Facebook
Home German Laws Page 70

German Laws

SUPPLEMENTARY PROVISIONS TO THE PROVISIONS ON THE ESTABLISHMENT OF INVESTMENT COMPANIES BY FOREIGN INVESTORS

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

No. 3

Supplementary Provisions to the Provisions on the Establishment of Investment Companies by Foreign Investors were adopted at the 5th
executive meeting of the Ministry of Commerce of the People’s Republic of China on May 17, 2006. The supplementary provisions are
hereby promulgated and shall be implemented as of July 1, 2006.

Bo Xilai, Minister of the Ministry of Commerce

May 26, 2006

Supplementary Provisions to the Provisions on the Establishment of Investment Companies by Foreign Investors

With a view to further encouraging transnational corporations to invest in China and perfecting the functions of investment companies,
the supplementary provisions to the Provisions on the Establishment of Investment Companies by Foreign Investors issued by the Ministry
of Commerce in Nov. 17, 2004 (Order of the Ministry of Commerce, [2004] No. 22, hereinafter referred to as the Order No. 22) are
prescribed as follows:

I.

Article 7 of the No. 22 Order shall be modified as: “A foreign investor shall use a convertible currency or the Renminbi profits
it obtains within the territory of China or the lawful Renminbi proceeds it obtains due to share transfer or liquidation, etc. as
the registered capital it contributes to the investment company. A Chinese investor may invest in Renminbi. If a foreign investor
uses its lawful Renminbi proceeds as the registered capital and contributes to the investment company, it shall submit the Certificate
of Verification issued by foreign exchange departments on the Renminbi proceeds within the territory of China and foreign exchange
businesses under the capital account based on the re-investment of other lawful Renminbi proceeds and other relevant evidential documents
and tax payment receipts. At least 30,000,000 US dollars of the investment shall be contributed within two years from the day when
the business license is issued. And the rest of registered capital shall be fully contributed in five years as of the day the business
license is issued.”

II.

An investment company is allowed to undertake the share business outsourcing of companies outside the territory of China.

III.

Article 11 of the No. 22 Order shall be modified as: “The investment company undertaking goods import & export or technology
import & export shall conform to Measures for the Record-keeping and Registration of Foreign Trade Operators; an investment company
can handle the formalities of export refund in accordance with relevant provisions.

Investment companies may sell goods imported abroad by themselves and purchased at home by means of commission agency (with the exception
of auction) or by wholesale. Sales of goods that are special or sold in the way of retailing or franchising shall be done in accordance
with relevant provisions.”

IV.

An investment company shall be allowed to make strategic investment in listed companies in light of relevant provisions, and shall
be considered as stockholders outside the territory of China of joint stock limited companies.

V.

For the purpose of developing the product market, the investment companies satisfying the requirements as prescribed in the Order
No. 22 may sell relevant products on trial before the enterprises they have invested start producing or new products thereof go into
production.

VI.

Article 16 of the Order No. 22 shall be deleted.

VII.

Where a foreign investor contributes (or increases) capitals to an investment company with Renminbi profits it obtains within the
territory of China or the lawful Renminbi proceeds it obtains due to share transfer or liquidation, etc., it may invest the whole
or part of the registered capital to establish enterprises within the territory of China. An enterprise established with the aforesaid
registered capital may apply for handling the formalities of foreign exchange registration of foreign enterprises and confirmation
of registered capital verification to local foreign exchange administrations on the strength of the documents of approval issued
by the examination and approval organ, by which an enterprise is set up with the above registered capital, and the documents of examination
and approval on foreign exchange businesses under the capital account issued by foreign exchange administrations, by which a foreign
investor contributes or increases the capital with the Renminbi proceeds and other lawful Renminbi proceeds, and the documents of
written explanation issued by the investment company that the Renminbi investment is from the aforesaid registered capital. And it
is unnecessary for the enterprise to handle the formalities of getting the document of examination and approval on foreign exchange
businesses under the capital account once more.

Where an investment company of Chinese-foreign equity joint venture establishes an enterprise in China with the registered capital
contributed by the Chinese investor in terms of Renminbi, it is unnecessary to conduct the formalities of foreign exchange registration
of foreign-funded enterprises, foreign exchange registration of foreign investment in the form of foreign exchange upon transfer
of stock rights, confirmation request for capital verification, foreign exchange registration of foreign investment, and other formalities
related to foreign exchange control; it may normally conduct the procedures for confirmation of registered capital verification in
light of relevant provisions on ordinary enterprises within the territory of China.

VIII.

Subparagraph (1) of Paragraph (2) of Article 22 in the Order No. 22 shall be modified as: “The business as prescribed in Articles
10, Article 11 and Article 15 of these Provisions.”

IX.

Upon approval of the Ministry of Commerce, the investment company determined as the regional headquarter is allowed to engage in
services of operative lease and financial lease.

X.

The investment company determined as the regional headquarter is allowed to entrust other domestic company with producing or processing
its products and selling them at home and abroad, and engage in processing trade of selling all products abroad.

XI.

With approval of foreign exchange administrations, the investment company functioning as the financial center or capital management
center and determined as the regional headquarter may have central management on the foreign exchange capital of its associated companies
within the territory of China, and may open an offshore account at banks within the territory of China and have central management
on the foreign exchange capital of its associated companies outside the territory of China and the foreign exchange capital of its
associated companies within the territory of China approved by foreign exchange administrations to lend loans abroad. Businesses
between offshore accounts and other accounts shall be managed as transactional capital.

XII.

An investment company shall report the information on investment and operation of the last year to the Ministry of Commerce for archival
purposes in compliance with the prescribed contents, format and means. And it shall report relevant information to the Ministry of
Commerce in a timely manner. The Ministry of Commerce shall undertake the obligation to keep confidential as to the information reported
by investment companies.

XIII.

Where an investment company fails to report the relevant information as requested in Article 12 , the Ministry of Commerce shall
handle it in accordance with the relevant provisions.

XIV.

These Provisions shall come into force as of July 1, 2006. In case any discrepancy exists between the Order No. 22 and these Provisions,
the latter shall prevail.



 
Ministry of Commerce
2006-05-26

 






NOTICE OF THE SUPREME PEOPLE’S COURT ON THE THIRD CIVIL DIVISION OF THIS COURT SHALL BE OFFICIALLY ADDRESSED AS “INTELLECTUAL PROPERTY DIVISION”

Notice of the Supreme People’s Court on the Third Civil Division of This Court shall be Officially Addressed as “Intellectual Property
Division”

Fa Fa [2006] No. 14

The higher people’s Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the military
courts of the P LA, the Production and Construction Army Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region:

The Third Civil Division of the Supreme People’s Court shall be officially addressed as “Intellectual Property Division of the Supreme
People’s Court”, according to the requirements of adjudicative work and upon the approval of the General Office of the Central Organization
& Staffing Committee. The people’s courts at various local levels which have established an intellectual property adjudicative
organ shall regard it as reference.

The Supreme People’s Court

June 5, 2006



 
Supreme People’s Court
2006-06-05

 






MEASURES FOR THE ADMINISTRATION OF THE SECURITIES SETTLEMENT RISK FUND

Circular of the China Securities Regulatory Commission concerning Promulgating the Measures for the Administration of the Securities
Settlement Risk Fund

Zheng Jian Fa [2006] No. 65

Shanghai Stock Exchange and Shenzhen Stock Exchange, China Securities Depository & Clearing Corporation Limited and all clearing
participants:

In accordance with the provisions of the Securities Law of the People’s Republic of China, China Securities Regulatory Commission,
in conjunction with the Ministry of Finance, jointly formulated the Measures for the Administration of the Securities Settlement
Risk Fund and hereby issued for your implementation.

China Securities Regulatory Commission

June 16, 2006

Measures for the Administration of the Securities Settlement Risk Fund

Article 1

In order to prevent and solve the risks of the securities market, safeguard a sound operation of the securities depository &
clearing system as well as manage and use the securities settlement risk fund in a proper manner, these Measures are formulated under
the relevant provisions of the Securities Law of the People’s Republic of China.

Article 2

Securities settlement risk fund (hereinafter referred to as this Fund) herein referred to in these Measures is a special fund that
is established to be used in advance payment or cover of the losses of the securities depository & clearing institution as incurred
from delivery under breach of contract, technical malfunction, wrong operations or force majeure.

Article 3

Sources of this Fund are:

(1)

Separate withdrawal with respect to 20% of the incomes and benefits of the securities depository & clearing institution;

(2)

Payment of the clearing participants with respect to 0.03￿￿f the business volume of Renminbi common stocks and funds, 0.01￿￿f
the business volume of treasury bond spot, 0.0005￿￿f the business volume of 1-day treasury bond repurchase, 0.001￿￿f the business
volume of 2-day treasury bond repurchase, 0.0015￿￿f the business volume of 3-day treasury bond repurchase, 0.002￿￿f the business
volume of 4-day treasury bond repurchase, 0.005￿￿f the business volume of 7-day treasury bond repurchase, 0.01_￿￿f the business
volume of 14-day treasury bond repurchase, 0.02￿￿f the business volume of 28-day treasury bond repurchase, 0.06￿￿f the business
volume of 91-day treasury bond repurchase, 0.12￿￿f the business volume of 182-day treasure bond repurchase on a daily basis.

Article 4

When the net asset of this Fund reaches or exceeds 3 billion yuan at the end of each fiscal year, the relevant fund shall not be
drawn pursuant to the provisions of Subparagraph (1), Article 3 of the present Measures in the following year, the clearing participants
may not make payment pursuant to the provisions of Subparagraph (2), Article 3 of these Measures, yet the term of the payment as
made by each clearing participant pursuant to Subparagraph (2), Article 3 of these Measures after joining the settlement system
shall be no less than 1 year.

Article 5

Where the net asset of this Fund is less than 3 billion yuan at the end of each fiscal year, this Fund shall be further drawn pursuant
to the provisions of Subparagraph (1), Article 3 of these Measures and the relevant clearing participants shall continually make
their payment pursuant to the provisions of Subparagraph (2), Article 3 of these Measures.

Article 6

The China Securities Regulatory Commission may, in conjunction with the Ministry of Finance may, adjust the scale, the method and
proportion of withdrawal and payment of this Fund in light of the market risks

Article 7

The securities deposit & clearing institution shall appoint an organ to be responsible for the daily administration and use of
this Fund.

Article 8

This Fund shall be entirely deposited into a special account of a state commercial bank and all of the deposit interests shall be
transferred into the special fund account.

Article 9

The assets of this Fund and those of the securities deposit & clearing institution shall be separated into different accounts.
Ledger accounts shall be established for this Fund so as to respectively record the assets, interest incomes of this Fund and the
use of the principals as well as the interests of the corresponding assets as generated under the Subparagraphs of Article 3 of
the present Measures.

Article 10

The minimum payment of this Fund is 20 million yuan. Where any securities deposit & clearing institution uses this Fund, it shall
apply to the China Securities Regulatory Commission as well as the Ministry of Finance for approval.

Article 11

Where the breach of contract by the clearing participant causes any of the circumstances as prescribed in Article 2 , this Fund shall
be employed in the sequence as follows:

(1)

Capital as paid by the delinquent clearing participant in accordance with Subparagraph (2), Article 3 of these Measures;

(2)

Capital as paid by any other clearing participant in accordance with Subparagraph (2), Article 3 of these Measures; and

(3)

Capital as drawn in accordance with Subparagraph (1), Article 3 of these Measures.

Article 12

The securities deposit & clearing institution shall, subject to the provisions of relevant laws and administrative regulations,
establish and improve the operating rules, internal management system as well as clearing participant supervision system so as to
avoid any risk or accident to the largest extent.

Article 13

After this Fund is employed, the securities deposit & clearing institution shall make a compensation claim from the relevant
responsible parties and the recovered funds shall be transferred into this Fund. Meanwhile, the relevant operating rules, internal
management system as well as clearing participant supervision system shall be timely revised and improved.

Article 14

Where this Fund is modified or settled accordingly, the China Securities Regulatory Commission shall, in conjunction with the Ministry
of Finance, separately decide the proportion and amount of the remaining assets of this Fund that shall be refunded to relevant clearing
participants.

Article 15

The Measures for the financial settlement and administration of this Fund shall be formulated by the Ministry of Finance.

Article 16

These Measures shall be subject to the interpretation of the China Securities Regulatory Commission in conjunction with the Ministry
of Finance.

Article 17

These Measures shall come into force as of July 1, 2006. Upon approval of the State Council, the Interim Measures for the Administration
of the Securities Settlement Risk Fund (approved by the State Council on January 31, 2000, and promulgated on April 4, 2000 by the
China Securities Regulatory Commission and the Ministry of Finance) shall be repealed simultaneously.



 
China Securities Regulatory Commission
2006-06-16

 






INTERIM MEASURES FOR THE SUPERVISION AND ADMINISTRATION OF THE INVESTMENTS BY CENTRAL ENTERPRISES

Decree of the State-owned Assets Supervision and Administration Commission of the State Council

No.16

The Interim Measures for the Supervision and Administration of the Investments by Central Enterprises have been deliberated and adopted
at the 39th executive meeting of Directors of the State-owned Assets Supervision and Administration Commission of the State Council,
and are hereby promulgated, and shall come into force as of July 1, 2006.
Director of the State-owned Assets Supervision and Administration Commission of the State Council Li Rongrong

June 28, 2006

Interim Measures for the Supervision and Administration of the Investments by Central Enterprises

Article 1

In order to implement the duties of the contributor, regulate the investment activities of central enterprises, improve the scientific
and democratic character of investment decision-making of central enterprises and effectively prevent investment risks, these Measures
are formulated according to the Company Law of the People￿￿s Republic of China, the Interim Regulation of the Supervision and Administration
of State-owned Assets of Enterprises and other laws and regulations.

Article 2

Central enterprises hereof referred to in the present Measures are the enterprises for which the State-owned Assets Supervision and
Administration Commission of the State Council (hereinafter referred to as the SASAC) implements the duties of the contributor (hereinafter
referred to as these enterprises).

Article 3

Investments hereof referred to in the present Measures are the following investment activities conducted by the enterprises within
the territory of China:

(1)

investments in fixed-assets;

(2)

property acquisition; and

(3)

long-term equity investment

Article 4

The SASAC shall, in accordance with laws, supervise and administrate the investment activities of these enterprises, and guide them
to establish and improve the procedures of investment decision-making and management systems.

Article 5

These enterprises are the subjects of investment activities, and shall formulate and implement the procedures of investment decision-making
and management systems, establish and improve management organs accordingly, and report them to the SASAC for filing.

Article 6

The investment activities of these enterprises, as well as the supervision and administration of the SASAC to these activities, shall
follow the principles as follows:

(1)

In conformity to the development plans and industrial policies of the State;

(2)

In conformity to the distribution and structural adjustment direction of these enterprises;

(3)

In conformity to the development strategies and plans of these enterprises;

(4)

Giving prominence to the main industry which is in favor of enhancing the core competitiveness of these enterprises;

(5)

The investments in minor industries shall be in conformity to the direction of adjustment and reform of these enterprises and shall
not affect the development of the main industry;

(6)

In conformity to the procedures of investment decision-making and management systems of these enterprises;

(7)

The investment scale shall be in conformity to the scale of assets and business, the level of assets and liabilities and the actual
capital raising capacity of these enterprises; and

(8)

Having carried through adequate scientific authentication, and the anticipatory investment proceeds shall not be lower than the average
level of the same domestic industry at the same term.

Main industry hereof refers to the major business operations as determined in the development strategies and plans of these enterprises,
and as confirmed and publicized by the SASAC; and minor industry hereof refers to the business operations other than the main industry.

Article 7

An enterprise shall, in line with its development strategies and layouts, weave annual investment plans, and the major investment
activities of an enterprise shall be brought into the annual investment plans.

The annual investment plans of an enterprise shall cover the following contents:

(1)

the overall investment scale, sources and composition of funds;

(2)

the investment scale of both main industry and minor industry; and

(3)

the basic information about the investment project (including the contents, investment amount, composition of funds, anticipatory
investment proceeds and implementing years, etc. of the project).

Investment projects as mentioned in the annual investment plans of an enterprise refers to those investment projects which are studied
and decided by the board of directors or the executive meeting of general managers of the enterprise (including the investment projects
of its subsidiary companies) in accordance with the investment management systems of the enterprise.

Article 8

These enterprises shall submit the annual investment plans within the prescribed time limit as required by the SASAC.

The uniform format, time limit or any other requirement about the submission of the annual investment plans of these enterprises shall
be separately prescribed by the SASAC.

Article 9

The SASAC shall implement the classified supervision and administration of the investment activities of these enterprises:

(1)

In respect of the solely state-owned companies, which have established the normalized board of directors pursuant to the relevant
provisions of the SASAC, the SASAC shall implement the filing administration of investment projects in accordance with the annual
investment plans of these enterprises.

(2)

In respect of the solely state-owned enterprises and solely state-owned companies which have not established the normalized board
of directors yet, the SASAC shall, in accordance with the annual investment plans of these enterprises, implement the filing administration
of investment projects in the main industry; and shall implement the approval of the investment projects in the minor industry, and
make examination decisions within 20 working days.

(3)

The state holding companies shall submit the annual investment plans to the SASAC in accordance with these Measures.

(4)

The enterprises of other types shall be executed with reference to the state holding companies.

Article 10

Where an enterprise superadds any project beyond the annual investment plans, it shall report the relevant information to the SASAC
in time, and the SASAC shall implement the administration pursuant to Article 9 of these Measures.

Article 11

An enterprise shall report any of the following significant investment matters to the SASAC in time:

(1)

As to the investment projects which need to be approved by the State Council or by the relevant departments of the State Council in
accordance with the present investment administrative provisions of the State, the enterprise shall submit relevant documents to
the State Council or the relevant departments of the State Council with copies sent to the SASAC.

(2)

If any of the following cases occurs during the implementation course of an investment project of the enterprise, this enterprise
shall go through the procedure of investment decision-making again, and report the decision-making opinions to the SASAC in written
form timely:

a.

Significant adjustment of the investment amount, sources or composition of funds, which causes excessive corporate debts and exceeds
the affordability of the enterprise or affects the normal development of the enterprise;

b.

Significant alternation of the equity structure, which causes the transfer of the enterprise controlling right; or

c.

Serious breach of the contact by the investment partner, which damages the rights and interests of contributors.

(3)

Other significant investment matters that need to be reported to the SASAC.

Article 12

The SASAC shall establish a statistical and analysis system about the investments by these enterprises, and an enterprise shall submit
the information concerning annual investment implementations and the analysis materials as required by the SASAC, and some key enterprises
shall submit the information concerning quarterly investment implementations.

Article 13

An enterprise shall implement the follow-up appraisal and management of investment projects, and the specific work contents and requirements
shall be executed with reference to the Guidelines for the Follow-up Appraisal of Fixed Assets Investment Projects of Central Enterprises.
The SASAC shall choose some investment projects that have been completed by these enterprises for the follow-up appraisal in accordance
with the requirements.

Article 14

The SASAC has the obligation of the keeping secret of the materials submitted by the enterprise in accordance with the present Measures.

Article 15

Where an enterprise acts against the present Measures or the provisions on the procedures of its investment decision-makings, it
shall be ordered to make correction by the SASAC; if the cases are so serious as to bring great loss to the enterprise, the responsibilities
of the relevant personnel of the enterprise shall be investigated pursuant to the relevant provisions.

If any relevant responsible person of the SASAC violates the present Measures, he shall be ordered to make corrections by the SASAC;
if the cases are serious, administrative punishments shall be imposed on him according to laws.

Article 16

The specific provisions concerning the supervision and administration of the overseas investments of these enterprises shall be prescribed
otherwise by the SASAC.

Article 17

The present Measures are subject to the interpretation by the SASAC.

Article 18

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



 
the state-owned assets supervision and administration commission of the state council
2006-06-28

 






CIRCULAR OF THE PEOPLE’S BANK OF CHINA ON THE CURRENCY BROKERAGE COMPANIES’ ACCESS TO MARKET AMONG BANKS

Circular of the People’s Bank of China on the Currency Brokerage Companies’ Access to Market among Banks

Yin Fa [2006] No. 231

The headquarters of the People’s Bank of China in Shanghai and all subsidiary banks and business management departments of the People’s
Bank of China, central sub branches of the People’s Bank of China in all provincial capital cities, central sub branches of the People’s
Bank of China in all deputy provincial capital cities, all policy banks, state-owned commercial banks, joint-stock banks, National
Funding Center among banks and China Government Securities Depository Trust & Clearing Co., Ltd.,

In order to regulate the business of currency brokerage companies, improve the fluidness of interbank bond market and interbank funding
market and propel the healthy development of the market among banks, you are hereby informed of the relevant matters concerning the
currency brokerage companies’ access to the market among banks as follows:

1.

“Currency brokerage company” herein accords with that as defined in Article 2 of the Measures for the Administration of Pilot Currency
Brokerage Companies (Decree No. 1 [2005] of the China Banking Regulatory Commission).

2.

Before a currency brokerage company takes on the brokerage business in the market among banks, it shall handle the archival filing
formalities in the People’s Bank of China and offer the following materials for archival filing:

(1)

The document of the relevant regulatory institution in respect of approval of setting up the currency brokerage company;

(2)

A photocopy of the Financial Business License (duplicate);

(3)

A photocopy of the Enterprise Legal Person Business License (duplicate);

(4)

The Enterprise Constitution;

(5)

The interior risk control system for the planned business of the company;

(6)

The work resumes and relevant qualification certification materials of the senior managers, chief persons-in-charge of the departments,
and the person-in-charge of brokerage business;

(7)

The name list of the brokers to undertake the planned business of the company; and

(8)

Other materials as requested by the People’s Bank of China.

The People’s Bank of China shall present an archival filing Circular to the qualified currency brokerage company within 20 working
days after it receives the archival materials which meet the relevant demands.

3.

The person-in-charge of the brokerage business department of a currency brokerage company shall have a working experience of 5 or
more years in the financial market and know well the related regulations and business rules concerning market among banks. A broker
shall have a working experience of 2 or more years and know well the provisions and business rules concerning market among Banks.

4.

In the market among banks, the business scope of a currency brokerage company is to offer brokerage services in transactions of bonds
at an agreed price, repurchase of bonds, discount of instruments, repurchase of instruments, bond forward transactions, RMB interest
rate swap transactions, and interbank funding, upon the entrustment of financial institutional investors (hereinafter referred to
as the entrusting parties).

5.

When offering brokerage services, a currency brokerage company shall follow the principle of impartiality, fairness, cordiality and
good faith and keeping confidential for the clients.

A currency brokerage company shall, in accordance with the principle of careful business, set forth its own business rules and set
up an effective internal risk control system and put them to the People’s Bank of China for archival purposes.

6.

To offer brokerage services, a currency brokerage company shall conclude a service protocol with the entrusting party and shall anonymously
present or ask for quotes upon entrustment of the entrusting party.

After the currency brokerage company transacts successfully, it shall deliver a written circular to both parties concerning transaction,
charge the service commissions at a price as prescribed in the service agreement, and deliver quickly the information to the National
Interbank Funding Center (hereinafter referred to as the NIFC) for archival purposes.

Where the currency brokerage company cannot bring a transaction, it shall not request the entrusting party to pay any commission,
but it may request the entrusting party to give its necessary charges for offering the brokerage service.

7.

A currency brokerage company shall keep carefully the entrustment and transaction records by methods agreed upon by it and the entrusting
party.

A currency brokerage company shall rigorously manage the transaction information. It shall not publicly issue any transaction information
to the participants of the market among banks (hereinafter referred to as the participants).

8.

In case a currency brokerage company violates the contract during the course of offering brokerage services, where there are any disagreements
over the merits of violation of contract or over the responsibilities for breach of contract, the currency brokerage company and
the entrusting party may apply for arbitration through negotiation or lodge a complaint in the people’s court. The currency brokerage
company shall, before 12 o’clock of the next working day after it receives the final result of arbitration or lawsuit, serve the
said final result on the NIFC, which shall proclaim on the same day of receipt.

9.

A currency brokerage company shall hand over to the People’s Bank of China a written report on the brokerage services in the market
among banks of the said quarter or year within 10 working days after each quarter and before March 1 of the next year. A written
quarterly report shall include but not limited to the contents in Items (1), (2), (3), (4) and (7). A written annual report shall
involve but not limited to the contents in Items (1) through (7):

(1)

The distribution characteristics of the institutions, to which this company transacts successfully;

(2)

The transaction amount of each transaction product by this company and its proportion in the same transactions of the whole market;

(3)

The differentiated descriptions between transaction price of each transaction product by this company and the average market price
of the corresponding transaction product;

(4)

The monthly changes of the brokerage business amount of this company;

(5)

The self-evaluation of the brokerage business of the previous year and the plan on the brokerage business of the present year;

(6)

The development advices of the inter-bank market or brokerage business; and

(7)

Other information as requested by the People’s Bank of China.

10.

Before April 30 of each year, a currency brokerage company shall regularly release to the market participants its previous-year financial
reports audited by and audit report issued by certified public accountants via www.chinamoney.com and www.chinabond.com.cn, covering
the audited balance sheets, profit and loss sheets, cash flow statements, notes to the financial accounting statements, as well as
the audit opinions.

In case any of the following events takes place, a currency brokerage company shall make an announcement to the participants via the
websites www.chinamoney.com and www.chinabond.com.cn and shall report it to the People’s Bank of China within 2 working days after
the occurrence of this event:

(1)

The decrease of registered capital, combination, split-up, dismiss, trusteeship, suspension of business, applying for bankruptcy;

(2)

Any significant lawsuit subject to the currency brokerage company;

(3)

Over 5% shares of the currency brokerage company are directly or indirectly possessed by the participant(s);

(4)

The currency brokerage company and its participant(s) are directly or indirectly controlled by a same parent company; or

(5)

Other important events as provided for by the People’s Bank of China.

11.

To offer brokerage services, a currency brokerage company shall rigorously comply with the relevant regulations of the inter-bank
market. Where it fails to abide by the requirements of this Circular and other regulations concerning the market among banks, it
shall be punished by the People’s Bank of China under the provisions of Article 46 of the Law of the People’s Republic of China
on the People’s Bank of China.

12.

The present Circular shall enter into force as of the promulgation date.

The People’s Bank of China

July 6, 2006



 
The People’s Bank of China
2006-07-06

 






CIRCULAR OF THE GENERAL OFFICE OF THE MINISTRY OF COMMERCE CONCERNING FURTHER DOING A GOOD JOB IN RESPECT OF EXPORTING TECHNOLOGIES

Circular of the General Office of the Ministry of Commerce concerning Further Doing a Good Job in respect of Exporting Technologies

Shang Ban Fu Mao Han [2006] No. 4

The commerce administrative departments of each province, autonomous region, municipality directly under the Central Government, and
city specially designated in the state plan,

In order to better implement the Regulation of the People’s Republic of China on the Administration of Imports and Exports of Technologies
(Order [2001] of the State Council, No. 331) (hereinafter referred to as the Regulation) and the Measures for the Administration
of Registration of Technology Import and Export Contracts (Order [2001] of the former Ministry of Foreign Trade and Economic Cooperation,
hereinafter referred to as the Measures, No. 17), do well the statistical analysis of the export, strengthen the management and promotion
of technology export, and provide a basis for the formulation of the related policies of the state, the following matters are hereby
notified:

1.

Each place shall, under the Regulation and the Measures, pay great attention to technology export and continue to do well the on-line
registering work of technology export contracts through the “Statistical Management System for Technology Export Contract” on the
“Website of China International Electronic Commerce”.

2.

You shall provide better guide to the registering work in respect of technology export contract of enterprises and endeavor to facilitate
the registering work for enterprises. A province or municipality may, where possible, transfer the work of register management in
respect of the technology export contracts to the district, city or county so as to further facilitate the registering work for enterprises.

3.

The Service and Trade Department of the Ministry of Commerce shall gather and check the statistical data of each province and municipality
each month, notify the related departments of the statistical data as of January 2007 on a regular basis and feed them back to all
places simultaneously.

4.

Where any problem in respect of technical support arises during the course of register of technology export contracts, please contact
China International Economic Commerce Center (customer service telephone: 010- 67870108).

The commerce administrative departments of each place shall pay great attention to and carefully do well the registering work in respect
of technology contracts. Where any problem arises, please feed it back to the Service and Trade Department of the Ministry of Commerce
in a time manner.

Contact Persons: Zuo Xiaobo or Shu Huan

Tel: 010-65197374￿￿or 010-65197361

General Office of the Ministry of Commerce of the People’s Republic of China

July 13, 2006



 
the General Office of the Ministry of Commerce
2006-07-13

 






WORKING RULES OF THE LISTED COMPANY MERGER AND REORGANIZATION EXAMINATION COMMITTEE OF CHINA SECURITIES REGULATORY COMMISSION

Circular of China Securities Regulatory Commission on Promulgating the Working Rules of the Listed Company Merger and Reorganization
Examination Committee of China Securities Regulatory Commission Zheng Jian Fa [2006] No. 83

For the purpose of ensuring the openness, justice and impartiality of the surveillance over the merger and reorganization of listed
companies, and enhancing the quality and transparency of the surveillance over the merger and reorganization, China Securities Regulatory
Commission establishes the Listed Company Merger and Reorganization Examination Committee in accordance with the relevant provisions
on the merger and reorganization of listed companies, and formulates the Working Rules of the Listed Company Merger and Reorganization
Examination Committee of China Securities Regulatory Commission, which are hereby promulgated, and shall come into force as of the
date of promulgation. China Securities Regulatory Commission July 25, 2006 Working Rules of the Listed Company Merger and Reorganization Examination Committee of China Securities Regulatory Commission Chapter I General Rules Article 1 For the purpose of ensuring the openness, justice and impartiality of the surveillance over the merger and reorganization of listed
companies, and improving the quality and transparency of the surveillance over the merger and reorganization, these Rules are formulated
in accordance with the relevant provisions regarding the merger and reorganization of listed companies. Article 2 China Securities Regulatory Commission (hereinafter referred to as CSRC) has established the Listed Company Merger and Reorganization
Examination Committee (hereinafter referred to as the Reorganization Committee). In accordance with the Company Law of the People’s
Republic of China, the Securities Law of the People’s Republic of China, other laws and administrative regulations as well as the
provisions of the CSRC, the Reorganization Committee shall examine the mergers and reorganizations that shall be submitted for deliberation
upon relevant provisions or provide consultancy opinions for them.

Where an applicant dissatisfies with the decision as delivered by the Department of Listed Company Supervision of the CSRC concerning
the merger and reorganization thereof, he may apply to submit the said merger and reorganization to the Reorganization Committee
for deliberation. Article 3 The Reorganization Committee will implement the duties by executive meetings, and vote on the applications for the merger and reorganization
of listed companies by ballots, and then bring forward the examination opinions. Article 4 The CSRC shall be in charge of the routine administration of the Reorganization Committee affairs, as well as the examination and
surveillance on the Reorganization Committee members.

The deliberation procedures of the Reorganization Committee shall be publicized to the society, and be subject to surveillance in
accordance with relevant laws. Chapter II Composition Rules Article 5 The Reorganization Committee shall comprise of the professionals from the CSRC and the relevant guild as well, and the members thereof
shall not be in excess of 25. Article 6 The Reorganization Committee members will be designated by the CSRC, with each term of one year, and one can be re-designated but
with not more than three consecutive terms. Article 7 A member of the Reorganization Committee shall satisfy the requirements as follows: (1) he shall observe the principles, be clean and honest, and strictly follow the laws, administrative regulations and rules of the state; (2) he shall have just characters and fine professional ethics, have no record of bad practice, and have not been punished by the CSRC
or any other competent authority because of any securities violation; (3) he shall be familiar with state macro-economic policies, and have good professional qualities and professional proficiency; and (4) he shall be accomplished in the Company Law, the Securities Law as well as the laws and regulations on the merger and reorganization
of listed companies, have working experiences of securities market research, management or practice for a long time, and have a fairly
deep research on the merger and reorganization of listed companies. Article 8 In case any of the following circumstances occurs to any member of the Reorganization Committee, he will be dismissed by the CSRC: (1) he is in violation of the laws, administrative regulations, rules or any the discipline for the examination work of the Reorganization
Committee; (2) he fails to industriously perform the duties under the provisions of the CSRC, fails to attend the executive meetings of the Reorganization
Committee for two times without a justifiable reason or is unable to attend the said meeting for three consecutive times; (3) he files a application in written form for resignation, or is unfit for acting as the member because of the alteration of his post; (4) he seriously abuses his authorities or in violation of the laws, regulations or any discipline of the Reorganization Committee within
his term of office; or (5) Other circumstances under which he is unfit for acting as the member of the Reorganization Committee.

The dismissal of a member of the Reorganization Committee may not be limited by whether his term of office expires. the CSRC shall
assign a new member in a timely manner after dismissal of a member of the Reorganization Committee. Chapter III Duties of Members Article 9 The Reorganization Committee members shall take the responsibilities of examining the mergers and reorganizations of listed companies
as submitted by the Department of Listed Company Supervision of the CSRC in accordance with the relevant laws, administrative regulations
and ministerial rules of the state as well as the relevant provisions of the CSRC or providing consultancy opinions for them. Article 10 The Reorganization Committee members shall implement their duties in accordance with relevant laws, bring their deliberation opinions
independently and exercise their right to vote, and have the rights to consult the examination materials as required for the performance
of duties by the CSRC. Article 11 Any member of the Reorganization Committee may neither use his work to seek for interests for himself or someone else directly or
indirectly by the non-public information to which he has the access, nor may he provide the consulting information concerning the
purchase or sales of securities to any entity or individual. Article 12 The Reorganization Committee members shall obey the provisions as follows: (1) he shall attend the meetings of the Reorganization Committee as required, and be industrious in the examination work; (2) he shall keep the state secrets and the business secrets of the applicants; (3) he may not divulge any of the contents as discussed at the meetings of the Reorganization Committee, the voting information or other
relevant information; (4) he may not use the identity of Reorganization Committee members or the non-public information that he has access to in the performance
of duties for seeking for interests for himself or someone else directly or indirectly; (5) he may not accept the gifts given by any party concerned in the merger or reorganization, any professional institution as employed
by the said party or any other relevant person, or privately contact any of the aforesaid institutions or individuals; (6) he may not collude with any other Reorganization Committee member for voting or misleading the voting of any other Reorganization
Committee member; (7) he may not participate in the activities as organized by any department or entity other than the CSRC in the name of Reorganization
Committee members, or seek for the interests in the name of Reorganization Committee members; or (8) Other relevant provisions as prescribed by the CSRC. Article 13 When deliberating the mergers and reorganizations or delivering consultancy opinions, the Reorganization Committee members shall perform
a system of withdrawal. A member shall request the withdrawal in a timely manner in case he is under any of the interested relationships
as follows: (1) Any of his family member is acting as the director (including the independent director, similarly hereinafter), supervisor, manager
or any other senior manager in any party concerned in the merger or reorganization or any professional institution as employed by
the said party, or his employer has ever offered relevant professional consultancy to any party concerned in the merger or reorganization,
which may affect his fair performance of duties; (2) Any of his family member is acting as a senior manager in an entity that has competition with any party concerned in the merger or
reorganization or any professional institution as employed by the said party, which may affect his fair performance of duties; (3) He has ever contacted any party concerned in the merger or reorganization or any professional institution as employed by the said
party before the meeting of the Reorganization Committee is held, and which may affect his fair performance of duties; or (4) Any other circumstance as confirmed by the CSRC that may cause the interested relationship.

The family member as referred to in the preceding paragraph means the Reorganization Committee members’ spouses, parents, children,
brothers and sisters, as well as the parents of their spouses, spouses of their children, and spouses of their brothers and sisters
of. Article 14 A Reorganization Committee member, after having accepted the appointment, shall make a promise of observing the relevant provisions
and the disciplinary requirements of the CSRC for Reorganization Committee members, perform the duties carefully, and accept the
examination and surveillance of the CSRC. Chapter IV Working Rules Article 15 The Department of Listed Company Supervision of the CSRC shall be the executive institution of the Reorganization Committee, and have
the responsibility of arranging the conferences of the Reorganization Committee, delivering examination materials, recording conference
minutes, working out conference summaries, keeping filings and carrying out other relevant conference matters.

The CSRC shall pay the expenses as needed for the deliberation work of the Reorganization Committee. Article 16 Where the Reorganization Committee deliberates any major reorganization of assets, the Department of Listed Company Supervision of
the CSRC shall send the conference circular, the application materials and the preliminary examination report to the members attending
the meeting for the acknowledge of receipt three days before the meeting of the Reorganization Committee is held.

With respect to any other issue concerning merger and reorganization as deliberated by Reorganization Committee, the Department of
Listed Company Supervision may arrange the time and deliver the materials under the actual circumstances. Article 17 Where the Reorganization Committee implements the examination by the meeting of the Reorganization Committee, the number of the Reorganization
Committee members that attend the meeting shall be seven each time. Article 18 All members shall sign the statements that he has no contact with any party concerned in the merger or reorganization, any professional
institution as employed by the said party or any other relevant person before the meeting of the Reorganization Committee is held,
and submit the said statements to the functionary of the Department of Listed Company Supervision for preservation. Article 19 One convener shall be arranged for the meeting of the Reorganization Committee and he has the responsibilities of presiding over the
conference, heeding the examination reports and instructions as delivered by the preliminary examination personnel of the Department
of Listed Company Supervision, organizing the members that attend the meeting to deliver the examination opinions one by one, summarizing
the key examination opinions of the members, forming the examination opinions of the meeting of the Reorganization Committee to the
application for merger or reorganization, and publicizing the voting results. Article 20 A member of the Reorganization Committee shall verify the applications for mergers and reorganizations in an independent, objective
and fair manner under the laws, administrative regulations and the provisions of the CSRC. When making verification, he shall prepare
the working papers, and deliver his own examination opinions in light of the working papers and the discussions at the meeting as
well. Article 21 The Reorganization Committee may invite experts other than its members to attend the meeting and offer professional consultancy opinions
if it is necessary for deliberation, but the said experts may not participate in the voting. Article 22 The Reorganization Committee may require the parties concerned in the merger or reorganization or the professional institutions they
employed to attend the meeting, deliver their opinions and answer the questions brought forward by the members.

The questions, opinions or relevant statements as made by the members may not be disclosed by any party concerned in the merger or
reorganization or any professional institution they employed without consent. Article 23 Examination opinions shall be formed by the meeting of the Reorganization Committee upon sufficient discussions, and vote on the applications
shall be performed by ballots.

The mode of closed and disclosed votes shall be adopted for the voting. The votes will be classified into consent and objection. Where
five or more votes of consent are given for the examination opinions, it shall be deemed as having been passed, otherwise, the examination
opinions shall be deem as having been rejected.

When casting a vote of consent, this member may bring forward additional conditions, but shall explain the contents of such additional
conditions specifically; and when casting a vote of objection, he shall explain the reasons for objection. Article 24 The Department of Listed Company Supervision shall have the responsibilities of recording down the discussions at the meeting of the
Reorganization Committee. The participating members shall submit the working papers after the ending of the meeting of the Reorganization
Committee, and affix their signatures on the meeting minutes, examination opinions, voting results and other conference materials
for confirmation. Article 25 Where a scheme for merger or reorganization fails upon examination, if the listed company has revised and supplemented the said scheme
in light of the opinions as brought forward by the Reorganization Committee or produced a new scheme, the application materials can
be submitted again; where the scheme satisfies the requirements for merger and reorganization, it may be submitted to the Reorganization
Committee for assessment again. Chapter V Surveillance over the Work of the Reorganization Committee Article 26 The Reorganization Committee shall keep an objective, independent and impartial manner when deliberating the applications for the
merger and reorganization of listed companies or delivering consultancy opinions. If the deliberation opinions as brought forward
by the meeting of the Reorganization Committee are apparently different from the voting results, the Reorganization Committee may
be requested to make explanations and illustrations by the CSRC, and another meeting for the deliberation may be arranged again if
necessary. Article 27 Where any member of the Reorganization Committee neglects his duties, fails to deliver his deliberation opinions in an objective and
fair manner or commits any act against any discipline of the Reorganization Committee when deliberating an application for merger
or reorganization or delivering consultancy opinions, the CSRC shall talk with him and remind him. Article 28 The CSRC shall accept the tip-offs about the illegal or irregular acts that are committed by any member of the Reorganization Committee,
in case of any important clue, an investigation shall be made, and the CSRC shall also talk and remind the member, criticize or dismiss
him according to the investigation results. In case any crime constituted, this member shall be handed over to the judicial organ
for punishment. Article 29 Any party concerned in the merger or reorganization may not privately contact the Reorganization Committee members, provide gifts
to them or perform in any other way to disturb the work and affect the decision of the Reorganization Committee members. If any of
the aforesaid acts is committed, the relevant party concerned shall be criticized by the CSRC. In case of any serious circumstance,
the CSRC shall suspend the examination.

A professional institution as employed by any party concerned in the merger or reorganization shall have to urge the party concerned
to follow the aforesaid provisions. If any professional institution instigates, assists or participates in the aforesaid act of interfering
in the work of the Reorganization Committee, no professional report as submitted by this professional institution shall be accepted
by the CSRC for six months. Chapter VI Supplementary Rules Article 30 These Rules shall enter into force as of the promulgation date. The Working Rules of the Listed Company Merger and Reorganization
Examination Committee of China Securities Regulatory Commission (Zheng Jian Fa [2004] No. 41) promulgated on May 12, 2004 shall be
concurrently annulled. Article 31 These Rules are subject to the interpretation and revision of the CSRC.

Attachment:

Attachment 1: Statements as Made by the Members of the Listed Company Merger and Reorganization Examination Committee of China Securities
Regulatory Commission

Attachment 2: Working Papers for the Examination Work as Made by the Members of the Listed Company Merger and Reorganization Examination
Committee of China Securities Regulatory Commission

Attachment 3: Commitment Letter of Not Affecting or Disturbing the Examination Work of the Reorganization Committee as Made by the
Parties Concerned in the Merger and Reorganization and the Professional Institutions They Employed Attachment 1: Statements as Made by the Members of the Listed Company Merger and Reorganization Examination Committee of China Securities Regulatory
Commission I. I have (have not) privately contacted any party concerned in the merger or reorganization of listed companies under examination or
any professional institution it employed or any other relevant persons, have (have not) accepted any money, property or other interests
given by the abovementioned institution or individual. If yes, please explain it explicitly: II. No party concerned in the merger or reorganization of listed companies under examination or any professional institution it employed
or any other relevant persons has affected my own judgment to the affairs under examination by any indefensible means. If yes, please
explain it explicitly: III. Other matters that are necessary to be explained:

Signature:

Date:

Attachment:

List of Companies under Examination

Co., Ltd.

Co., Ltd.

Co., Ltd. Attachment 2: Working Papers for the Examination Work as Made by the Members of the Listed Company Merger and Reorganization Examination Committee
of China Securities Regulatory Commission

Name of the participating member:

Session of the meeting of the Reorganization Committee: Year / Session

Name of the listed companies to be merged or reorganized;

Items under examination: I. Personal examination opinions with regard to the issues and examination opinions brought forward to the members for attention in the
preliminary examination report, and the evidence for them; II. Whether the merger or reorganization has any problem other than those brought forward for attention in the preliminary examination
report, if yes, please explain: III. Whether the merger or reorganization has any significant problem that is necessary to be investigated and verified and will influence
the specific judgment, if yes, please explain:

Signature:

Date: Attachment 3: Commitment Letter of Not Affecting or Disturbing the Examination Work of the Reorganization Committee

This company is hereby making the following commitments: I. In the period of the application for this merger or reorganization, this company promises not to provide money, properties or other
interests to any member of the Reorganization Committee directly or indirectly, and promises not to affect the judgment of any member
of the Reorganization Committee on this merger or reorganization by any indefensible means. II. This company promises not to intervene in the examination work of the Reorganization Committee by any means. III. This company promises that all the statements are true, objective, accurate and brief, and do not include any content in no relation
to the examination of this merger or reorganization when being enquired of by the Reorganization Committee members at the meeting
of the Reorganization Committee. IV. If this company is in violation of any of the abovementioned commitments, it will assume all the legal liabilities incurred therefrom.

Promisee: (seal)

Person in-charge:

Date:



 
China Securities Regulatory Commission
2006-07-25

 






PROVISIONS ON INFORMATION CONSULTING AND DISCLOSURE OF INDUSTRIAL DAMAGE INVESTIGATION

Order of the Ministry of Commerce

No. 19

The Provisions on Information Consulting and Disclosure of Industrial Damage Investigation, which were adopted at the 5th ministerial
meeting on May 17, 2006, are hereby promulgated and shall go into effect after 30 days as of promulgation.
Bo Xilai, the Minister

August 4, 2006

Provisions on Information Consulting and Disclosure of Industrial Damage Investigation
Chapter 1 General Provisions

Article 1

With a view to guaranteeing the industrial damage investigation to be carried out in an open, fair and impartial manner, and safeguarding
the legitimate rights and interests of the interested parties concerned, these Provisions are hereby formulated in accordance with
the Regulation of the People’s Republic of China on Anti-dumping and the Countervailing Regulation of the People’s Republic of China.

Article 2

The information consulting and disclosure of industrial damage investigation in anti-dumping and countervailing activities shall
be subject to these Provisions.

Article 3

The power to interpret these Provisions shall remain with the Ministry of Commerce of the People’s Republic of China.

Article 4

The interested parties concerned as referred to in these Provisions include:

(a)

the producer, export operator and domestic import operator of the investigated products in a foreign country (region), or the industrial
organization or any other organization of the producer, export operator and import operator of the investigated products;

(b)

the government of the export country (region) of the investigated products;

(c)

the producer of domestic identical products or the industrial organization or any other organization of the investigated products;
and

(d)

others.

Article 5

The term “information consulting” as mentioned in these Provisions refers to activities that all the interested parties concerned
in a case go to the public information consulting office of the trade relief measures of the Ministry of Commerce (hereinafter referred
to as the consulting office) to look up, read, extract and copy the relative public information related to industrial damage investigation.

Article 6

The term “information disclosure” as mentioned in these Provisions refers to the basic facts based on which the ruling on a case
in relation to industrial damage is made and which shall be informed to the interested parties concerned by the Ministry of Commerce
in a reasonable time before the final decision is made.

Chapter 2 Information Consulting

Article 7

All the interested parties concerned may consult the public information related to industrial damage investigation, with the exception
of the information as prescribed in Article 9 of these Provisions.

Article 8

The public information as prescribed in Article 7 of these Provisions shall include:

(a)

the open text or non-confidential summary of an application and the attachment(s) thereof,

(b)

the open text or non-confidential summary of the application materials for the registration of the interested parties concerned in
industrial damage investigation,

(c)

the open text or non-confidential summary of the questionnaires and supplementary questionnaires on industrial damage investigation
as offered by the interested parties concerned;

(d)

the open text or non-confidential summary of the other application materials as provided by the interested parties concerned to the
Ministry of Commerce during the process of industrial damage investigation, including the application materials on the hearing of
industrial damage investigation, relative answer sheets as delivered in delay, adjustment on the product scope, exclusion of domestic
producers and etc.; the open text or non-confidential summary of the opinions or comments put forward by the other interested parties
concerned on the relative application,

(e)

the comments and opinions of the relative interested parties concerned on the application for confidential information and the open
text or non-confidential summary of confidential information as provided by one interested party concerned;

(f)

the open text or non-confidential summary of the cahier or summary of such meetings as the hearing of industrial damage investigation;

(g)

announcements and circulars as issued by the Ministry of Commerce, including the announcements on case fling, preliminary ruling
and terminal ruling; circulars of decisions on the registration of application for industrial damage investigation, distribution
of investigation questionnaires, on-spot investigation, hearing and sampling investigation;

(h)

the open text or non-confidential summary of the disclosure materials of the basic facts based on which the Ministry of Commerce
has made the final decision on industrial damage; and

(i)

other materials that the Ministry of Commerce have acquired or formulated during the process of industrial damage investigation.

Article 9

Where any information cannot be obtained through open channels, and if the publication of it will make other competitors obtain material
gains or impose any material negative influence over the information provider or information source, or bring about any other negative
influence, the information shall be deemed as confidential information.

As regards any information that is confidential in nature or is requested by the interested party concerned as confidential, if the
relative interested party concerned can give justifiable reasons, the Ministry of Commerce shall take the aforesaid information as
confidential.

Article 10

Any relative information to the Ministry of Commerce provided by any interested party concerned shall be indicated as open or confidential.
Where otherwise, the Ministry of Commerce may regard it as open information.

Article 11

When providing confidential information, any interested party concerned shall give its application ground in written form and the
open text or non-confidential summary of identical information. If any interested party concerned requires to make modification or
supplementation to any content of the materials as have been provided, it shall provide the open text or non-confidential summary
of the relative modified or supplementary content meanwhile, and attach the explanations of modification as well.

In the open text or non-confidential summary, the material content thereof shall be illustrated in a reasonable manner. Under special
circumstances, the interested party concerned shall not be required to provide any open text or non-confidential summary upon the
approval of the Ministry of Commerce, but shall give enough reasons in written form for the failure of providing the relative open
text or non-confidential summary.

Article 12

Where an interest party concerned fails to provide any open text or non-confidential summary, or the open text or non-confidential
summary is not enough to reasonably illustrate the material content of confidential information, or any interested party concerned
fails to provide sufficient grounds for not providing the open text or non-confidential summary, the Ministry of Commerce may request
it to withdraw its application. In case an interested party concerned refuses to do so, the Ministry of Commerce may ignore the information
as has been provided, unless the Ministry of Commerce can employ other proper sources to fully prove that the said information is
accurate.

Article 13

Where the Ministry of Commerce considers that the grounds for the application for confidentiality filed by an interested party concerned
do not accord with the requirements of these Provisions, it shall, within 7 days as of the receipt of the relative open text or non-confidential
summary, give explanations to the interested party concerned and allow a reasonable time limit for comments. Where the Ministry of
Commerce determines to ignore the information as provided by an interested party concerned, it shall notify the interested party
concerned in written form, unless the Ministry of Commerce can apply other proper sources to fully prove that the information is
accurate.

Article 14

The Ministry of Commerce shall submit one copy of the open text or non-confidential summary of the aforesaid materials to the public
information consulting office for reference within 7 days as of the day when the relative materials as provided by the interested
party concerned and mentioned in Article 8 of these Provisions are received.

The open text or non-confidential summary of the relative information as formulated or acquired by the Ministry of Commerce and prescribed
in Article 8 of these Provisions shall, under no special circumstance, be delivered to the consulting office within 10 days as of
formulation.

Article 15

During the process of industrial damage investigation, the interested parties concerned may go to the consulting office to look up
any of the public information related to industrial damage investigation within the working hours.

The relative interested parties concerned may also consult the relative public information within 6 months after the final ruling
is announced.

Article 16

When looking up public information, an interested party concerned shall show the relative papers that can prove its identity, and
shall be subject to registration as well.

Article 17

An interested party concerned may look up, read, extract and copy the relative public information, but shall not be allowed to take
any original of public information out of the consulting office.

Chapter 3 Information Disclosure

Article 18

The Ministry of Commerce shall, within a reasonable time limit before the final ruling on a case is made, notify the interested parties
concerned and domestic applicants that have been registered to participate in industrial damage investigation of the basic facts
based on which the final ruling is made, and notify any other interested party concerned that has not been registered that it may
go to the consulting office for the relative materials of information disclosure, on the premise that the parties and applicants
herein comply with the requirements for protecting the confidential information .

Article 19

In general, the basic facts as prescribed in Article 18 of these Provisions include:

(a)

the term and formalities for industrial damage investigation;

(b)

the factors or data based on which the domestic products of the same kind are confirmed;

(c)

the factors or data based on which the domestic industrial confirmation is made;

(d)

the facts or date based on which the cumulative appraisal is made;

(e)

the data on the import quantity (absolute quantity or comparative quantity) of the dumping or subsidized products as well as the
import prices;

(f)

the relative economic factors or data on appraising whether the domestic industry is damaged;

(g)

the factors or data that have further impact on the domestic industry in the relative investigated state (region);

(h)

the acceptance of the relative information as provided by an interested party concerned, including the utilization and grounds of
the most useful information acquired; and

(i)

any other information that may have substantial impact on ruling.

Article 20

The Ministry of Commerce shall make an information disclosure before 30 days as of the day when the final ruling is made. Under special
circumstances, in case any fact cannot be disclosed within the aforesaid time limit, the Ministry of Commerce shall make a disclosure
within a reasonable time limit before the final ruling is made.

Article 21

An information disclosure shall be made in written form, which may be made to all the relative interested parties concerned or the
representatives thereof.

Article 22

After the disclosure of information, an interested party concerned may put forward its comments to the Ministry of Commerce in written
form within 10 days.

Article 23

As regards the comments as put forward by the interested parties concerned within the prescribed time limit, the Ministry of Commerce
shall take them into account, and accept whatever is reasonable in its final ruling. Where any basic fact is therefore different
in making the final ruling, the Ministry of Commerce shall, as long as the normal formalities for case investigation are not disturbed,
disclose the information, upon which the relative interested parties concerned may make comments.

Chapter 4 Supplementary Provisions

Article 24

The information consulting and disclosure on industrial investigation damage in respect of case review shall be performed by referring
to these Provisions.

Article 25

The power to interpret these Provisions shall remain with the Ministry of Commerce.

Article 26

These Provisions shall go into effect after 30 days as of promulgation.



 
Ministry of Commerce
2006-08-04

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE RELATED TAXATION ISSUES CONCERNING SOHU’S SPONSORSHIP OF THE 29TH OLYMPIC GAMES

Circular of the State Administration of Taxation on the Related Taxation Issues Concerning Sohu’s Sponsorship of the 29th Olympic
Games

Guo Shui Han [2006] No. 771

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

Upon research, the related taxation issues concerning the sponsorship of cash equivalents to the 29th Olympic Games by Sohu.com Inc,
Beijing Sohu Now Era Technology and Beijing Sohu Internet Information (hereinafter collectively referred to as “Sohu”) are hereby
notified as follows:

1.

With respect to the Sohu’s sponsorship expenditure of cash equivalents affirmed according to the market price to Beijing Organizing
Committee, it shall be totally deducted from the taxable incomes when calculating the enterprise income tax in light of the spirit
as prescribed in Paragraph 4, Article 2 of the Circular of the Ministry of Finance, the General Administration of Taxation, General
Administration of Customs on Several Issues Concerning the Tax Policies for the 29th Olympic Games (Cai Shui [2003] No. 10).

2.

The business tax shall be exempted for all the internet services and information technology consultation occurred during Sohu’s sponsorship
of cash equivalents to Beijing Organizing Committee.

The State Administration of Taxation

October 15, 2006



 
The State Administration of Taxation
2006-08-15

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON RELEVANT TAXATION POLICY ON EXPORT OF PRODUCTS CONTAINING GOLD

Circular of the State Administration of Taxation on Relevant Taxation Policy on Export of Products Containing Gold

Guo Shui Han [2006] No. 812

Bureaus of State Taxation in all provinces, autonomous regions, municipalities directly under the Central Government and cities specially
designated in the State plan:

After the release of the Supplementary Circular of the State Administration of Taxation on Relevant Issues concerning the Carrying-out
of a Tax- Exemption Policy for the Export of Products Containing Gold (Guo Shui Fa [2006] No. 10), reflections from some regions
are received in succession, demanding to continue the carrying-out of an export rebate (exemption) policy on several kinds of products
which are integrated into the Customs Commodity Codes of 3824909090 etc. and contain no gold or platinum. And after studies, a circular
is hereby given as follows:

Article 1

Export products under the Commodity Code of 3824909090 shall continue to be subject to carry out an export rebate (exemption) policy
as of May 1, 2005.

The taxation authorities in all regions shall strengthen the examination, verification, approval and supervision over export products
under this duty paragraph, and shall, if gold, platinum and other products containing gold and platinum are detected to be exported
under this duty paragraph, timely inform the State Administration of Taxation and handle in accordance with the official replies
from the State Administration of Taxation. Meanwhile, an early-warning analysis shall be strengthened, if an abnormally radical increase
in the export amount of export commodities under this duty paragraph is detected, a complete examination and verification shall be
conducted on the relevant export enterprise and supplier enterprise. And with regard to those whose suspicion of tax fraudulency
is excluded, the formalities of tax rebate (exemption) shall be handled, otherwise, such formalities shall not be handled temporarily.

Article 2

Tin wires for arc welding and tin welding under the Commodity Code of 71159090 shall continue to be subject to carry out an export
rebate (exemption) policy as of May 1, 2005.

Article 3

With regard to these aforesaid products which exceed the period for declaration of tax rebate, the taxation authorities in all regions
shall handle the declaration of tax rebate of export enterprises as normal.

State Administration of Taxation

August 22, 2006



 
State Administration of Taxation
2006-08-22

 






1...697071...83Page 70 of 83

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
© LAWS.COM NETWORK 2023-2024