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ANNOUNCEMENT NO.40, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE ALTERATION OF THE RIGHT AND OBLIGATION IN THE ANTI-DUMPING TDI OF MITSUI TAKEDA CHEMICALS, INC.

Announcement No.40, 2006 of the General Administration of Customs of the People’s Republic of China concerning the Alteration of the
Right and Obligation in the Anti-dumping TDI of MITSUI TAKEDA CHEMICALS, INC.

No. 40 [2006]

In accordance with Anti-dumping Regulations of the Peoples Republic of China, the Tariff Committee of the State Council decides to
impose anti-dumping duties on TDI (type of TDI80/20 and the tariff code is 29291010) originating from Japan, the Republic of Korea
and the United States as from Nov 22, 2004 with duration of 5 years. Ministry of Commerce released Announcement No.61, 2003 and the
General Administration of Customs released announcement No.64 on related issues of implementation. In accordance with result of midterm
review, the Tariff Committee of the State Council decided to adjust the rate of anti-dumping duties on imported TDI originating from
Japan and the Republic of Korea. The anti-dumping duties rate on MITSUI TAKEDA CHEMICALS, INC. was adjusted to 12.45 percent while
the rate of other companies of Japan was adjusted to 60.02 percent in January 2006, for which General Administration of Customs specially
release Announcement No.1, 2006. Recently, in accordance with application of MITSUI TAKEDA CHEMICALS, INC., Ministry of Commerce
decided that MITSUI CHEMICALS POLYURETHANE, INC. shall succeed anti-dumping duties rate applicable for MITSUI TAKEDA CHEMICALS, INC.
after examination, and released Announcement No.53, 2006 (please refer to Appendix for details). Related issues on Customs implementation
are announced as follows:

1.

The Customs will impose an anti-dumping duty of 12.45% and 60.02% on TDI originating from MITSUI CHEMICALS POLYURETHANE, INC. and
MITSUI TAKEDA CHEMICALS, INC. respectively.

2.

The other issues on anti-dumping duties of TDI originating from Japan, the Republic of Korea and the United States are subject to
related regulations of Announcement No. 64, 2003 and Announcement No.1, 2006 of the General Administration of Customs.

General Administration of Customs

Jul 12, 2006



 
General Administration of Customs
2006-07-12

 







ANNOUNCEMENT NO.41, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE COLLECTION OF ANTI-DUMPING DUTIES ON IMPORTED PBT ORIGINATING FROM JAPAN AND TAIWAN REGION

Announcement No.41, 2006 of the General Administration of Customs of the People’s Republic of China concerning the Collection of Anti-dumping
Duties on Imported PBT Originating from Japan and Taiwan Region

No.41 [2006]

According to the provisions of Anti-dumping Regulations of the People’s Republic of China, Tariff Commission of the State Council
decided to impose anti-dumping duties on imported PBT originating from Japan and Taiwan Region as of July 22, 2006 for a period of
5 years. For this reason, the Ministry of Commerce has promulgated its Announcement No. 24, 2006 (See Appendix 1). Relevant issues
in the implementation are hereby announced as follows:

1.

As of July 22, 2006, besides levy of import duties in accordance with rules, in light of different manufactures, anti-dumping duties
and value added duties in import linkage shall be imposed on PBT originating from Japan and Taiwan Region (Tariff No. 39079900, Reinforced
or modified PBT under this Tariff No. is not included) according to appropriate duty rate as listed in Appendix 2 of this Announcement
and following formula,.

Anti-dumping Duty￿￿Customs Tax Payment Price ￿￿ate of Anti-dumping Duty

Value added Duty in import linkage ￿￿(Customs Tax Payment Price + Tariff + Anti-dumping Duty) ￿￿Value Added Duty Rate in import linkage

See Appendix 1 of this Announcement for detailed description of the products on which anti-dumping duties shall be imposed.

The import operation units shall write commodity number 39079900.10 when they declare the PBT without reinforcement and modification
under the Tariff No. 39079900, and write commodity number 39079900.90 when they declare reinforced or modified PBT and other products
under Tariff No. 39079900.

2.

Whoever declares imported PBT shall submit Origin Certificate to the Customs. If the origin is Japan or Taiwan Region, the invoice
of the original manufacture shall be provided. Any one who could not provide Origin Certificate when declaring imported PBT, and
no way to determine that the origin of the goods are not Japan or Taiwan Region, the customs shall levy anti-dumping duties according
to the highest rate of anti-dumping duties as listed in Appendix 2 of this Announcement. If the origin of the goods is Japan or Taiwan
Region could be determined, but the import operation unit could not provide the invoice of the original manufactures, the customs
shall impose anti-dumping duties according to the rate of anti-dumping duties applicable to other companies in corresponding countries
or regions as listed in Appendix 2 of this Announcement.

3.

About the issues how to impose anti-dumping duties on the bonded import of PBT originating from Japan and Taiwan Region for processing
trade and etc, the customs shall implement according to the provisions of Announcement No. 9, 2001 of the General Administration
of Customs of PRC and Decree No. 111 of the General Administration of Customs of PRC.

4.

The anti-dumping deposit that has been paid for the PBT originating from Japan and Taiwan Region imported after the implementation
of the temporary measures on anti-dumping shall be levied and changed to anti-dumping duties according to the commodity range that
shall be imposed anti-dumping duties and the rate of anti-dumping duties as prescribed in this Announcement, the deposit of value
added duties in import linkage paid simultaneously shall be changed to value added duties in import linkage. If above deposit exceeded
the rate of anti-dumping duties and corresponding value added duties in import linkage calculated according to the duty rate as stipulated
in this Announcement, the unit concerned may apply for refund to the customs in the duty levying area within 6 months from Jury 22,
2006. If above deposit is not enough, overdue duties shall not be levied.

5.

During the period of imposing anti-dumping duties on imported PBT, to the same or similar goods that the customs could not determine
whether anti-dumping duties shall be levied, the unit concerned shall make an application to the Ministry of Commerce and a determination
shall be made by relevant department of the Ministry of Commerce. The customs shall implement according to the determination of the
Ministry of Commerce.

You are hereby informed by the announcement.



 
General Administration of Customs
2006-07-20

 







CIRCULAR OF CHINA BANKING REGULATORY COMMISSION CONCERNING PROHIBITING BANKS AND COMMERCIAL INSTITUTIONS FROM DISTRIBUTING CO-BRAND STORED-VALUE CARDS

Circular of China Banking Regulatory Commission concerning Prohibiting Banks and Commercial Institutions from Distributing Co-brand
Stored-value Cards

All banking regulatory bureaus, state-owned commercial banks, equity joint commercial banks, China Postal Savings and Remittance Bureau:

Recently, the banks and commercial institutions in some regions distributed co-brand stored-value cards in violation of rules, and
then brought certain prestigious risks to banks. For the purpose of maintaining a sound financial order, the relevant issues are
hereby announced in accordance with relevant provisions in the Commercial Bank Law of the People’s Republic of China and the Banking
Supervision Law of the People’s Republic of China:

1.

All banks may not, jointly with any commercial institution, distribute anonymous co-brand stored-value cards that are sold by business
operators with purchase invoices.

2.

All banks shall clean up its rule-breaking distribution of co-brand stored-value cards in a timely manner after receipt of this Circular,
and shall perform the self-check and self-correct.

3.

China Banking Regulatory Commission and its agencies shall make inspections exclusively on the rule-breaking distribution by the banks
and commercial institutions of co-brand stored-value cards, and the rule-breaking acts shall be punished.

All banking regulatory bureaus are requested to forward this Circular to the urban commercial banks, rural commercial banks, rural
cooperative banks and rural credit cooperatives in various cities under their respective jurisdictions.

China Banking Regulatory Commission

August 1, 2006



 
China Banking Regulatory Commission
2006-08-01

 







CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION ON RELEVANT ISSUES CONCERNING THE DRAWING OF RISK RESERVES BY FUND MANAGEMENT COMPANIES

Circular of China Securities Regulatory Commission on Relevant Issues Concerning the Drawing of Risk Reserves by Fund Management Companies

Zheng Jian Ji Jin Zi [2006] No. 154

All fund management companies and fund custody banks:

With a view to intensifying the risk prevention capacities of fund management companies, promoting the steady operation and development
of companies, enhancing the confidence of the holders of fund shares and protecting the interests of the holders of fund shares,
we hereby, according to the Law on Securities Investment Funds and the Measures on the Administration of Securities Investment Fund
Management Companies (Zheng Jian Hui Ling No. 22), give our circular as follows on the relevant matters concerning the drawing of
risk reserves by fund management companies:

I.

The fund management company shall draw risk reserves from fund management fees revenues every month, with the proportion of the drawn
risk reserves not lower than 5% of the fund management fees revenues. When the risk reserve balance reaches 1% of the net fund assets,
risk reserves do not need to be drawn any more.

Where the balance of risk reserves after use is lower than 1% of the net fund assets, the fund management company shall continue to
draw risk reserves until the proportion reaches 1% of the net fund assets.

II.

Risk reserves shall be used to compensate for the losses caused by the fund management company to fund assets or to the holders of
fund shares due to its violation of any law or rule or fund contract, or due to technical malfunction, operational error and etc.,
and be used for other purposes as prescribed by the CSRC. If the risk reserves are not enough for compensating the foresaid losses,
the fund management company shall use other funds it owns to make the compensation.

III.

The fund management company shall select a fund custody bank (hereinafter referred to as special-account custody bank) among those
who are the fund custody banks for the funds under its management to open a special account for risk reserves, so as to deposit and
pay risk reserves, and shall report it to the CSRC within 2 working days as of opening the foresaid account.

IV.

The fund management company shall establish rules on risk reserve management, formulate the procedures for drawing, transferring,
utilizing and paying risk reserves, and shall, upon the approval of the board of directors, report them to the CSRC for archival
filing.

V.

The fund management company shall inform the relevant fund custody banks of the special account for risk reserves and of the procedures
for drawing and transferring risk reserves. The relevant fund custody banks shall, when paying overhead expenses to the fund management
company every month, transfer the risk reserves it has drawn into each company’s special account for risk reserves. And the special-account
custody bank may not charge any custody fee for the risk reserves.

VI.

Risk reserves shall be subject to the management of the fund management company, and may be invested in high-liquidity but low-risk
assets such as national debts and etc. The interest income and investment profits or losses brought by risk reserves shall be included
into risk reserves for management.

VII.

Where the risk reserves are sealed up, detained, frozen or compulsorily enforced by the people’s court according to law, the fund
management company and the special-account custody bank shall immediately report it to the CSRC. If the utilization of any risk reserves
is affected or the risk reserves are reduced accordingly, the fund management company shall complement the amount within 5 working
days.

VIII.

Where a fund management company needs to pay any risk reserve, it shall notify the relevant fund custody bank that shall review the
risk reserves, while the special-account custody bank shall cope with the matter, and the fund management company shall, within 2
working days after using the risk reserves, report the relevant information to the CSRC in written form, and make clear statement
in the supervision and audit report.

IX.

The special-account risk reserve custody bank shall supervise the fund management company’s drawing, managing and using risk reserves,
guarantee the safety of the deposit of the risk reserves and guarantee that the legal procedures are abided by when using the reserves.

X.

The fund management company and the special-account custody bank shall, before January 20 each year, submit to the CSRC a special
report on drawing, managing and using the risk reserves during the last year.

XI.

When a fund management company is dissolved, liquidated or terminated, the balance of risk reserves shall be dealt with as assets
of the fund management company.

XII.

As to the fund management companies that fail to accord with the provisions in their drawing or using risk reserves, the CSRC may
take corresponding supervision and administration measures.

XIII.

The present Circular shall come into force as of the day of its promulgation. The fund management companies that have drawn risk
reserves before the present Circular comes into force shall, according to the present Circular, regulate the management of that part
of funds.

China Securities Regulatory Commission

August 14, 2006



 
China Securities Regulatory Commission
2006-08-14

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE RELEVANT ISSUES CONCERNING THE IMPLEMENTATION OF THE INTEREST CLAUSES IN SINO-CANADA AGREEMENT ON TAXATION

Circular of the State Administration of Taxation on the Relevant Issues Concerning the Implementation of the Interest Clauses in Sino-Canada
Agreement on Taxation

Guo Shui Fa [2006] No. 126

The state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central
Government and the cities under separate state planning:

Upon the request of the taxation authorities of Canada, the representatives of the taxation authorities of China and Canada have negotiated
on the problems that existed during the implementation of Paragraph 3, Article 11 of Sino-Canada Agreement on Taxation, and have
reached the following consensuses:

I.

Paragraph 3 of Article 11 of the Chinese version shall be amended to be:

“Notwithstanding the provisions of Paragraph 2, the interests occurred in one of the contracting states shall be exempted from taxation
in the state when the interests are:

i.

In respect of Canada:

1.

Paid to the Canadian Government;

2.

Paid to the Bank of Canada;

3.

Paid due to the direct or indirect loans or loans guaranty by Export Development Canada;

4.

Paid to the financial institutions owned by the Canadian Government and recognized by both of the competent authorities of the contracting
states s;

ii.

In respect of the People’s Republic of China:

1.

Paid to the government of the People’s Republic of China;

2.

Paid to the People’s Bank of China;

3.

Paid due to the direct or indirect loans or loans guaranty by the Bank of China or China International Trust and Investment Corporation
(CITIC);

4.

Paid to the financial institutions owned by the government of the People’s Republic of China and recognized by both of the competent
authorities of the contracting states.

II.

The English name of “Canadian Export Development Corporation” in the text of the Agreement shall be changed to be “Export Development
Canada”.

Please carry out the present notice accordingly.

The State Administration of Taxation

August 18, 2006



 
The State Administration of Taxation
2006-08-18

 







CIRCULAR OF CHINA SECURITIES REGULATORY COMMISSION ON THE RELEVANT ISSUES CONCERNING THE IMPLEMENTATION OF THE MEASURES FOR THE ADMINISTRATION ON SECURITIES INVESTMENT WITHIN THE TERRITORY OF CHINA BY QUALIFIED FOREIGN INSTITUTIONAL INVESTORS

Circular of China Securities Regulatory Commission on the Relevant Issues Concerning the implementation of the Measures for the Administration
on Securities Investment within the Territory of China by Qualified Foreign Institutional Investors

Zheng Jian Ji Jin Zi [2006] No.176

All foreign investors, custodian banks, securities companies, Shanghai Stock Exchange, Shenzhen Stock Exchange, and China Securities
Depository and Clearing Corporation Limited:

With a view to further improving the pilot wok on qualified foreign institutional investors (hereinafter referred to as QFII ), we
hereby make the following notice on the relevant issues concerning the implementation of the Measures for the Administration on Securities
Investment within the territory of China by Qualified Foreign Institutional Investors (hereinafter referred to as the Administration
Measures):

1.

When applying for the qualification as a QFII, the applicant shall meet the following conditions on assets scale and other conditions:

(1)

As regards a fund management institution, it shall have engaged in assets management business for 5 or more years, and the securities
assets managed in the latest accounting year shall not be less than USD 5 billion;

(2)

As regards an insurance company, it shall have been established for 5 or more years, and the securities assets held in the latest
accounting year shall not be less than USD 5 billion;

(3)

As regards a securities company, it shall have engaged in securities business for 30 or more years, the paid-in capital shall be not
less than USD 1 billion, and the securities assets managed in the latest accounting year shall not be less than USD 10 billion;

(4)

As regards a commercial bank, its total assets shall rank in top 100 worldwide in the latest accounting year, and the securities assets
it managed shall not be less than USD 10 billion;

(5)

As regards other institutional investors (pension funds, charity foundations, endowment funds, trust companies, government investment
management companies, etc.), they shall be established for 5 or more years, and the securities assets managed or held in the latest
accounting year shall not be less than USD 5 billion;

2.

When applying for the qualification as a QFII, the applicant shall submit the following application documents to the China Securities
Regulatory Commission (hereinafter referred to as CSRC) (one original copy and one duplicate):

(1)

The application form (appendix 1);

(2)

The form of basic information of major principals (appendix 2);

(3)

The investment plan;

(4)

The explanation on the fund sources;

(5)

The explanation on whether the applicant has ever been punished severely by supervisory organs within the latest 3 years;

(6)

The business license of the applicant (photocopy) issued by the country or region where it is located;

(7)

The financial operation license of the applicant (photocopy) issued by the supervisory organ of the country or region where the it
is located;

(8)

The Articles of association of the company (photocopy);

(9)

The draft custody agreement concluded with its potential trustee;

(10)

The audited financial statements of the recent 3 years; and

(11)

Other documents as required by the CSRC.

Among the documents as prescribed in the preceding paragraph, if a document is signed by a person authorized by the legal representative
(the legal representative shall refer to a natural person that may, upon the authorization of the board of directors of the applicant,
or in light of the articles of association of the applicant, or according to the laws and regulations of the country or region where
the applicant is located, handle the relevant issues concerning the administration of securities investment within the territory
of China by QFII on behalf of the applicant, such as the chairman of the board or CEO) of the applicant, a power of attorney issued
by the legal representative is required.

The aforesaid power of attorney and the documents as prescribed in items (6), (7) and (8) of the preceding first paragraph shall obtain
the notarial deed issued by an notarization institution or a lawyer legally approved by the country or region where it is located,
or shall be subject to the authentication of the Chinese embassy or consulate to that country. If any of the documents as prescribed
in items (3), (4), (5) of the first paragraph is written in a foreign language, a corresponding Chinese version shall be attached
thereto.

A QFII applicant shall, within 5 workdays as of the opening of the special RMB account, submit the official custody agreement to the
CSRC.

3.

The Securities Investment License for a QFII shall be valid for a long time, save and except that it is otherwise prescribed in the
relevant laws and regulations or by the CSRC or that the CSRC have cancelled the Securities Investment License according to law.

4.

When applying for the qualification as a QFII trustee, the applicant shall file the following documents with the CSRC (one original
copy and one photocopy):

(1)

The application form ( Appendix 3)

(2)

The application form for the qualification as a trustee (it shall be affixed with an official seal or the signature of the legal representative);

(3)

The official reply of the CSRC on approving the applicant’s engagement in the entrusted business of securities investment within the
territory of China by a QFII (photocopy);

(4)

The duplicate of the financial business license (Photocopy) and the duplicate of the business license (Photocopy);

(5)

The certification documents of the paid-in capital;

(6)

The basic background information on domestic trust departments (including personnel and safety guarantee measures, etc.);

(7)

The relevant administrative rules on trusteeship business (mainly including the administrative measures on trusteeship business, internal
risk control system, post-related responsibility and operational procedure, norms of acts of employees, accounting methods and information
control system, etc.);

(8)

The explanation on the possession of a highly efficient, rapid, safe and reliable technical system and relevant proofs; and

(9)

Other documents as required by the CSRC and the State Administration of Foreign Exchange in light of the principle of prudent supervision.

5.

If under any of the following circumstances, the trustee of a QFII must be replaced:

(1)

The QFII has sufficient reasons to believe that the replacement of a trustee is more helpful to its interests;

(2)

The CSRC and the State Administration of Foreign Exchange determine, pursuant to the principle of prudent supervision, that the trustee
is unable to fulfill the duties of a trustee any more.

Both the new trustee and the original trustee shall, within 3 workdays after the quit of the original trustee, report the relevant
information to the CSRC and State Administration of Foreign Exchange for archival filing.

6.

A QFII shall entrust the trustee to send an application to China Securities Depository and Clearing Corporation Limited (hereinafter
referred to as China Clearing Corporation) for opening several securities accounts, which shall be in one-to-one correspondence with
the special RMB accounts approved by the State Administration of Foreign Exchange.

A QFII shall open and use the securities accounts according to the business rules of China Clearing Company and be responsible for
the management of the securities accounts it opened.

7.

A QFII shall apply for the opening of a securities account in its own name. As regards a QFII providing asset management services
to customers, a nominal holder account shall be opened. And the QFII shall report the situation of the investments by the owners
of securities rights and interests under the nominal holder account according to the relevant requirements (Appendix 4).

8.

A QFII may, when opening securities accounts for such long-term funds as public offering funds, insurance capital, pension funds,
charity funds ,endowment funds and governmental investment funds, set the account names as “QFII + fund (or insurance capital, etc.)”.
The assets under the account belong to the “fund (insurance capital, etc.)”, and shall be independent of the QFII and the trustee.

9.

A QFII may, within the approved investment amount, invest in the following RMB financial instruments:

(1)

Stocks listed and traded in stock exchanges;

(2)

Bonds listed and traded in stock exchanges;

(3)

Securities investment funds;

(4)

Warrants listed and traded in stock exchanges;

(5)

Other financial instruments as permitted by the CSRC.

A QFII may participate in the issuance of new shares, issuance of convertible bonds, additional insurance of shares and purchase of
rationed shares.

10.

The securities investment within the territory of China by foreign investors shall abide by the following limits on the proportion
of shares:

(1)

As for the single foreign investor that holds the stock of one listed company through QFII, the proportion of shares shall not exceed
10% of the total amount of shares of the company;

(2)

The total of the proportions of A shares held by all foreign investors in a single listed company shall not exceed 20% of the total
amount of shares of the company;

As for the foreign investors that make strategic investment in listed companies according to the Measures for the Administration on
Strategic Investment in Listed Companies by Foreign Investors, the shares held by them through strategic investment shall not be
subject to the above-mentioned limits on the proportion of shares.

11.

If the securities investment within the territory of China by a foreign investor meets the requirements of information disclosure,
as an obligor of information disclosure, the foreign investor shall submit the content of the disclosed information to stock exchanges
through QFII, which shall be in duty to ensure that the foreign investor under its name strictly complies with the relevant provisions
on information disclosure.

12.

A QFII may exercise the shareholder’s rights on its own or through entrusting trustees, securities companies within the territory
of China, secretaries of the boards of directors of listed companies, independent directors of listed companies or foreign investors
under its name.

13.

When exercising the shareholder’s rights, a QFII shall bring forward the following evidential documents to the listed company:

(1)

The original copy or photocopy of the Securities Investment License for the QFII;

(2)

The original copy or photocopy of the securities account card;

(3)

The identity certificate of the exerciser of certain specific right;

(4)

If the QFII empowers other people to exercise the shareholder’s rights, besides the above-mentioned documents, a power of attorney
signed by the authorized representative shall also be provided (If the QFII empowers foreign investors under its name to exercise
the shareholder’s rights, a corresponding explanation on the proportion of shares signed by the authorized representative of the
QFII shall also be provided).

14.

As a nominal holder, a QFII may, in light of the shares held by foreign investors under its name, make partial or divided vote.

15.

Each QFII may entrust 3 securities companies within the territory of China to undertake securities transactions respectively in Shanghai
Stock Exchange or Shenzhen Stock Exchange.

16.

The present Circular shall enter into force as of September 1, 2006.

Appendix:

1.

Application form for Qualified Foreign Institutional Investors

2.

The form of basic information of major principals

3.

Application form for Trustee of Qualified Foreign Institutional Investors

4.

Form of the Quarter Account of a Nominal Holder (Content and Format)

China Securities Regulatory Commission

August 24, 2006



 
China Securities Regulatory Commission
2006-08-24

 







CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT ISSUES CONCERNING DOMESTIC DESIGNATED FOREIGN EXCHANGE BANKS’ HANDLING THE BUSINESS OF SOUTH KOREAN WON CONVERSION ACCORDING TO QUOTED FOREIGN EXCHANGE RATES

Circular of the State Administration of Foreign Exchange on Relevant Issues concerning Domestic Designated Foreign Exchange Banks’
Handling the Business of South Korean Won Conversion according to Quoted Foreign Exchange Rates

Hui Fa [2006] No. 45
August 30, 2006

Branch Bureaus and Departments of Foreign Exchange Control of the State Administration of Foreign Exchange in all provinces, autonomous
regions, and municipalities directly under the Central Government, Branch Bureaus of the State Administration of Foreign Exchange
in the cities of Shenzhen, Dalian, Qingdao, Xiamen and Ningbo, and all Chinese-funded designated foreign exchange banks:

In order to promote the economic and trade contacts between China and South Korea, to regulate the conversion of South Korean Won,
and to safeguard the order in the foreign exchange market, and in accordance with the provisions in the Circular of the People’s
Bank of China on Further Improving the Administration of Trading Prices in the Inter-bank Foreign Exchange Market and Quoted Foreign
Exchange Rates of Designated Foreign Exchange Banks (Yin Fa [2005] No. 250), a circular is hereby given on relevant issues concerning
domestic banks’ handling the business of South Korean Won conversion according to quoted foreign exchange rates as follows:

Article 1

All designated foreign exchange banks may, in accordance with the development needs and risk management capacities of their own and,
decide themselves the handling of South Korean Won conversion according to quoted foreign exchange rates (including spot foreign
exchange and cash) for their clients.

Article 2

The State Administration of Foreign Exchange shall conduct an administration of record on designated foreign exchange banks’ handling
South Korean Won according to quoted foreign exchange rates. Policy-related banks and nationwide commercial banks, when handling
the business of South Korean Won conversion according to quoted foreign exchange rates, shall go through at the same time the formalities
of record at the State Administration of Foreign Exchange, to which the performances of this business shall be submitted within the
last 15 work days of each quarter. Urban commercial banks, rural commercial banks, rural cooperative financial institutions and foreign-funded
banks, when handling the business of South Korean Won conversion according to quoted foreign exchange rates, shall go through at
the same time the formalities of record at the local Branch Bureaus (Departments of Foreign Exchange Control) of the State Administration
of Foreign Exchange, and submit to them the performances of this business within the last 10 work days of each quarter.

Article 3

Designated foreign exchange banks may decide themselves the trading prices of South Korean Won (spot foreign exchange and cash) against
the Renminbi according to the quoted foreign exchange rates to their clients, and may also directly negotiate trading prices with
their clients.

Article 4

This Circular shall come into force as of the date of issuance. All Branch Bureaus, after receiving this Circular, shall immediately
transmit it to the urban commercial banks, rural commercial banks, rural cooperative financial institutions and foreign-funded banks
within the jurisdictions of their own.



 
State Administration of Foreign Exchange
2006-08-30

 







MEASURES FOR THE EXAMINATION OF SCIENCE AND TECHNOLOGY INNOVATION BY MINISTRY OF LAND AND RESOURCES (FOR TRIAL IMPLEMENTATION)

Circular of the Ministry of Land and Resources on Printing and Issuing Measures for the Examination of Science and Technology Innovation
by the Ministry of Land and Resources (for Trial Implementation)

Guo Tu Zi Fa [2006] No.199

The Departments of Land and Resources (Departments of Environment Resources, Departments of Land Resources, Bureaus of Land Resources
and Housing, and Bureaus of Land Resources for Housing) of all provinces, autonomous regions, municipalities directly under the Central
Government, Land and Resources Administrative Departments of cities specifically designated in state plan, the Land Department of
People’s Liberation Army, the Land and Resources Department of Xinjiang Production and Construction Corps, the Chinese Geological
Investigation Department, and other units directly under the State Council and all offices of the Ministry:

The Measures for the Examination of Science and Technology Innovation by Ministry of Land and Resources (for Trial Implementation)
have been examined and approved on the sixth administrative general meeting on August 25, 2006. Please implement after the printing
and issuing.

The Ministry of Land and Resources

September 5, 2006

Measures for the Examination of Science and Technology Innovation by Ministry of Land and Resources (for Trial Implementation)

Article 1

These Measures are formulated to follow the spirits of the Science and Technology Conference held by the Ministry of Land and Resources,
implement the strategy of ” invigorating the land through science and technology”, excellently accomplish the examination of various
special items in scientific and technological innovations and promote the standardization and systemization of management.

Article 2

The so-called “special items” in these Measures refers to the special projects organized by the Ministry of Land and Resources and
specially funded by the central finance.

Article 3

The scientific and technological innovations shall be examined in accordance with the Ministry of Land and Resources’ Medium and
Long Term Outline of Development Program for Science and Technology (2006-2020) (hereinafter called the Development Program) and
relevant special programs in order to strengthen the integral disposition of scientific and technological innovations, take the significant
ones as priorities into the special items, spread the adaptation of advanced and applicable techniques, promote the training of innovative
talents and the construction of research bases, and improve the ability of self-innovation in science and technology concerning land
and resources.

Article 4

The Ministry’s science and technology leading group shall lead and organize the examination, and the office for the Ministry’s science
and technology leading group (hereinafter called the office) shall be responsible for the specific matters.

Article 5

The office shall issue guidance for scientific and technological innovation projects in accordance with scientific and technological
programs and special programs, establishing a database for the scientific and technological innovations and renewing it according
to the annual focus of work.

Article 6

The guidance for scientific and technological innovation projects shall be compiled by the office, department and bureau for special
item management and performing entity, pointing out the fields and the directions which will enjoy priority in support and approval
from the program.

Article 7

Scientific and technological innovation projects shall support especially the solutions of significant scientific and technological
problems and the research, development and promotion of advanced and applicable techniques in the aspects such as the investigation
and assessment of land resources, the protection of arable land, the adjustment of land, the plan and utilization of land, the exploration
of oil, gasoline and other mineral resources, the appropriate utilization of mineral resources, the protection of mineral environment,
and the geological catastrophe forewarning, as well as the management rules and policy research on land and resources.

Article 8

The approval of the scientific and technological innovation projects shall follow the principles of combining production, study and
research and combining scientific research and investigation, which shall lead to the support especially for the projects closely
associated with the innovation base for talent training and key laboratories, and for the adaptation of significant fundamental theories
and the promotion of advanced and applicable techniques.

Article 9

The institutions directly under the Ministry may write proposals for the approval of scientific and technological innovation projects
independently or with the effort of research institutes, universities and enterprises and submit the proposals to the office.

Article 10

The office, together with the special item management department and performing entity, shall, in accordance with the principle of
openness, fairness and justness, organize an export panel to examine the submitted proposals for the approval of scientific and technological
innovation projects, choose the ones meeting the requirements of the application guidance and argument procedure, and bring them
into the database of scientific and technological innovation projects in the Ministry.

Article 11

The projects, which are listed in the database but are not scheduled in the current year, shall be rolled down to the next year for
selection. For those that need modification or cancellation, the entity submitting the project shall apply for modification or cancellation.

Article 12

The office shall participate in the formulation of special projects programming and annual plan, and be liable for the organization
of putting forward advice for the approval of significant scientific and technological innovation projects.

Article 13

By the end of every July, the office shall select from the database and recommend the proposed projects in the current year to the
leading group for examination.

Article 14

Each special item, when the annual working plan thereof is formulated, shall first arrange those projects approved by the leading
group, and actively support other important scientific and technological innovation projects according to the working requirements.

Article 15

The office shall participate in the argumentation and examination of the projects to be approved to the annual plan, formulating
opinions after the examination of scientific and technological innovation to be reported to the leading group for approval.

Article 16

The content of opinions after the examination of scientific and technologic innovation shall include:

(1)

a general comment on the improvement of special item work based on scientific and technologic advancement and innovation for the annual
plan;

(2)

the opinion after examination towards the precedence of some significant innovation projects approved by the leading group in the
annual plan;

(3)

the opinion after examination towards the adaptation of advanced and applicable projects and the elimination of outmoded techniques
in the annual plan;

(4)

the opinion after examination towards the connection between the innovation projects and talent training and construction of innovation
base in the annual plan;

(5)

the opinion for readjusting the disposition of innovation projects in the annual plan.

Article 17

Each special item shall refine its annual plan in accordance with the opinion after examination of scientific and technological innovation
approved by the leading group.

Article 18

The office, after the budget for special item is officially replied, shall compile the annual plan of Ministry of Land and Resources
for science and technology development, collecting the country’s scientific and technologic projects assumed by the unit directly
under the Ministry, the significant scientific and technological innovation projects arranged as the special items and other important
innovation projects, together with the significant innovation projects practiced by the provincial ministry of land and resources
and submitted for approval as special items, so as to master the general situation of scientific and technologic innovation projects
in the system of the country’s land and resources.

Article 19

The performance of significant scientific and technological innovation projects and the financial management thereof shall be implemented
in accordance with relevant stipulations in the special items.

Article 20

The office shall participate in the phase assessment and examination of significant scientific and technological innovation projects.
The assessment and examination shall be arranged by departments and bureaus for special item management and performing entities.

Article 21

The performing entity shall by the end of every November submit its description of performance of the scientific and technological
innovation project to the office who shall by the end of every December collectively report the general situation of scientific and
technological innovation to the leading group.

Article 22

The scientific and technological innovation projects which have been included into the Ministry of Land and Resources annual plan
for science and technology development shall bear the sign “the Ministry of Land and Resources Science and Technology Development
Plan” in their research findings, certificates and reports on the findings, and the ownership of the research findings shall be determined
in accordance with relevant stipulations of the country’s intellectual property protection.

Article 23

The office, jointly with the department and bureau for special item management, shall organize the acceptance examination of the
significant scientific and technological innovation projects whose research findings must be registered before the acceptance examination
in the office for research finding management in the Ministry.

Article 24

The significant scientific and technological innovation projects that have passed the acceptance examination may apply for the appraisal
of scientific and technological achievements in accordance with relevant regulations

Article 25

The Ministry’s competent authorities of science and technology shall, in accordance with the measures for rewarding formulated by
the country and the ministry, select from the registered research findings the projects to be rewarded by the Ministry and be recommended
for the country’s reward.

Article 26

The competent departments for land and resources of all provinces, autonomous regions and municipalities directly under the Central
Government may formulate corresponding administrative measures on the basis of these Measures.

Article 27

These Measures shall come into force on the day of promulgation.

Article 28

The Ministry of Land and Resources shall be liable for the interpretation of these Measures.



 
The Ministry of Land and Resources
2006-09-05

 







PROVISIONS FOR THE ADMINISTRATION OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA ON STATISTICS

Decree of the General Administration of Customs

No. 153

The Provisions for the Administration of the Customs of the People’s Republic of China on Statistics been deliberated and adopted
at the executive meeting of the General Administration of Customs on August 29, 2006. They are hereby promulgated and shall enter
into force as of November 11, 2006. The Statistical System of the Customs of the People’s Republic of China promulgated on November
21, 1994 shall be abolished therefrom.
Director Mou Xinsheng

September 12, 2006

Provisions for the Administration of the Customs of the People’s Republic of China on Statistics

Article 1

In order to regulate the customs statistics and guarantee the quality of statistical data the present Provisions are formulated under
the Customs Law of the People’s Republic of China, Regulation on Customs Statistics of the People’s Republic of China as well as
other relevant laws and administrative regulations.

Article 2

The present Provisions shall apply to the statistics performed in accordance with relevant laws by customshouses regarding import
and export trade in goods or the entry and exit of matters, or other relevant statistics concerning the import and export of goods
or the entry and exit of matters.

Article 3

Customs statistics shall abide by the principles of accuracy, timeliness, scientific integrity and international comparability.

Article 4

The customshouses shall perform statistical surveys in accordance with relevant laws, collect and inspect original customs declaration
materials submitted by the consignees and consignors of import and export goods or by their agents in a comprehensive manner, and
collect and sort out statistical data.

Article 5

The customshouses shall make statistical analysis on the data concerning import and export trade, and have investigation on the operational
characteristics, tendencies and rules of foreign trade.

The customshouses shall implement the instant monitoring on import and export trade and the dynamic early warning subject to the statistical
data on import and export trade and relevant data about macro economy at home and abroad.

Article 6

The customshouses shall implement statistical surveillance on the basis of customs statistical data, surveil the import and export
behaviors and processes of enterprises, perform analysis and evaluation on the customs law enforcement activities, and inspect and
correct the acts of misstating or concealing, forging or altering the statistics.

Any problem found or any suggestion brought forward by the statistical department of the customshouse shall be timely disposed of
by the relevant department or entity and a reply shall be rendered accordingly.

Article 7

The customshouse shall implement statistical consultancy services in accordance with relevant provisions of the State.

The customshouses shall offer paid consultancy services relating to the data and information on import and export trade excluding
comprehensive statistical materials that are publicized under law and provided at no charge.

Article 8

The coverage scope of customs statistics shall include the goods that actually enter or exit the territory and lead to the increase
or decrease of the stock of goods within the territory of China as well as the matters that shall be integrated into statistics in
accordance with relevant laws.

Article 9

The goods or matters that do not actually enter and exit the territory or that actually enter and exit the territory of China but
do not lead to the increase or decrease of the stock of goods within the territory of China shall not be included into customs statistics.

Article 10

The goods below shall not be included into customs statistics:

(1)

Transit goods, transshipment goods, and through goods;

(2)

The temporary import and export goods;

(3)

Currency and gold used as currency circulated in the international balance of payments;

(4)

Leased goods with a term of no more than one year;

(5)

Similar goods compensated without payment or changed by the consignee or consignor of import and export goods or the insurance company
due to spoiled or damages, shortage, low quality, or inconsistent with specifications;

(6)

Returned goods;

(7)

Import and export goods for the mutual trade between border inhabitants;

(8)

Aquatic products caught by Chinese ships on the high seas;

(9)

Fuel, materials or food replenished or loaded by Chinese ships or aircrafts within the territory of China; and the fuel, materials,
food and abandoned waste materials replenished or loaded by Chinese or foreign transport vehicles outside the territory of China;

(10)

Samples or advertising goods without commercial value;

(11)

Goods transferred between two special customs surveillance areas, or between two bonded surveillance areas, or between one special
customs surveillance area and one bonded surveillance area; and

(12)

Other goods that shall not be included into customs statistics.

Article 11

The following matters shall not be included into customs statistics:

(1)

Repairing items;

(2)

Salvage items;

(3)

Personal belongings (excluding the autos) of passengers entering and exiting the territory of China;

(4)

Public belongings that enters and exits the territory of China with embassies and consulates of China stationed in foreign countries
and those of foreign countries stationed in China, as well as the personal belongings for consulate personnel;

(5)

Public belongings that enters and exits the territory of China with the armies of China stationed in Hong Kong and Macao Special Administrative
Regions, as well as the personal belongings for the military personnel;

(6)

Other items that shall not be included into customs statistics.

Article 12

The customshouses may make single statistics of the goods and matters that shall not be incorporated into customs statistics in accordance
with the administrative requirements.

The quantity and amount of single statistics shall not be included into the total quantity and amount of customs statistics.

Article 13

The customshouses may adjust statistical items for the import and export goods and the matters entering and exiting the territory
of China according to the requirements for developing national economy and customs surveillance; and may make long-term or step-by-step
statistics of part of the statistical items for the import and export goods and the matters entering and exiting the territory of
China.

As regards the adjustment of statistical items, an announcement shall be publicized by the General Administration of Customs.

Article 14

The names and serial numbers of the goods in the customs statistical items shall be divided and made statistics subject to the names
and serial numbers of goods as stipulated in the Catalogue of Commodities under Customs Statistics of the People’s Republic of China.

The Catalogue of Commodities under Customs Statistics of the People’s Republic of China shall be promulgated by the General Administration
of Customs.

Article 15

As regards the quantity (weight) of import and export goods, the statistics shall be performed pursuant to the measure unit as described
in the Catalogue of Commodities under Customs Statistics of the People’s Republic of China.

If there is any second measure unit for the goods as prescribed in the Catalogue of Commodities under Customs Statistics of the People’s
Republic of China, the statistics of the second quantity (weight) of goods shall be performed according to the second measure unit.

Article 16

As regards the price of import and export goods, the statistics shall be implemented based on the tax-paid value as inspected and
approved by the customshouses.

The statistics of the price of import goods shall be carried out subject to the CIF Price (cost + insurance premium + freight), and
the statistics of the price of export goods shall be implemented subject to the FOB Price (free on board).

Article 17

As regards the price of import and export goods, the statistics shall be performed respectively in USD and RMB. In case of the price
of import and export goods calculated by any other foreign currency, the statistics shall be carried out by converting the said foreign
currency into the value of USD and RMB at the conversion rate of the said foreign currency against USD monthly publicized by the
State Administration of Foreign Exchange and the conversion rate of the Bank of China that is applied for tax collection by the customshouse.

Article 18

As regards the country (region) of origin, the statistics of the import goods shall be performed in accordance with the Regulations
of the People’s Republic of China on the Place of Origin of Import and Export Goods and other relevant provisions of the General
Administration of Customs.

If the country (region) of origin of the import goods is uncertain, the statistics shall be carried out under the item of country
unknown.

Article 19

As regards the final country (region) of destination, the statistics of the export goods shall be performed in accordance with the
known country (region) where the export goods are consumed, used or further processed and produced.

Where the export goods are not directly transited by a third country (region), their final country (region) of destination shall be
the country (region) to which the export goods are directly transported.

Where the export goods are transited by a third country (region), their final country (region) of destination shall be the country
(region) to which the export goods are finally transported.

If the final country (region) of destination of the export goods is uncertain, their statistics shall be implemented in accordance
with the final country (region) of shipment that can be predicted as possible when exporting.

Article 20

As regards the country (region) of shipment, the statistics of the import goods shall be performed in accordance with the country
(region) of shipment from where the goods are directly transported to China and without commercial transaction in the transit country
(region).

Where the directly transported goods are not transited by a third country (region), the country (region) of departure shall be the
country (region) in which the shipment port of the import goods is located.

Where the import and export goods are transited by a third country (region), if no commercial transaction occurs in the transit country
(region), the country (region) of dispatch of import goods shall be the country (region) of departure; if any commercial transaction
occurs in the transit country (region), the transit country (region) shall be the country (region) of departure.

Article 21

As regards the country (region) of destination, the statistics of the export goods shall be implemented according to the final country
(region) of destination under the circumstance provided that the export goods are transported from China directly to the final country
(region) of destination and without commercial transaction occurred in the transit country (region).

Where the directly transported goods are not transited by a third country (region), their country (region) of destination shall be
the country (region) in which the destination port of the export goods is located.

Where the import and export goods are transited by a third country (region), if no commercial transaction occurs in the transit country
(region), the final country (region) of destination of export goods shall be the country (region) of destination; and if any commercial
transaction occurs in the transit country (region), the transit country (region) shall be the country (region) of destination.

Article 22

As regards the destination of import goods within the territory of China, the statistics shall be performed subject to the place
where the import goods are consumed, used or finally transported within the territory of China, of which, the final place of destination
shall be the place in which the final using entity is located.

If the final using entity is difficult to be determined, the statistics shall be implemented according to the place of the final receiving
entity that can be predicted when the goods are imported.

Article 23

As regards the place of sources of export goods within the territory of China, the statistics shall be performed in accordance with
the producing area or the original place of delivery within the territory of China.

If the transport vehicles of export goods have been changed for many times, and it is difficult to determine their producing area
within the territory of China, the statistics shall be implemented according to the place in which the entity that firstly delivers
the export goods is located.

Article 24

The statistics of the business units shall be carried out pursuant to the legal persons, other organizations or individuals that
have been registered at the customshouse and that engage in the import and export trade within the territory of China.

With respect to the business units that have been registered at the customshouse and have the right to engage in import and export
trade, the customshouse making registration shall establish the nationally universal codes of business units for them.

The code of the business units shall be subject to the administration of the competent customshouse at the locality of business units.

Article 25

As regards the trade modes and goods under single statistics (see the Annexes) made by customshouses, the statistics shall be performed
separately in accordance with the trading modes adopted by the buyers and sellers of import and export goods and the requirements
of customs surveillance.

If the customshouse adjusts trading modes subject to the development of national economy or the requirements of customs surveillance,
an announcement shall be publicized by the General Administration of Customs.

Article 26

The statistics on the mode of transport shall be implemented according to the water transport, railway transport, road transport,
air transport and mail transport, or other modes.

For import goods, the statistics on the mode of transport shall be implemented subject to the modes by which the goods are transported
to the first port within the territory of China; and for export goods, the statistics on the mode of transport shall be implemented
subject to the modes by which the goods are transported away from the last port within the territory of China.

As regards the goods carried by passengers entering and exiting the territory, the statistics shall be performed in accordance with
the transport vehicles taken by the passengers.

As regards the import and export express goods by means of non-postal modes, the statistics shall be carried out according to actual
modes of transport.

As regards the goods that are transported by manual labor, animals labor, pipes, cables and conveyors, or other ways, the statistics
shall be performed according to other modes of transport.

Article 27

The statistics of import goods shall be implemented according to the date when the goods are discharged by the customshouse; and
the statistics on export goods shall be implemented according to the date of customs clearance.

The statistics of the import goods in transit shall be performed according to the date when the goods are discharged by the customshouse;
and the statistics of the export goods in transit shall be performed according to the date when the customshouse at the place of
departure makes clearance.

The monthly statements, annual statements and other statistical materials shall be collected and worked out on the basis of Gregorian
Calendar month and year.

Article 28

The statistics of import and export goods shall be implemented subject to the customshouses accepting the declaration of import and
export goods.

The statistics of import goods in transit shall be implemented according to the customshouses at the place of destination that accept
the declaration of goods; and the statistics of export goods in transit shall be implemented according to the customshouses at the
place of shipment that accept the declaration of goods.

Article 29

The original customs statistical materials shall comprise the Customs Declaration of the Customs of the People’s Republic of China
on the Import Goods, the Customs Declaration of the Customs of the People’s Republic of China on the Export Goods, the Filing Lists
of the Customs of the People’s Republic of China on the Import Goods Imported into Bonded Areas, the Filing Lists of the Customs
of the People’s Republic of China on the Export Goods into Exiting Bonded Areas, the Filing Lists of the Customs of the People’s
Republic of China on the Import Goods Imported into Export Processing Zones, the Filing Lists of the Customs of the People’s Republic
of China on the Export Goods into Exiting Export Processing Zones, other customs declaration documents, attached documents and relevant
electronic data.

The original paper materials about customs statistics shall be kept for three years as of the date when the surveillance of import
and export goods is released except for any special circumstance; and the electronic data about customs statistics shall be kept
for long term.

The General Statistical Department of the General Administration of Customs shall be responsible for the administration of the national
customs statistical materials; and the statistical departments of customshouse directly under the General Administration of Customs
shall be responsible for the administration of its customs statistical materials.

Article 30

The information of customs statistics shall be the relevant statistical information that is collected and sorted out from the original
customs statistical materials.

The customshouse shall publicize the statistical information to the general public at regular intervals, and declare the time for
publishing the monthly statements, annual statements and other statistical materials of the next year in December annually.

Article 31

The General Administration of Customs shall regularly offer relevant comprehensive statistical materials to the relevant departments
of the State Council at no charge. The customshouses directly under the General Administration of Customs shall regularly provide
relevant comprehensive statistical materials to relevant department of the people’s government of the local province, autonomous
region, or municipality directly under the Central Government at no charge.

The comprehensive customs statistical materials shall contain the items as follows:

(1)

Schedule of total import and export value of all the regions;

(2)

Schedule of total value of import and export goods by different trading modes;

(3)

Schedule of total import and export value by different countries (regions);

(4)

Schedule of import and export value by main commodities;

(5)

Schedule of total import and export value by different enterprises;

(6)

Schedule of total import and export value by different modes of transport; and

(7)

Analysis report that can reflect the general schedule of import and export, and the information concerning import and export monitoring
and early warning, etc.

Article 32

The statistical personnel of the customshouses shall be under the obligation to keep confidential to the state secrets, business
secrets and customs secrets that they have access to in the process of making statistics.

Article 33

No entity or individual may illegally sell any customs statistical materials or electronic customs statistical data without authorization
of the customshouse.

Article 34

The statistical department of the customshouse that have any question about the contents declared in the original statistical materials
may directly inquire to the concerned parties and verify the relevant contents, and the concerned parties shall reply on fact timely.

Where any statistical item that shall be declared according to law fails to be declared or the any false declaration affects the accuracy
of customs statistics, the concerned parties shall make correction as ordered by the customshouse in addition to the imposition of
punishments according to law.

Article 35

The statistical personnel of the customshouses shall observe the provisions as described by the Customs Law of the People’s Republic
of China and the Statistics Law of the People’s Republic of China, and shall not distort customs statistical materials or forge false
data by himself, participating or inciting others.

The statistical personnel of the customshouse have the right to reject, expose or curb the deliberate interference that affects the
impartiality or genuineness of customs statistics.

Article 36

If any statistician in the customshouse neglects his duties, abuse his official capacities or commits irregularities for personal
interests, he shall be given sanctions; and if a crime is constituted, he shall be investigated of criminal liability according to
law.

Article 37

If any item that shall be declared according to law fails to be declared or the any false declaration affects the accuracy of customs
statistics, the customshouse shall order the concerned party to make correction, and if it is necessary to give an administrative
sanction, the concerned party shall be given a punishment by the customshouse under the provisions in the Regulation for the Implementation
of the People’s Republic of China on Customs Administrative Sanctions.

Article 38

The present Provisions are subject to the interpretation of the General Administration of Customs.

Article 39

The present Provisions shall enter into force as of November 11, 2006. The Statistical System of the Customs of the People’s Republic
of China promulgated on November 21, 1994 shall be abolished therefrom.

Annexes:

1.

Trading Modes for Customs Statistics

2.

Goods under Single Statistics

Annex I:
Trading Modes for Customs Statistics

1.

General trade

2.

Gratuitous aid and donation of materials between countries or international organizations

3.

Donated materials

4.

Compensation trade

5.

Processing and assembling trade by customer’s materials

6.

Processing trade with imported materials

7.

Consignment trade

8.

Petty trade in the border areas

9.

Processing trade with imported equipment

10.

Export goods for contracted projects with foreign countries

11.

Leasing trade

12.

Import of equipment and materials as the investment of foreign-funded enterprise

13.

Processing trade with exported materials

14.

Barter trade

15.

Tax-free foreign exchange commodities

16.

Inbound and outbound storage of transit goods in bonded warehouses

17.

Inbound and outbound storage of transit in bonded areas

18.

Import equipment of export processing zones

19.

Others

Annex II:
Goods under Single Statistics

1.

Tax-free matters

2.

Re-import of refined oil originally exported for processing trade that is originally exported

3.

Domestic sales of goods that are processed with imported materials originally

4.

Domestic sales of goods that are processed with customers’ materials originally

5.

Domestic sales of equipment that are produced by processing trade originally

6.

Carryover of goods that are deeply processed with imported materials

7.

Carryover of goods that are deeply processed with customers’ materials

8.

Carryover of equipment after processing trade

9.

Carryover of remaining materials after the processing with imported materials

10.

Carryover of remaining leftover materials after the processing with customers’ materials

11.

Returned goods

12.

Re-export of materials and matters after the processing with imported materials

13.

Re-export of materials and matters after the processing with customers’ materials

14.

Returned equipment after processing trade

15.

Goods transported from bonded areas to non-bonded areas

16.

Goods transported from non-bonded areas to bonded areas

17.

Returned goods from bonded zones

18.

Domestic sales of goods that are stored in bonded warehouses originally

19.

Goods that are stored in export surveillance warehouses within the territory of China

20.

Returned goods from export surveillance warehouses

21.

Goods transported from export processing zones

22.

Goods transported into export processing zones

23.

Goods transported from bonded logistics parks

24.

Goods transported into bonded logistics parks

25.

Goods transported from bonded logistics centers (type A and B)

26.

Goods transported into bonded logistics centers (type A and B)

27.

Goods in transit

28.

Other goods that shall be subject to single statistics



 
The General Administration of Customs
2006-09-12

 







PROVISIONS ON THE MANAGEMENT OF IMPORT AND EXPORT OF PRECURSOR CHEMICALS

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

No. 7

Provisions on the Management of Import and Export of Precursor Chemicals has been discussion passed by the 5th ministry matter conference
of the Ministry of Commerce May, 17. 2006, and is promulgated now, and goes to effect 30 days from its promulgation.
Minister of the Ministry of Commerce, Bo Xilai

Sept. 21, 2006

PROVISIONS ON THE MANAGEMENT OF IMPORT AND EXPORT OF PRECURSOR CHEMICALS
Chapter I General provisions

Article 1

Pursuant to stipulations in the Foreign Trade Law of the People’s Republic of China, the Regulation on the Administration of Precursor
Chemicals, and other relevant laws and administrative regulations, these provisions are hereby formulated to strengthen management
of import and export of precursor chemicals and prevent them getting in the illegal drug making channel.

Article 2

Precursor chemicals in these provisions refer to main raw materials and chemicals that can be used for drug making listed in the
Regulation on the Administration of Precursor Chemicals appendix. Catalogue is seen in Appendix.

Article 3

The State shall implement a license control management system over the import and export of precursor chemicals. To import or export
precursor chemicals in any form shall apply for the license.

Article 4

The Ministry of Commerce shall take charge of management of import and export of precursor chemicals in the whole of China. Other
departments of the State Council shall take charge of relevant management within their own responsibility.

The foreign trade and economic cooperation bureaus at the provincial, autonomous regional and municipal level and in cities separately
listed in State budgets (hereinafter referred to as provincial bureaus) shall take charge of management of import and export of precursor
chemicals in their respective regions, and shall, commissioned by the Ministry of Commerce, take charge of the elementary examination
and approval of license of import and export of precursor chemicals in their respective regions.

Local bureaus upwards county level shall take charge of the supervision and inspection over import and export of precursor chemicals
in their respective regions.

Article 5

Import and export of precursor chemicals through foreign communication, exchange, cooperation, transference, assistance, service,
etc shall apply for the import (export) license according to these provisions.

Article 6

Dealers engaged in the import and export of precursor chemicals (hereinafter referred to as dealers) import and export precursor
chemicals in processing trade or their finished products and byproducts by processing are precursor chemicals that need to sell in
domestic market, corresponding license of import (export) shall be got firstly according to these provisions, based on which to handle
with relevant procedures.

Article 7

Provided that there are precursor chemicals in the mixtures, dealers shall convert the amount of precursor chemicals and files applications
to import (export) license, except for the compounding medicine preparations with precursor chemicals.

Article 8

Import and export of precursor chemicals samples shall file application to import (export) license according to these provisions.

Article 9

Trans-boundary, transit transportation, passing-by transportation of precursor chemicals shall file application to import (export)
license according to these provisions.

Article 10

Precursor chemicals imported and exported between overseas and custom special supervised areas and tariff free sites as tariff free
zone, export processing zone, etc shall file application to import (export) license according to these provisions.

Precursor chemicals imported and exported between home and custom special supervised areas and tariff free sites as tariff free zone,
export processing zone, etc, or between the above custom special supervised areas and tariff free sites, need not file application
to import (export) license.

Article 11

Dealers shall declare to custom according to the facts and submit import (export) when import and export precursor chemicals. Custom
goes through customs formalities, examination and clearance based on the license. The dealers importing of precursor chemicals of
pharmaceutical in the 1st catalogue shall also submit import of pharmaceutical going through customs formalities produced by the
food and pharmaceutical supervision and management department.

Article 12

Any person entries and exits who takes precursor chemicals medicine preparations and potassium permanganate listed in the 1st catalogue
of the Ordinance on Precursor Chemical Management shall take them for self-use and within a reasonable amount limit, and be supervised
by the custom.

Any person entries and exits cannot take precursor chemicals not in the preceding provision.

Article 13

The State shall implement international check and examination to import and export of part of precursor chemicals. The management
measure is to be constituted else.

Article 14

Ephedrine and others within the shall only be imported and exported by enterprises checked and ratified by the Ministry of Commerce,
together with the relevant departments under the State Council. The management measure is to be constituted else.

Chapter II Application and examination of import and export license

Article 15

Dealers who apply for importing and exporting of precursor chemicals shall fill out the “Application Form for Importing (Exporting)
Precursor Chemicals” according to the facts, accurately, and fully via e-government platform of dual-use matter and technology import
and export management of the Ministry of Commerce, and submit e-data.

Article 16

Provincial bureaus shall examine the import and export application e-data within 3 days from the day on which they receive the data.
Where the dealers conform to the requirements, the bureaus shall inform them online to submit written materials. Where the dealers
do not conform to the requirements, the bureaus shall account for the reasons online and return the data to the dealers who have
to re-apply.

Article 17

After receiving the notice to submit written materials, the dealers shall submit the written materials to provincial bureaus as follows:

(1)

the original copy of “Application Form for Importing (Exporting) Precursor Chemicals” signed by the dealer and covered with the seal
of the enterprise.

(2)

the duplicate of the Registration Form for Foreign Trade Dealers;

(3)

the duplicate of the copy of Business License;

(4)

License of Precursor Chemicals production, operation, and purchase or registration evidence;

(5)

the duplicate of Import or Export Contract (Agreement);

(6)

the duplicate of ID evidence for the one whom acts

Dealers shall also submit the import permit (duplicate) or lawful guaranty letter for use (original) issued by competent governmental
department of the import country when applying for license of exporting precursor chemicals.

Where the written materials are incomplete or inconsistent with the statutory form, provincial bureaus shall inform the dealer all
that need to be redressed within 5 days from the day on which the materials are received. If the bureaus fail to give a reply after
the expiry, the application may be deemed to be accepted on the day the materials are received.

Article 18

For the import and export application for precursor chemicals in the 3rd import and export catalogue that need no international check,
provincial bureaus shall examine the written materials and e-data the dealer submitted within 5 days from the day on which the complete
and eligible written materials are received, and decide whether to issue the license or not.

Where the license is approved, provincial bureaus shall, within the above expiry, issue the “List of Official Reply on Import (Export)
Dual-Use Items and Technologies”, and submit the e-data to the Ministry of Commerce for recording. Where the license is disapproved,
provincial bureaus shall inform the dealer in writing and account for the disapproval.

Article 19

For the import and export application for precursor chemicals in the 1st, 2nd catalogues and in the 3rd that need international check,
provincial bureaus shall handle the elementary examination within 3 days from which the complete and eligible written materials are
received.

For the application for precursor chemicals in the 1st, 2nd catalogues that have gone through the elementary examination, provincial
bureaus shall turn over the e-data to the Ministry of Commerce. For the precursor chemicals that need international check that have
gone through the elementary examination, provincial bureaus shall turn over the written materials and e-data to the Ministry of Commerce.

Article 20

For the import and export application for precursor chemicals in the 1st, 2nd catalogues that need no international check, the Ministry
of Commerce shall examine within 8 days from the day on which the e-date provincial bureaus turned over are received, decide whether
the license is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” within 2 days from the day on which the
decision on license approval. Where the license is disapproved, provincial bureaus shall inform the dealer in writing and account
for the disapproval.

Article 21

For the import application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 8
days from the day on which the e-date and written materials provincial bureaus turned over are received, decide whether the license
is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” within 2 days from the day on which the
decision on license approval. Where the license is disapproved, provincial bureaus shall inform the dealer in writing and account
for the disapproval.

To meet the international check requirement by the competent governmental department of precursor chemicals export country or region,
the Ministry of Commerce shall, with the Ministry of Public Security, check the relevant matters of precursor chemicals the dealer
imports.

Article 22

For the export application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 5
days from the day on which the written materials and e-date provincial bureaus turned over are received. Where the application is
consistent with the statutory form, the Ministry of Commerce will handle the check.

The Ministry of Commerce shall make the decision on whether to approve or not and inform the provincial bureaus. Where the application
is approved, provincial bureaus shall issue the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” within
2 days from the day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall inform
the dealer in writing and account for the disapproval.

The time for international check is not counted within the above expiry.

Article 23

For the import application for pharmaceutical precursor chemicals in the 1stcatalogue, the Ministry of Commerce shall ask for the
approval from the food and pharmaceutical supervision and management department under the State Council.

For the export application for pharmaceutical precursor chemicals in the 1stcatalogue, if the purchasing license is required after
getting the export license, the dealer shall apply for the purchasing license to the provincial food and pharmaceutical supervision
and management bureaus.

Article 24

During the examination of precursor chemicals import and export license, the Ministry of Commerce may field check the substantial
contents of the application materials.

Article 25

Dealers may inquire the relevant process and result of the application via the e-government platform of dual-use matter and technology
import and export management of the Ministry of Commerce.

Article 26

Dealers shall apply for receiving the Import and Export License of Dual-Use Items and Technologies with the List of Official Reply
on Import and Export of Precursor Chemicals in accordance with the Management Measure on Import and Export License of Dual-Use Items
and Technologies and relevant regulations.

Chapter III Foreign-funded enterprise import and export license application and examination

Article 27

Foreign-funded enterprises who apply for importing and exporting of precursor chemicals shall fill out the “Foreign-Funded Enterprises
Application Form for Importing (Exporting) Precursor Chemicals” according to the facts, accurately, and fully via foreign-funded
enterprise import and export management network, and submit e-data. If the application form is filled out not via the network, provincial
bureaus shall input the information into the above network according to the standard.

Article 28

Provincial bureaus shall examine the import and export application e-data within 3 days from the day on which they receive the data.
Where the foreign-funded enterprises conform to the requirements, the bureaus shall inform them online to submit written materials.
Where the enterprises do not conform to the requirements, the bureaus shall account for the reasons online and return the data to
the dealers who have to re-apply.

Article 29

After receiving the notice to submit written materials, the foreign-funded enterprises shall submit the written materials to provincial
bureaus as follows:

(1)

the original copy of “Foreign-Funded Enterprise Application Form for Importing (Exporting) Precursor Chemicals” signed by the dealer
and covered with the seal of the enterprise.

(2)

the Authorized Certificate (duplicate) marked with United Annual Inspection Passed;

(3)

the duplicate of the copy of Business License;

(4)

the provincial bureau’s approval document of such enterprise’s establishment, and the contract of joint venture or Charter, and capital
examination report;

(5)

License of Precursor Chemicals production, operation, and purchase or registration evidence;

(6)

the duplicate of Import or Export Contract (Agreement);

(7)

the duplicate of ID evidence for the one whom acts

Foreign-funded enterprises shall also submit the import permit (duplicate) or lawful guaranty letter for use (original) issued by
competent governmental department of the import country when applying for license of exporting precursor chemicals.

Foreign-funded enterprises shall also submit the report on applying for importing precursor chemicals, including the enterprise’s
account for its supervision methods, and guaranty letter for not using precursor chemicals to make illegal drugs.

Where the provincial bureaus hold doubts to materials required in this article, they may require foreign-funded enterprises to submit
original copies of the above materials to inspect.

Where the written materials are incomplete or inconsistent with the statutory form, provincial bureaus shall inform the enterprise
all that need to be redressed within 5 days from the day on which the materials are received. If the bureaus fail to give a reply
after the expiry, the application may be deemed to be accepted on the day the materials are received.

Article 30

For the import and export application for precursor chemicals in the 3rd import and export catalogue that need no international check,
provincial bureaus shall examine the written materials and e-data the foreign-funded enterprises submitted within 5 days from the
day on which the complete and eligible written materials are received, and decide whether to issue the license or not.

Where the license is approved, provincial bureaus shall, within the above expiry, issue the “List of Official Reply on Import (Export)
Dual-Use Items and Technologies”, and submit the e-data to the Ministry of Commerce for recording. Where the license is disapproved,
provincial bureaus shall inform the foreign-funded enterpriser in writing and account for the disapproval.

Article 31

For the import and export application for precursor chemicals in the 1st, 2nd catalogues and in the 3rd that need international check,
provincial bureaus shall handle the elementary examination within 3 days from which the complete and eligible written materials are
received.

For the application for precursor chemicals in the 1st, 2nd catalogues that have gone through the elementary examination, provincial
bureaus shall turn over the e-data to the Ministry of Commerce. For the precursor chemicals that need international check that have
gone through the elementary examination, provincial bureaus shall turn over the written materials and e-data to the Ministry of Commerce.

Article 32

For the import application for precursor chemicals in the 1st, 2nd catalogues that need no international check, the Ministry of Commerce
shall examine within 8 days from the day on which the e-date provincial bureaus turned over are received, decide whether the license
is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals” within 2 days from the
day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall inform the foreign-funded
enterprise in writing and account for the disapproval.

Article 33

For the export application for precursor chemicals in the 1st, 2nd catalogues that need no international check, the Ministry of Commerce
shall examine within 10 days from the day on which the e-date and written materials provincial bureaus turned over are received,
decide whether the license is approved or not, and inform the provincial bureaus. Where the import and export application is approved
by the Ministry of Commerce according to the preceding paragraph, provincial bureaus shall issue the “List of Official Reply on Foreign-Funded
Enterprise Import (Export) Precursor Chemicals” within the above expiry. Where the license is disapproved, provincial bureaus shall
inform the foreign-funded enterprise in writing and account for the disapproval.

Article 34

For the import application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 8
days from the day on which the e-date and written materials provincial bureaus turned over are received, decide whether the license
is approved or not, and inform the provincial bureaus.

Where the import and export application is approved by the Ministry of Commerce according to the preceding paragraph, provincial bureaus
shall issue the “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals” within 2 days from the
day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall inform the foreign-funded
enterprise in writing and account for the disapproval.

To meet the international check requirement by the competent governmental department of precursor chemicals export country or region,
the Ministry of Commerce shall, with the Ministry of Public Security, check the relevant matters of precursor chemicals the foreign-funded
enterprise imports.

Article 35

For the export application for precursor chemicals that need international check, the Ministry of Commerce shall examine within 5
days from the day on which the written materials and e-date provincial bureaus turned over are received. Where the application is
consistent with the statutory form, the Ministry of Commerce will handle the check.

The Ministry of Commerce shall make the decision on whether to approve or not and inform the provincial bureaus. Where the application
is approved, provincial bureaus shall issue the “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals”
within 5 days from the day on which the decision on license approval. Where the license is disapproved, provincial bureaus shall
inform the dealer in writing and account for the disapproval.

The time for international check is not counted within the above expiry.

Article 36

For the import application for pharmaceutical precursor chemicals in the 1stcatalogue, the Ministry of Commerce shall ask for the
approval from the food and pharmaceutical supervision and management department under the State Council.

For the export application for pharmaceutical precursor chemicals in the 1stcatalogue, if the purchasing license is required after
getting the export license, the foreign-funded enterprise shall apply for the purchasing license to the provincial food and pharmaceutical
supervision and management bureaus.

Article 37

During the examination of foreign-funded enterprise precursor chemicals import and export license, the Ministry of Commerce may field
check the substantial contents of the application materials.

Article 38

The “List of Official Reply on Foreign-Funded Enterprise Import (Export) Precursor Chemicals” shall be covered with the seal of provincial
bureau.

Article 39

Foreign-Funded Enterprises may inquire the relevant process and result of the application via the Foreign-Funded Enterprise Import
and Export Management Network.

Article 40

Dealers shall apply for receiving the Import and Export License of Dual-Use Items and Technologies with the List of Official Reply
on Foreign-Funded Enterprise Import (Export) Precursor Chemicals in accordance with the Management Measure on Import and Export License
of Dual-Use Items and Technologies and relevant regulations.

Chapter IV Supervision and inspection

Article 41

Commercial authorities above the county level shall strictly performance the supervision and inspection responsibility for local
precursor chemicals import and export in accordance with these provisions and other relevant laws and regulations, check and punish
the illegal actions according to law.

Article 42

When supervising and inspecting the dealers, commercial authorities above the county level may inspect the field, check and copy
relevant materials, record relevant information, detain correlative evidence and articles, and when necessary, may close down the
relevant site temporarily.

Relevant unit and individual shall timely provide the relevant information, materials and articles according to the facts, and cannot
reject or hide the facts.

Article 43

The unit where precursor chemicals in import and export are lost, stolen, or robbed shall immediately report to local public security
organ and commercial authorities. The commercial authority received the report shall report to the upper authorities level-by-level,
and cooperate with the public security organ to spy.

Article 44

Dealers shall build a sound internal management system of precursor chemicals import and export, and a sound file management of precursor
chemicals import and export with which the files shall keep for inspection for at least 2 years. A person or persons shall specially
assigned for the work related to precursor chemicals import and export.

Article 45

when dealers know or shall know, or are informed by the provincial bureaus that the precursor chemicals planned to import or export
may flow into illegal channel, they shall terminate the contract performance in time, and report to relevant commercial authority.

Provided that dealers violates these provisions or the precursor chemicals planned to import or export have risk of being used to
make illegal drugs, the Ministry of Commerce or provincial bureaus may annul the Import (Export) License issued. Dealers shall take
measures to stop the relevant transaction.

Article 46

Dealers shall, before Mar. 31 each year, report to provincial bureaus and local public security organ their precursor chemicals import
or export in the previous year.

The dealers importing and exporting PRECURSOR CHEMICALS of pharmaceutical shall also report their import and export of pharmaceutical
precursor chemicals to the local food and pharmaceutical supervision and management department. Provincial bureaus shall collect
the precursor chemicals import or export within their local administrative area and report to the Ministry of Commerce.

The conditional dealers may build computer network with provincial bureaus so that to report the relevant import and export in time.

Chapter V Legal liability

Article 47

If the dealer imports and exports precursor chemicals without license or extending the license, or violating the Article 12 of these
provisions, the customs shall handle and punish according to the relevant laws and regulations. If the violation constitutes a crime,
they shall be subject to criminal responsibilities.

Article 48

If the dealer violates these provisions and with one of the following actions, the Ministry of Commerce may warn, order to correct
in limited time, and sentence a fine of 10,000 to 50,000:

(1)

Dealer not to build a sound internal management system according to these provisions;

(2)

to lend its import and export license to others;

(3)

not to report in time when precursor chemicals are lost, stolen, and robbed during the import and export and results to serious consequences.

Article 49

If the dealer violates Article 45 , 46 of these provisions, the Ministry of Commerce may warn, charge to correct in limited time,
and sentence a fine of less than 30,000.

Article 50

Dealers or individual who reject the supervision and inspection by provincial bureaus, the Ministry of Commerce may order to correct,
and give warning to the liable person in charge and other directly liable persons. In serious situation, the unit shall be sentenced
a fine of 10,000 to 50,000, and the liable person in charge and other directly liable persons shall be sentenced a fine of 1,000
to 5,000.

Article 51

From the day on which the relevant administrative punishment decision or the criminal punishment verdict goes into effect, the Ministry
of Commerce may not accept the law violator’s application for license of within 3 years, or may prohibit the law violator to engage
in relevant business of import and export precursor chemicals within a time limit of 1 to 3 years.

Article 52

Where the staffer in provincial bureaus abuses his powers, neglects his duties, and practices favoritism and fraudulence in import
and export precursor chemicals management, administrative sanction shall be imposed, and if a crime is constituted, he shall be subject
to criminal liabilities in accordance with the law.

Chapter VI Supplementary Provisions

Article 53

the “List of Official Reply on Import (Export) Dual-Use Items and Technologies” and the “List of Official Reply on Foreign-Funded
Enterprise Import (Export) Precursor Chemicals” are printed with a pattern regulated and supervised by the Ministry of Commerce.

Article 54

Where Interim Provisions on the Administration of the Export of Precursor Chemicals to Particular Countries (Regions) is inconsistent
with these provisions, the Interim provisions are to abide.

Article 55

These provisions shall come into force 30 days after the promulgation. The former Provisions on the Management of Import and Export
of Precursor Chemicals (former MOFTEC, 1999, No. 4 Order), Notice of Ministry of Foreign Trade Economic Cooperation on “Foreign-Funded
Enterprise Precursor Chemicals Import and Export Approval Principles and Procedure” (1997, MOFTEC, 3rd Letter Zi, No. 197 ) are repealed
at the same time.



 
The Ministry of Commerce
2006-09-21

 







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...