the Ministry of Finance
Accounting Standards for Enterprises No. 22 – Recognition and Measurement of Financial Instruments
No. 3 [2006] of the Ministry of Finance
February 25, 2006
Chapter I General Principles
Article 1
With a view to regulating the recognition and measurement of financial instruments, the present Standards are formulated according
to the Accounting Standards for Enterprises – Basic Principles .
Article 2
The term “financial instruments” refers to the contracts under which the financial assets of an enterprise are formed and the financial
liability or right instruments of any other entity are formed.
Article 3
The term “derivative instruments” refers to the financial instruments or other contracts which are involved in the present Standards
and are characterized by the following:
(1)
The values thereof varies with particular interest rates, prices of financial instruments, prices of commodities, foreign exchange
rates, price indexes, premium rate indexes, credit ratings, credit indexes and other similar variables; if the variable is a non-financial
variable, there shall not exist any special relationship between such variable and any party to the contract;
(2)
No initial net investment is required, or, as compared to contracts of other types that have similar responses to the market changes,
very little initial net investment is required;
(3)
It is settled on a certain future date.
Derivative instruments shall include forward contracts, futures contracts, exchanges and options, as well as the instruments that
contain one or more of the characters of a forward contract, futures contract, exchange or option.
Article 4
The following items shall be subject to other relevant accounting standards:
(1)
The long-term equity investments as regulated by the Accounting Standards for Enterprises No. 2 – Long-term Equity Investment shall
be subject to the Accounting Standards for Enterprises No. 2 – Long-term Equity Investments;
(2)
The share-based payments as regulated by the Accounting Standards for Enterprises No. 11 – Share-based Payments shall be subject to
the Accounting Standards for Enterprises No. 11 – Share-based Payments;
(3)
The recombination of debts shall be subject to the Accounting Standards for Enterprises No. 12 – Debt Recombination;
(4)
The rights available from the settlement of anticipated debts shall be subject to the Accounting Standards for Enterprises No. 13
– Contingencies;
(5)
The contingent consideration contracts of the combining parties in business combinations shall be subject to the Accounting Standards
for Enterprises No. 2 – Business Combination;
(6)
The rights and obligations involved in a lease shall be subject to the Accounting Standards for Enterprises No. 21 – Leases;
(7)
The transfer of financial assets shall be subject to the Accounting Standards for Enterprises No. 23 – Transfer of Financial Assets;
(8)
Hedges shall be subject to the Accounting Standards for Enterprises No. 24 – Hedging;
(9)
The rights and obligations involved in the original insurance contracts shall be subject to the Accounting Standards for Enterprises
No. 25 – Original Insurance Contracts;
(10)
The rights and obligations involved in a re-insurance contract shall be subject to the Accounting Standards for Enterprises No. 26
– Re-insurance Contracts;
(11)
The equity instruments as issued by an enterprise shall be subject to the Accounting Standards for Enterprises No. 37 – Presentation
of Financial Instruments.
Article 5
The present Standards does not regulate the irrevocable credit commitments as made by enterprises (i.e., commitments to grant loans),
with the exception of the following:
(1)
the designated commitments to grant loans made to the financial liabilities which are measured at their fair values, of which the
variation is recorded into the profits and losses of the current period;
(2)
the commitments to grant loans which can be settled with the net amount of cash or by way of exchange or by issuing any other financial
instruments; and
(3)
the commitments to grant loans at an interest rate which is lower than the market interest rate.
For the commitments to grant loans not regulated by the present Standards, the Accounting Standards for Enterprises No. 13 – Contingencies
shall apply.
Article 6
The present Standards does not regulate the contracts, which are concluded for the stipulated purchase, sale or use, and, when the
time becomes mature, non-financial items are bought or sold as a performance of the contract. However, the contracts which can be
settled with cash or the net amount of other financial instruments or can be bought or sold and settled by exchanging financial instruments
shall be subject to the present Standards.
Chapter II Classification of Financial Assets and Financial Liabilities
Article 7
Financial assets shall be classified into the following four categories when they are initially recognized:
(1)
the financial assets which are measured at their fair values and the variation of which is recorded into the profits and losses of
the current period, including transactional financial assets and the financial assets which are measured at their fair values and
of which the variation is included in the current profits and losses;
(2)
the investments which will be held to their maturity;
(3)
loans and the account receivables; and
(4)
financial assets available for sale.
Article 8
Financial liabilities shall be classified into the following two categories when they are initially recognized:
(1)
the financial liabilities which are measured at their fair values and of which the variation is included in the current profits and
losses, including transactional financial liabilities and the designated financial liabilities which are measured at their fair values
and of which the variation is included in the current profits and losses; and
(2)
other financial liabilities.
Article 9
The financial assets or liabilities meeting any of the following requirements shall be classified as transactional financial assets
or financial liabilities:
(1)
The purpose to acquire the said financial assets or undertake the financial liabilities is mainly for selling or repurchase of them
in the near future;
(2)
Forming a part of the identifiable combination of financial instruments which are managed in a centralized way and for which there
are objective evidences proving that the enterprise may manage the combination by way of short-term profit making in the near future;
(3)
Being a derivative instrument, excluding the designated derivative instruments which are effective hedging instruments, or derivative
instruments to financial guarantee contracts, and the derivative instruments which are connected with the equity instrument investments
for which there is no quoted price in the active market, whose fair value cannot be reliably measured, and which shall be settled
by delivering the said equity instruments.
Article 10
Besides the provisions of Article 21 and 22 of the present Standards, only the financial assets or financial liabilities meeting
any of the following requirements can be designated, when they are initially recognized, as financial assets or financial liabilities
as measured at its fair value and of which the variation is included in the current profits and losses:
(1)
The designation is able to eliminate or obviously reduce the discrepancies in the recognition or measurement of relevant gains or
losses arisen from the different basis of measurement of the financial assets or financial liabilities;
(2)
The official written documents on risk management or investment strategies of the enterprise concerned have recorded that the combination
of said financial assets, the combination of said financial liabilities, or the combination of said financial assets and financial
liabilities will be managed and evaluated on the basis of their fair values and be reported to the key management personnel.
The equity investment instruments, for which there is no quoted price in the active market and whose fair value cannot be reliably
measured, shall not be designated as a financial asset which is measured at its fair value and of which the variation is recorded
into the profits and losses of the current period.
The active market refers to the markets which are concurrently featured by the following:
(1)
The objects of transaction in the market are homogeneous;
(2)
Buyers and sellers are available at any time to undertake the transaction at their own free will; and
(3)
The pricing information of the market is open.
Article 11
The term “held-to-maturity investment” refers to a non-derivative financial asset with a fixed date of maturity, a fixed or determinable
amount of repo price and which the enterprise holds for a definite purpose or the enterprise is able to hold until its maturity.
The following non-derivative financial assets shall not be classified as investments held to their maturity:
(1)
the designated non-derivative financial assets which, at their initial recognition, are measured at their fair values and of which
the variation is included in the current profits and losses;
(2)
the non-derivative financial assets which are designated as sellable at their initial recognition; and
(3)
loans and account receivables.
An enterprise shall, on the balance sheet date, make an appraisal on its purpose of holding and ability to hold. Where there is any
change, it shall be dealt with according to the present Standards.
Article 12
Under any of the following circumstances, it shows that the enterprise concerned does not have a clear intention to hold the financial
asset investment until its maturity:
(1)
The term for holding the financial assets is not definite;
(2)
It will sell the financial assets when any of the following changes: the market interest rate, the fluid demand, the substitutive
investment opportunity or the investment returns ratio, the source and condition of financing, or foreign exchange risk and etc.,
with the exception of the sale of the financial assets which is caused by any uncontrollable and independent event which is anticipated
not to repeat and is difficult to be reasonably predicted;
(3)
The issuer of the financial assets can settle it with a sum which is obviously lower than the post-amortization cost;
(4)
Any other circumstance which shows that the enterprise concerned does not have the clear intention to hold the financial assets until
its maturity.
Article 13
The post-amortization cost of a financial asset or financial liability refers to the following result after adjustment of the initially
recognized amount of the financial asset or financial liability:
(1)
after deducting the already paid principal;
(2)
after plus or minus the accumulative amount of amortization incurred from amortizing the balance between the initially recognized
amount and the amount of the maturity date by adopting the actual interest rate method; and
(3)
after deducting the impairment losses that have actually incurred (only applicable to financial assets).
Article 14
The actual interest rate method refers to the method by which the post-amortization costs and the interest incomes of different installments
or interest expenses are calculated in light of the actual interest rates of the financial assets or financial liabilities (including
a set of financial assets or financial liabilities).
The actual interest rate refers to the interest rate adopted to cash the future cash flow of a financial asset or financial liability
within the predicted term of existence or within a shorter applicable term into the current carrying amount of the financial asset
or financial liability.
When the actual interest rate is determined, the future cash flow shall be predicted on the basis of taking into account all the contractual
provisions concerning the financial asset or financial liability (including the right to repay the loan ahead of schedule, call options,
similar options and etc.), and the future credit losses shall not be taken into account.
The various fee charges, trading expenses, premiums or reduced values, etc., which are paid or collected by the parties to a financial
asset or financial liability contract and which form a part of the actual interest rate, shall be taken into account in the determination
of the actual interest rate. Where the future cash flow or term of existence of a financial asset or financial liability cannot be
predicted reliably, the contractual cash flow of the financial asset or financial liability for the whole term of the contract shall
be taken into account.
Article 15
Under any of the following circumstances, it shows that the enterprise concerned is not able to hold the fixed term financial asset
investment until its maturity:
(1)
Having no available financial resources to continuously provide funds to the financial asset investment so as to hold the financial
asset investment until its maturity;
(2)
Being subject to the restriction of any law or administrative regulation so that it is hard for the enterprise concerned to hold the
financial asset investment until its maturity;
(3)
Any other circumstance showing that the enterprise concerned is not able to hold the fixed term financial asset investment until its
maturity.
Article 16
Where an enterprise sells its outstanding held-to-maturity investment within the current accounting year or re-classifies it as the
amount of sellable financial asset, and the such amount is considerably large as compared with the amount before such investment
is sold or re-classified, the surplus of such investment shall be re-classified as a sellable financial asset which shall not be
classified as a held-to-maturity investment within the current accounting year and the following two complete accounting years. However,
the following circumstances shall be excluded:
(1)
The date of sale or re-classification is quite near to the maturity date or the repo date of the said investment (e.g., within 3 months
prior to maturity) that any change of the market interest rate will produce little impact upon the fair value of the said investment;
(2)
After almost all the initial principal of the investment has been drawn back by way of repayment at fixed intervals or repayment ahead
of schedule according to the provisions of the contract, the remaining part of the investment will be sold or re-classified;
(3)
The sale or re-classification is caused by any independent event that the enterprise cannot control, is predicted not to occur again
and is hard to be reasonably predicted. Such events mainly include:
i.
The held-to-maturity investment is sold due to the serious worsening of the credit situation of the investee;
ii.
The held-to-maturity investment is sold due to the fact that the relevant tax provisions have canceled the relevant policies on the
pre-tax credit of interest taxes against the held-to-maturity investment or have remarkably reduced the pre-tax creditable amount;
iii.
The held-to-maturity investment is sold due to any important business enterprise combination or serious disposal so as to maintain
the prevailing interest risk position or maintain the prevailing credit risk policies;
iv.
The held-to-maturity investment is sold due to any significant readjustment of laws or administrative regulations on the scope of
permitted investment or the amount of investment of any particular investment product;
v.
The held-to-maturity investment is sold due to the regulatory departments demands for significantly enhancing the fluidity of assets
or significantly enhancing the risk weight of the held-to-maturity investment in the calculation of capital adequacy ratio;
Article 17
“Loans and accounts receivable” refers to the non-derivative financial assets for which there is no quoted price in the active market
and of which the repo amount is fixed or determinable. An enterprise shall not classify any of the following non-derivative financial
assets as a loan or account receivable:
(1)
the non-derivative financial assets which are to be sold immediately or in the near future;
(2)
the non-derivative financial assets which are designated to be measured at their fair value when they are initially recognized and
of which the variation is recorded into the profits and losses of the current period;
(3)
the non-derivative financial assets which are designated as sellable when they are initially recognized;
(4)
the non-derivative financial assets whose holder finds it hard to take back almost all of the initial investment due to any reason
other than the worsening of the credit of the debtor.
The funds for securities investment and other similar funds as held by an enterprise shall not be classified as a loan or account
receivable.
Article 18
The “sellable financial assets” refers to the non-derivative financial assets which are designated as sellable when they are initially
recognized as well as the financial assets other than those as described below:
(1)
loans and accounts receivables;
(2)
investments held until their maturity; and
(3)
financial assets measured at their fair values and of which the variation is recorded into the profits and losses of the current period.
Article 19
An enterprise shall not, after classifying a financial asset or financial liability as a financial asset or financial liability measured
at its fair value and of which the variation is recorded into the profits and losses of the current period when it is initially recognized,
re-classify it as any other type of financial assets or financial liabilities, nor may it re-classify any other type of financial
assets or financial liabilities as a financial asset or financial liability measured at its fair value and of which the variation
is recorded into the profits and losses of the current period.
Chapter III Embedded Derivative Instruments
Article 20
An embedded derivative instrument shall refer to a derivative instrument which is embedded into a non-derivative instrument (namely,
the principal contract) so that some or all of the cash flow of the mixed instrument changes with the change of particular interest
rates, prices of the financial instrument, prices of commodities, foreign exchange rates, pricing indexes, premium rate indexes,
credit ratings, credit indexes or other similar variables. The embedded derivative instruments and the principal contract jointly
form into a mixed instrument, e.g., the convertible company bonds, etc.
Article 21
An enterprise may designate a mixed instrument as a financial asset or financial liability measured at its fair value and of which
the variation is recorded into the profits and losses of the current period, excepting those under the following circumstances:
(1)
Where the embedded derivative instrument does not significantly change the cash flow of the mixed instrument;
(2)
Where the derivative instruments embedded in similar mixed instruments shall obviously not be separated from the relevant mixed instruments.
Article 22
Where a mixed instrument related to an embedded derivative instrument fails to be designated as a financial asset or financial liability
measured at its fair value and of which the variation is included in the current profits and losses, and it can simultaneously meet
the following conditions, the embedded derivative instrument shall be separated from the mixed instrument and treated as an independent
derivative instrument:
(1)
Where there is no close relationship between it and the principal contract in terms of economic features and risks; and
(2)
Where it shares the same conditions with that of the embedded derivative instrument, and the independent instrument meets the requirements
of the definition of derivative instrument.
Where it is impossible to make an independent measurement when it is obtained or subsequently on the balance sheet date, the mixed
instrument shall be designated entirely as a financial asset or financial liability measured at its fair value and of which the variation
is included in the current profits and losses.
Article 23
Where the principal contract is a financial instrument after the embedded derivative instrument is separated from the mixed instrument
according to the present Standard, it shall be dealt with according to the present Standard; if the principal contract is a non-financial
instrument, it shall be dealt with according to other accounting standards.
Chapter IV Recognition of Financial Instruments
Article 24
When an enterprise becomes a party to a financial instrument, it shall recognize a financial asset or financial liability.
Article 25
Where a financial asset satisfies any of the following requirements, the recognition of it shall be terminated:
(1)
Where the contractual rights for collecting the cash flow of the said financial asset are terminated; or
(2)
Where the said financial asset has been transferred and meets the conditions for recognizing the termination of financial assets as
provided for in Accounting Standards for Enterprises No. 23 – Transfer of Financial Assets.
The “termination of recognition” shall refer to the writing off the financial asset or financial liability from the account or balance
sheet of the enterprise concerned.
Article 26
Only when the prevailing obligations of a financial liability are relieved in all or in part may the recognition of the financial
liability be terminated in all or partly.
Where an enterprise transfers any of its assets used for repaying its financial liabilities into any institution or to establish a
trust, and the prevailing obligations to repay the liabilities remain to exist, it shall not terminate the recognition of the said
financial liability and the transferred asset.
Article 27
Where an enterprise (debtor) enters into an agreement with a creditor so as to substitute the existing financial liabilities by way
of any new financial liability, and if the contractual stipulations regarding the new financial liability is substantially different
from that regarding the existing financial liability, it shall terminate the recognition of the existing financial liability, and
shall at the same time recognize the new financial liability.
Where an enterprise makes substantial revisions to some or all of the contractual stipulations of the existing financial liability,
it shall terminated the recognition of the existing financial liability or part of it, and at the same time recognize the financial
liability after revising the contractual stipulations as a new financial liability.
Article 28
Where the recognition of a financial liability is totally or partially terminated, the enterprise concerned shall include into the
profits and losses of the current period the gap between the carrying amount which has been terminated from recognition and the considerations
it has paid (including the non-cash assets it has transferred out and the new financial liabilities it has assumed).
Article 29
Where an enterprise buys back part of its financial liabilities, it shall distribute, on the repo day, the carrying amount of the
whole financial liabilities in light of the comparatively fair value of the part that continues to be recognized and the part whose
recognition has already been terminated. The gap between the carrying amount which is distributed to the part whose recognition has
terminated and the considerations it has paid (including the non-cash assets it has transferred out and the new financial liabilities
it has assumed) shall be recorded into the profits and losses of the current period.
Chapter V Measurement of Financial Instruments
Article 30
The financial assets and financial liabilities initially recognized by an enterprise shall be measured at their fair values. For the
financial assets and liabilities measured at their fair values and of which the variation is recorded into the profits and losses
of the current period, the transaction expenses thereof shall be directly recorded into the profits and losses of the current period;
for other categories of financial assets and financial liabilities, the transaction expenses thereof shall be included into the initially
recognized amount.
Article 31
The “transaction expenses” refers to the newly added external expenses attributable to the purchase, distribution or disposal of a
financial instrument. The newly added external expenses refer to the expenses that will occur only when the enterprise concerned
purchases, distributes, or disposes of any financial instrument.
The transaction expenses include handing charges and commissions as well as other necessary expenditures an enterprise pays to its
agency institutions, consultation companies, securities dealers and etc., but exclude the bond premiums, reduced values, financing
expenses, internal management costs, and other expenses that are not directly related to the transaction.
Article 32
An enterprise shall make subsequent measurement on its financial assets according to their fair values, and may not deduct the transaction
expenses that may occur when it disposes of the said financial asset in the future. However, those under the following circumstances
shall be excluded:
(1)
The investments held until their maturity, loans and accounts receivable shall be measured on the basis of the post-amortization costs
by adopting the actual interest rate method;
(2)
The equity instrument investments for which there is no quotation in the active market and whose fair value cannot be measured reliably,
and the derivative financial assets which are connected with the said equity instrument and must be settled by delivering the said
equity instrument shall be measured on the basis of their costs.
Article 33
An enterprise shall make subsequent measurement on its financial liabilities on the basis of the post-amortization costs by adopting
the actual interest rate method, with the exception of those under the following circumstances:
(1)
For the financial liabilities measured at their fair values and of which the variation is recorded into the profits and losses of
the current period, they shall be measured at their fair values, and none of the transaction expenses may be deducted, which may
occur when the financial liabilities are settled in the future;
(2)
For the derivative financial liabilities, which are connected to the equity instrument for which there is no quotation in the active
market and whose fair value cannot be reliably measured, and which must be settled by delivering the equity instrument, they shall
be measured on the basis of their costs.
(3)
For the financial guarantee contracts which are not designated as a financial liability measured at its fair value and the variation
thereof is recorded into the profits and losses of the current period, and for the commitments to grant loans which are not designated
to be measured at the fair value and of which the variation is recorded into the profits and losses of the current period and which
will enjoy an interest rate lower than that of the market, a subsequent measurement shall be made after they are initially recognized
according to the higher one of the following:
i.
the amount as determined according to the Accounting Standards for Enterprises No. 13 – Contingencies; or
ii.
the surplus after accumulative amortization as determined according to the principles of the Accounting Standards for Enterprises
No. 14 – Revenues is subtracted from the initially recognized amount.
Article 34
Where an enterprise has the intention of holding or the ability to make changes so that an investment is no longer suitable to be
classified as a held-to-maturity investment, the investment shall be re-classified as a sellable financial asset, and a subsequent
measurement shall be made at it fair value. The balance between the carrying amount of the said investment at the re-classification
day and the fair value shall be computed into the owners equity, and when the said sellable financial asset is impaired or transferred
out when it is terminated from recognizing, it shall be recorded into the profits and losses of the current period.
Article 35
Where part of the held-to-maturity investment is sold or the re-classified amount thereof is considerably large, and if it does not
fall within any of the exceptions as described in Article 16 , so that the remainder of the said investment is no longer suitable
to be classified as a held-to-maturity investment, the enterprise shall re-classify the remainder of the said investment as a sellable
financial asset, and shall make subsequent measurement on it according to its fair value. The gap between the carrying amount of
the said remnant part of the investment at the re-classification day and the fair value shall be computed into the owners equity.
And when the said sellable financial asset is impaired or transferred out when it is terminated from recognition, it shall be recorded
into the profits and losses of the current period.
Article 36
As for the financial assets and financial liabilities, which, according to the present Accounting Standards, shall be measured at
their fair values, but of which the prior fair values cannot be measured reliably, the enterprise shall measure them at their fair
values when their fair values can be reliably measured, and the gap between the relevant carrying amount and the fair value shall
be dealt with according to Article 38 of the present Accounting Standards herein.
Article 37
Where the intention of holding or the ability to hold changes, or the fair value can not be reliably measured any more, or the term
of holding has exceeded “two complete accounting years” as described in Article 16 of the present Accounting Standards herein, which
makes it no longer sui
General Administration of Quality Supervision, Inspection and Quarantine, General Administration of Customs, Ministry of Commerce
and Ministry
GAQSIQ, GAC, MOFCOM and MCA Announcement No.17, 2006, Announcement on Strengthening Supervision and Administration on Import of Donated
Medical Appliances
[2006] No.17
Since 2004, some foreign charities have been transferring inferior medical appliances, or even medical junks to China in name of donations,
resulting in serious potential safety hazard. For purposes of ensuring security and effectiveness of imported medical appliances
and safeguarding health and life safety of Chinese citizens, related regulations on importing donated medical appliances are now
announced in accordance with related laws and regulations.
1.
Foreign donators are forbidden from secretly carrying commodities listed in List of Commodities Forbidden to Be Imported when donating
medical appliances to China.
The donated medical appliances must be new and registered in China. Prohibited articles that are harmful to environment, public sanitation
and social standards as well as contrabands of political pervasion are strictly forbidden.
2.
When importing donated medical appliances listed in List of Electromechanical Products with Automatic Import Permission, importers
should apply for Automatic Import License of the People’s Republic of China to administrative commercial departments before going
through formalities of declaration.
3.
General Administration of Quality Supervision, Inspection and Quarantine will record the import of donated medical appliances before
inspection. All foreign charities or their agencies in china shall apply for registration to General Administration of Quality Supervision,
Inspection and Quarantine in case of intending to donate medical appliances to China. Donated medical appliances should be registered
before inspection; General Administration of Quality Supervision, Inspection and Quarantine will carry out preliminary examination
on materials of registration in accordance with Article 1 of this Announcement. In case of necessity, General Administration of
Quality Supervision, Inspection and Quarantine will organize preliminary inspection before the shipment; in case of particularity,
Ministry of Civil Affairs will carry out special treatment after consultation with General Administration of Quality Supervision,
Inspection and Quarantine.
4.
Customs will examine and approve the import of donated medical appliances (no matter they are listed in the List of Entry-Exit Commodity
of Inspection and Quarantine or not) based on Declared From of Imported Commodity with words of “donated articles” issued by institutes
of inspection and quarantine; as regards those related to import license administration, Customs will check import licenses in addition.
5.
The receivers of donated medical appliances or their agencies must apply for import inspection to institutes of inspection and quarantine,
which will accept declaration of examination and carry out inspection on ports as well as sites where the medical appliances are
used based on effective materials of registration.
Receivers can only use eligible donated medical appliances with Certification of Inspection and Quarantine of Commodities of Entry
released by institutes of inspection and quarantine. The inferior medical appliances should either be treated in accordance with
related laws and regulations, or transferred to related Customs for disposal; the results of disposal should be reported to General
Administration of Quality Supervision, Inspection and Quarantine and General Administration of Customs as soon as possible.
6.
Administrative units of non-governmental organizations and administrative organs of registration shall enhance supervision and administration
on non-governmental organizations that receive the donations. Non-governmental organizations that receive illegal donations, especially
those spitefully transfer medical junks to China will be severely punished and even their registrations will be cancelled.
7.
This Announcement takes effect as from release.
General Administration of Quality Supervision, Inspection and Quarantine
General Administration of Customs
Ministry of Commerce
Ministry of Civil Affairs
Feb 15, 2006
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