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MEASURES FOR THE ADMINISTRATION OF FAIR DEALING OF RETAILER AND SUPPLIER

Order of Ministry of Commerce, National Development and Reform Commission, Ministry of Public Security, State Administration of Taxation,
State Administration for Industry and Commerce

No. 17

Measures for the Administration of Fair Dealing of Retailer and Supplier has been deliberated and adopted at the 7th meeting of the
ministry on July13, 2006, and approved by National Development and Reform Commission, Ministry of Public Security, State Administration
of Taxation and State Administration for Industry and Commerce. Now it is hereby promulgated and shall come into effect as of November15,
2006.
Minister of Ministry of Commerce Bo Xilai

Director of National Development and Reform Commission Ma Kai

Minister of Ministry of Public Security Zhou Yongkang

Director of General of State Administration of Taxation Xie Xuren

Director of General of State Administration for Industry and Commerce Wang Zhongfu

October12, 2006

Measures for the Administration of Fair Dealing of Retailer and Supplier

Article 1

In order to regulate the dealing of retailers and suppliers, maintain fair dealing order and protect the legal rights of consumers,
these Measures are hereby formulated.

Article 2

The relevant dealing conducted by retailers and suppliers in China shall apply to these Measures.

Article 3

The term “retailers” as mentioned in the present measures refers to the enterprises and their branches which register at the administration
for industry and commerce, directly sell commodities to consumers and the annual sales amount (for the enterprises conducting chain
business, whose sales amount includes the sales amount of chain stores) over 10 million RMB. The term “suppliers” as mentioned in
the present measures refers to the enterprises and their branches, individual business, including manufacturers, distributors and
other agents, which directly provide retailers with commodities and relevant service.

Article 4

The dealing conducted by retailers and suppliers shall be in accordance with the principle of legitimacy, willingness, fairness,
good faith and may not interfere the market dealing order of fairness and competition and may not infringe the legal rights of the
counter parties.

Article 5

Retailers and suppliers are encouraged to use the standard contract recommended by the administrative department in charge of commerce
and the authorities of administration for industry and commerce in dealing.

Article 6

The retailers may not abuse the advantageous position to conduct the following unfair dealing:

(1)

to refuse to accept the commodities after entering into a supply contract on special commodities and agreeing the special specification,
type, design of the commodities, unless these may be attributed to suppliers or upon the consent of suppliers, retailers is liable
for the occurred loss;

(2)

to request suppliers to bear the liabilities for the loss of the commodities unstipulated in advance;

(3)

retailers has no justifiable reasons to remove the commodities of suppliers without stipulating the conditions in advance or non-compliance
with the stipulated conditions to remove the commodities, unless retailers remove the commodities of suppliers in accordance with
the laws and regulations or the administrative decisions made by administrative authorities under law.

(4)

to impel suppliers to unconditionally return sales profits or stipulating return of sales profit based on a certain sales amount,
however, accept the rebate without accomplishment of agreed sales amount. or

(5)

to impel suppliers to purchase the designated commodities or accept the designated service.

Article 7

Retailers may not conduct the following dealing which disturb fair competition:

(1)

to restrain the price of commodities directly sold by suppliers to consumers and other operators; or

(2)

to restrain commodities supplying or providing sales service by suppliers to other retailers.

Article 8

Retailers may not require suppliers to dispatch personnel to provide service at the business place of retailers, unless the following
circumstances:

(1)

Upon the consent of suppliers and the dispatched personnel only conduct the relevant sales service relating to the commodities provided
by the suppliers; or

(2)

to negotiate and reach mutual agreement on the job responsibility, work time, work term and etc. of the personnel dispatched by suppliers
and the cost of the dispatched personnel shall be paid by retailers.

Article 9

Suppliers are enpost_titled to returning the commodities under any of the following circumstances:

(1)

where retailers request to return the commodities due to contamination, damage, deterioration or expiration caused by retailers themselves,
and refuse to bear the losses suppliers suffer;

(2)

where retailers request to return the commodities due to adjustment of storage, transformation of business place or change of goods
shelf and refuse to bear the losses suppliers suffer; or

(3)

where retailers purchase the commodities at low price during promotion and return the remaining commodities at normal price after
promotion.

Article 10

If retailers charge suppliers with promotion service fee, they shall obtain the suppliers’ consent in advance, enter into the contract,
clearing stipulating the item, content and term of service; item, standard, amount, use, method of project or liabilities for breaching
of contract, etc.

The promotion service fee in these Measures refers to the fee charged by retailers with suppliers on the condition that retailers
provide the relevant service, such as printing poster, conduct promotion and advertising in order to promote the sales of specific
barnd or specific commodities of suppliers according to the contract.

Article 11

After charging promotion service fee, retailers shall provide relevant service to suppliers according to the provisions of the contract
and may not suspend service or decrease the service standard. In case retailers do not fully provide relevant service, retailers
shall return part of the fee with regard to the service that has not provided.

Article 12

Retailers shall record the charged promotion service fee into account and issue invoices to suppliers and pay tax under the regulations.

Article 13

Retailers may not charge or charge in disguised form the following fees:

(1)

fee charged due to entering into the contract or renewing the contract;

(2)

fee charged with suppliers due to the purchase of in-store code while suppliers has already gained the commodities code under the
relevant national regulations, which can be normally used in the retailers’ business place;

(3)

code fee charged with suppliers over the actual cost due to the use of in-store bar code;

(4)

decoration fees charged with suppliers, which are not specially used for decorating the special commodities sales area of suppliers,
when restructuring or decorating stores;

(5)

fees charged due to holiday celebration, store celebration, new store opening, reopening, enterprises listing, merger without providing
promotion service; or

(6)

other fees charged without direct relationship with the commodities sales and shall be afforded by retailers or without providing
service.

Article 14

Retailers and suppliers shall stipulate the term for payment to commodities price in the contract based on the nature of commodities,
however, the maximum payment term shall not be beyond 60 days after accepting commodities.

Article 15

Retailers shall check accounts with suppliers in time unless otherwise stipulated in the contract or suppliers fail to provide necessary
documents.

Article 16

Suppliers are enpost_titled to check the sales conditions of unpaid commodities of retailers in case retailers sell commodities on a commission
basis and retailers shall provide convenience and may not refuse.

Article 17

Retailers may not make overdue payment to commodities price to suppliers based on the following circumstances:

(1)

to fail to timely supply the individual commodities of suppliers;

(2)

to fail to go through the return goods formalities with regard to the individual commodities of suppliers;

(3)

the sales amount of suppliers fails to reach the retailers’ set amount;

(4)

suppliers fail to renew the supply contract with retailers; or

(5)

other circumstances violating the principle of fairness raised by retailers.

Article 18

When supplying commodities, suppliers may not conduct the following activities disturbing unfair competition:

(1)

impel to tie-sell commodities retailers do not order;

(2)

restrain retailers to sell other suppliers’ commodities.

Article 19

Industry associations shall be encouraged to establish commercial credit files, the credit status of retailers and suppliers shall
be recorded and reflected correctly, timely and completely. Retailers and suppliers shall be led to strengthen self-discipline and
legally operate.

Article 20

The industry association shall be encouraged to establish retailers’ loan balance risks warning system, in case the amount of retailers’
overdue payment to suppliers is relatively large and the term is long, the industry association shall report to commercial authorities
in charge and remind the relevant suppliers.

Article 21

The departments of commerce, price, tax and administrations for industry and commerce shall supervise and administer the activities
stipulated in these Measures within their respective jurisdictions. With regard to the activities possibly deemed as crime, they
shall report to public security authorities to handle under law.

The commercial authorities above county level shall supervise the fair dealing of retailers and suppliers with other relevant departments,
make risk warning and timely make countermeasures.

Article 22

Any unit or individual is enpost_titled to report the activities violating the stipulation of these Measures to the aforementioned departments.
The relevant departments shall investigate and prosecute according to law after receiving the report.

Article 23

Retailers or suppliers violating the provisions of these Measures shall be punished according to the provisions of the laws and regulations;
if there are not such provisions, otherwise, they shall be ordered to correct their behaviors; in case there is illegal income, they
shall be fined with below 3 times of illegal income but not more than 30,000 RMB; in case there is no illegal income, they shall
be fined with below 10,000 RMB and publicized to the public.

Article 24

If local commercial, price, tax, administration for industry and commerce departments above county level find the retailer suspicious
of being involved in obtaining the suppliers’ payment for commodities by deception, they shall transmit the clue of suspectable crime
to the local public security authorities. The public security authorities shall timely conduct investigation. In case of suspectable
crime, the case shall be filed and investigation shall be conducted.

Article 25

All provinces, autonomous regions, municipalities directly under the Central Government may set down relevant regulations on the
fair dealing of retailers and suppliers according to the local actual situation.

Article 26

These Measures shall come into effect as of November15, 2006.



 
Ministry of Commerce, National Development and Reform Commission, Ministry of Public Security, State Administration
of Taxation, State Administration for Industry and Commerce
2006-10-12

 






ANNOUNCEMENT NO.145, 2006 OF THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE OF THE PEOPLE’S REPUBLIC OF CHINA, ON RESUMING THE IMPORT OF DAIRY PRODUCTS FORM ARGENTINA

Announcement No.145, 2006 of the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic
of China, on Resuming the Import of Dairy Products form Argentina

No.145, 2006

On February 2006, Bovine Foot and Mouth Disease virus type O was detected in Argentina, a region located at north of the south latitude
42. Therefore, Ministry of Agriculture and the General Administration of Quality Supervision, Inspection and Quarantine jointly issued
Announcement No. 609, 2006, forbidding direct or indirect import of artiodactyls and their products from the above-mentioned region.

Recently, with the application of the Argentina government, the General Administration of Quality Supervision, Inspection and Quarantine
made a risk assessment to the production and processing works of some dairy products of Argentina, and affirmed that the related
works met the sanitation security requirements of China.

Therefore, decisions are made to permit four kinds of Argentina dairy products, namely butter, whey powder, full-cream milk powder
and whey protein concentrate, to be exported to China.

The General Administration of Quality Supervision, Inspection and Quarantine

October 27, 2006



 
The General Administration of Quality Supervision, Inspection and Quarantine
2006-10-27

 






SUPPLEMENTARY PROVISIONS II ON THE MEASURES FOR THE ADMINISTRATION OF FOREIGN INVESTMENT IN COMMERCIAL FIELDS

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

No. 22

The Supplementary Provisions II on the Measures for the Administration of Foreign Investment in Commercial Fields, which were deliberated
and adopted at the 8th executive meeting of the Ministry of Commerce on August 21, 2006, are hereby promulgated and shall come into
force as of December 1, 2006.
Bo Xilai, Minister of the Ministry of Commerce

November 3, 2006

Supplementary Provisions II on the Measures for the Administration of Foreign Investment in Commercial Fields

For the purposes of promoting the establishment of a closer economic partnership between Hong Kong and Macao and encouraging Hong
Kong and Macao service providers to set up commercial enterprises in mainland China, pursuant to the Supplementary Agreement III
on Hong Kong/Mainland Closer Economic Partnership Arrangement and the Supplementary Agreement III on Macao/Mainland Closer Economic
Partnership Arrangement as approved by the State Council, the supplementary provisions on matters of Hong Kong and Macao service
providers’ investment in commercial fields in the Measures for the Administration of Foreign Investment in Commercial Fields (Decree
of the Ministry of Commerce [2004], No. 8 ) are hereby formulated as follows:

1.

Where the same Hong Kong, or Macao service provider has set up over thirty (30) shops accumulatively in mainland China, if the commodities
operated include books, newspapers, magazines, pharmaceutical, pesticide, agricultural film, chemical fertilizer, grain, plant oil,
sugar, cotton, etc., and the above commodities are with different brands, from different suppliers, the Hong Kong or Macao service
provider is allowed to hold the shop, but with a capital contribution less than 65%.

2.

The term “Hong Kong or Macao service provider” in the present Provisions shall be in line with the definition of “Service Provider”
and relevant provisions in Hong Kong/Mainland Closer Economic Partnership Arrangement and Macao/Mainland Closer Economic Partnership
Arrangement respectively.

3.

Other matters in respect of Hong Kong or Macao service providers’ investment in commercial fields in mainland China shall still be
executed in accordance with the Measures for the Administration of Foreign Investment in Commercial Fields.

4.

The present Provisions shall be implemented as of December 1, 2006.



 
Ministry of Commerce
2006-11-03

 






CIRCULAR OF THE SUPREME PEOPLE’S COURT ON ESTABLISHING THE ARCHIVAL FILING SYSTEM OF JUDICIAL RECOGNITION OF WELL-KNOWN TRADEMARKS

circular of the Supreme People’s Court on Establishing the Archival Filing System of Judicial Recognition of Well-known Trademarks

Higher Courts of all provinces, autonomous regions and municipalities directly under the central government, Military Court of the
People’s Liberation Army, Production and Construction Corp Court of Higher Court of Xinjiang Uigur Autonomous Region:

In recent years, the local people’s courts recognized a certain number of well-known trademarks under with the Trademark Law of the
People’s Republic of China and relevant judicial interpretations when trying cases on trademark infringement and other civil disputes.
For the need of the trial work and to timely grasp and research the situations and problems about judicial recognition of well-known
trademarks, the Supreme People’s Court determines to establish the archival file system of judicial recognition of well-known trademarks.
A circular in respect of relevant issues are hereby given as follows:

1.

With regard to the cases involving recognition of well-known trademarks in force prior to this Circular, each higher people’s court
shall, within two months as of the distribution of this Circular, submit the legal documents of the first and the second instances
along with the statistical forms of the cases on recognition of well-known trademarks to No. 3 Civil Tribunal of the Supreme People’s
Court for archival filing;

2.

As from the distribution of this Circular, each higher people’s court shall, with regard to the cases involving recognition of well-known
trademarks within its jurisdiction whose legal documents have become effective, submit the legal documents of the first and second
instances along with the statistical forms to No. 3 Civil Tribunal of the Supreme People’s Court for archival filing within 20 days
since the legal documents have become effective.

Appendix: Pattern of the Statistical Form (Omitted)

The Supreme People’s Court

November 12, 2006



 
The Supreme People’s Court
2006-11-12

 






DETAILED RULES FOR THE IMPLEMENTATION OF THE REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE ADMINISTRATION OF FOREIGN-INVESTED BANKS






Decree of the Chairman of China Banking Regulatory Commission

No. 6

The Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on the Administration of Foreign-invested
Banks were adopted at the 53rd Chairmen’s meeting of China Banking Regulatory Commission. They are hereby promulgated and shall enter
into force as of December 11, 2006.
Chairman of China Banking Regulatory Commission Liu Mingkang

November 24, 2006

Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on the Administration of Foreign-invested
Banks
Chapter I General Provisions

Article 1

The present Detailed Rules have been formulated under the Banking Administration Law of the People’s Republic of China, the Law of
the People’s Republic of China on Commercial Banks and the Regulations of the People’s Republic of China on the Administration of
Foreign-invested Banks (hereinafter referred to as the Regulations).

Article 2

The banking regulatory institution of the State Council as mentioned in the Regulations refers to China Banking Regulatory Commission
(hereinafter referred to as the CBRC). The banking regulatory institutions as mentioned therein refer to the CBRC and its dispatched
institutions.

Chapter II Establishment and Registration

Article 3

The “prudent conditions” as mentioned in the Regulations and the present Detailed Rules shall at least include the following items:

(1)

With a good reputation and social image;

(2)

With continuous good operating performances and good asset quality;

(3)

The managerial personnel having good professional quality and management abilities;

(4)

Having a sound risk management system and having the ability to control the risks in associated transactions;

(5)

Having a sound internal control system and effective management information system (MIS);

(6)

Having formulated financial statements by following the prudent accounting principle, and the accounting firm holding no reservation
about the financial statements of the three years prior to filing the application;

(7)

Without record of serious violation of law or regulation;

(8)

Having an effective capital constraint and capital supplement mechanism; and

(9)

Having a reasonable corporate governance structure.

Items (8) and (9) are applicable to sole foreign-invested banks and the shareholders thereof, Chinese-foreign equity joint banks and
the shareholders thereof, as well as foreign banks.

Article 4

The term “major shareholder” as mentioned in Article 11 of the Regulations refers to a commercial bank which holds more than 50%
of the total capital or the total shares of a Chinese-foreign equity joint bank to be established, or a commercial bank which does
not hold more than 50% of the total capital or the total shares of a Chinese-foreign equity joint bank to be established but is under
any of the circumstances:

(1)

Holding more than half of the voting rights of the Chinese-foreign equity joint bank to be established;

(2)

Having the power to control the financial affairs and operating policies of the Chinese-foreign equity joint bank to be established;

(3)

Having the power to appoint or dismiss most of the members in the board of directors or the similar powerful institution of the Chinese-foreign
equity joint bank to be established; or

(4)

Holding more than half of the voting rights in the board of directors or the similar powerful institution of the Chinese-foreign equity
joint bank to be established.

The major shareholders of the Chinese-foreign equity joint bank shall list the Chinese-foreign equity joint bank into the consolidation
scope.

Article 5

Nobody shall be a shareholder of a solely foreign-invested bank or Chinese-foreign equity joint bank if it is under any of the following
circumstances:

(1)

There are obvious flaws in the corporate governance structure and mechanism thereof;

(2)

It has a complicated share-right relationship;

(3)

It has a number of associated enterprises; having frequent and abnormal associated transactions;

(4)

It does not have an outstanding core business or it engages in too many industries; or

Other circumstances which may result in significant negative influence to the bank to be established.

Article 6

The phrase “end of the year before the establishment application is put forward” as mentioned in Articles 10 through 12 refers to
the end of the fiscal year prior to the date of application. The phrase “Having a capital adequacy ratio that is in accordance with
the provisions of the financial regulatory authority” therein refers to that the capital adequacy ratio shall not be less than 8%.

Article 7

The “feasibility study report” as mentioned in Articles 14 of the Regulations and Articles 15, 26 and 30 of the present Detailed
Rules shall include the basic information of the applicant, the analysis of the market prospect of the institution to be established,
the business development plan of the institution to be established, as well as the organizational framework, and projection of asset-liability
size and profit for the first three years, etc.

The “feasibility study report” as mentioned in Articles 20 of the Regulations shall include the basic information of the applicant
and the aim and plan of the to-be-established representative office.

Article 8

The phrase “the name￿￿ of the institution to be established” as mentioned in Item 1, Article 14 of the Regulations and the “the
post_title￿￿ of the representative office to be established” as mentioned in Article 20 of the Regulations shall include the name in
Chinese and the one in a foreign language.

The nationality and form of liability of the foreign bank shall be marked in the name of a branch of a foreign bank or representative
office.

Article 9

The phrases “Copies of business license”, “copies of license documents on operating financial business”, “Letters of authorization”
and “Tax and liability guarantee of the foreign bank for its branch bank as in the case of applying for establishing a foreign branch
bank” shall not only be notarized by an institution accredited by the home country or region but also be certified by the embassy
or consulate of China in that country.

China Banking Regulatory Commission may, where necessary, request that other application documents as reported by the applicant shall
not only be notarized by an institution accredited by the home country or region but also be certified by the embassy or consulate
of China in that country.

Article 10

The phrase “annual financial statements” as mentioned in the Regulations and the present Detailed Rules shall be audited with the
auditing opinions issued by the accredited accounting firm of the home country or region of the applicant. Annual financial statements
printed in a language other than Chinese or English shall be accompanied by Chinese or English translations.

Article 11

Where it is the first time to establish a foreign bank, it shall report the abstract of the financial situations and relevant financial
supervision and administration laws and regulations.

Where it is the first time to establish a representative office, it shall report the certification issued by a banking financial institution
registered within the territory of China on that it has established a relationship of agency with the foreign bank.

Article 12

Where a foreign bank plans to establish a new branch within the territory of China, it shall meet the conditions as specified in
Articles 9 and 12 of the Regulations, and the branch(es) which it has already established within the territory of China shall satisfy
the prudent conditions as provided for by the CBRC, if a foreign bank plans to establish a new branch within the territory of China.

Where a foreign bank plans to establish a new representative office within the territory of China, it shall meet the conditions as
specified in Articles 9 of the Regulations, and the representative office(s) which it has already established within the territory
of China shall have no record that involves serious violation of any law or regulation.

Article 13

Where a solely foreign-invested bank or Chinese-foreign equity joint bank plans to establish a branch, it shall meet the prudent
conditions as provided for by the CBRC.

Article 14

The phrase “the banking regulatory institution in the place where the institution is to be established” as mentioned in Articles
14, 17 and 20 of the Regulations refers to the banking regulatory bureau where the institution or representative office to be established
is located. The phrase “timely submit” means that the aforesaid banking regulatory institution shall, submit to the CBRC the application
materials with its examination auditing opinions within 20 days after it receives a complete set of the application materials.

The term “application materials” as mentioned in Articles 14, 17 and 20 of the Regulations, shall be reported to the institution dispatched
by the CBRC to the place where the institution or representative office to be established is located.

The term “application” as mentioned in Article 14 and 20 of the Regulations shall be jointly signed by the chairmen of the board
of directors or presidents (chief executives, general managers) of all capital contributors to establish the solely foreign-invested
bank or Chinese-foreign equity joint bank, or shall be signed by the chairman of the board of directors or president of the foreign
bank to establish a branch or representative office, and shall be addressed to the Chairman of the CBRC.

Article 15

For the establishment of a branch by a solely foreign-invested bank or Chinese-foreign equity joint bank, preparatory establishment
application shall be first made, and the following application materials (in duplicate) shall be submitted to the banking regulatory
bureau of the place where its headquarters is located and a copy thereof shall be sent to the banking regulatory bureau where the
branch to be established is located:

(1)

An application signed by the chairman of the board of directors or president (chief executive officer or general manager) of the applicant
and addressed to the Chairman of the CBRC, which shall include the name, location, operating capital, categories of business;

(2)

A feasibility study report;

(3)

The articles of association of the applicant;

(4)

The yearly report of the applicant;

(5)

The anti-money laundering system of the applicant;

(6)

A copy of the business license of the applicant;

(7)

A resolution which the board of directors agrees to establish a branch; and

(8)

Other materials as requested by the CBRC.

The application materials and its auditing opinions shall be submitted to the CBRC by the banking regulatory bureau of the place where
the headquarters of the solely foreign-invested bank or of the Chinese-foreign equity joint bank are located within 20 days after
it receives a complete set of application materials

The banking regulatory bureau of the place where the branch to be established is located shall submit its examination opinions to
the CBRC within 20 days after application materials are received.

Article 16

To establish a foreign-invested business institution, the applicant shall, fetch a operation start application form from the institution
dispatched by the CBRC to the place where the institution to be established is located within 15 days after it receives the preparatory
establishment notice, and shall begin the preparatory establishment. The applicant shall form a preparatory establishment team responsible
for the preparatory establishment within the period of preparatory establishment and shall send a name list of the persons taking
charge of the preparatory establishment team to the local institution dispatched by the CBRC. The preparatory establishment team
shall be dissolved automatically after the preparatory establishment is finished. The preparatory establishment period shall be six
months.

In case the applicant fails to fetch a operation start application form within the prescribed time limit, the CBRC or any of its dispatched
institutions shall not accept its application to establish a business institution in the same city within the territory of China
within 1 year from the date of approval of the preparatory establishment.

Article 17

The applicant shall finish the following tasks in order to establish a business institution of a foreign-invested bank within the
preparatory establishment period:

(1)

Establishing a sound corporate governance structure, and to submitting an explanation of the corporate governance structure to the
local institution dispatched by the CBRC (only solely foreign-invested banks and Chinese-foreign equity joint banks are so requested);

(2)

Establishing an internal control system, including the control systems and operating procedures for the internal organizational structure,
authorization and credit, credit fund management, money transactions, accounting as well as computer information management system,
and submitting the aforesaid internal control systems and operating procedures to the local institution dispatched by the CBRC;

(3)

Equipping with a certain number of business personnel, who can meet the needs of its business development and have accepted relevant
training in the relevant policies, regulations and professional knowledge, so as to meet the requirements for effective supervision
and control of risks of the main businesses, the graded examination and approval and reexamination of business, the division of work
and restraint of each other for the key posts;

(4)

Printing the important vouchers and documents for external use and submitting specimens to the local institution dispatched by the
CBRC;

(5)

Being equipped with the safety protection facilities accredited by the relevant departments and submitting the copies of the pertinent
certifications to the local institution dispatched by the CBRC; and

(6)

The internal control system, accounting system, and computer system shall be audited by a qualified accounting firm lawfully established
within the territory of China before it starts business, and an audit report shall be submitted to the local institution dispatched
by the CBRC.

Article 18

If an applicant applies for extending the preparatory establishment period, it shall file an application with the local institution
dispatched by the CBRC one month before the expiration of the preparatory establishment period. The application shall be signed by
the person responsible for the preparatory establishment team of the business institution of the foreign-invested bank.

The local institution dispatched by the CBRC shall make a decision of approval or disapproval of the extension of the preparatory
establishment period within 15 days after it receives a complete set of application materials, and a written notice to the applicant
shall be presented and simultaneously a copy shall be sent to the CBRC. If it makes a decision of disapproval, explanations shall
be specified.

If the applicant, within the prescribed time limit, cannot file an application for the extension of the preparatory establishment
period, the institution dispatched by the CBRC may not accept its application.

Article 19

The person in charge of the preparatory establishment team shall apply to the institution dispatched by the CBRC for a check before
its operation starts when the preparatory establishment of a business institution of a foreign-invested bank is finished. The local
institution dispatched by the CBRC shall make a check within 10 days. The local institution dispatched by the CBRC shall issue a
written opinion on passing the check if the applicant passes the check. The local institution dispatched by the CBRC shall give it
a written notice if the applicant cannot pass the check. The applicant may, after the lapse of 10 days from the receipt of the said
notice, file a re-check application with the institution dispatched by the CBRC to the place where the institution is to be established.

Article 20

After an applicant fulfills the preparatory establishment and passes the examination, a written opinion in respect of passing the
check, the operation start application signed by the person-in-charge of the preparatory establishment team of the to-be-established
business institution of the foreign-invested bank and addressed to the Chairman of the CBRC along with the application materials
(in duplicate) as described in Article 17 of the Regulations shall be submitted by the applicant to the banking regulatory bureaus
of the place where the institution to be established is located, and a copy shall be simultaneously sent to the institution dispatched
by the CBRC to the place where the institution to be established is located.

The banking regulatory bureau of the place where the institution to be established is located shall, submit the application materials,
its written opinion on passing the check and its examination opinions to the CBRC within 20 days after it receives a complete set
of operation start application materials.

Article 21

After a business institution of a foreign-invested bank acquires the approval for operation start, it shall fetch a financial business
permit pursuant to the relevant provisions.

Article 22

The business institution of a foreign-invested bank shall start operations within 6 months after it fetches a business license. It
may, under any special circumstance, extend the time limit for operation start upon approval of the local institution dispatched
by the CBRC.

A business institution of a foreign-invested bank shall file a operation start extension application to the local institution dispatched
by the CBRC 1 month before the expiration of the time limit for operation start if a business institution of a foreign-invested bank
applies for extending the time limit for operation start. The application shall be signed by the chairman of the board of directors
or president (chief executive officer, general manager) of the solely foreign-invested bank or Chinese-foreign equity joint bank,
or by the president (general manager) of the branch of the foreign bank.

The local institution dispatched by the CBRC shall, decide to approve or disapprove the deferment of operation start, present a written
notice to the applicant and simultaneously a copy shall be sent to the CBRC within 15 days after it receives a complete set of application
materials. If it makes a decision of disapproval, it shall make an explanation.

The institution dispatched by the CBRC shall not accept its operation start extension application if a business institution of a foreign-invested
bank cannot file an operation start postponement application within the prescribed time limit.

The maximum extended time limit for operation start shall be 3 months. The original approval of operation start shall be nullified
automatically if the business institution of a foreign-invested bank cannot start operations after the expiration of the extended
time limit. The business institution of a foreign-invested bank shall return its financial business permit to the CBRC. The CBRC
or any of its dispatched institution shall not accept its application for the establishment of business institution in the same city
within 1 year after the nullification of the original approval of operation start.

Article 23

A business institution of a foreign-invested bank shall submit to the local institution dispatched by the CBRC a written report of
the date of operation start before it starts business, and it shall make an announcement on a national newspaper as designated by
the CBRC and on a local newspaper as designated by the local institution dispatched by the CBRC.

Article 24

Articles 15 through 19 of the Regulations and Articles 16 through 23 of the Detailed Rules shall govern branches of the solely foreign-invested
banks and branches of Chinese-foreign equity joint banks.

Article 25

A foreign bank may not only satisfy the conditions of the Regulations and the present Detailed Rules on the establishment of a solely
foreign-invested bank if it plans to change its branch within China into a solely foreign-invested bank solely invested by its headquarters,
but also be capable of implementing continuous business operations within the territory of China and effectively managing the solely
foreign-invested bank to be established.

Article 26

A foreign bank shall simultaneously apply for the preparatory establishment of a solely foreign-invested bank and for changing all
of its branches within China into branches of the solely foreign-invested bank and submit the following application materials (in
duplicate) to the banking regulatory bureau of the place where the solely foreign-invested bank to be established is located if it
plans to change its branch within China into a solely foreign-invested bank solely invested by its headquarters, , and a copy shall
be sent to the institution dispatched by the CBRC to the place of each of its branches within China simultaneously.

(1)

An application, including the name, location, registered capital or operating capital of the solely foreign-invested bank and its
branches, and the businesses for which the applicant applies, shall be signed by the chairman of the board of directors or president
(chief executive or general manager) of the foreign bank and addressed to the Chairman of the CBRC;

(2)

A feasibility study report and a plan on the change of institution;

(3)

A draft of the articles of association of the solely foreign-invested bank to be established and the legal advice issued by a law
firm lawfully established within China about the draft of the articles of association;

(4)

The resolution of the board of directors of a foreign bank on the consent to change the original branch of the foreign bank into a
solely foreign-invested bank solely invested by its headquarters;

(5)

A letter of opinions signed by the chairman of the board of directors president (chief executive or general manager) of the foreign
bank on the consent to inherit the rights, debts and taxation of the original branch of the foreign bank, and a letter of guarantee
to continuously implement business within China and to effectively manage a solely foreign-invested bank;

(6)

The audited unified financial report of all the foreign bank’s branches within China of the 2 years before filing the application

(7)

A written opinion on the change issued by the financial regulatory authority of the country or region where the applicant is located;

(8)

The applicant’s annual statements of the recent 3 years; and

(9)

Other materials as requested by the CBRC.

The banking regulatory bureau of the place where the headquarters of a solely foreign-invested bank shall submit the application materials
along with its examination opinions to the CBRC within 20 days after it receives a complete set of application materials.

The CBRC shall, make a decision of approval or disapproval of the change and present a written notice to the applicant within 6 months
after it receives a complete set of the application materials. It shall make an explanation if it makes a decision of disapproval.

Article 27

Where a foreign bank plans to reserve one branch engaging in the wholesale business of foreign exchange, it shall simultaneously
file an application when it applies for the preparatory establishment of a solely foreign-invested bank.

The original branch of a foreign bank shall determine the creditor’s rights, debts and taxation which should be inherited by the branch
of foreign bank and the solely foreign-invested bank, respectively. A checklist of the assets, liabilities, owner’s equities, the
application signed by the chairman or president (chief executive or general manager) and addressed to the Chairman of the CBRC, as
well as the application materials (in duplicate) which is described in Article 26 of the Detailed Rules should be submitted to the
local banking regulatory bureau of the place where the solely foreign-invested bank to be established is located, and a copy shall
be sent to the institution dispatched by the CBRC to the place where the original branch of the foreign bank is located simultaneously.

Article 28

If a foreign bank changes its branch within China into a solely foreign-invested bank solely invested by its headquarters, the operating
capital of the original branch of the foreign bank may, upon approval of the CBRC, be changed into registered capital of the solely
foreign-invested bank or may be transferred back to its headquarters through merger-related capital verification.

Article 29

After it finishes its preparatory establishment and passes the check, as for a foreign bank planning to change its branch within
China into a solely foreign funded bank solely invested by its headquarters, the letter of opinions on passing the check and the
following application materials (in duplicate) shall be submitted to the local banking regulatory bureau of the place where the solely
foreign-invested bank is located and a copy shall be sent to the institution dispatched by the CBRC to the place where the original
branch of the foreign bank is located simultaneously:

(1)

An application signed by the person-in-charge of the preparatory team of the solely foreign-invested bank to be established and addressed
to the Chairman of the CBRC, and the name, business address, registered capital or operating capital, and categories of business
of the solely foreign-invested bank to be established shall be included ;

(2)

A checklist of the assets, liabilities, owner’s equities of the solely foreign-invested bank to be established;

(3)

A capital verification certification issued by a qualified accounting firm lawfully established within China;

(4)

The name list, resumes, and copies of the identity cards and the academic credentials of the candidates for the chairman of the board
of directors and president of the branch or intercity sub-branch of the solely foreign-invested bank;

(5)

An authorization to the president of the branch or intercity sub-branch of the solely foreign-invested bank;

(6)

Formal announcement of having no bad record as signed by the candidates; and

(7)

Other materials as requested by the CBRC.

The local financial regulatory bureau of the headquarters of the solely foreign-invested bank to be established shall submit the application
materials, a written opinion on passing the check, and examination opinions to the CBRC within 20 days after it receive a complete
set of the application materials.

The CBRC shall make a decision of approval or disapproval of operation start and present a written notice to the applicant within
2 months after it receives a complete set of the application materials. In case it makes a decision of disapproval, an explanation
shall be specified.

Article 30

If a foreign bank plans to retain one branch doing the wholesale business of foreign exchange, it shall submit the following application
materials (in duplicate) to the banking regulatory bureau of the headquarters of the solely foreign-invested bank when it applies
for the operation start of the solely foreign-invested bank to be established simultaneously:

(1)

An application signed by the chairman of the board of directors or president (chief executive or general manager) and addressed to
the CBRC, including the location, operating capital and categories of business of the branch to be maintained;

(2)

A feasibility study report;

(3)

A checklist of the assets, liabilities, owner’s equities of the branch of foreign bank remained to engage in wholesale business of
foreign exchange;

(4)

A capital verification certification issued by a qualified accounting firm lawfully established within China; and

(5)

Other materials as requested by the CBRC.

The local banking regulatory bureau of the place where the headquarters of the solely foreign-invested bank is located shall submit
the application materials and its examination opinions to the CBRC within 20 days after it receives a complete set of the application
materials.

The CBRC shall make a decision of approval or disapproval of maintaining the foreign bank’s branch working wholesale business of foreign
exchange and send a written notice to the applicant within 2 months after it receives a complete set of the application materials.
It shall make an explanation if it makes a decision of disapproval.

Article 31

When a foreign bank changes its branch within China into a foreign-invested bank solely invested by its headquarters, a foreign bank
shall make an announcement on a national newspaper designated by the CBRC and on a local newspaper designated by the institution
dispatched by the CBRC to the place where the solely foreign-invested bank to be established is located during the period of the
preparatory establishment of the solely foreign-invested bank to be established and after it goes through the registration procedures,

Article 32

A representative office of a foreign bank shall go through the registration procedures in the administrative department for industry
and commerce after it is established upon approval,.

The representative office of foreign bank shall make an announcement on a national newspaper designated by the CBRC and on a local
newspaper designated by the institution designated by the CBRC to the place where the representative office is located after the
representative office of foreign bank goes through the registration procedures.

The representative office of foreign bank shall, within 6 months from the date of approval of establishment of the CBRC, move into
a fixed office. The original approval of the CBRC shall be invalidated automatically if it cannot begin operation within the time
limit of 6 months.

Article 33

The representative office of foreign bank shall submit the following materials to the local institution dispatched by the CBRC after
it moves into a fixed office:

(1)

The registration form of its basic information;

(2)

A copy of the industrial and commercial registration certificate

CIRCULAR OF THE CHINA LIGHT ARTWORK EXPORT CHAMBER AND THE BIDDING OFFICE OF RUSH AND PRODUCTS THEREOF ON THE PUBLICATION OF THE NAME LIST OF QUALIFIED ENTERPRISES OF BIDDING FOR RUSH AND PRODUCTS THEREOF

Circular of the China Light Artwork Export Chamber and the Bidding Office of Rush and Products thereof on the Publication of the Name
List of Qualified Enterprises of Bidding for Rush and Products thereof

In accordance with the Circular on Carrying out Examination of the Biding Qualification for the Export Quota of Rush and Products
thereof in 2007 issued by the Ministry of Commerce, the Office has reviewed the preliminary examination materials for enterprises
qualification submitted by competent authorities of commerce in related provinces and municipalities according to the Detailed Rules
for Implementation of Bidding for Export Quota of Agricultural Products. Upon review, 45 enterprises accord with the biding qualification
of Rush and products thereof in 2007. The name list is hereby publicized. Where there is any objection, please feed back opinions
to the Office before 16:00 of December 7, 2006.

Name List of Qualified Enterprises of Bidding for Rush and Products thereof (Omitted)

The China Light Artwork Export Chamber

The Bidding Office of Rush and Products thereof

December 5, 2006

 
The China Light Artwork Export Chamber, the Bidding Office of Rush and Products thereof
2006-12-05

 



ANNOUNCEMENT ON THE FIRST PUBLIC BIDDING FOR EXPORT QUOTAS OF BAUXITE OF 2007

Announcement on the First Public Bidding for Export Quotas of Bauxite of 2007

The first public bidding for export quotas of bauxite of 2007 shall start on December 15, 2006. In accordance with the relevant provisions
of Measures for the Invitation of Bid for Export Commodity Quotas and Detailed Rules on the Implementation of the Invitation of Bid
for Export Quota of Industrial Products (Wai Jing Mao Mao Fa [2001] No.626), the relevant matters are promulgated as follows:

I.

Name and Scope of the Commodities under the Invitation for Bid

Custom Coding of the Commodities:

25083000 saggar (trihydrate bauxite, flint clay, other saggar and aluminum monolithic refractories)

26060000 aloxite ore and its concentrate ore

II.

Amount of Biding:

Amount of this public bidding of bauxite: 475,000 t

III.

Time for Bid

Time for Biding: From December 15, 2006 to December 18, 2006

Time for Ending the Invitation for Bidding: 16￿￿0, December 18, 2006

Time for Opening Bid: 10￿￿0, December 19, 2006

IV.

Means of Bid

Bids will be conducted via www.ec.com.cn. An enterprise may send only one electronic bid document before the time point for ending
the invitation for bidding. When an enterprise successfully sent more than two (including two) electronic bid documents, the bid
documents shall be regarded as invalid.

China International Electronic Commerce Center (EDI) shall be responsible for the technical guarantee work for the electronic bids.
Problems on concrete operation shall be interpreted by EDI.

Tel.: 010-67870108 (Call-Center)

010-67800472￿￿67800334￿￿67800365￿￿67800045

Fax: 010-67800343

V.

Amount of Bid

1.

The minimum amount of bid is 100 t. The maximum amount of bid shall be classified according to the average annual amount of export
goods supply from 2004 to 2005 of the enterprise. The concrete scheme for the classification is as follows:

Average Annual Amount of Export Goods Supply￿￿￿￿￿￿￿￿￿￿￿￿￿￿Maximum Amount of Bid

￿￿￿￿￿￿￿￿￿￿greater than 800 t￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿average annual amount of export goods supply ￿￿39%

￿￿￿￿￿￿￿￿￿￿￿￿less than 800 t￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿3,000 t

2.

Average Annual Amount of Export Goods Supply = Actual Average Annual Amount of Export

3.

Any bid document with an amount of bid above its maximum or below its minimum amount of bid shall be treated as an invalid bid.

VI.

Base Price for Bid

A base price of bid is set up for this invitation for bid. A bidding enterprise may directly incept the base price for bid as determined
by the Committee for Invitation for Bid in its own electronic bid document.

Any bid document with a price level lower than the level of the base price for bid as provided by the Committee for Invitation shall
be treated as an invalid bid.

VII.

Price of Winning Bid and Amount of Winning Bid

The bid prices of all the bidding enterprises shall be sorted in descending order. The amount of bid of the enterprises shall be accumulated
according to their order. When the accumulative amount of bid equals the total amount of invitation for bid, the enterprises which
are reckoned in the accumulative total amount of bid (i.e. the total amount of bid) shall be the bid winners.

The amount of winning bid of a bid winner is its amount of bid. If the total amount of bid of the enterprises at the base price level
exceeds the rest amount of quotas, the rest quotas shall be distributed among the enterprises at this price level. Any enterprise
whose amount of winning bid is less than the minimum amount of bid shall be taken as failing to win the bid.

The price of winning bid of an enterprise shall be its price of bid.

VIII.

Inquiry of the Result of Winning Bid

This invitation for bid shall be opened at 10￿￿0, December 19, 2006, and the preliminary result of winning bid will be promulgated
on www.ec.com.cn on the morrow. In case an enterprise has any question, it may submit to the Public Bidding Administration before
15￿￿0, December 22. Any bidding enterprise may inquire about its status of winning bid via www.ec.com.cn after December 25. The
Public Bidding Administration will not issue a written Notice for Winning Bid to each enterprise.

IX.

Deposit for Winning Bid

The deposit for winning bid for this invitation for bid is 10% of the award amount for the bid winner. Any enterprise, after it wins
the bid, shall remit the deposit for winning bid (price of winning bid ￿￿mount of winning bid￿￿0%) into an appointed bank account
before February 28, 2007.

Name of the Entity: China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters

Bank for Opening the Account; Beijing Wanda Square Branch of China CITIC Bank

Account Number: 7112410182600001325

As for any enterprise which fails to pay the deposit for winning bid, the Bidding Office shall execute in accordance with the relevant
provisions of Measures for Invitation of Bid and the Detailed Rules on the Implementation thereof.

X.

The Address of the Bidding Office of Export Quotas of Bauxite: 17/F, Prime Tower, No. 22 Chaowai Street, Chaoyang District, Beijing

Postal Code: 100020

Tel.: 010-65882501-1721￿￿1730￿￿1732

Fax: 010-65882509

Committee for the Invitation for Bid for Export Commodity Quotas

December 11, 2006



 
Committee for the Invitation for Bid for Export Commodity Quotas
2006-12-11

 






CIRCULAR OF THE GENERAL OFFICE OF STATE ENVIRONMENTAL PROTECTION ADMINISTRATION ON RELEVANT ISSUES CONCERNING THE DEFERRED USE OF IMPORT LICENSE FOR SOLID WASTE

Circular of the General Office of State Environmental Protection Administration on Relevant Issues Concerning the Deferred Use of
Import License for Solid Waste

Huan Ban [2006] No. 149

(This document was signed by Liu Guangping with the General Office of State Environmental Protection Administration, and Liu Deping
with the General Office of

the General Administration of Quality Supervision, Inspection and Quarantine)

The Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities directly under the Central
Government, Guangdong branch of General Administration of the Customs, and its special commissioners’ offices in Tianjin and Shanghai,
and all Customs directly under General Administration of Customs, bureaus of quality and technical supervision in all provinces,
autonomous regions and municipalities, administrations for entry-exit inspection and quarantine directly under GAQSIQ:

In accordance with Announcement of the State Environmental Protection Administration, the General Administration of Customs and the
General Administration of Quality Supervision, Inspection and Quarantine ([2005] No. 47) (Notice on Relevant Issues Concerning the
Introduction of the New Edition of Import License for Solid Waste that Can Be Used as Raw Materials), the examination and approval
work for waste import and the Electronic Port of China Customs have been formally integrated in one networking as of October 10,
2005. The new edition of Import License for Solid Waste that Can Be Used as Raw Materials was introduced with the provision that
the license of the new edition shall be effective in the year concerned, and in case of special demand for using it over the year,
the period of validity shall not surpass March 31 of the next year. Seeing that the year 2006 is the first year after the introduction
of the license of the new edition and thus some enterprises have just used it for a relatively short period, for the purpose of facilitating
the use of the license of the new edition by relative parties, and upon deliberation by the General Administration of Customs and
General Administration of Quality Supervision, Inspection and Quarantine, the period of validity of Import License for Solid Waste
(including the automatically-permitted and the restricted) signified and issued by the State Environmental Protection Administration
that shall expire on December 31, 2006 shall be automatically deferred to March 31, 2007. Within the limitation of automatic deferral,
enterprises may directly handle the formalities of inspection and quarantine and customs clearance by virtue of the Import License
for Solid Waste for the Year 2006 they have already received.

General Office of State Environmental Protection Administration

December 18, 2006



 
General Office of State Environmental Protection Administration
2006-12-18

 






ANNOUNCEMENT NO. 103, 2006 OF MINISTRY OF COMMERCE, ON POSTPONING ANTI-DUMPING INVESTIGATION TERM ON NONYL PHENOL

Announcement No. 103, 2006 of Ministry of Commerce, on Postponing Anti-dumping Investigation Term on Nonyl Phenol

[2006] No. 103

An announcement of Ministry of Commerce was issued on October 29, 2005, deciding to start anti-dumping investigation on Nonyl Phenol
imported from India and Taiwan region. The tariff number of the investigated product was 29071310.

Since the case is particular and complicated, the Ministry of Commerce, in accordance with Article 26 of the Anti-dumping Regulations
of People’s Republic of China, decided to postpone the investigation term of this case for another 6 months, namely ending on June
29, 2007.

The Ministry of Commerce

December 26, 2006



 
The Ministry of Commerce
2006-12-26

 






ANNOUNCEMENT NO.96, 2006 OF MINISTRY OF COMMERCE AND GENERAL ADMINISTRATION OF CUSTOMS, PROMULGATING CATALOG OF COMMODITIES UNDER ADMINISTRATION OF IMPORT AND EXPORT LICENSE OF DUAL-USE SUBSTANCES AND TECHNOLOGIES

Announcement No.96, 2006 of Ministry of Commerce and General Administration of Customs, Promulgating Catalog of Commodities under
Administration of Import and Export License of Dual-use Substances and Technologies

[2006] No. 96

In accordance with Administrative Measures on Import and Export License of Substances and Technologies of Double Functions (Decree
No.29, 2005 of Ministry of Commerce and General Administration of Customs, hereinafter refereed to as “Administrative Measures”),
Ministry of Commerce and General Administration of Customs adjusted Catalog of Commodities under Administration of Import and Export
License of Dual-use Substances and Technologies enclosed in Administrative Measures. The adjusted Catalog of Commodities under Administration
of Import and Export License of Dual-use Substances and Technologies is now announced (refer to the appendix).

Importers of radioactive isotope shall report to State Environmental Protection Administration for examination and approval in line
with regulations of Regulations on Security and Protection of Radioactive Isotope and Radial Apparatus, and apply for license of
dual-use substances and technologies to Quota Affairs Bureau of Ministry of Commerce in accordance with Administrative Measures.
The Customs will go through formalities clearance in line with import license of dual-use substances and technologies issued by Quota
Affairs Bureau of Ministry of Commerce.

This announcement will take effect as from January 1, 2007, Catalog of Commodities under Administration of Import and Export License
of Dual-use Substances and Technologies and Catalog of Radioactive Isotope of Import Restricting enclosed in Administrative Measures
(Announcement No.2 of Ministry of Commerce, General Administration of Customs, State Environmental Protection Administration, and
General Administration of Quality Supervision, Inspection and Quarantine) will be terminated at the same time.

Appendix: Catalog of Commodities under Administration of Import and Export License of Dual-use Substances and Technologies

The Ministry of Commerce

The General Administration of Customs

December 30, 2006



 
The Ministry of Commerce, the General Administration of Customs
2006-12-31

 






1...818283Page 82 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

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