Home German Laws Page 51

German Laws

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






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 side￿￿except
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

INTERIM MEASURES FOR THE CHECK AND RATIFICATION OF EXPORT ENTERPRISES OF EPHEDRINE CHEMICALS LIABLE TO PRODUCING NARCOTIC DRUGS

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.

 
The Ministry of Commerce, Ministry of Public Security, General Administration of Customs, the State Food and Drug Administration
2006-10-10

 




CIRCULAR OF THE CHINA INSURANCE REGULATORY COMMISSION CONCERNING THE ISSUANCE OF THE MEASURES FOR THE ADMINISTRATION OF CONCURRENT-BUSINESS INSURANCE AGENCIES AND CONDUCTING PILOT WORK

Circular of the China Insurance Regulatory Commission Concerning the Issuance of the Measures for the Administration of Concurrent-Business
Insurance Agencies and Conducting Pilot Work

Bao Jian Fa [2006] No.109

Beijing Insurance Regulatory Bureau and Liaoning Insurance Regulatory Bureau:

In order to further regulate the concurrent-business insurance agency market, promote concurrent-business insurance agencies to operate
in accordance with laws and regulations, improve regulatory efficiency as well as realize the goal of developing insurance industry
into a big and strong one in a fast and stable manner, China Insurance Regulatory Commission formulated the Trial Measures for the
Administration of Concurrent-Business Insurance Agencies (hereinafter referred to as Trial Measures) in order to significantly reform
the regulatory system of concurrent-business insurance agency, and decided to conduct pilot work in Beijing and Liaoning and will
promote it to the whole nation in case conditions are mature enough. We hereby issue these Trial Measures and inform the related
matters concerning the pilot work as follows:

1.

The application scope of these Trial Measures shall be limited to Beijing and Liaoning.

2.

Beijing Insurance Regulatory Bureau and Liaoning Insurance Regulatory Bureau (hereinafter referred to as the two pilot insurance regulatory
bureaus) shall know well the importance of reforming the regulatory system of concurrent-business insurance agency, pay high attention
to the pilot work, earnestly organize the pilot work and implement them as soon as possible so as to guarantee substantial results
to be achieved from the pilot work.

3.

The two pilot insurance regulatory bureaus shall do well in the prophase disseminating and promoting work of these Trial Measures,
shall, on the basis of these Trial Measures, formulate specific pilot plans and specific rules for their implementation as well as
adopt effective measures to advance step by step and by highlighting certain aspects.

4.

In the pilot process, any of the two pilot insurance regulatory bureaus may put forward opinions on further improving these Trial
Measures and the related suggestions on the pilot work to China Insurance Regulatory Commission.

The China Insurance Regulatory Commission

October 24, 2006



 
The China Insurance Regulatory Commission
2006-10-24

 







LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON ANTI-MONEY LAUNDERING

Order of the President of the People’s Public of China

No. 56

The Law of the People’s Republic of China on Anti-money Laundering adopted at the 24th session of the Standing Committee of the 10th
National People’s Congress of the People’s Republic of China is hereby promulgated and shall enter into effect as of January 1, 2007.

Hu Jingtao, President of the People’s Republic of China

October 31, 2006

Law of the People’s Republic of China on Anti-money Laundering

(Adopted at the 24th session of the Standing Committee of the 10th National People’s Congress)

Table of Contents
Chapter I General Provisions

Chapter II Supervision and Administration on Anti-money Laundering

Chapter III Obligations of Financial Institutions for Anti-money Laundering

Chapter IV Investigation on Anti-money Laundering

Chapter V International Cooperation on Anti-money Laundering

Chapter VI Legal Liabilities

Chapter VII Supplementary Provisions
Chapter I General Provisions

Article 1

For the purpose of preventing money-laundering, maintaining the financial order and restraining the crime of money-laundering and
other related crimes, the present Law is formulated.

Article 2

The term “anti-money laundering” as mentioned in the present Law refers to the act of adopting related measures in accordance with
the provisions of the present Law to prevent any money laundering activity so as to conceal or disguise, by all means, the sources
and nature of criminal proceeds generated from any drug crime, organized crime in the nature of gangland, crime of terrorism, crime
of smuggling, crime of corruption or bribery, crime of disrupting the financial management order, crime of financial fraud and etc..

Article 3

Financial institutions which are established within the territory of the People’s Republic of China or special non-financial institutions
that shall fulfill the obligations of anti-money laundering, shall adopt related prevention and supervision measures under law, establish
and improve the clients’ identity identification system, the preservation system of clients’ identity materials and transactional
records, the reporting system of large-sum transactions and doubtful transactions, and fulfill their respective anti-money laundering
obligations.

Article 4

The competent department for anti-money laundering of the State Council shall be responsible for anti-money laundering supervision
and administration throughout the country. The related departments and organs under the State Council shall, within their respective
scope of functions and duties, fulfill their obligations of anti-money laundering supervision and administration.

The competent department of anti-money laundering of the State Council, the related departments and organs under the State Council
and the judicial organs shall cooperate with each other in the anti-money laundering work.

Article 5

The identity material or transactional information of any client, which is acquired during the performance of the duties and functions
of anti-money laundering under law, shall be kept confidential. None of the aforesaid information may be provided to any entity or
individual unless it is admitted by related provisions of law.

The identity material and transactional information of any client, which is acquired by the competent department of anti-money laundering
or any other department or organ undertaking the obligation of anti-money laundering supervision and administration under law when
fulfilling their anti-money laundering functions and duties, shall only be used in the administrative investigation for anti-money
laundering.

The identity material and transactional information of any client as acquired by the judicial organ according to the present Law shall
only be used in the criminal litigation on anti-money laundering.

Article 6

The submission of a report on large-sum transaction or doubtful transaction under law by any organ or functionary bearing the anti-money
laundering obligation, shall be protected by law.

Article 7

In case any entity or individual finds any money laundering activity, it/he has the right to tip it off to the competent department
of anti-money laundering or to the public security organ. The organ accepting the tip-off shall keep confidential the tip-off maker
as well as the tipped￿Coff contents.

Chapter II Supervision and Administration on Anti-money Laundering

Article 8

The competent department for anti-money laundering of the State Council shall organize and coordinate the anti-money laundering work
throughout the country, take charge of the supervision over anti-money laundering funds, formulate the related anti-money laundering
regulations of financial institutions by itself or in collaboration with the related financial regulatory bodies under the State
Council, undertake supervision and examination on the performance of anti-money laundering obligations by financial institutions,
investigate into doubtful transactions within the power limit of its functions and duties, and fulfill other duties and functions
of anti-money laundering prescribed by law or by the State Council.

The organs dispatched by the competent department for anti-money laundering of the State Council shall, within their respective power
limits as authorized by the competent department for anti-money laundering of the State Council, undertake supervision and examination
on the performance of anti-money laundering obligations by financial institutions.

Article 9

The related financial supervision and administration institutions under the State Council shall take part in the formulation of anti-money
laundering regulations for financial institutions under their respective supervision and administration, require them to establish
and improve an internal control system of anti-money laundering and fulfill other duties and functions of anti-money laundering as
prescribed by law or by the State Council.

Article 10

The competent department for anti-money laundering of the State Council shall establish an Anti-money Laundering Information Center
to be responsible for accepting and analyzing the reports on large-sum transactions and doubtful transactions, report the analysis
results to the competent department for anti-money laundering of the State Council in light of the related provisions, and fulfill
other functions and duties as prescribed by the competent department for anti-money laundering of the State Council.

Article 11

The competent department for anti-money laundering of the State Council, in order to fulfill its duties and functions of supervising
anti-money laundering funds, may collect necessary information from related departments and organs of the State Council, which shall
provide assistance.

The competent department for anti-money laundering of the State Council shall circulate the anti-money laundering work to related
departments and organs of the State Council on a periodical basis.

Article 12

If the customs finds that any cash or secret securities carried by an individual exceed the prescribed sum, it shall report the case
to the competent department for anti-money laundering in a timely manner.

The standards of amount that shall be circulated in the preceding paragraph shall be prescribed by the competent department of anti-money
laundering of the State Council in conjunction with the General Administration of Customs.

Article 13

If the competent department for anti-money laundering or any other department or organ undertaking the obligation of anti-money laundering
supervision and administration under law finds any transaction involved in the crime of money laundering, it shall report it to the
investigation organ in time.

Article 14

If the related financial supervision and administration institution under the State Council conducts examination and approval of
the establishment of a new financial institution or establishment of any branch or sub-branch of a financial institution, it shall
examine the internal control system of anti-money laundering of the new institution and may not approve any application for establishment
that fails to accord with the provisions of the present Law.

Chapter III Obligations of Financial Institutions for Anti-money Laundering

Article 15

Financial institutions shall, in accordance with the provisions of the present Law, establish and improve their internal control
systems for anti-money laundering, and the principal thereof shall be responsible for the effective implementation of their internal
control systems for anti-money laundering.

Financial institutions shall establish special institutions of anti-money laundering or designate internal departments to be responsible
for anti-money laundering.

Article 16

Financial institutions shall establish a clients’ identity identification system in accordance with the related provisions.

If any financial institution establishes business relationship with a client or provides one-off financial services such as cash remittance,
cash conversion and bill payment beyond the prescribed amount, it shall require the client to show its/his authentic and effective
identity certificate or any other identity certification document, and make related verification and registration.

If a client entrusts an agent to deal with the transaction on its/his behalf, the related financial institution shall make verification
and registration of the identity certificates or other identity certification documents of both the agent and the principal at the
same time.

If a financial institution establishes business relationship of personal insurance or trust with his client, in case the contractual
beneficiary is not the client himself, the financial institution shall make verification and registration of the identity certificate
or any other identity certification document of the beneficiary as well.

Financial institutions may not provide any service to or make any trade with any client who fails to clarify his identity or establish
any anonymous or pseudonymous account.

If a financial institution has any doubt about the authenticity, effectiveness or integrality of a client’s identity material, it
shall check the client’s identity again.

In case any entity or individual establishes business relationship with any financial institution or requires it to provide any one-off
financial service, it/he shall provide its/his authentic and effective identity certificate or any other identity certification document.

Article 17

If a financial institution certifies the identity of its client through a third party, it shall be assured that the third party has
adopted measures for clients’ identity clarification as prescribed by the present Law. In case any third party fails to adopt the
measures for the clients’ identity clarification as prescribed by the present Law, the financial institution shall bear the liabilities
for its failure to fulfill the obligation of clarifying the client’s identity.

Article 18

Financial institutions when conducting the clarification of its clients’ identities, may, if it so requires, verify the related identity
information with departments such as the public security organ and the competent department for industry and commerce.

Article 19

Financial institutions shall establish a preservation system for its clients’ identity materials and transaction records.

During the existence of business relationship, any client’s identity material that changes shall be updated in time.

After the conclusion of any business relationship or transaction, the related clients’ identity materials or clients’ transaction
information shall be kept for at least 5 years.

If a financial institution goes bankrupt or is dissolved, it shall transfer the related clients’ identity materials and transaction
records to the institution designated by the related department of the State Council.

Article 20

Financial institutions shall, in light of the related provisions, carry out the reporting system of large-sum transactions and doubtful
transactions.

If any single transaction handled by a financial institution or the accumulated transaction within a prescribed time limit goes beyond
the prescribed sum, or if any doubtful transaction is found, it shall be timely reported to the Anti-money Laundering Information
Center.

Article 21

The specific measures for a financial institution to establish a clients’ identity clarification system and a preservation system
for its clients’ identity materials and transactional records shall be formulated by the competent department for anti-money laundering
of the State Council in conjunction with the related financial supervision and administration institution under the State Council.
The specific measures for reporting large-sum transactions and doubtful transactions by financial institutions shall be formulated
by the competent department for anti-money laundering of the State Council.

Article 22

Financial institutions shall, in light of the requirements for anti-money laundering prevention and supervision, carry out anti-money
laundering trainings and drumbeating.

Chapter IV Investigation on Anti-money Laundering

Article 23

If the competent department of anti-money laundering of the State Council or any its provincial dispatched organs finds any doubtful
transaction, if an investigation and verification is therefore required, it may conduct an investigation into the related financial
institutions which shall provide assistance and faithfully provide the related documents and materials.

For the investigation into any doubtful transaction, there shall be not less than 2 investigators, who shall show their legal certificates
and the investigation notice produced by the competent department for anti-money laundering of the State Council or the organ dispatched
thereof at the provincial level. In case the investigators are fewer than 2, or the related legal certificate or investigation notice
fails to be shown, the financial institution subject to investigation has the right to refuse the investigation.

Article 24

For the investigation into any doubtful transaction, the related investigators may inquire of the related personnel of related financial
institutions about related information.

A transcript shall be made for an inquiry, and shall be checked against the person being inquired. In the case of any omission or
mistake in the transcript, the person being inquired may request for supplementation or correction. After the person being inquired
confirms that the transcript is inerrant, he shall render his signature or seal thereto. And the related investigators shall render
their signatures onto the transcript as well.

Article 25

If a further examination is required during an investigation, the investigator may, upon the approval of the principal of the competent
department for anti-money laundering of the State Council or the organ dispatched thereof at the provincial level, consult and photocopy
the related account information, transactional records and any other related materials of the inquired institution or persons, and
may seal up any document or material that may be transferred, concealed, sophisticated or destroyed.

If an investigator seals up any document or material, he shall, together with the related personnel of the investigated financial
institution on the spot, check them out and produce a checklist in duplicate, to which the signatures or seals of investigators and
personnel of the financial institutions on the spot shall be rendered. One copy shall be delivered to the financial institution,
and the other be attached to the related file for reference.

Article 26

In case any suspicion of money laundering can still not be cleared off upon investigation, the case shall be reported to the competent
investigation organ immediately. If any client requires transferring the account capital as involved in the investigation to a foreign
country, temporary freezing measures may be adopted, upon the approval of the principal of the competent department for anti-money
laundering of the State Council.

After the investigation organ receives a case, it shall timely decide whether or not to further freeze the capital as temporarily
frozen up in accordance with the provisions of the preceding paragraph. If it deems that it is necessary to continue freezing the
capital, freezing measures shall be adopted according to the provisions of the Criminal Litigation Law. In case it deems that it
is unnecessary to freeze the capital any more, it shall immediately notify the competent department for anti-money laundering of
the State Council, which shall immediately notify the related financial institution to lift the freeze.

The temporary freezing shall not exceed 48 hours. If a financial institution does not receive any notice on continuing freezing from
the investigation organ within 48 hours after it adopts temporary freezing measures pursuant to the requirements of the competent
department for anti-money laundering of the State Council, it shall immediately lift the freeze.

Chapter V International Cooperation on Anti-money Laundering

Article 27

The People’s Republic of China shall, in light of the international treaties that China has concluded or acceded to or according
to the principles of equality and reciprocity, carry out the international cooperation on anti-money laundering.

Article 28

The competent department for anti-money laundering of the State Council shall, pursuant to the authorization of the State Council,
represent the Chinese government to make anti-money laundering cooperation with foreign governments and related international organizations,
exchange the related information and materials involved in anti-money laundering with overseas anti-money laundering institutions
under law.

Article 29

Juridical assistance for investigation into any crime of money laundering shall be made by the judicial organ in accordance with
the provisions of related laws.

Chapter VI Legal Liabilities

Article 30

If any functionary of the competent department for anti-money laundering or any other department or organ undertaking the functions
and duties of anti-money laundering supervision and administration is under any of the following circumstances, an administrative
sanction shall be imposed upon under law:

(1)

making examination, investigation or adopting any temporary freezing measures in violation of the related provisions;

(2)

divulging any state secret, commercial secret or individual privacy, which he has access to in his anti-money laundering work;

(3)

imposing any administrative punishment on the related institution and personnel in violation of the related provisions; or

(4)

having any act of failing to perform his duties and functions under law.

Article 31

If a financial institution has any of the following acts, the competent department for anti-money laundering of the State Council
or the dispatched organ authorized thereof at or above the districted city level shall order it to make corrections within a time
limit. If the circumstance is serious, it shall advise the related financial supervision and administration institution to order
the related financial institution to give a disciplinary sanction to its directly liable chairperson, senior managers or any other
person directly responsible under law:

(1)

failing to establish an internal control system of anti-money laundering according to the related provisions;

(2)

failing to establish a special institution for anti-money laundering or designate an internal department to take charge of anti-money
laundering; or

(3)

failing to conduct anti-money laundering trainings to its employees according to the related provisions.

Article 32

If a financial institution is under any of the following circumstances, the competent department for anti-money laundering of the
State Council or the dispatched organ authorized thereof at or above the districted city level shall order it to make corrections.
If the circumstance is serious, a fine of 20, 000 Yuan up to 50, 000 Yuan shall be imposed on the financial institution and a fine
of 10, 000 Yuan up to 50, 000 Yuan shall be imposed upon its directly liable chairman, senior managers or any other person directly
responsible:

(1)

failing to fulfill the obligation of certifying any clients’ identity according to the related provisions;

(2)

failing to preserve the clients’ identity materials and transactional records according to the related provisions;

(3)

failing to make related reports on large-sum transactions or doubtful transactions according to the related provisions;

(4)

trading with any client who fails to clarify its/his identity or establishes any anonymous account or pseudonymous account therefor;

(5)

violating the related confidential provisions or divulging any related information;

(6)

refusing or retarding any anti-money laundering examination or investigation; or

(7)

refusing to provide any investigation material or providing any false material on purpose.

If a financial institution has any of the aforesaid acts and thus results in the consequence of money laundering, a fine of 500, 000
Yuan up to 5, 000, 000 Yuan shall be imposed upon the financial institution and a fine of 50, 000 Yuan up to 500, 000 Yuan shall
be imposed upon its directly liable chairman, senior managers or any other person directly responsible. If the circumstance is serious,
the competent department for anti-money laundering may advise the related financial supervision and administration institution to
order the financial institution to suspend its business for rectification or to revoke its business license.

As to the directly liable chairman, senior managers or any other person directly responsible of a financial institution as prescribed
in the preceding two paragraphs, the competent department of anti-money laundering may advise the related financial supervision and
administration institution to order the financial institution to give a disciplinary sanction thereto or revoke his qualification
to hold a post and prohibit him from engaging in any financial work.

Article 33

If anyone violates the provisions of the present Law and thus a crime is constituted, he shall be subject to criminal liabilities
under law.

Chapter VII Supplementary Provisions

Article 34

“Financial institutions” as mentioned in the present Law refer to the policy banks, commercial banks, credit cooperatives, post savings
institutions, trust investment companies, securities companies, futures brokerage companies, insurance companies and any other institution,
which have been determined and publicized by the competent department for anti-money laundering of the State Council to engage in
financial undertakings.

Article 35

The scope of the special non-financial institutions that shall perform the obligation of anti-money laundering, the specific anti-money
laundering obligations thereof and the specific measures for supervision and administration on special non-financial institutions
shall be formulated by the competent department for anti-money laundering of the State Council in conjunction with the related departments
of the State Council.

Article 36

The supervision over any fund suspected of being involved in any terrorism activity shall be subject to the present Law. If there
is any other provision in this regard, such provision shall prevail.

Article 37

The present Measures shall enter into effect as of January 1, 2007.



 
The Standing Committee of the National People’s Congress
2006-10-31

 







GUIDING OPINIONS OF THE PEOPLE’S BANK OF CHINA ON PROMOTING THE DEVELOPMENT OF THE COMMERCIAL ACCEPTANCE BILL BUSINESS

Guiding Opinions of the People’s Bank of China on Promoting the Development of the Commercial Acceptance Bill Business

Yin Fa [2006] No. 385
November 9, 2006

A commercial acceptance bill is a bill issued by a legal person or other organization, accepted by a non-bank payer, under which the
payer shall unconditionally pay a determined amount to the payee or the holder on a designated date. A commercial acceptance bill
is a credit payment instrument on the basis of commercial credit, and is of clearly rights and obligations, agreeable date payment,
negotiable discount, and so on. The dissemination of using commercial acceptance bills is instrumental in enriching the ways of enterprise
payment, and coordinating production, supply and sale of the enterprises; it is instrumental in alleviating inter-enterprise payments
default, and safeguarding the commodity transaction order to be normal and smooth; it is instrumental in promoting the organic combination
of the bank credit with the enterprise commercial credit, and alleviating the contradictions of difficult financing in medium and
small enterprises; it is instrumental in promoting the conversion of commercial credit into bills, enriching the instruments in the
bill market, and promoting the development of the bill market; it is also instrumental in establishing and perfecting a sound credit
mechanism, strengthening social credit consciousness, and advancing the social credit level.

In recent years, the commercial bill business in China has been rapidly developed, and the scale of acceptance, discount and inter-bank
discount of commercial bills has been continuously enlarged. These developments have played a positive role in facilitating enterprise
payments settlement, broadening enterprise financing channels, and improving the quality of credit assets of commercial banks. Nevertheless,
a structural contradiction is prominent among commercial bills, which is bank acceptance bills occupying an excessive large proportion
while commercial acceptance bills occupying an excessive small proportion. For the purpose of further enhancing the efficiency of
settlement for enterprises, adjusting the category structure of commercial bills, leading and encouraging the development of commercial
credit, and bringing into play the promoting function of commercial acceptance bills to social and economic development, we hereby
bring forward these opinions as follows.

1.

To stimulate the initiative of all sectors, and establish a sound mechanism for disseminating commercial acceptance bills effectively.

The People’s Bank of China shall organize commercial banks to draw up and disseminate the specific implementation schemes on using
commercial acceptance bills, select and encourage some enterprises with sound credit and stable production, supply and sale to issue,
receive and transfer commercial acceptance bills in commodity transactions or labor service supply; it shall, by making key demonstrations
and by fanning out from point to area, stimulate other enterprises to make wide use of commercial acceptance bills under the development
of commercial acceptance bill business between high quality enterprises and their upstream or downstream enterprises; it shall, in
accordance with the macro-control policies and industrial development policies of the state, adjust measures to local conditions,
and provide re-discount supports to the commercial acceptance bills issued to enterprises with good credit; it shall create conditions
to improve the establishment of a convenient inquiry platform for the commercial acceptance bill business, and to reduce the transaction
cost for the commercial acceptance bill business; it shall, subject to the principle of balancing cost, income and risk as well as
helping to bring into play the initiatives of all sectors, research and explore a reasonable price mechanism for promoting the development
of the commercial acceptance bill business.

Commercial banks shall change their concepts, innovate the implementation forms of the commercial acceptance bill business, seek a
new profit growth point, and carry out the win-win relationship between banks and enterprises; they shall continuously explore the
establishment of institutions dealing exclusively in bills, expand and perfect the business scope of the institutions dealing exclusively
in bills, and promote the specialized and intensive of the bill business; they shall strongly disseminate the mode of bank credit
boosting enterprise commercial credit, explore the combination of letter of guaranty business, bill surety business with the commercial
acceptance bill business, and provide surety or discount surety or any other form to enhance the credit guaranty extent of commercial
acceptance bills; they shall do well in credit granting of commercial acceptance bills, and provide discount supports to the commercial
acceptance bills issued by enterprises with good credit.

Enterprises may, according to the trait of commercial acceptance bill that may be paid on an agreed date, pay by issuing commercial
acceptance bills when postponing the payment. Qualified medium and small enterprises may select enterprises with sound credit and
abundant funds to be sureties of commercial acceptance bills in order to enhance the bill credit and promote the circulation of commercial
acceptance bills accepted by medium and small enterprises. The entity payees are encouraged to, on the basis of fully knowing the
credit conditions of the entity payers, receive commercial acceptance bills, reduce oral credit and open-account credit, and increase
the ratio of contract performance.

2.

To fully bring into play the functions of the basic database of enterprise credit information, and boost the confidence of enterprises
in receiving commercial acceptance bills.

The People’s Bank of China shall research and push the use of enterprise credit information in the commercial acceptance bill business,
by strengthening publicity, lead and encourage commercial banks and enterprises to, when handling the commercial acceptance bill
business, use the basic enterprise credit information database in accordance with relevant laws, and provide credit inquiry supports
for disseminating commercial acceptance bills. It shall, in a planned way, organize intermediaries with public trust to develop the
credit rating on enterprises, and promote the combination of rating results with bank credit supports. It shall continuously enhance
the collection of enterprise credit information, enlarge the scope of information gathering, collect the information on opening and
using bank settlement accounts in disregard of the relevant rules and regulations, on making payments by breach of contract, on evasion
of debts, on defaulting on tax payment, and etc., and reveal the said information in suitable ways.

Commercial banks shall enhance collection, processing, analysis and use of the information about clients’ payment and settlement credit,
follow up and know about the information on issuing, accepting and cashing commercial acceptance bills by enterprises, and initiatively
submit the information of the commercial acceptance bill acceptors on undesirable payments and any other credit information to the
People’s Bank of China. The deposit bank of the commercial acceptance bill acceptor shall coordinate with the reasonable inquiries
of the deposit bank or discount bank of the holder.

The drawers and acceptors of commercial acceptance bills are encouraged to make credit rating, and the results of which shall be included
into the basic database of enterprise credit information and be able to inquiry in accordance with relevant laws. When an enterprise
handles the commercial acceptance bill business, the drawer and the acceptor shall strictly abide by the settlement principle of
maintenance of commitments, and making payments subject to the contract, and fully cash the due commercial acceptance bills in a
timely manners, so as to create good enterprise credit culture, advance their own brands and prestige, and thus improve the social
credit.

3.

To establish an effective mechanism on discipline against breach of contract in making payments, and urge the commercial acceptance
bill acceptors to make payments and to perform contracts.

The People’s Bank of China shall adopt specific measures purposefully, gradually establish information archives of commercial acceptance
bill business within its jurisdiction, and do well in monitoring and analyzing the commercial acceptance bill business within its
jurisdiction; it shall build up a blacklist of those which unreasonably refuse and delay the payments under commercial acceptance
bills, regularly publicize the blacklist, enhance the concern of the society to the payments in breach of contracts, and intensify
efforts in the discipline on the enterprises with breach of contracts.

If any payer to a due commercial acceptance bill deliberately postpones or unreasonably refuses the payment thereunder, the People’s
Bank of China shall, subject to Article 33 of the Measures for the Implementation on the Administration of Negotiable Instruments,
impose a fine upon him at 0.07% of the amount on the bill per day.

Where any payer repeatedly refuses or delays the payment without any justifiable reason, the commercial bank concerned shall stop
the discount, surety or discount surety, and etc. of commercial acceptance bills for the said payer, it may also suspend the settlement
business of partial or all payments.

4.

To do well in risk prevention and control in the commercial acceptance bill business, and safeguard the healthy development of the
commercial acceptance bill business.

The People’s Bank of China shall enhance the supervision and control of the commercial acceptance bill business. It shall release
the risk information on the commercial acceptance bill business in a timely manner, make necessary risk presentations, and guide
enterprises to handle the commercial acceptance bill business correctly.

Commercial banks shall intensify the risk management of commercial acceptance bills. They shall strictly examine the genuine trade
background, prevent obtaining bank discount fund using commercial acceptance bills or any other act in violation of any law or rule;
they shall perfect the qualification examination procedures, earnestly investigate the credit and debt repayment capacities of the
acceptance enterprises and the enterprises applying for discount, and grant credit prudentially to enterprises with poor credit standing
and financial conditions, avoid adding non-performing assets; they shall include the quota of credit for discount, surety or discount
surety of commercial acceptance bills into the comprehensive credit quota for management, control the total amount, and adjust dynamically
at proper times in accordance with the conditions of the acceptance enterprises and the enterprises applying for discount in respect
of finance, credit and business operation, and etc.

When an enterprise uses a commercial acceptance bill, it needs to master the basic knowledge on risk prevention and control in the
commercial acceptance bill business, to get familiar with all provisions on issuance, acceptance, endorsement and discount of commercial
acceptance bills, and perform the commercial acceptance bill business accurately; it shall strictly follow the requirements on genuine
trade background, eliminate obtaining bank funds by using associated relationships to fabricate transactions. When an enterprise
accepts a commercial acceptance bill, it shall consider its own fund strength, and avoid blind acceptance or expansion of debts.
When an enterprise receives a commercial acceptance bill, it shall pay attention to examine the authenticity of the bill and the
credit standing of the acceptor carefully, so as to prevent bill risks.

5.

To enhance the propaganda and trainings on the commercial acceptance bill business, and popularize the knowledge on the commercial
acceptance bill business.

The People’s Bank of China shall organize and coordinate commercial banks to face the public and widely implement the propaganda and
trainings on the commercial acceptance bill business by adopting various forms. It shall publicize the significance and functions
of commercial acceptance bills in providing enterprises with convenience of settlement and financing, as well as the functions of
enriching enterprise payment settlement instruments, enhancing the enterprise fund use efficiency, improving enterprise image and
enhancing enterprise credit.

Commercial banks shall fully use the direct relationships between banks and enterprises, and shall start from providing clients with
more and better payment settlement services, intensify the propaganda and trainings for the accounting staff of enterprises by various
means, and enable them to know the negotiable instrument business well, especially the basic knowledge and operational procedures
on commercial acceptance bills; they shall lead enterprises, in accordance with their economic activities, to use commercial acceptance
bills more frequently; they shall help the accounting staff of enterprises in grasping the methods and skills in identifying genuine
bills from fake ones, so as to be able to operate negotiable instrument business correctly, avoid receiving fake or blemished bills
and promote the circulation of the bills.



 
People’s Bank of China
2006-11-09

 







CIRCULAR OF CHINA INSURANCE REGULATORY COMMISSION ON REINFORCING THE INFORMATION DISCLOSURE OF THE REINSURANCE TRANSACTIONS BETWEEN FOREIGN-FUNDED INSURANCE COMPANIES AND THE ASSOCIATED ENTERPRISES THEREOF

Circular of China Insurance Regulatory Commission on Reinforcing the Information Disclosure of the Reinsurance Transactions between
Foreign-funded Insurance Companies and The Associated Enterprises Thereof

Bao Jian Fa [2006] No. 116

Each foreign-funded insurance company:

For the purpose of reinforcing the supervision and administration of the reinsurance transactions between foreign-funded insurance
companies and the associated enterprises thereof, this Commission determines to further enhance the requirements on related information
disclosure. We hereby inform the concrete items as follows:

1.

In case a foreign-funded insurance company conducts transactions of facultative reinsurance (including facultative obligatory reinsurance)
with its associated enterprises, it shall, within 30 days as of the end of each quarter, report to China Insurance Regulatory Commission
each transaction of facultative reinsurance becoming effective within the quarter. Such items shall be included:

(1)

Processes of the inquiries and its opponents’ offers;

(2)

Reasons for selecting these associated enterprises;

(3)

Main reinsurance terms, containing the insurance products involved, the risk station of the insurance objects, reinsurance form, as
well as the premium ceded in or out;

(4)

Explanation on whether the insurance liabilities assumed by the ceding party and the ceded party are similar;

(5)

Amount of the premium ceded in or out, payment mode and amount of commission charge for a proportional reinsurance; and

(6)

Arrangement of each the proportional reinsurance in relation to a nonproportional reinsurance.

2.

In case a foreign-funded insurance company has any transaction of contract reinsurance with any of its affiliated enterprises, it
shall, within three months since the day when the contract becomes effective, report it to China Insurance Regulatory Commission.
The following items shall be included:

(1)

Processes of the inquiries and its opponents’ offers ;

(2)

Reasons for selecting this associated enterprise;

(3)

Main reinsurance terms, containing the insurance products involved and the reinsurance form;

(4)

Amount and payment mode of commission charge for a proportional reinsurance, the calculating method and payment mode for profit commission;

(5)

As regards a proportional reinsurance, where the insurance liabilities assumed by the ceding party and the ceded party are not similar,
a pricing report signed by a liable actuary or provided by a third party (such as an actuarial consultation company, similar as follows)
shall be provided, which shall contain the insurance liabilities of both the ceding party and the ceded party, the pricing of the
original guarantee slip as well as the pricing of the reinsurance;

(6)

As regards a nonproportional insurance, a pricing report signed by a liable actuary or provided by a third party shall be provided.

As regards Items (5) and (6) of this Article, where any of the following conditions is met, it is only necessary to report the price
of the contract reinsurance and the quota of the reinsurer:

(a)

the associated party is not the top reinsuerer of the contract;

(b)

the quota held by the associated party in the contract dose not exceed 50%, as regards a multilayer nonproportional contract, the
quota held by the associated party in each layer dose not exceed 50%.

3.

As regards a transaction of contract reinsurance between a foreign-funded insurance company and any of its associated enterprise,
the following contents shall, in light of different accounting methods, be reported:

(1)

As regards a transaction of contract reinsurance of health insurance, accident insurance or life insurance (excluding YRT) conducted
on a business year basis, the insurance period of the original guarantee slip on long-term health insurance, long-term accident insurance
or long-term life insurance shall be reported;

(2)

As regards a transaction of contract reinsurance (excluding excess of loss reinsurance per risk and per accident) conducted on an
accident year basis, the undue liability reserve report related to this contract and signed by a liable actuary or provided by a
third party shall be provided, which shall contain the preparation method and the transfer-in amount of the undue liability reserve;

(3)

As regards a transaction of contract reinsurance conducted on the basis of accounting year, the undue liability reserve report and
the outstanding loss reserve report related to this contract and signed by a liable actuary or provided by a third party shall be
provided, which shall contain the preparation method and the transfer-in amount of the undue liability reserve and that of the outstanding
loss reserve.

4.

As regards a reinsurance mode under which the ceding company draws some or all reserves that ought to be drawn by the ceded company,
the following contents shall also be reported, in addition to the contents provided for in Article 1 or 2:

(1)

Hypothetical interest rate based on which the pricing of the original guarantee slip is made; and

(2)

Interest rate of the reserves drawn by the ceding company.

5.

A foreign-funded insurance company shall report to China Insurance Regulatory Commission the written and electronic documents of the
Quarterly Statistics of the Reinsurance Transactions Between Foreign-funded Insurance Companies and the Associated Enterprise Thereof
within 30 days as of the end of each quarter. The Statistics shall list each transactions conducted from the beginning of the year
till the end of the said quarter and separately list the transactions conducted with each associated enterprise.

6.

A foreign-funded insurance company shall report to China Insurance Regulatory Commission the written and electronic documents of the
Anual Statistics of the Reinsurance Transactions Between Foreign-funded Insurance Companies and the Associated Enterprise Thereof
prior to April 30 each year. The Statistics shall list each transactions conducted in the preceding two years and separately list
the transactions conducted with each associated enterprise.

7.

A reinsurance transaction approved by China Insurance Regulatory Commission shall be strictly according to the related requirements
of the Provisions on Administrating Reinsurance Business (Decree No.2, 2005 of China Insurance Regulatory Commission).

8.

The term “foreign-funded insurance company” as referred to in the present Circular means the solely foreign-funded insurance companies,
Chinese and foreign equity joint insurance companies and branches of foreign insurance companies that are set up or operate within
the territory of China upon approval and according to the related laws and administrative regulations of the People’s Republic of
China.

9.

The present Circular shall go into effect as of January 1, 2007. Where any previous provision of China Insurance Regulatory Commission
concerning the associated reinsurance transactions of foreign-funded insurance companies conflicts with the present Circular, the
latter shall prevail.

Affix:

1.

Quarterly Statistics of the Reinsurance Transactions Between Foreign-funded Insurance Companies and the Associated Enterprise Thereof
(omitted )

2.

Annual Statistics of the Reinsurance Transactions Between Foreign-funded Insurance Companies and the Associated Enterprise Thereof
(omitted )

The China Insurance Regulatory Commission

Nov. 17, 2006



 
The China Insurance Regulatory Commission
2006-11-17

 







ANNOUNCEMENT OF THE NATIONAL DEVELOPMENT AND REFORM COMMISSION OF THE PEOPLE’S REPUBLIC OF CHINA

Announcement of the National Development and Reform Commission of the People’s Republic of China

For the purpose of appraising the level of clean production of enterprises, the National Development and Reform Commission has, in
accordance with the requirements as provided for in the Law of the People’s Republic of China on Promoting Clean Production and the
Circular of the General Office of the State Council concerning Transferring the Opinions of the National Development and Reform Commission
and other Departments on Accelerating the Promotion of Clean Production(Guo Ban Fa [2003]No.100), formulated the System of Appraisal
Indicators of Clean Production for Printing and Dying Industry(for Trial Implementation), System of Appraisal Indicators of Clean
Production for Chromic Salt Industry(for Trial Implementation), System of Appraisal Indicators of Clean Production for Sodium Hydroxide/PVC
Industry(for Trial Implementation), System of Appraisal Indicators of Clean Production for Pulping and Paper Making Industry(for
Trial Implementation), System of Appraisal Indicators of Clean Production for Aluminium Industry(for Trial Implementation), System
of Appraisal Indicators of Clean Production for Battery Industry(for Trial Implementation) and the System of Appraisal Indicators
of Clean Production for Coal Industry(for Trial Implementation). They are publicized hereby and shall come into force as of the date
of promulgation.

Appendixes:

1.

System of Appraisal Indicators of Clean Production for Printing and Dying Industry (for Trial Implementation) (Omitted);

2.

System of Appraisal Indicators of Clean Production for Chromic Salt Industry (for Trial Implementation) (Omitted);

3.

System of Appraisal Indicators of Clean Production for Sodium Hydroxide/PVC Industry (for Trial Implementation) (Omitted);

4.

System of Appraisal Indicators of Clean Production for Pulping and Paper Making Industry (for Trial Implementation) (Omitted);

5.

System of Appraisal Indicators of Clean Production for Aluminium Industry (for Trial Implementation) (Omitted);

6.

System of Appraisal Indicators of Clean Production for Battery Industry (for Trial Implementation) (Omitted); and

7.

System of Appraisal Indicators of Clean Production for Coal Industry (for Trial Implementation) (Omitted).

The National Development and Reform Commission of the People’s Republic of China

December 1, 2006



 
The National Development and Reform Commission of the People’s Republic of China
2006-12-01

 







PRELIMINARY RESULTS OF WINNING OF BID OF THE FIRST NEGOTIATED BIDDING OF TEXTILES EXPORTED TO EU & THE USA OF 2007

Preliminary Results of Winning of Bid of the First Negotiated Bidding of Textiles Exported to EU & the USA of 2007

According to the relevant provisions of the Announcement of Ministry of Commerce on the First Negotiated Bidding of Textiles Exported
to EU & the USA of 2007, this Office hereby promulgates the Preliminary Results for Winning of Bid of the First Negotiated Bidding
of Textiles Exported to EU & the USA of 2007. If an enterprise has any question on the results of winning of bid, it may file
a written application with the Bidding Office within two days; overdue applications will not be accepted.

Tel of Committee for the Invitation for Bid for Export Commodity Quotas: 010-67739327, 67739213, 67739208

Fax: 010-67719297

Appendix: Preliminary Results of Winning of Bid of the First Negotiated Bidding of Textiles Exported to EU & the USA of 2007

Committee for the Invitation for Bid for Export Commodity Quotas

December 8, 2006



 
Committee for the Invitation for Bid for Export Commodity Quotas
2006-12-08

 







ANNOUNCEMENT NO.99, 2006 OF THE MINISTRY OF COMMERCE AND THE STATE ADMINISTRATION OF TAXATION ON ANNOUNCING THE CATALOG OF COMMODITIES UNDER THE IMPORT LICENSE MANAGEMENT IN 2007

Announcement No.99, 2006 of the Ministry of Commerce and the State Administration of Taxation on Announcing the Catalog of Commodities
under the Import License Management in 2007

[2006] No.99

According to 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, the Catalog of Commodities under the Import License Management in 2007 (see the Appendix) is hereby
promulgated, and the related matters are announced as follows:

The commodity that is to be managed under the import license in 2007 is of only one sort, namely, Ozonosphere-damaging stuff, totaling
10 8-degit HS codes.

This Catalog shall be implemented as of January 1, 2007, and the Catalog of Commodities under the Import License Management in 2006
shall be abolished simultaneously.

Annex: Catalog of Commodities under the Import License Management in 2007 (Omitted)

The Ministry of Commerce, the State Administration of Taxation

December 14, 2006



 
The Ministry of Commerce, the State Administration of Taxation
2006-12-14

 







DECISION OF THE MINISTRY OF JUSTICE CONCERNING THE AMENDMENT OF THE MEASURES FOR ADMINISTERING THE REPRESENTATIVE OFFICES OF THE LAW FIRMS OF HONG KONG SPECIAL ADMINISTRATIVE REGION AND MACAO SPECIAL ADMINISTRATIVE REGION LOCATED IN THE MAINLAND

Decree No. 104 of the Ministry of Justice

No. 104

The Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering the Representative Offices of the
Law Firms of Hong Kong Special Administrative Region and Macao Special Administrative Region Located in the Mainland has been adopted
at the executive meeting of the Ministry of Justice upon deliberation on December 1, 2006. It is hereby promulgated and shall come
into force on January 1, 2007.
Minister Wu Aiying

December 22, 2006

Decision of the Ministry of Justice Concerning the Amendment of the Measures for Administering the Representative Offices of the Law
Firms of Hong Kong Special Administrative Region and Macao Special Administrative Region Located in the Mainland

For the purpose of promoting the closer economic partnership between Hong Kong, Macao and Mainland, and in accordance with the Supplementary
Agreement III on the Arrangement of Hong Kong/Mainland Closer Economic Relationship and the Supplementary Agreement III on Macao/Mainland
Closer Economic Partnership Arrangement as approved by the State Council, we decided to amend Article 19 in the Measures for the
Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong Special Administrative
Region and the Macao Special Administrative Region as follows: “Any representative of a representative office has the right to determine
the time for residing in the Mainland on his own initiative.”

The present Decision shall be enter into force as of January 1, 2007.

The Measures for the Administration of the Representative Offices Stationed in the Mainland of China by Law Firms of the Hong Kong
Special Administrative Region and the Macao Special Administrative Region (Promulgated by Order No.70 of the Ministry of Justice
and Amended by Order No. 84 of the Ministry of Justice) shall be revised correspondingly in accordance with the present Decision
and promulgated again.



 
The Ministry of Justice
2006-12-22

 







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...