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CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON CARRYING OUT THE PILOT WORK ON TRANSFERRING THE EXAMINATION AND APPROVAL POWER CONCERNING THE TAX REFUND (EXEMPTION) ON EXPORTED GOODS TO LOWER LEVELS

Circular of the State Administration of Taxation on Carrying out the Pilot Work on Transferring the Examination and Approval Power
concerning the Tax Refund (Exemption) on Exported Goods to Lower Levels

Guo Shui Han [2006] No.502

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

With a view to optimizing the export tax refund service and further strengthening the connection between tax collection and tax refund,
the State Administration of Taxation, upon study, decides to implement the pilot work on transferring the examination and approval
power concerning the tax refund (exemption) on exported goods to lower levels, and hereby notifies the relevant issues as follows:

I.

Definition of and Qualifications for the Transfer of Examination and Approval Power to Lower Levels

The “transfer of examination and approval power concerning tax refund (exemption) on exported goods to lower levels” refers to the
transfer of the examination and approval power concerning tax refund (exemption) on exported goods to the taxation organs at the
level of county (district, banner and county-level city, similarly hereinafter) from the taxation organs at or above the level of
districted city or autonomous prefecture (hereinafter referred to as the municipal taxation organ). The qualifications for the transfer
shall be that the amount of export tax refund (exemption) of the taxation organ at the county level has reached a certain scale,
the taxation organ has established a special management institution for export tax refund or arranged full-time managers for export
tax refund and the post configuration meets the requirements for supervision and restriction.

II.

Pilot Scope

1.

The pilot scope for the transfer of examination and approval power concerning production enterprises to lower levels

a.

Zhejiang Province and Jiangsu Province are the pilot provinces. Except few unqualified cities of the pilot provinces, all other cities
shall be generally incorporated into the pilot scope, and the specific scope for the transfer of examination and approval power concerning
the tax refund (exemption) on exported goods of production enterprises to lower levels shall be determined by the state taxation
bureau at the provincial level.

b.

With a view to accumulating experience and doing a good job in the following promotion work, other provinces (provinces and autonomous
regions, similarly hereinafter) may, in light of their respective actual situations, choose one or two cities for the pilot transfer
of examination and approval power on production enterprises to lower levels. And some unqualified provinces may not carry out the
pilot work for the time being.

c.

Any county, to which the examination and approval power has been transferred, shall establish a special management institution for
export tax refund or arrange two or more full-time managers for export tax refund.

Where any county within the jurisdiction of a pilot city cannot meet the said qualifications, the foresaid examination and approval
power shall still be exercised by the municipal taxation authority.

2.

The pilot scope for the transfer of examination and approval power concerning foreign trade enterprises to lower levels

(1) Zhejiang, Jiangsu, Guangdong and Shandong Provinces may choose one or two counties that can simultaneously meet the following
qualifications for the transfer of examination and approval power concerning the export tax refund to foreign trade enterprises to
lower levels.

a.

There are ten or more foreign trade enterprises within the jurisdiction;

b.

The annual export amount of its subordinate foreign trade enterprises is up to 100 million US Dollars or more; and

c.

A special export tax refund management institution has been established and has five or more full-time persons for export tax refund
management.

(2) Other provinces may not carry out the pilot transfer of examination and approval power concerning foreign trade enterprises to
lower levels for the time being.

3.

All the municipalities directly under the Central Government and the cities under separate state planning shall not carry out the
pilot transfer of examination and approval power to lower levels for the time being.

III.

Requirements for the Pilot Work

1.

After the transfer of the examination and approval power to lower levels, the management power for tax exemption, deduction and transfer
shall still be in the charge of the taxation organ of municipal level, and the planned management of tax exemption, deduction and
transfer shall also be strengthened.

2.

The pilot work shall be conducted in light of the specific situations. Where the personnel, their qualities and other aspects do
not meet the requirements, the pilot work shall not be conducted.

3.

After the transfer of the examination and approval power to lower levels, all the regions shall, in light of the actual situations
of their respective regions, further specify the duties concerning the export tax refund management at the levels of province, municipality
and county, and formulate corresponding management rules on export tax refund.

IV.

All regions shall attach great importance to the pilot work on the transfer of examination and approval power concerning the tax
refund (exemption) on exported goods to lower levels. And the leaders of local bureaus who are in charge of export tax refund shall
take command in person, strengthen the internal coordination, formulate practical and feasible pilot projects, and timely report
the problems they encounter, their opinions and suggestion to the upper levels.

V.

All regions shall, before June 10, 2006, report their pilot project to the State Administration of Taxation (the Department of Import
and Export Taxes) by formal documents, and begin to conduct the pilot work as of July 1, 2006.

State Administration of Taxation

May 29, 2006



 
State Administration of Taxation
2006-05-29

 







CIRCULAR OF THE MINISTRY OF FINANCE, THE GENERAL ADMINISTRATION OF CUSTOMS AND THE STATE ADMINISTRATION OF TAXATION CONCERNING ADJUSTMENT OF THE RELATED TAXATION POLICIES ON DIAMONDS AND SHANGHAI DIAMOND EXCHANGE

Circular of the Ministry of Finance, the General Administration of Customs and the State Administration of Taxation concerning Adjustment
of the related Taxation Policies on Diamonds and Shanghai Diamond Exchange

Cai Shui [2006] No. 65

The finance departments (bureaus) and state taxation bureaus of all provinces, autonomous regions, municipalities directly under the
Central Government, the Finance Bureau of Xinjiang Production and Construction Corps, the Guangdong sub-administration of the Customs
General Administration, the Tianjin and Shanghai special commissioner’s offices of the Customs General Administration, and all the
customs directly under the Customs General Administration,

In order to regulate the domestic diamond market and balance the taxation burden on commodities of one kind, with the approval of
the State Council, the related taxation policies on diamond and Shanghai Diamond Exchange are hereby notified as follows:

1.

The rough diamonds sold by a taxpayer in the domestic market through Shanghai Diamond Exchange shall be exempt from the value-added
tax in the link of import. For the finished diamonds sold by a taxpayer in the domestic market through Shanghai Diamond Exchange,
the portion of the actual tax burden of value-added tax in the link of import more than 4 % shall be refunded immediately upon payment.
After reaching the domestic link, the taxpayer shall offset the amount of the value-added taxation as indicated in the tax payment
certificate drawn by the customs house against the input tax.

After carrying out the policies on the exemption and immediately refunding upon payment of value-added tax in the link of import on
diamonds sold by a taxpayer in the domestic market through Shanghai Diamond Exchange, the customs house shall manage the diamonds
sold towards the domestic market, when they leave Shanghai Diamond Exchange in accordance with the present provisions.

2.

The value-added tax of the following diamond products exported by an export enterprise shall be exempted, and the corresponding input
tax amounts shall not be refunded or offset, but be changed to the costs. The scope of specific products is that under these tariff
codes: 71021000, 71023100, 71023900, 71042010, 71049091, 71051010, 7l131110, 71131911, 71131991, 71132010, 71162000.

The taxation organs of all places shall attach importance to the export tendency of the products containing diamond, when finds that
any product exported by an enterprise contains diamond and the value of the diamond takes up a relatively high proportion of that
of the whole product and is not listed in the scope of products above simultaneously, or finds any other problem in carrying out
this Circular, any taxation organ shall report to the Ministry of Finance or the State Administration of Taxation in time.

3.

For the self-produced rough diamonds sold by a domestic diamond exploitation enterprise through Shanghai Diamond Exchange, the value-added
tax shall be exempted; for those not sold through Shanghai Diamond Exchange, the value-added tax shall be imposed in the light of
the related provisions.

4.

For the finished diamonds processed in China, those of which sold through Shanghai Diamond Exchange shall be exempted from value-added
tax in the link of the domestic sale; while those of which not sold through Shanghai Diamond Exchange, the value-added tax shall
be imposed at 17% in the link of domestic sale.

When entering into Shanghai Diamond Exchange, the finished diamonds processed in China shall be deemed as exporting, for which there
shall be no tax to be refunded. When they re-enter the domestic market through Shanghai Diamond Exchange, the portion of the actual
tax burden of value-added tax in the link of import more than 4% shall be immediately refunded upon payment.

5.

For the incomes from the transaction commission charges and annual membership fees of Shanghai Diamond Exchange, the business tax
shall be imposed according to the related provisions.

6.

The bonded policies on Shanghai Diamond Exchange and other tax policies governing diamonds shall be carried out in the light of the
present provisions.

7.

The specific operating measures concerning the immediate levy and the immediate refund upon payment of valued-added tax in the link
of import shall be instituted by the General Administration of Customs. The administrative measures for the levy of value-added tax
on the diamonds in the link of import and the administrative measures for the special invoice of the value-added tax shall be instituted
by the State Administration of Taxation in addition.

8.

For the diamonds for the industrial use which are declared and imported by way of ordinary trade, they shall be no longer centralized
to go through the customs declaration formalities, be subject to uniform management or pay import customs duties and value-added
tax in the link of import according to the related provisions in Shanghai Diamond Exchange (See the scope of the specific commodities
in the Annex).

This Circular shall go into effect as of July 1, 2006.

Ministry of Finance

General Administration of Customs

State Administration of Taxation

June 7, 2006



 
Ministry of Finance￿￿General Administration of Customs￿￿State Administration of Taxation
2006-06-07

 







REPLY OF CHINA INSURANCE REGULATORY COMMISSION CONCERNING THE CHINA-BASED BRANCH OF AMERICAN INTERNATIONAL ASSURANCE CO., LTD. ON DEVELOPING STOCK INVESTMENTS BUSINESS

Reply of China Insurance Regulatory Commission concerning the China-based Branch of American International Assurance Co., Ltd. on
Developing Stock Investments Business

Bao Jian Zi Jin [2006] No.629

The Asset Management Center of China Region of American International Assurance Co., Ltd.:

Your Second Request for Instructions concerning the Administrative Licensing for Engaging in Stock Investments by Directly Using the
Insurance Funds as well as the Supplementary Materials thereof (You Hu Ren [2006] No. 154 and No. 186) have been received. After
examination, upon an approval, you are granted to manage the stock investment plan of the 7 China-based branch (sub-branch) enterprises
of the American International Assurance Co., Ltd as a trustee.

Your Center and all branch (sub-branch) enterprises shall develop the related businesses according to the related laws and provisions.

China Insurance Regulatory Commission

June 19, 2006



 
China Insurance Regulatory Commission
2006-06-19

 







ANNOUNCEMENT NO.89, 2006 OF THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE OF THE PEOPLE’S REPUBLIC OF CHINA, ON RELEASING THE REQUIREMENTS FOR INSPECTING AND QUARANTINING ON CONDITIONAL RESUMING THE IMPORT OF BONED BEEF FROM THE USA

Announcement No.89, 2006 of the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic
of China, on Releasing the Requirements for Inspecting and Quarantining on Conditional Resuming the Import of Boned Beef from the
USA

No.89 [2006]

The Requirements for Inspecting and Quarantining on Conditional Resuming the Import Boned Beef From the USA are hereby released (See
appendix) and shall come into effect as of the day of releasing.

The General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China

July 31, 2006
Appendix:
The Requirements for Inspecting and Quarantining on Conditional Resuming the Import of Boned Beef from the USA

Article 1

Requirements for cattle

(1)

Come from the livestock farms where there is no case of BSE, less than 30 months old when being slaughtered;

(2)

Born and raised in the territory of USA or from the counties that live cattle and beef are permitted to be imported by China, shall
not be raised together with other animals, have a complete record, and can be tracked back to the farm where they were born;

(3)

Have never been fed with the fodder containing bone powder and dregs of fat of the ruminant;

(4)

Inspected and quarantined by official veterinarian of the USA before being slaughtered, proving that they are not cattle of suspected
BSE or a definite BSE and their offspring as prescribed in OIE Code, neither the same herd of the cattle of BSE case, they are health
and illness.

Article 2

Requirements for Production and Processing

(5)

The boned beef imported to China refers to boned skeletal muscle and its products, the skeletal muscle does not include the muscle
of face, muscle of head, diaphragmatic muscle, scraps of flesh, flesh separated by machine. Its products refer to beef products made
from boned skeletal muscle as raw materials meeting with the Requirements for Inspecting and Quarantining.

(6)

When producing the boned beef being exported to China, do not hit the cattle into swoon by injecting compressed air or gas into their
cranial cavity or kill them by stabbing their spinal marrow. During the processing, the backbone, brain, eyes, spinal marrow, tonsil
and the end of ileum shall be cut off completely. The inspection and quarantine of the official veterinarian of the USA proves that
the products are safe and hygienic for human to eat.

(7)

The boned beef being exported to China must be packed by un-used and entirely new materials that meet with the international hygienic
standard. Each cube of beef shall have single inner packing on which the name of the product, name and approval code of the production
and processing enterprise shall be clearly indicated both in Chinese and English. The name and weight of the product, the name, address
and approval code, storage condition, production date and expiry date of the production and processing enterprise shall be clearly
indicated both in Chinese and English on the outer packing and an official sign of inspection and quarantine of the USA shall be
marked. The sign of inspection and quarantine shall be confirmed in advance by the General Administration of Quality Supervision,
Inspection and Quarantine of the People’s Republic of China (hereinafter referred to as AQSIQ).

(8)

The boned beef imported by China shall, after being put into a container or sealed transportation container, be made lead sealing
under the supervision of the American official veterinarian.

(9)

The whole procedures from processing, packing, storage to transportation of the boned beef exported to China shall meet with the
provisions and requirements of Chinese and American laws and regulations relating to veterinary hygiene and food safety. The products
exported to China shall be distinguished from other products by confirmable procedures.

(10)

The production and processing enterprises for the boned beef exported to China (including slaughtering, processing and storing enterprises)
shall meet the provisions and requirements of Chinese and American laws and regulations relating to veterinary hygiene and food safety
and shall not export any products to China unless obtaining the approval of AQSIQ. The name of the approved production and processing
enterprises shall be released in the network of AQSIQ: https://www.aqsiq.gov.cn.

Article 3

Requirements for National Control

(11)

The USA shall conduct the national plan for preventing, monitoring, controlling and rooting out BSE in accordance with the OIE code
and provide an annual implementation report to both the AQSIQ and the Ministry of Agriculture.

(12)

The USA shall implement effectively the national ban on fodder, prohibiting anyone from using the fodder containing bone powder and
dregs of fat of the ruminant to feed the ruminant.

(13)

If there are Foot-and-mouth disease, cattle plague, Contagious Bovine Pleuropneumonia, Lumpy Skin Disease, Rift Valley fever virus
and Peste Des Petits Ruminants virus in the USA, it shall inform the AQSIQ and the Ministry of Agriculture in time and provide corresponding
information.

(14)

The USA shall implement effectively National Residue Monitoring Plan and Pathogenic Microorganism Reducing and Control Plan, and
report the annual implementation information to the AQSIQ.

(15)

If any cases of animal epidemic disease and serious food safety as mentioned in Section 12, 13 and 14 of this Article occur, the
USA shall suspend the export to China and recall corresponding products that may be contaminated, and inform the AQSIQ immediately
and provide detailed information as soon as possible in order to determine and control the contaminated products.

(16)

If a new case of BSE occurs in the USA, the USA shall forbid corresponding production and processing enterprises to produce the boned
beef exported to China, recall the products that may be contaminated, and inform immediately the AQSIQ and provide detailed information
as soon as possible. The corresponding production and processing enterprises can not resume the export to China until the conditions
return to normal and the export is approved by the AQSIQ. If a new BSE case occurs among the cattle that were born after national
ban on fodder in the USA, China will reevaluate the BSE Prevention and Control Plan of the USA.

(17)

The AQSIQ may, in light of needs, send inspection and quarantine personnel to the USA for examining its implementation of prevention
and control of BSE and other animal epidemic diseases, residue monitoring and control system and microorganism reducing Plan.

Article 4

Requirements for the Certificate

(18)

The reserved copy of an official Veterinary Health Certificate of the USA shall be attached to each container or transportation container
of boned beef exported to China, proving that this lot of product meets with the provisions of these Requirements for Inspecting
and Quarantining. The certificate shall include at least following content:

(a)

The source and slaughtering date of the cattle;

(b)

Name, address and enterprise approval code of the slaughtering and processing enterprise;

(c)

The issuing organ, date and place of the certificate, name and position of the issuer.

(d)

Lead sealing number of the container or transportation container;

(e)

The cattle to be slaughtered shall meet the requirements of all sections of Article 1 . The production, processing, storing and transportation
of boned beef shall meet the requirements of all sections of Article 2 . The USA shall conduct national control plan in accordance
with the requirements of all sections of Article 3 .

(19)

Veterinary Health Certificate shall be written both in Chinese and English, having the function of forgery prevention, the pattern
and content shall be confirmed in advance by the AQISQ.

Article 5

Product Inspection and Quarantine

(20)

The AQISQ may, in light of needs, send inspection and quarantine personnel to the USA to do pre-examination of the origin of boned
beef being exported to China, make a random sampling of the slaughtering, production and processing enterprises, carry out system
verification in order to check whether the boned beef being exported to China and the production, procession and management meet
with these Requirements for Inspection and Quarantine.

(21)

After arriving Chinese port, the boned beef exported from the USA to China shall not enter China until passing the inspection and
quarantine made by the inspection and quarantine authority.

Article 6

Settlement of Violations

(22)

If the AQSIQ finds any boned beef imported from the USA violating these Requirement for Inspection and Quarantine, it will deal with
the product in accordance with laws. If necessary, it may take protective measures, including suspending import and canceling the
qualification of the approved enterprises to export products to China. If violations occur repeatedly, it may cause the Requirements
of Inspection and Quarantine to an end.



 
General Administration of Quality Supervision, Inspection and Quarantine
2006-06-29

 







INTERIM MEASURES FOR THE ADMINISTRATION OF FOREIGN ASSISTANCE MATERIAL PROJECTS

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

No.5

Interim Measures for the Administration of Foreign assistance material projects examined and approved at the 6th ministerial conference
of the year 2006 of the Ministry of Commerce of the People’s Republic of China on May 17, 2005 is hereby announced and shall come
into force as of September 1, 2006.
Minister of the Ministry of Commerce, Bo Xilai

July 7, 2006

Interim Measures for the Administration of Foreign Assistance Material Projects
Chapter I General Provisions

Article 1

The Measures is formulated in accordance with the relevant laws, administrative regulations for the purpose of strengthening the
administration of foreign assistance material projects( hereinafter referred to as “foreign assistance material projects”, ensuring
the quality hereof and enhancing the economic and social efficiency of foreign aid.

Article 2

The foreign assistance material projects as stated in the Measure shall refer to, under the free assistance, loan with no or low
interest as well as other special aid fund provided by the Chinese government, such foreign aid programs as common products, necessities,
technological products or unique equipment which purchased by, and such supporting technologies as relevant installation, adjustment,
and operation guidance if necessary, provided by the enterprises designated by the Chinese government.

Article 3

The Ministry of Commerce shall administer foreign assistance material projects in accordance with the Measures.

Article 4

The foreign assistance material projects as the main implementary body selected by the Ministry of Commerce shall, in accordance
with the Measures as well as other relevant laws, administrative regulations, implement the inter-governmental agreement of foreign
assistance material projects signed with the Chinese government, and shall enjoy the relevant rights and bear the relevant obligations
and legal liability.

Chapter II Confirmation of supply list

Article 5

The Ministry of Commerce shall, in accordance with the inter-governmental agreement of foreign aid, determine the supply list.

The supply list shall include such basic information as name of supplying material, technology standard, quantity of supplying material,
quality standard and technology service and etc.

Article 6

The following principles shall be observed in the process of determining supply list:

(1)

The basic requirement of the supplier shall, in accordance with the economic and reasonable principle, be satisfied within the limit
of aid fund;

(2)

Competition shall be removed or limited by any means;

(3)

The products produced in the People’s Republic of China shall, under the same applicable condition, be chosen;

(4)

The volume and reliable products shall be chosen, unless the receiver has specific requirement. Where the product has such compulsory
standards as guarantee the heath of human body, life and property safety as well as environmental protection, it shall accord with
the standard hereof.

Article 7

The Ministry of Commerce, shall, in accordance with the requirement of Article 6 and the relevant polices, formulate and promulgate
Catalogue for the Guidance of Foreign Aid Material and the receiver shall offer the requirement of providing material and the supply
list determined by the Ministry of Commerce.

The Ministry of Commerce shall undertake dynamic administration upon Catalogue for the Guidance of Foreign Aid Material, rechecking
and readjusting it once every year.

Article 8

Where the supply list shall be determined outside the Catalogue for the Guidance of Foreign Aid Material under specific circumstances,
the Ministry of Commerce may entrust the intermediary agencies or enterprises to act as the list organizer of foreign assistance
material projects (hereinafter referred to as “list organizer”) to provide economic and technology service as the determination of
data of supply list as well as reference price.

The Ministry of Commerce shall not entrust such an intermediary agency or enterprise as have been subject to criminal punishment,
administrative penalty due to its involvement in illegal business operation or violation of the provisions related to the administration
hereof or have serious fault in the process of undertaking the task of the administration of foreign assistance material projects,
to act as list organizers.

Article 9

The order organizer shall, strictly abiding by the principles raised in Article 6 , raise the proposal about the supply list and
be responsible for the accuracy and applicability of the content hereof.

The inventory organizer shall submit the proposed supply list to the Ministry of Commerce for approval. The Ministry of Commerce shall,
within 20 working days, inform the list organizer the auditing result in written form.

Article 10

The list organizer shall not collude with the tender enterprises undertaking foreign assistance material projects to raise the supply
list which is disadvantageous to other valid tender enterprises, or disclose information about the inventory hereof to the relevant
tender or bid negotiation enterprises, or collude with the supplier to seek unjustifiable benefits.

Article 11

The Ministry of Commerce shall submit its settled supply list about foreign assistance material projects to the receiver for confirmation.

In the process of implementing foreign assistance material projects, any unit shall, without the approval of the Ministry of Commerce,
not alter the information of the inventory hereof. Where the inventory really needs adjusting, it shall be submitted to the Ministry
of Commerce for approval, which shall, within 10 working days as of having received the acceptance application, make settlement and
inform the applicant in written form; where it needs the approval of the receiver, the Ministry of Commerce shall, as of 10 working
days after the formal confirmation is made by the receiver, make settlement and inform the applicant in written form.

Chapter III The implementation and administration of foreign assistance material projects

Article 12

The Ministry of Commerce shall, within the enterprise scope with the qualification of foreign assistance material projects in accordance
with Measures for Determining the Qualification of Enterprises of Undertaking Foreign Assistance Goods Supply Projects (for Trail
Implementation) (Decree No. 10, 2004 the Ministry of Commerce), choose the implementing enterprises hereof by means of inviting bid
or negotiating bid. The detailed means shall be determined by the Ministry of Commerce in accordance with the scale, nature, specialty
and character of the foreign assistance material projects.

Article 13

The Ministry of Commerce, shall not invite such enterprises as have been subject to criminal punishment, administrative penalty within
two years because of its illegal business activities or its violation of the relevant national provisions about the administration
of foreign aid, or have committed serious faults and caused unfavorable influence in the process of implementing foreign assistance
material projects, to participate in the bid invitation and negotiation hereof.

Article 14

Where the selected enterprises hereof alter the commitment of bid or bid invitation, the Ministry of Commerce may choose again the
enterprises undertaking foreign assistance material projects among the other bidding enterprises to organize bid invitation or bid
negotiation.

Article 15

The Ministry of Commerce shall deliver task notice about foreign assistance material projects to the designated enterprises undertaking
foreign assistance material projects.

The task notice shall be the proof of the foreign assistance material projects to handle the purchase, storage, checking, clearance,
transportation and entry and exit procedures of the relevant personals.

Article 16

Where the inter-governmental agreement of foreign assistance material projects needs signing contracts, the enterprises hereof shall,
in accordance with the authorization of the Ministry of Commerce, sign the foreign implementation contract hereof with the organs
designated by the receiver.

The rights, obligations and means of cooperation agreed by the parties to the contract shall be in conformity with laws, inter-governmental
agreement of foreign assistance material projects as well as the commitment in biding or bid negotiation.

The enterprise undertaking foreign assistance material projects shall, prior to the signing of the contract hereof, submit contract
version to be signed to the Ministry of Commerce for auditing. The Ministry of Commerce shall, within 20 working days as of having
received the contract version to be signed, inform the enterprises undertaking foreign assistance material projects of the result
of auditing in written form.

Article 17

The enterprises undertaking foreign assistance material projects shall, in accordance with the supply list confirmed by the Ministry
of Commerce as well as by the receiver and the commitment of biding or bid invitation, or such activities as production, purchase,
be responsible for the acceptance check before the ex store, shall not alter such substantial contents without authorization as name
of articles, specification and type, technical parameter and standards, amount of supplied goods, manufacturer, meals of package,
technical service personal and its plan.

Article 18

The enterprises undertaking foreign assistance material projects shall, in accordance with the conditions of supplying goods committed
by bidding or bid invitation, handle storage, checking and quarantine as well as such particulars as domestic and international transport
and insurance from the production or purchase site to the destination, shall not alter the means of transportation and time limit
of arrival without authorization.

Article 19

The enterprise of foreign assistance material projects shall bear the responsibility of the quality of supplied goods after its arrival
at the destination and shall shoulder free change of products as well as the necessary expenses once problems about the quality of
products arises not from the foreign party within the guarantee period.

Article 20

Where the provider has exerted inappropriate influence upon the choosing choice of the enterprise of foreign assistance material
projects or unfavorable effect upon the foreign aid material program, the Ministry of Commerce shall list the provider in the name
list of unqualified providers. The enterprise of foreign assistance material projects shall not purchase the products of the providers
listed herein.

The measures for the administration of unqualified providers shall be prescribed otherwise by the Ministry of Commerce.

Article 21

In the process of implementing the projects hereof, the enterprises undertaking foreign assistance material projects shall neither
illegally contract/subcontract the charged foreign assistance material projects, nor misappropriate the foreign assistance fund to
undertake other activities irrelevant to the projects.

Article 22

Where the foreign assistance material projects needs providing the relevant technology service, the enterprise of foreign assistance
projects shall, in accordance with the characteristics of the provided material and technology service plan required by the receiver,
send technology service personnel to provide to the receiver such services as installation, adjustment, operational guidance and
training local technology personal. The technology service plan shall be implemented after having been examined by the Ministry of
Commerce.

The enterprise of foreign assistance material projects shall select excellent technology service personnel and provide the necessary
material conditions in the implementation of technology service to ensure the quality of technology service. The enterprise of foreign
assistance material projects may, if necessary, take in technology service personnel from the receiver to come to China to receive
the operational guidance and technology training.

Article 23

The personnel responsible for the implementation of foreign assistance material projects shall abide by the relevant laws and rules
of China as well as of the receiver, keep national secret and confidential information of technology.

Article 24

The Ministry of Commerce shall be responsible for the supervision and administration of foreign assistance material projects and
the allocation of funds as well as handling the inter-governmental activities related to the projects. The embassies and consulates
(office of economic and commercial counselor) shall assist the Ministry of Commerce to undertake supervision and administration upon
the foreign assistance material projects, and handle the relevant inter-governmental affairs with the authorization of the Ministry
of Commerce.

Article 25

In the process of implementing the projects, the enterprise of foreign assistance material projects shall arrange and store the relevant
documents and submit the implementation and progression of the projects to the Ministry of Commerce and, within 20 days after the
completion of the projects, submit to the Ministry of Commerce the project completion report and the relevant documents.

Article 26

The Ministry of Commerce shall, in accordance with the project completion report, be responsible for handling the inter-governmental
handling-over procedure with the government of the receiving party.

Article 27

The Ministry of Commerce shall be responsible for evaluating the implementation and result of the foreign assistance material projects.

Article 28

The foreign assistance material purchased and transported from the tariff boundary of the People’s Republic of China shall, in accordance
with measures for the administration of checking the foreign assistance material formulated by the Ministry of Commerce and the authorities
of Quality Supervision, Inspection and Quarantine, be subject to the compulsory examination.

The foreign assistance material purchased and transported from the tariff boundary of the People’s Republic of China shall be undertaken
the checking of export site.

Article 29

The foreign assistance material purchased and transported from the tariff boundary of the People’s Republic of China shall, in accordance
with the regulations for the checking and clearance of foreign assistance material signed between the Ministry of Commerce and the
General Customs Administration, handle the checking and clearance procedures hereof.

Article 30

The enterprise of foreign assistance material projects shall, in the process of implementing hereof, handle cargo transport insurance
as well as other necessary insurances. As for the losses within the scope of insurance liability, the enterprise shall claim losses
to the insurance company of itself.

Article 31

The Ministry of Commerce may give appropriate compensation to the enterprises undertaking foreign assistance material projects for
the economic losses and expense adjustment arisen from the following causes:

(1)

War, turbulence, coup, strike and political factors between the two nations (such as policy adjustment, cession of diplomatic relations
and etc.);

(2)

Adjustment about goods supply with the agreement between the Ministry of Commerce and the receiver;

(3)

Force majeure, unless the insurance shall be handled in accordance with the prescription in Article 30 .

Except the prescription in the precedent paragraph, other risks in the process of implementing foreign assistance material project
shall be born by the enterprise of its own.

Chapter IV Legal responsibilities

Article 32

Where the list organizer has any of the following occasions, the Ministry of Commerce shall give warming and may fine less than 30,000
Yuan:

(1)

The name of articles, technology standard, quality standard, amount of supplied goods, technology service and reference price in
the inventory have serious error;

(2)

The organizer violates the inventory principle in Article 6 of the Measures;

(3)

The organizer, in violation of Article 10 of the Measures, colludes with the relevant bidding enterprises to raise the inventory,
which is unfavorable to other bidding enterprises, or disclose the information of supplied goods to the relevant bidding or bid negotiation
enterprises in advance, or colludes with providers to seek inappropriate interest.

Article 33

Where the enterprise participating biding or bid negotiation of foreign assistance material projects has one of the following acts,
the Ministry of Commerce shall give warming to the enterprise and may fine 30,000 Yuan; where the enterprise has been selected, the
selection shall be null and void; where the enterprise violates the relevant laws, administrative rules, it shall, in accordance
with laws and administrative rules, be subject to administrative penalty; where the acts of the enterprise constitutes a crime, the
enterprise shall be investigated for criminal responsibility according to law.

(1)

seeking unfair competition advantage by fraud;

(2)

colluding to bull price;

(3)

disturbing tender and bid order by illegal means.

Article 34

Where the enterprise of foreign assistance material projects has one of the following occasions, the Ministry of Commerce shall give
warming to the enterprise hereof, and may impose a fine of less than 30,000 Yuan; where the enterprise violates the relevant laws,
administrative rules, it shall, in accordance with laws and administrative rules, be subject to administrative penalty; where the
acts of the enterprise constitutes a crime, the enterprise shall be investigated for criminal responsibility according to law.

(1)

alters the commitment of bidding or bid negotiation;

(2)

illegally contracts or subcontracts its charged foreign assistance material projects;

(3)

refuses to fulfill the foreign implementation contract and the commitment of bidding or bid negotiation, and thereby have seriously
hindered the normal operation of foreign assistance material projects and exerted side effect in the international community;

(4)

seriously violates the prescription of the Measures and have caused the relevant economic losses more than 100,000 Yuan;

(5)

misappropriates foreign assistance fund to undertake activities irrelevant to the projects, and have influenced the normal implementation
of the foreign assistance material program;

(6)

purchases the products of the providers listed in the name list of unqualified providers;

(7)

The personnel implementing the foreign assistance material projects violate the prescription in Article 23 and have exerted side
effect in the international community.

Chapter V Supplementary Provisions

Article 35

The Measures shall be interpreted by the Ministry of Commerce.

Article 36

The Measures shall come into force as of September 1, 2006.



 
The Ministry of Commerce
2006-07-07

 







ARRANGEMENT BETWEEN THE MAINLAND AND HONG KONG SAR CONCERNING MUTUAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF CIVIL AND COMMERCIAL CASES UNDER THE JURISDICTION AS AGREED TO BY THE PARTIES CONCERNED

Arrangement between the Mainland and Hong Kong SAR concerning Mutual Recognition and Enforcement of Judgments of Civil and Commercial
Cases under the Jurisdiction as Agreed to by the Parties Concerned

July 14, 2007

In accordance with Article 95 of the Basic Law of Hong Kong SAR of the People’s Republic of China, the following arrangement is made
as follows concerning the issues related to recognition and enforcement of judgments on civil and commercial cases under the contractual
jurisdiction by the parties concerned, upon the consultation between the Supreme People’s Court and the Government of Hong Kong SAR.

Article 1

As for an enforceable final judgment made by a people’s court of the Mainland or by a court of Hong Kong SAR concerning a civil and
commercial case under the written contractual jurisdiction, in which payment must be made, the party concerned may, under the present
Arrangement, apply to the people’s court of the Mainland or the court of Hong Kong SAR for recognition and enforcement.

Article 2

The term “enforceable final judgment” as mentioned in the present Arrangement refers to,

(1)

in the Mainland,

(a)

judgments of the Supreme People’s Court; and

(b)

judgments of the first instance as made by the higher people’s courts, intermediate people’s courts, or authorized grassroots people’s
courts having jurisdiction over the civil and commercial cases of the first instance which involve the interests of a foreign country,
Hong Kong, Macao or Taiwan (for the name list, please see attachment), regarding which no appeal is permitted by law or no appeal
is made within the statutory term, judgments of the second instance, and effective judgments as made by the people’s court at the
higher level in light of the procedure of trial supervision after it brought the cases up for trial.

(2)

in Hong Kong SAR, effective judgments made by the Court of Final Appeal, by the Court of Appeal or the Court of First Instance of
the High Court, or by district courts.

The term “judgments” as mentioned in the present Arrangement shall include, in the Mainland, judgments, rulings in written form, conciliation
statements and orders of payment, and in Hong Kong SAR, the judgments, orders and legal cost assessment certificates.

Where, after a party concerned applies to the court of Hong Kong SAR for recognition and enforcement of a judgment, the people’s court
of the Mainland retries the case under law, the people’s court at the higher level that makes the effective judgment shall bring
the case up for post-final retrial.

Article 3

The term “written agreement on jurisdiction” as mentioned in the present Arrangement shall refer to the agreements as clearly stipulated
in written form by the parties concerned that the people’s court of the Mainland or the court of Hong Kong SAR has the sole jurisdiction
as of the effectiveness of the present Arrangement, so as to settle the disputes relevant to a certain legal relationship that has
either arisen or might arise,.

The term “certain legal relationship” as mentioned in the present Article refers to the civil or commercial contracts between the
parties concerned, excluding the employment contracts or the contracts under which a natural person is a party due to individual
consumption, family matters or any other non-commercial reasons.

The term “written form” as mentioned in the present Article refers to the form which may materially manifest the contents and may
be obtained for future reference, such as the contract, letter or data message (including telegraph, telex, fax, electronic data
interchange or e-mail) and etc..

The written agreement on jurisdiction may consist of one or several written forms. Unless it is otherwise prescribed in the contract,
the clauses in the agreement on jurisdiction in the contract shall be independent, and the modification, rescission, termination
or invalidation of the contract may not affect the effectiveness of the clause of agreement on jurisdiction.

Article 4

As for the recognition and enforcement of a civil or commercial judgment, conforming to the present Arrangement, an application shall
be provided to the intermediate people’s court at the respondent’s domicile or habitual residence or the locality of property in
the case of the Mainland, or to the High Court of Hong Kong SAR in the case of Hong Kong SAR.

Article 5

If the respondent’s domicile or habitual residence or the locality of property covers the jurisdictions of different intermediate
people’s courts of the Mainland, the proposer shall choose one people’s court to file the application for recognition and enforcement,
instead of filing applications separately to two or more people’s courts. Where the respondent’s domicile or habitual residence or
the locality of property is both in the Mainland and in the Hong Kong SAR, the proposer may simultaneously file separate applications
to the courts of the two regions, and the total amount separately enforced by the courts of the two regions on the basis of the judgment
may not exceed the amount determined in the foresaid judgment. The court which has partially or totally enforced the judgment shall,
when required by the other court, submit the information on its enforcement of the judgment.

Article 6

If a proposer applies for the recognition and enforcement of a judgment, it shall submit the following documents:

(1)

an application letter requesting for recognition and enforcement;

(2)

a counterpart of the judgment affixed with the seal of the court which has made the final judgment;

(3)

a certificate as issued by the court having made the final judgment, which proves that the judgment is a final judgment in accordance
with Article 2 of the present Arrangement and is enforceable at the locality where the judgment was made;

(4)

identity certificating materials:

(a)

If the proposer is a natural person, he shall submit his identity card or the notarized photocopy of his identity card;

(b)

If the proposer is a legal person or other organization, it shall submit a photocopy of its notarized registration certificate;

(c)

If the proposer is a legal person or other organization of a foreign nationality, it shall submit corresponding notarized or certified
materials.

If there is no Chinese text for the documents submitted to a people’s court of the Mainland, the proposer shall in addition submit
a Chinese translation which proves to be inerrable.

The court at the locality of enforcement needn’t separately require notarization of the certificate as issued by the court prescribed
in the present Article.

Article 7

In the application letter for recognition and enforcement of a judgment, the following items shall be stated:

(1)

the name and domicile of the party concerned in the case of is a natural person; or the name and domicile of the party concerned in
the case of a legal person or other organization, as well as the name, position and domicile of its legal representative or principal
person-in-charge;

(2)

the ground for applying for enforcement and the contents of the claim, the locality of the respondent’s properties and the property
status;

(3)

whether or not an application for enforcement of the judgment is filed at the locality of the court of the first instance, and the
condition on the enforcement.

Article 8

The procedures for the proposer to apply for recognition and enforcement of the judgment of a people’s court of the Mainland or a
court in Hong Kong SAR shall be subject to the laws at the locality of enforcement, unless it is otherwise prescribed in the present
Arrangement.

The term for the proposer to apply for recognition and enforcement shall be one year if both parties are natural persons or either
party is a natural person, and shall be six months if both parties are legal persons or other organizations.

The term as provided for in the preceding paragraph shall, if the application for enforcement of a judgment of the Mainland is filed
in Hong Kong SAR, be calculated as of the last day of the execution period provided for in the judgment, or shall, if the judgment
requires execution by stages, be calculated as of the last day of each required execution period; and the term shall, if the application
for enforcement of a judgment of Hong Kong SAR is filed in the Mainland, be calculated as of the date when the judgment may be enforced
compulsorily, with the date being the adjudication date as indicated in the judgment, or shall, if the judgment otherwise requires
the time limit for enforcement, be calculated as of the expiry of the required term for enforcement.

Article 9

As for a judgment under application for recognition and enforcement, if the debtor in the judgment of the first instance provides
evidence proving any of the following circumstances, the court accepting the application shall, after examination and verification,
rule not to recognize and enforce the judgment:

(1)

The agreement on jurisdiction is ineffective according to the laws of the locality of the court of the first instance as chosen by
the parties concerned by agreement, except that the chosen court has ruled that the agreement on jurisdiction is effective;

(2)

The judgment has been fully enforced;

(3)

The court at the locality of enforcement has exclusive jurisdiction over the case according to the laws of the locality of enforcement;

(4)

According to the laws of the locality of the court of the first instance, the lawsuit-losing party due to absence from court has not
been lawfully summoned, or does not obtain the legally described time for making argument despite of lawful summon. However, the
service by public announcement of the court of the first instance under laws or relevant provisions does not fall within the foresaid
circumstances;

(5)

The judgment is obtained by fraud; or

(6)

The court at the locality of enforcement makes a judgment based on the same litigation claim, or the court of a foreign country or
overseas region makes a judgment based on the same litigation claim, or the relevant arbitration institution has made a arbitral
award which has been recognized or enforced by the court at the locality of enforcement.

If a people’s court of the Mainland considers that the enforcement of a judgment by the court of Hong Kong SAR in the Mainland may
violate the public interests of the Mainland, or a court of Hong Kong SAR considers that the enforcement of a judgment by the people’s
court of the Mainland in Hong Kong SAR may violate the public policies of Hong Kong SAR, the judgment may not be recognized or enforced.

Article 10

As to the judgment made by a court of Hong Kong SAR, if the debtor adjudged therein has appealed, or the appellate procedures have
not been finalized, the people’s court of the Mainland may, after examination and verification, suspend the procedures for recognition
and enforcement. If the original judgment is totally or partially kept after the appeal, the procedures for recognition and enforcement
shall be resumed; if the original judgment is completely changed, the procedures for recognition and enforcement shall be terminated.
If the local people’s court of the Mainland rules to bring the case up for retrial in light of the procedures for trial supervision
regarding the rendered judgment, or the Supreme People’s Court rules to make a post-final retrial, the court of Hong Kong SAR may,
after examination and verification, suspend the procedures for recognition and enforcement. If the judgment of post-final retrial
keeps the original judgment totally or partially, the procedures for recognition and enforcement shall be resumed; however, if the
judgment of the post-final retrial completely changes the original judgment, the procedures for recognition and enforcement shall
be terminated.

Article 11

The judgment recognized according to the present Arrangement shall have the same effectiveness with that of the judgment made by
the court at the locality of enforcement.

Article 12

If a party concerned is dissatisfied with the ruling on whether or not to recognize and enforce a judgment, it may apply to the people’s
court at the next higher level for reconsideration in the case of the Mainland, or may appeal in accordance with its legal provisions
in the case of Hong Kong SAR.

Article 13

Where, during the term when a court accepts the application of a party concerned for recognition and enforcement of a judgment, the
party concerned additionally brings a lawsuit on the same facts, the court shall not accept it.

As to a recognized and enforced judgment, if a party concerned brings a lawsuit again on the same facts, the court shall not accept
it.

As to a judgment not recognized and enforced according to Article 9 of the present Arrangement, the proposer may not file an application
for recognition and enforcement again. However, it may bring a lawsuit with the court at the locality of enforcement in accordance
with the laws of the locality of enforcement on the same facts of the case.

Article 14

A court may, before or after accepting an application for recognition and enforcement of a judgment, apply the provisions of the
laws at the locality of enforcement on property preservation or on prohibition of assets transfer, and take preservation or compulsory
measures on the respondent’s properties upon the proposer’s application.

Article 15

When applying to a relevant court for enforcement of a judgment, the party concerned shall pay the enforcement fees or court fees
according to laws and provisions of the locality of enforcement on litigation fee charges.

Article 16

The scope of subject matters for mutual recognition and enforcement between a court of the Mainland and a court of Hong Kong SAR
shall, in addition to the amount determined in the judgment, include the interests payable under the certain judgment, the retaining
fees adjudged by the court and the legal fare, excluding taxes and fines. In Hong Kong SAR, the term “legal fare” shall refer to
the litigation fee charges payable as adjudged or ordered by the judge or registrar in the legal cost assessment certificate.

Article 17

The present Arrangement shall apply to the judgments made by the courts of the Mainland and those of Hong Kong SAR as of the effectiveness
day of the present Arrangement (including today).

Article 18

Where any problem is met or any amendment needs to make during the process of implementation of the present Arrangement, the relevant
matters shall be resolved by the Supreme People’s Court and the Government of Hong Kong SAR through consultation.

Article 19

After the judicial interpretation of the present Arrangement has been promulgated by the Supreme People’s Court of the Mainland and
the relevant legal procedures have been amended in Hong Kong SAR, the effectiveness day shall be promulgated by both parties and
the present Arrangement shall be enforced.

The present Arrangement was subscribed in Hong Kong on July 14, 2006 in duplicate.

The Supreme People’s Court￿￿￿￿￿￿￿￿￿￿￿￿￿￿Hong Kong SAR

Vice President￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿Secretary of Justice



 
Supreme People’s Court
2006-07-14

 







CIRCULAR OF THE MINISTRY OF COMMERCE AND CHINA EXPORT & CREDIT INSURANCE CORPORATION ABOUT USING THE EXPORT CREDIT INSURANCE TO FURTHER SUPPORT THE EXPORT OF FARM PRODUCTS

Circular of the Ministry of Commerce and China Export & Credit Insurance Corporation about Using the Export Credit Insurance to
Further Support the Export of Farm Products

Shang Mao Han [2006] No.80

The authorities of commerce in charge in all provinces, autonomous regions, municipalities directly under the Central Government,
and cities separately designated in the state plan, as well as Xinjiang Production and Construction Corps, all business agencies
of China Export & Credit Insurance Corporation:

This year Japan and EU carried out new food safety regulations sequentially which raise the threshold of market access of food and
farm products by a great margin, as a result the export of our farm products faces greater challenges. Expanding the export of superior
farm products is not only an efficient way that can help to increase farmers’ income, promote the agricultural restructuring and
resolve the problem of agriculture, rural areas, and farmers (“Sannong” for short herein), but an important reflection of the implementation
of the scientific view of development and the change of the growth pattern of foreign trade. Whereas this year is the first year
of the “11th Five-Year Plan”, in order to implement the spirit of the Several Opinions of the Central Committee of the Communist
Party of China and the State Council on Promoting the Construction of New Socialist Countryside (Zhong Fa [2006] No.1), build rural
harmonious society, strengthen the support of the “Sannong” work, further enhance the export of superior farm products, strengthen
the export credit risk management of the enterprises in the business of farm product export and improve the international competitiveness
of these enterprises, the relevant issues on using export credit insurance to support the export of farm products are hereby notified
as follows:

1.

To establish the working mechanisms supporting the export of farm products. The authorities of commerce in charge at various levels
and all agencies of China Export & Credit Insurance Corporation shall establish effective working mechanism of communication
and coordination, find out the situation of the enterprises in the business of farm product export and take pertinent policies and
measures on export credit insurance to support the export of farm products actively.

2.

To strengthen publicity and encourage enterprises to actively cover the export credit insurance. The local authorities of commerce
in charge shall strengthen publicity through multiple channels. The regions with mature conditions may adopt corresponding supportive
measures in light of the actual situation and encourage the enterprises in the business of farm product export to use the financial
instrument of policy export credit insurance in order to evade the risks in export proceeds of foreign exchange, upgrade their own
credit rating, expand the export scale and improve the international competitiveness.

3.

To alleviate the fund shortage of farm product enterprises and upgrade the credit rating thereof. China Export & Credit Insurance
Corporation will continue actively assisting the enterprises in the business of farm product export in resolving the problem of fund
shortage by means of financing under insurance and other products. The credit-trade cooperation and credit-bank cooperation shall
be strengthened so that a matching financing system to support the farm product export may developed gradually. The trade financing
of the enterprises in the business of farm product export shall be strengthened; and the credit rating of the enterprises shall be
improved constantly.

4.

To provide value-added services in respect of credit insurance for farm product enterprises. China Export & Credit Insurance
Corporation will keep on providing traditional export credit insurance services as well as a package of assembling products, like
pre-shipment risk guarantee, export-related domestic credit insurance, and guarantee products that match the export credit insurance.
The export buyer management mechanism for enterprises meeting conditions shall be established. The online business operation system
of “All in Credit Insurance” shall be put into operation. And such value-added services as country risk report, industrial analysis
report and risk management recommendation shall be given priority to.

5.

To provide convenient services for small- and medium-size enterprises in the business of farm product export. China Export &
Credit Insurance Corporation shall cancel the insurance threshold, simplify the formality and provide convenient services for small-
and medium-size enterprises in the business of farm product export. All agencies of China Export & Credit Insurance Corporation
shall, in light of the actual situation of the local small- and medium-size enterprises, provide comprehensive insurance products
therefor, and offer such preferential services as primary coverage, flexible rate, rapid settlement of claim and compensation in
advance in accordance with the insurance-worthy export volume where conditions permit.

All entities concerned shall study and carry out the relative work seriously, and also keep track of and find out the new situations
and problems arising in the work of export credit insurance of farm products in time. These entities shall feed the relative situation
back to the Ministry of Commerce (Foreign Trade Department) and China Export & Credit Insurance Corporation (Business Development
Department) at any time.

Ministry of Commerce

China Export & Credit Insurance Corporation

July 28th, 2006



 
Ministry of commerce, China Export & Credit Insurance Corporation
2006-07-28

 







CIRCULAR OF THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION ON CONTINUING THE VALUE-ADDED TAX RELIEF POLICY ON GOODS SOLD BY NATIONAL TRADE ENTERPRISES AND FOR-BORDER-SALE TEA PRODUCED BY STATE DESIGNATED ENTERPRISES AND SOLD BY SELLING UNITS

Circular of the Ministry of Finance and the State Administration of Taxation on Continuing the Value-added Tax Relief Policy on Goods
Sold by National Trade Enterprises and For-border-sale Tea Produced by State Designated Enterprises and Sold by Selling Units

Cai Shui [2006] No.103

The public finance departments (bureaus) and the state taxation bureaus of all provinces, autonomous regions, municipalities directly
under the central government and cities specially designated in the state plan, and the Public Finance Bureau of the Xinjiang Production
and Construction Corps:

Upon the approval of the State Council, the following is the circular on the Value-added Tax on goods sold by national trade enterprises
and the sold-on-border tea produced by state designated enterprises and sold by selling units:

1.

As from January 1 , 2006 to December 31 , 2008, goods (except oil and tobacco) sold by national trade enterprises and supply and marketing
co-operatives at or below the county level in national trade counties shall be exempted from value-added tax.

2.

As From January 1 , 2006 to December 31 , 2008, for-border-sale tea produced by state designated enterprises and sold by selling units
shall be exempted from value-added tax.

3.

During the implementation of the policy, if the State readjusts and identifies national trade counties and state designated enterprises
engaging in for-border-sale tea production, then the policy shall be enforced within the readjusted counties and enterprises.

4.

Circular of the Ministry of Finance and the State Administration of Taxation on Continuing the Value-added Tax Relief Policy on National
Trade Enterprises (Cai Shui [2001] No.69) and Circular of the Ministry of Finance and the State Administration of Taxation on Continuing
Exempting For-border-sale Tea Produced by State Designated Enterprises and Sold by Selling Units from Value-added Taxation (Cai Shui
[2001] No.71) shall be abolished simultaneously.

Ministry of Finance

State Administration of Taxation

August 7, 2006



 
Ministry of Finance, State Administration of Taxation
2006-08-07

 







INTERIM MEASURES CONCERNING THE OVERSEA COMMERCIAL COMPLAINT SERVICES FOR CHINESE ENTERPRISES

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

No. 16

The Interim Measures concerning the Oversea Commercial Complaint Services for Chinese Enterprises, which has been deliberated and
adopted at the 7th executive meeting of the Ministry of Commerce on July 13, 2006, is hereby promulgated and shall come into force
as of the day of its promulgation.
Bo Xilai, the Minister of the Ministry of Commerce

August 16, 2006

Interim Measures concerning the Oversea Commercial Complaint Services for Chinese Enterprises
Chapter I General Provisions

Article 1

With a view to safeguarding and promoting the fair and justifiable oversea commercial activities of Chinese enterprises and maintaining
the legitimate rights and interests of Chinese enterprises, the present Measures are formulated according to the Foreign Trade Law
of the People’s Republic of China, the relevant laws, administrative regulations and provisions.

Article 2

The Oversea Commercial Complaint Service Center for Chinese Enterprises of the Ministry of Commerce (hereinafter referred to as the
Complaint Service Center) shall, in accordance with the present Measures, be responsible for freely providing oversea commercial
complaint services for Chinese enterprises, and shall be funded by the government.

The Complaint Service Center shall be provided with a legal person qualification, and assume independent liabilities for its acts.

Article 3

The “oversea commercial complaint services for Chinese enterprises” as mentioned in the present Measures refer to the services, under
which any service claimant in line with the present Measures reflects relevant information, requests for providing policy information
services or legal consulting services, or requests for coordination and resolution when it considers that its legitimate rights and
interests are damaged or illegally infringed on or may be damaged or illegally infringed on, and the Complaint Service Center coordinates,
resolves and gives a reply.

Article 4

The service claimant shall, following the principles of faithfulness, free will and legality and in accordance with the present Measures,
faithfully provide relevant information according to the facts and provide active assistance to the relevant work of the Complaint
Service Center.

Chapter II Service Claimants and Service Items

Article 5

The “service claimants” as mentioned in the present Measures shall include:

(1)

legal persons, other organizations or individuals that engage in foreign trade in accordance with the Foreign Trade Law of the People’s
Republic of China; and

(2)

Chinese investors engaging in oversea investment according to law.

Article 6

The scope of oversea commercial complaint services to Chinese enterprises shall include:

(1)

import and export of goods;

(2)

import and export of technologies;

(3)

international service trade;

(4)

intellectual property related to foreign trade;

(5)

foreign labor cooperation;

(6)

foreign project contracting;

(7)

oversea investment; and

(8)

other oversea commercial activities.

The oversea commercial complaint services to Chinese enterprises may not include the matters under the jurisdiction of diplomatic
and consular personnel.

Chapter III Complaint Service Center

Article 7

The service items and main responsibilities of the Complaint Service Center shall include:

(1)

providing policy information services within its power so as to reduce the risks that legitimate rights and interests of domestic
enterprises or individuals may be damaged or illegally infringed upon in the oversea commercial activities;

(2)

providing consulting services aiming at common civil and commercial legal disputes;

(3)

accepting the complaints aiming at unfair policies, measures or market barriers of foreign governments or organizations, and then
requesting the relevant departments of the government for intervention and consultation by way of bilateral and multilateral mechanisms,
or resorting to the relevant dispute resolution mechanisms and promoting the solution of problems;

(4)

examining, registering, sorting out, preliminarily analyzing and processing the service requests that meet the prescribed procedures
and conditions according to the present Measures;

(5)

submitting the service requests it has accepted to the relevant party for verification and processing, and conducting follow-up inquiry,
coordination and urgency according to the present Measures;

(6)

feeding back the relevant proceeds or results to the service claimants within the time limit as prescribed in the present Measures;

(7)

analyzing and sorting out the conditions on service requests, and regularly promulgating the analysis reports;

(8)

reporting important sensitive cases or general problems to the relevant departments of the government, and bringing forward suggestions;

(9)

providing legal assistance to the relevant departments of the government;

(10)

establishing and administrating the database of specially invited experts and legal consultants;

(11)

transacting other matters related to the oversea commercial complaint services to Chinese enterprises upon the authorization of the
Ministry of Commerce; and

(12)

undertaking other work directly related to the disposal of service requests.

Article 8

The Complaint Service Center shall establish an emergency treatment mechanism for important events, and incorporate it into the emergency
treatment management system of the Ministry of Commerce.

The “emergency” as mentioned in the present Measures refers to the events that have incurred serious damages and are of broad coverage
or widely concerned about by the general public.

Article 9

The functionaries of the Complaint Service Center shall be familiar with the legal system on foreign economy and trade and the rules
for international economy and trade, keep diligent and faithful, and timely and properly coordinate and transact the service items.

Article 10

The Complaint Service Center and its functionaries shall keep confidential of the business secrets of the service claimants they
have had access to in their work, except the special circumstances as prescribed in the laws or administrative regulations.

Chapter IV Submission of Service Requests

Article 11

The service claimant may forward relevant service requests to the Complaint Service Center through the following means:

(1)

entering the website of 12335.mofcom.gov.cn;

(2)

dialing the hot line of the Complaint Service Center by 12335;

(3)

sending faxes by 12335;

(4)

mailing letters; and

(5)

visits and talks face to face.

Article 12

To request for providing policy information services, a service claimant shall submit the following materials:

(1)

Materials explaining the basic information on the service claimant

If the service claimant is an individual, the name, the name and number of identification certificate, domicile, zip code, contact
phone number of the service claimant as well as the relevant documents proving that the service claimant complies with Article 5
of the present Measures shall be provided;

If the service claimant is a legal person or an organization, the name, code, domicile, zip code, legal representative (or main principal),
contact phone of the service claimant as well as the relevant documents proving that the service claimant complies with Article 5
of the present Measures shall be provided.

(2)

The policy information items that are clearly requested to be submitted; and

(3)

Other materials as required by the Complaint Service Center for providing policy information services.

Article 13

To request for providing consulting services for common civil and commercial legal disputes, a service claimant shall submit the
following materials:

(1)

Materials explaining the basic information on the service claimant

If the service claimant is an individual, the name, the name and number of identification certificate, domicile, zip code, and contact
phone number of the service claimant as well as the relevant documents proving that the service claimant complies with Article 5
of the present Measures shall be provided;

If the service claimant is a legal person or an organization, the name, code, domicile, zip code, legal representative (or main principal),
and contact phone of the service claimant as well as the relevant documents proving that the service claimant complies with Article
5 of the present Measures shall be provided.

(2)

Case summary, including the brief information on all the parties concerned, the country (or region), cause of action, subject of
dispute, and proceeding of the case, etc.;

(3)

Relevant certification materials;

(4)

Matters for which consultancy is clearly requested; and

(5)

Other materials as required by the Complaint Service Center for providing consulting services.

Article 14

To complain about the unfair policies, measures or market barriers of any foreign government or organization, a service claimant
shall submit the following materials:

(1)

Materials explaining the basic information on the service claimant

If the service claimant is an individual, the name, the name and number of identification certificate, domicile, zip code, and contact
phone number of the service claimant as well as the relevant documents proving that the service claimant complies with Article 5
of the present Measures shall be provided;

If the service claimant is a legal person or an organization, the name, code, domicile, zip code, legal representative (or main principal),
and contact phone of the service claimant as well as the relevant documents proving that the service claimant complies with Article
5 of the present Measures shall be provided.

(2)

Basic information on the party against whom the complaint is made, as well as the name, domicile, zip code, contact person and contact
phone and etc. of the oversea government or organization being complained about;

(3)

Policies, measures or market barriers being complained and relevant certification materials;

(4)

Facts (time, place, course, degree, etc.) that the legitimate rights and interests of the complainant are damaged or illegally infringed
upon by the policies, measures or market barriers being complained about, or the possibility analysis that the legitimate rights
and interests of the complainant may be damaged or illegally infringed upon;

(5)

Clear and concrete claims; and

(6)

Other materials as required by the Complaint Service Center for providing consulting services.

The service claimant shall indicate whether or not it allows the department of the government to use its true name or the relevant
materials it provides during the course of negotiation with foreign parties.

Article 15

The materials a service claimant submits shall be written in Chinese.

Chapter V Disposal of Service Requests

Article 16

After the Complaint Service Center receives a service request, it shall examine it within 10 working days, and respectively process
it in light of the following conditions:

(1)

If the service request meets the conditions for acceptance, the Complaint Service Center shall accept it and send out a notice on
acceptance to the service claimant;

(2)

If the service request does not meet the conditions for acceptance, the Complaint Service Center shall send out a notice on refusal
of acceptance, and explain the reasons for the refusal; and

(3)

If the materials need to be supplemented or improved, the Complaint Service Center shall inform the service claimant to do that.

Article 17

The requests that the Complaint Service Center may not accept shall include:

(1)

where the subject qualification of the service claimant does not meet Article 5 of the present Measures;

(2)

where the request is not within the scope of complaint services as prescribed in Article 6 of the present Measures;

(3)

where there is no clear service request item;

(4)

where the service claimant can not provide the materials as prescribed in Items (2) and (3) of Article 13 or Items (3) and (4) of
Article 14 ;

(5)

where the service request is brought forward anonymously;

(6)

where the service request has been or is being accepted by the Complaint Service Center;

(7)

where the service claimant does not provide any new material, but brings forward another request for the matter that has been disposed
by the Complaint Service Center;

(8)

where the service request shall be accepted by the Complaint Center for Foreign-funded Enterprises;

(9)

where the service request shall be accepted by the Complaint Center for Laborers Assigned by China to oversea;

(10)

where the court or arbitral institution within the territory of China has accepted the service request or has rendered a ruling on
it; and

(11)

other service requests that do not comply with the relevant laws or administrative regulations.

Article 18

As to a request for providing policy information services, the Complaint Service Center shall give a reply within 10 working days
upon acceptance.

Article 19

As to a request for providing consulting services for common civil and commercial legal disputes, the Complaint Service Center shall
give a reply within 20 working days upon acceptance.

Article 20

As to a complaint on unfair policies, measures or market barriers of any foreign government or organization, the Complaint Service
Center shall forward it to the Ministry of Commerce for disposal within 3 working days as of acceptance, and notify the conditions
of forwarding the complaint to the service claimant.

Article 21

After the Complaint Service Center solicits the consent of the service claimant, it may forward the complaint consulting contents
to the relevant trade committee or association for reference.

Article 22

Under any of the following circumstances, the service request shall be regarded as having been terminated:

(1)

It has been disposed according to Articles 18, 19 and 20;

(2)

It is found upon verification that the service request does not comply with the facts;

(3)

The service claimant does not offer coordination and refuses to provide authentic information;

(4)

The service claimant applies for revoking the request; and

(5)

Other circumstances under which the request shall be regarded as having been terminated.

After a complaint is terminated, the Complaint Service Center shall timely make registration of the settlement.

Chapter VI Information Management, Statistic Submission and Issuance

Article 23

The Complaint Service Center shall analyze and sort out the data on service requests, and issue analysis reports on the website or
prints every quarter.

Article 24

The Complaint Service Center shall make registration in light of the prescribed format, try to use formatted documents for accepting
and forwarding complaints, notices, replies and etc, and attach the seal of the Complaint Service Center or the special complaint
seal.

Article 25

The relevant materials on service requests as accepted by the Complaint Service Center shall be classified and numbered by schedule,
be bound and put on archives, be kept by special persons and be recorded into the electronic processing system for service requests
of the Complaint Service Center. Without the approval of the relevant person-in-charge, and the foresaid materials may not be lent
out to any other person or be consulted, and shall be kept generally for 3 years. The archival filing period for important archives
shall be properly prolonged.

Chapter VII Supplementary Provisions

Article 26

The power to interpret the present Measures shall remain with the Ministry of Commerce.

Article 27

The present Measures shall come into force as of the day of its promulgation.



 
Ministry of Commerce
2006-08-16

 







MINISTRY OF COMMERCE ANNOUNCEMENT NO.65, 2006, ON ARBITRATION OF MIDTERM REVIEW ON ANTI-DUMPING OF STYRENE-BUTADIENE RUBBER (SBR) ORIGINATING FROM RUSSIAN

Ministry of Commerce Announcement No.65, 2006, on Arbitration of Midterm Review on Anti-dumping of Styrene-butadiene Rubber (SBR)
Originating from Russian

No.65 [2006]

Ministry of Commerce released announcement No. 49, 2003 on Sep 9, 2003, deciding to impose anti-dumping duty on SBR originating from
Russia, the Republic of Korea and Japan. The anti-dumping duty rate on Togliatti Kauchuk Ltd. was stipulated to be 25 percent and
the anti-dumping duty rate on Voronezhsintezkauchuk was stipulated to be 38 percent.

Togliatti Kauchuk Ltd. and Voronezhsintezkauchuk submitted applications to Ministry of Commerce on Oct 9, 2005 for midterm review
of dumping and dumping profit margin and provided related supplementary materials in accordance with relevant requirements.

In accordance with preliminary evidences, Ministry of Commerce release announcement of case registration on Dec 6, 2005, deciding
to carry out midterm review of dumping and dumping profit margin on SBR anti-dumping measures applied to Togliatti Kauchuk Ltd. and
Voronezhsintezkauchuk. The investigation scope included normal value, export price and dumping profit margin of the investigated
commodity, the tariff numbers of which were 40021911, 40021912 and 40021919.

In accordance related regulations of article 50 of Anti-dumping Regulations of the People’s Republic of China, Provisional Regulations
of Midterm Review of Dumping and Dumping Profit Margin of Ministry of Commerce and decisions of Tariff Committee of the State Council,
related matters are now announced as follows:

1.

the anti-dumping tax rates of Togliatti Kauchuk Ltd and Voronezhsintezkauchuk are adjusted to be 6.8 percent and 4.02 percent.

2.

As from Aug 22, 2006, importers shall pay anti-dumping duties in line with the adjusted tax rates for importing SBR originating from
Russia and produced by the companies of Togliatti Kauchuk Ltd and Voronezhsintezkauchuk.

3.

The decision takes effect as from Aug 22, 2006.

Appendix: Ministry of Commerce Arbitration of Midterm Review on Styrene-butadiene rubber (SBR) Originating from Russia. (omitted)

Ministry of Commerce

Aug 22, 2006



 
Ministry of Commerce
2006-08-22

 







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...