed to deduct the expenses incurred in the business of the
permanent establishment, including the executive and general administrative costs, regardless of whether they occur in the side in
which the permanent institution is situated or in any other place. However, no such deduction shall be allowed as regards the royalties,
remunerations or other similar funds paid by the permanent institutions to the general institution of the enterprise and any other
offices of the said enterprise, commission for concrete service or management as provided, as well as the interest paid for the loans
(expect with the expenses actually arising from the reimbursement ) , except banking enterprises., Similarly, no consideration may
be taken, in determining the profits of a permanent establishment, for the royalties, remunerations or other similar funds paid by
the permanent institutions to the general institution of the enterprise and any other offices of the said enterprise, commission
for concrete service or management as provided, as well as the interests obtained due to the loans to the general institution or
any other offices of the said enterprise (expect with respect to the reimbursement of actual expenses), except banking enterprises.
4.
If one is accustomed to decide the profits of the permanent institution by means of a certain percentage of their overall profits
allocated to the respective units or any other methods as provided by laws, the provisions in Paragraph 2 herein shall not preclude
that side from determining the profits to be taxed by this method of profit distribution. However, the result of adopting the method
of profit distribution shall be consistent with the principles prescribed in this Article.
5.
No profits may be attributed to a permanent establishment because of mere purchase by that permanent establishment of goods or commodities
for the enterprise.
6.
For the purpose of the aforementioned Paragraphs, the profits belonging to the permanent establishment shall be determined by the
same method each year in addition to appropriate and sufficient reasons for alterations.
7.
If the profits include the income items that are provided separately in other articles of the present arrangements, the provisions
of other articles shall not be affected by the provisions of this Article.
Article 8
Ocean Shipping, Air Parcel and Land Transport
1.
Revenues and profits from the operation of ocean Shipping, air parcel and land transport by ships, aircrafts or land transport vehicles
made by an enterprise of one side in the other side shall be tax-free (in the Mainland, Including sales tax) .
2.
The provisions of paragraph 1 of this Article shall also apply to revenues and profits derived from the profits from the operations
under partnership, joint ventures or participation in an international operating agency, It is merely limited to the revenues and
profits obtained in light of the proportion of shares held in the aforementioned operations.
Article 9
Associated Enterprises
1.
When
(1)
an enterprise of one side participates directly or indirectly participates in the management control or capital of another enterprise,
or
(2)
a same person directly or indirectly participates in the management, control or capital of an enterprise of one side and an enterprise
of the other side;
In any case of the above, the commercial or financial relations between the two enterprises is different from the relationship between
independent enterprises, so long as the profits which would, but as those conditions, the profits have been achieved by either enterprise,
may be included in the profits of that enterprise and be taxed accordingly.
2.
When one side involves the profits of an enterprise of the other side in the profits of an enterprise of its side (the said part of
profits should have been obtained by an enterprise of the said side in the light of two independent enterprises under the same circumstance)
and levies on it , then the other side shall make appropriate adjustment to the amount of the tax charged therein on those profits,
where the other side making appropriate adjustment. In determining the above adjustment, the other provisions of the present Arrangements
shall be paid attention to, if necessary, the administrative authorities of the two sides shall consult each other.
Article 10
Dividends
1.
Dividends paid by a resident company of one side to a resident of the other side may be taxed in that other side.
2.
However, these dividends may also be taxed in the side of which the company paying the dividends is a resident and in accordance with
the laws of that side, however, if the dividend is the beneficial owner of the other residents, the tax so levied shall not exceed:
(1)
5% of the total dividends if the beneficial owner directly holds at least 25% of the shares by the company to pay the dividends;
(2)
10% of the total dividends in other cases.
The administrative authorities of both sides shall consult to determine the method for the execution of the restrictive tax rate.
This Paragraph shall not affect the corporate profits tax levied on the profits used to pay dividends of the said corporate.
3.
The term “dividends” as used in this Article means the income from shares or other rights of participating in the profits of non-creditor
relationship, and the income from other corporate rights that are regarded the same taxation treatment as the income from the shares
by the laws of the side of which the company making the profit distribution is a resident.
4.
The provisions of Paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of one side, conducted
business in the other side of which the company paying the dividends is a resident, through a permanent establishment situated in
that other side and if the shares for which the dividends are paid are effectively associated with such permanent establishment.
Under such circumstances, the provisions of Article 7 shall be applied.
5.
Where a company which is a resident of one side obtained profits or income from the other side, that other side may not impose any
tax on the dividends paid by the company, even if the dividends paid or the undistributed profits consist in whole or in part of
profits or income arising in the other side, with the exception of the dividends are paid to a resident of that other side or the
shares held or other corporate rights as regards which the dividends are paid are effectively connected with a permanent establishment
situated therein.
Article 11
Interest
1.
Interest occurred in one side and paid to a resident of the other side may be taxed in that other side.
2.
However, these interests may also be taxed in the side in which it arises and in accordance with the laws of that other side, however,
if the recipient is the beneficial owner of the interest, the tax so charged shall not exceed 7 percent of the total interest. The
competent authorities of both sides shall consult to determine the method for the execution of the restrictive tax rate.
3.
Notwithstanding the provisions of Paragraph 2 of this Article , the interest, which occurred in one side and is obtained by an institution
acknowledged by the government of the other side or by the competent authorities of both sides, shall be tax-free in that side.
4.
The term “interest” as mentioned in this Article means income from a variety of claims, no matter whether they have guaranty or the
right to share the debtor’s profits; especially, income from government bonds, bonds or credit bonds, including their premiums or
bonus. Penalty paid for postponing shall not be considered as interest as prescribed in this Article.
5.
The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the interest, being a resident of one side, conduct
business in the other side in which the interest occurred, through a permanent establishment situated in that other side and if the
debt-claim as regards which the interest is paid is effectively associated with such permanent establishment. Under such circumstances,
the provisions of Article 7 shall apply.
6.
Interest shall be considered to arise in one side when the payer is the government of that side itself, a local authority or a resident
of that side. Where, however, the person paying the interest, no matter he/it is the government or local authority of one side, or
a resident of one side has in one side a permanent establishment in association with which the indebtedness on which the interest
is paid was incurred, and such interest is borne by such permanent establishment, then such interest shall be considered to arise
in the side in which the permanent establishment is situated.
7.
Where, because of the special relationship between the payer and the beneficial owner or between both of them and other people, the
amount of the interest, having regard to the debt-claim for which it is paid, beyond the amount which would have been agreed upon
by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the
last-mentioned amount. Under this circumstance, the excess payments shall remain taxable in accordance with the laws of each side,
other provisions of the present arrangements should be paid proper attention to.
Article 12
Royalties
1.
Royalties occurred in one side and paid to a resident of the other side may be taxed in that other side.
2.
However, these royalties may also be taxed in the side in which they arise in light of the laws of that side, but if the recipient
is the beneficial owner of the royalties, the tax so charged shall not exceed 7 percent of the gross amount of the royalties. The
competent authorities of both sides shall consult to determine the method for the implementation of the limited tax rate.
3.
The term “royalties” as mentioned in this Article means the varieties of funds paid as a reward for the use of, or the right to use,
any copyright of literature, art or science work (including cinematographic films, or films or tapes for radio or television broadcasting),
any patent, trademark, design or model, blueprint, secret formula or secret proceedings to pay the reward money, or the use or the
right to use any industrial, commercial, scientific equipment or information related to industrial, commercial or scientific experiences.
4.
The provisions of Paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of one side, conducts
business in the other side in which the royalties arise through a permanent establishment situated in that other side and if the
right or property as regards which the royalties are paid is effectively associated with such permanent establishment. Under such
circumstance, the provisions of Article 7 shall be applied.
5.
The royalties shall be considered as arising in one side when the payer is the government, a local authority or a resident of that
side. Where, however, the person paying the royalties, no matter he/it is the government or local authority of one side, or a resident
of one side, has in one side a permanent establishment in association with which the obligation to pay the royalty fees was incurred,
and such royalties are borne by such permanent establishment, then such royalties shall be considered to arise in the side in which
the permanent establishment is situated.
6.
Where, because of the special relationship between the payer and the beneficial owner or between both of them and other people, the
amount of the royalties, regarding the use, right or information for which they are paid, which results in the payment of royalty
payments in excess of the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship,
the provisions of this Article shall apply only to the amount mentioned. Under this circumstance, the excess payments shall remain
taxable in light of the law of both sides, but the other provisions of the present arrangements shall be paid proper attention to.
Article 13
Property Proceeds
1.
Proceeds derived by a resident of one side from the transfer of estate referred to in Article 6 and situated in the other side may
be taxed in that other side.
2.
Proceeds from the transfer of chattel of business property part of a permanent establishment which an enterprise of one side has in
the other side, including such gains from the permanent establishment transfer (either solely or accompanying the entire enterprise),
may be taxed in that other side.
3.
Proceeds derived by the transfer of ships, airplanes or vehicles engaging in ocean shipping, air parcel or land transport or proceeds
derived from the transfer of chattel belonging to the operation of such ships, airplanes or land transport vehicles shall be taxable
only in that side.
4.
Proceeds from the transfer of shares of the shares of a company whose major property consists directly or indirectly of estate situated
in one side may be taxed therein.
5.
Proceeds from the transfer of shares other than those referred to in Paragraph 4 equivalent to at least 25 percent in a company which
is a resident of one side may be taxed in that side.
6.
Proceeds derived from the transfer of property other than property referred to in paragraphs 1 through 5 may be taxed in the only
side in which the transferor is a resident.
Article 14
Employment Income
1.
In addition to the application of Articles 15, Articles 17, Articles 18, Articles 19 and Articles 20 of the provisions, the salaries,
wages and other similar remuneration derived by a resident of one side due to an employment shall be taxable only in that sideexcept
the activities are pursued in the other side. If the activities are pursued in the other side, such remuneration as is derived therefrom
may be taxed in that other side.
2.
Notwithstanding the provisions of Paragraph 1 of this article, the remuneration derived by a resident of one side as regards an employment
exercised in the other side shall be taxable only in the first-mentioned side if the following three conditions are satisfied at
the same time:
(1)
The recipient is present in the other side for a total of less than 183 days consecutively within any 12 months after the beginning
or end of the taxable year concerned;
(2)
the remuneration is not paid by or on behalf of the employer by an employer who is not a resident of the other side;
(3)
the remuneration is not assumed by a permanent establishment which the employer has in the other side.
3.
Notwithstanding the aforesaid provisions of this Article, remunerations derived from an employment activity exercised in ships ,airplanes
or vehicles engaging in ocean shipping, air parcel or land transport operated by an enterprise of one side shall be taxable only
in that side.
Article 15
Director’s Fees
Director’s fees and other similar payments obtained by a resident
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Decree of the Ministry of Commerce, Ministry of Public Security, General Administration of Customs and the State Food and Drug Administration
No.9
The Interim Measures for the Check and Ratification of Export Enterprises of Ephedrine Chemicals Liable to Producing Narcotic Drugs
have been deliberated and adopted at the 5th ministerial meeting of the Ministry of Commerce on May 17, 2006. They are hereby promulgated
upon approval of the Ministry of Public Security, General Administration of Customs and the State Food and Drug Administration, and
shall come into force 30 days as of the promulgation date.
Bo Xilai, Minister of Commerce
Zhou Yongkang, Minister of Public Security
Mou Xinsheng, Director of the General Administration of Customs
Shao Mingli, Director General of the State Food and Drug Administration
October 10, 2006
Interim Measures for the Check and Ratification of Export Enterprises of Ephedrine Chemicals Liable to Producing Narcotic Drugs
Article 1
With a view to strengthening the export administration over ephedrine chemicals liable to producing narcotic drugs, regulating the
export business order of these chemicals and preventing them from flowing into illegal channels, the present Measures are constituted
under the Regulations on the Administration of Chemicals Liable to Producing Narcotic Drugs.
Article 2
The term “ephedrine chemicals liable to producing narcotic drugs” as mentioned in the present Measures means the ephedrine materials
and the saline chemicals (including pharmaceutical products and single preparations) listed at the attached list of the Regulation
on the Administration of Chemicals Liable to Producing Narcotic Drugs, such as ephedrine, pseudo ephedrine, mesoephedrine, phenylpropanolamine,
methylephedrine, ephedrine extractum, and ephedrine extractum powder.
Article 3
The ephedrine chemicals liable to producing narcotic drugs may be exported by the enterprises that have been checked and ratified
by the Ministry of Commerce together with the State Food and Drug Administration under present Measures.
The list of export enterprises of ephedrine chemicals liable to producing narcotic drugs shall be checked and ratified once every
two years, and shall be promulgated by the Ministry of Commerce in the form of public announcement.
Article 4
The Ministry of Commerce shall take charge of the administration on the check and ratification of export enterprises of ephedrine
chemicals liable to producing narcotic drugs of the whole nation. The competent departments for commerce of all provinces, autonomous
regions, municipalities directly under the Central Government and cities under separate state planning (hereinafter referred to as
provincial competent departments for commerce) shall take charge of the administration and other related work of the check and ratification
of export enterprises of ephedrine chemicals liable to producing narcotic drugs of their respective regions upon the entrustment
of the Ministry of Commerce.
Article 5
The customs declaration of the export of ephedrine chemicals liable to producing narcotic drugs shall be limited at the ports of
Beijing, Tianjin, Shanghai and Shenzhen, and the actual departure shall also be limited at the same port. The other customs shall
reject the export declaration business of these products.
Article 6
To apply for the check and ratification qualification of export enterprise of ephedrine chemicals liable to producing narcotic drugs,
an enterprise shall meet the following conditions:
(1)
having gone through the registration formalities for a foreign trade operator, or it is a foreign-funded enterprise established upon
the approval under law;
(2)
having no record of criminal penalty or administrative penalty by the related departments because of illegal operation within the
last three years;
(3)
having established and improved the special administration mechanism on the export of ephedrine chemicals liable to producing narcotic
drugs, and having special management personnel;
(4)
the legal representative and the management personnel shall have related knowledge and management experience on chemicals liable to
producing narcotic drugs; and
(5)
having relatively fixed channels for raw materials supply.
Article 7
The Ministry of Commerce shall produce a notice on qualification check and ratification three months before the expiration of the
time limit of the check and ratification. And the enterprises shall submit the documentary evidences as prescribed in Article 6
to the provincial competent departments for commerce within the time limit as stipulated in the notice.
If an applicant enterprise is a foreign-funded enterprise, it shall also submit the certificate of approval of foreign-funded enterprise
(photocopy) attached with the mark of passing the joint annual inspection, joint operation contract, report of assets examination
and business license (photocopy).
The provincial competent department for commerce shall, within 20 days as of the receipt of the related prescribed materials submitted
by the enterprise, complete the primary examination, where the applicant enterprise is determined as qualified in the primary examination.
And the department shall submit the opinions of primary examination and the related materials to the Ministry of Commerce for check
and ratification.
The Ministry of Commerce shall, within 20 days as of the receipt of the opinions of primary examination and the related materials,
in collaboration with the State Food and Drug Administration and the related experts, undertake comprehensive appraisal in light
of the basic conditions of enterprises, domestic and overseas drug prohibition situation, market status and the foreign trade order,
and may conduct first-hand investigation and check and ratify the export enterprises and publish the list thereof.
Article 8
An enterprise, which has obtained the qualification of an export enterprise of ephedrine chemicals liable to producing narcotic drugs
upon check and ratification (hereinafter referred to as ratified enterprise), shall apply for the export license of ephedrine chemicals
liable to producing narcotic drugs under the Regulation on the Administration of Chemicals Liable to Producing Narcotic Drugs and
the Regulation on the Administration of the Export and Import of Chemicals Liable to Producing Narcotic Drugs.
Article 9
The manufacture enterprises among the ratified enterprises may only export the self-produced ephedrine chemicals liable to producing
narcotic drugs; the circulating enterprises among the ratified enterprises may only purchase ephedrine chemicals liable to producing
narcotic drugs of the enterprises that have the permit to manufacture and manage ephedrine chemicals liable to producing narcotic
drugs to export.
Article 10
Ratified enterprises must establish special machine accounts for the export of ephedrine chemicals liable to producing narcotic drugs
to make detailed record of related export business activities, and keep the related records for two years for future reference.
Article 11
Ratified enterprises shall report the export situation of ephedrine chemicals liable to producing narcotic drugs of the previous
year to the provincial competent departments of commerce, public security departments and the food and drug supervision departments
prior to March 31 each year.
Article 12
Ratified enterprises shall be subject to the supervision and management of the competent departments of commerce and the food and
drug supervision departments.
Article 13
For the purpose of protecting ephedra herbal resources and the natural environment, the state shall prohibit the export of natural
ephedra herbal.
Article 14
In case an enterprise obtains the qualification of ratified enterprise by deceiving or other illegitimate means, the Ministry of
Commerce shall cancel its qualification of ratified enterprise under law, and may give a warning or impose a fine not more than 30,000
Yuan; the enterprise violating laws may not apply for the qualification of ratified enterprise again within three years thereafter.
Article 15
In case an enterprise violates Article 9 to Article 12 of the present Measures, the Ministry of Commerce shall order it to make
corrections within a certain time limit, and may give it a warning or impose a fine not more than 30,000 Yuan; if the enterprise
fails to do so within the time limit, the Ministry of Commerce may cancel its qualification of ratified enterprise.
Article 16
In case an enterprise exports chemicals liable to producing narcotic drugs by violating the Regulation on the Administration of Chemicals
Liable to Producing Narcotic Drugs, the Regulation on the Administration of the Export and Import of Chemicals Liable to Producing
Narcotic Drugs and the present Measures, it shall be handled under the related provisions of the Regulation on the Administration
of Chemicals Liable to Producing Narcotic Drugs and the Regulation on the Administration of the Export and Import of Chemicals Liable
to Producing Narcotic Drugs; the Ministry of Commerce may cancel its qualification of ratified enterprise according to the seriousness
of the circumstance.
Article 17
The original ratified export enterprises of ephedrine chemicals liable to producing narcotic drugs shall, within 60 days as of the
promulgation of the present Measures, apply for the ratification of qualification under the present Measures. In case an enterprise
fails to go through the related formalities within the prescribed time limit, its qualification ratified previously shall be cancelled.
Article 18
The present Measures shall come into force 30 days as of the promulgation date. The Circular on the Related Issues concerning the
Intensifying of the Administration on the Export of Ephedrine Products (Wai Jing Mao Guan Fa [1998] No. 573) shall be repealed concurrently.
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