Constitution

INTERIM PROVISIONS ON PREVENTING THE ACTS OF PRICE MONOPOLY

The State Development and Reform Commission

Decree of the State Development and Reform Commission of the People’s Republic of China

No.3

The Interim Provisions on Preventing the Acts of Price Monopoly are formulated in accordance with the Price Law of the People’s Republic
of China, which have been adopted at the executive meeting of the directors of the State Development and Reform Commission, and as
promulgated, it shall enter into force as of November 1, 2003.

Director of the State Development and Reform Commission Ma Kai

June 18, 2003

Interim Provisions on Preventing the Acts of Price Monopoly

Article 1

In order to prevent acts of price monopoly, to promote fair competition and to protect the legal rights and interests of the operators
and consumers, the Provisions have been formulated in accordance with the Price Law of the People’s Republic of China (hereinafter
referred to as the Price Law).

Article 2

The “acts of price monopoly” herein refer to the acts that by means of collusion or abuse of the market predominance, the operators
control the market prices, disturb the normal production and operation order, impair the legal rights and interests of the other
operators and consumers, or harm the interests of the public.

Article 3

The determination of market predominance shall be mainly based on the market shares of the operators in the relevant markets, the
substitutability of the commodities and difficulty of the new competitors to enter into the market.

Article 4

Operators shall not conduct any of the following acts of price monopoly through agreements, decisions or coordination:

(1)

Uniformly determining, maintaining or changing prices;

(2)

Controlling prices by limiting the production or supply quantities;

(3)

Controlling prices in bid invitation and bid tendering, or auction;

(4)

Other acts of controlling prices.

Article 5

An operator shall not rely on its market predominance to compulsorily define the resale price when supplying commodities to its distributors.

Article 6

No business operator may rely on its market predominance to seek sudden huge profits in violation of the laws and regulations of the
state.

Article 7

No business operator may rely on the market predominance to anti-dump commodities at the price lower than the costs for the purposes
of supplanting and impairing their competitors; or to make the actual sales prices lower the costs of the commodities themselves
by means of lowering the prices under the disguises of kickbacks, subsidies and donations.

Article 8

No operator may, when providing same commodities or services, rely on its market predominance to treat the same transaction objects
differently in the aspect of transaction price.

Article 9

Whether an operator has any of the acts of price monopoly listed in the Provisions or not, it shall be subject to the determination
of the administrative department for price of the government.

Article 10

Where an operator has any of the acts of monopoly as described in the present Provisions, it shall be punished by the administrative
departments for price of the government in accordance with Article 40 of the Price Law and Article 4 of the Administrative Punishments
on the Illegal Price Acts.

Article 11

Where it is otherwise provided for in any other regulation or ministerial rule regarding the punishment for the acts as described
in Articles 6 and 7 of the Provisions or the state organ for imposing punishments, the provisions of such regulations and ministerial
rules may apply.

Article 12

The government and its subordinate departments shall protect the operator’s rights in lawfully setting prices at their own will, and
shall not illegally interfere with the market prices.

Article 13

The government encourages all kind of organizations and individuals to supervise the acts of price monopoly. The administrative departments
for price of the government may give awards to the informers of the acts of price monopoly and shall keep the informers confidential.

Article 14

Trade associations shall strengthen self-regulation on price, and may not engage in any act in violation of the Provisions.

Article 15

The power to interpret the present Provisions shall remain with the State Development and Reform Commission.

Article 16

The Provisions shall enter into force as of November 1, 2003.



 
The State Development and Reform Commission
2003-06-18

 







NOTICE OF THE SUPREME PEOPLE’S COURT ON STRICTLY PROHIBITING THE RANDOM STOP PAYMENT FOR LETTERS OF CREDIT

the Supreme People’s Court

Notice of the Supreme People’s Court on Strictly Prohibiting the Random Stop Payment for Letters of Credit

Fa [2003] No.103

July 16, 2003

The higher people’s courts of all provinces, autonomous regions and municipalities directly under the Central Government, the intermediate
people’s courts that accept and hear foreign commercial cases, and all admiralty courts:

This steel price has witnessed a sharp decrease in the international market since this year. Consequently, the price of some of domestic
steel products tends to decrease with it. The shrinking of the margin between the price in domestic market and the import cost has
directly affected the interests of the steel importers. Therefore, some importers requested the banks to refuse payment on account
of inconsistency between bills of documents, or applied to the court for order of stop payment for letters of credit under some farfetched
pretexts such as fraud. Some courts randomly ordered stop payment for letters of credit, which has resulted in adverse influence
abroad. With the view to maintaining the international status of the courts and the banks of China, the relevant regulations are
notified hereby as follows.

1.

The principle of independence of letters of credit shall be strictly abided by. The letter of credit falls within document transaction
independent from the underlying transaction. As long as the documents provided by the beneficiary apparently accord with the requirements
of the letter of credit, the issuing bank is obligated to pay within the specified time limit. Since the letter of credit and the
underlying transaction belong to different legal relations, the court is not allowed generally to order stop payment for the letter
of credit issued by the issuing bank simply because of disputes resulting from the basic transaction.

2.

The conditions of application of the principle of exception of fraud on letters of credit shall be strictly adhered to. Only when
there are sufficient evidences to prove the fraud through letters of credit and the bank has not yet paid in a reasonable period,
the people’s court may order stop payment in the light of the request of the applicants and on condition that they provide guarantee.
However, if the letter of credit has been accepted and transferred, or the payment has been negotiated, the court shall not order
stop payment.

The people’s courts at all levels shall think much of the order of stop payment for letters of credit. Random order of stop payment
under unqualified conditions is prohibited. And the relevant people’s courts shall immediately make correction to the stop payment
order that has been improperly awarded.

It is hereby notified.



 
the Supreme People’s Court
2003-07-16

 







WORK SCHEME FOR ASSET VERIFICATION OF CENTRAL ENTERPRISES

Circular of the State-owned Asset Supervision and Administration Commission of the State Council on Printing and Distributing the
Work Scheme for Asset Verification of Central Enterprises

Guo Zi Ping Jia [2003] No.58

Each central enterprise,

With a view to finding out the asset status of central enterprises, verifying the asset quality of central enterprises, promoting
enterprises to implement the Enterprise Accounting System, and well making the outstanding achievement assessment, performance evaluation
and maintenance and increment of state-owned capital of the enterprises, this Commission has decided to organize central enterprises
to make asset verification in a planned way as of September 2003. The Work Scheme for Asset Verification of Central Enterprises is
hereby printed and distributed to you, please earnestly execute and implement it in light of the actualities of your respective enterprises
and timely report the related situations and problems faced in the work.

The State-owned Asset Supervision and Administration Commission of the State Council

September 2, 2003

Work Scheme for Asset Verification of Central Enterprises

For the purpose of meeting the needs of the reform on state-owned economy administration system and the supervision and administration
on state-owned assets of China, earnestly implementing the Interim Regulation on the Supervision and Administration over State-owned
Assets of Enterprises, finding out the asset status of central enterprises, verifying the asset quality of central enterprises, and
creating conditions for central enterprises to execute the Enterprise Accounting System and to well make outstanding achievement
assessment, performance evaluation and maintenance and increment of state-owned capital of enterprises, the State-owned Assets Supervision
and Administration Commission (hereinafter referred to as the SASAC) has decided to organize the central enterprises to carry out
asset verification on a phased basis as of September of 2003.

1.

Objectives of the asset verification

(1)

To comprehensively find out the asset status of central enterprises, to faithfully uncover the conflicts and problems existing in
enterprises, to truthfully and completely reflect the asset status, financial status and business achievements of enterprises and
to enhance the quality of the accounting information of enterprises.

(2)

To comprehensively check and verify the asset losses of central enterprises and cope with the losses in light of the policies of the
state on asset verification, to promote enterprises to solve the problems that remain unsettled due to historical reasons, and to
create conditions for the implementation of the Enterprise Accounting System.

(3)

Through asset verification on public institutions affiliated to the central enterprises, to verify the status on asset and rights
and interests of the public institutions, to regulate the accounting and financial reporting system of the enterprises, and to promote
the real reflection of the business strength of the enterprises.

(4)

To comprehensively check and verify the various kinds of assets, debts and ownership rights of overseas subsidiaries affiliated to
the central enterprises, to regulate the financial supervision and administration and the financial reporting system of overseas
enterprises, and to promote and intensify the supervision and administration on overseas state-owned assets.

2.

Arrangements for the asset verification

With a view to co-operating the central enterprises to implement the Enterprise Accounting System, the asset verification of central
enterprises, under the control of the SASAC, shall start from September 2003. The major tasks of asset verification shall be finished
within 5 months respectively and the whole work shall be completed on October 10, 2004. The work shall be carried out in phases as
follows,

(1)

Prophase Preparation (Form June to August in 2003). Based on the investigation and queuing of the central enterprises, the phased
work plan for asset verification of central enterprises shall be proposed, the Work Scheme for Asset Verification of Central Enterprises,
the Measures for Asset Verification of State-owned Enterprises and the related supporting systems shall be formulated, and the work
documents, statements and software shall be distributed to lower departments.

(2)

Work Arrangement (At the beginning of September, 2003). Arrangements for asset verification of central enterprises shall be made,
leading organizations and work agencies shall be determined, and tasks of asset verification shall be set forth. The central enterprises
shall determine or establish corresponding organizations or work agencies, formulate feasible work schemes and organize and carry
out mobilization.

(3)

Training (September 2003). It has been planned to arrange for 2 trainings on asset verification of central enterprises to train the
verification work staff, concretely explain the policies, systems and measures for asset verification and the statements and software
of asset verification.

(4)

Organization and Implementation. The central enterprises shall be organized to conduct asset verification in groups, to comprehensively
fulfill such major tasks as financial clearance, assets check and data assembling and reporting, etc., and the whole work shall be
completed by October 2004.

3.

Time for asset verification

With a view to guaranteeing the smooth progress of various work of asset verification of central enterprises, the asset verification
of central enterprises shall be organized and carried out on a phased basis and in groups, in light of the actualities of the enterprises
and the master arrangement of the state on the execution of the Enterprise Accounting System. The specific arrangements are as follows:

(1)

The related central enterprises that have applied for or started the execution of the Enterprise Accounting System before 2002 shall,
in light of the related e requirements of the Ministry of Finance, carry out the related capital verification and directly report
the results to the SASAC on the handling of the asset losses, and may be exempted from further asset verification.

(2)

As for the central enterprises applying for executing the Enterprise Accounting System in 2003, the time of the major work of asset
verification is from September to December in 2003. The starting point for asset verification shall be December 31, 2002, and the
whole work shall be completed before the end of March 2004.

(3)

As for the central enterprises applying for executing the Enterprise Accounting System in 2004 or 2005, the time for the major work
of asset verification shall be January through June of 2004. The starting point for asset verification shall be December 31, 2003,
and the whole work shall be completed before the end of October 2004.

(4)

Separate arrangements for asset verification shall be made for the Chinese-funded enterprises whose head offices are in Hong Kong
and Macao and other enterprises under special circumstances.

4.

Contents of asset verification

(1)

Financial clearance, which refers to, based on the start point for asset verification, making comprehensive checkup and clearance
of the various kinds of accounts, accounting vouchers, and accounting books of the parent companies and their affiliated enterprise
or public institutions, and the information on the internal capital transactions and borrowings within the enterprises, and thus
to make the accounts consistent with each other, the accounts consistent with the vouchers, and the accounts consistent with the
statements.

(2)

Assets checkup, which refers to making comprehensive clearance, checkup and verification of the various assets of the enterprises.
Emphasis shall be attached to the checkup of the various kinds of receivable and prepaid accounts, external investments and off-book
assets, and the check of related mortgages and guarantees of the enterprises.

(3)

Value re-evaluation, which refers to re-evaluating, according to the methods and standards of the state, the major fixed assets and
current assets of the enterprise that deviate from the book value and actual value to a considerably large extent.

(4)

Determination of gains and losses, which refers to determining the various kinds of asset gains and losses and the on account funds
reported by the enterprises according to the policies on asset verification and the related financial accounting systems of the state,
and making determination for the estimated losses for execution of the Enterprise Accounting System.

(5)

Capital verification, which refers to, in light of the results of asset verification, such as asset surplus, asset losses, on account
funs and so on reported by the enterprises, organizing the examination and granting approval to the financial treatment in accordance
with the policies on asset verification and the related financial accounting systems of the state, and re-determining the amount
of state-owned capital that are actually occupied by enterprises.

(6)

Improving system, which refers to that an enterprise shall, after finishing the asset verification, carefully analyze the problems
existing in the daily management of assets and finance, bring forward corresponding rectification measures and the implementation
plans for the Enterprise Accounting System, gradually improve and perfect all kinds of rules and systems, solidify the achievements
of asset verification and prevent future disorder after the verification work.

5.

Organization and leadership for asset verification

The asset verification of central enterprises shall be subject to the unified leadership and organization of the SASAC and be carried
out in a phased way, and the major problems related to asset verification shall be decided by the SASAC through consultation. The
central enterprises shall organize their affiliated enterprises and entities to carry out asset verification.

(1)

The SASAC shall take charge of the work arrangement for asset verification of central enterprises, formulation of the rules and systems
and work schemes of asset verification, and supervision, direction and inspection on asset verification of enterprises and the auditing
work of the intermediary agencies.

(2)

The central enterprises shall, by considering their respective actualities, set up the leader group of asset verification and designate
related internal bodies or set up interim offices to be responsible for the organization and implementation work.

(3)

The asset verification of the public institutions and overseas enterprises affiliated to the central enterprises shall be conducted
in light of the unified arrangements and requirements of asset verification of central enterprises, and the specific implementation
shall be organized and carried out by considering their financial subordination relationships.

6.

Requirements for asset verification

With a view to guarantying the quality of asset verification and to improving the work efficiency, the central enterprises conducting
asset verification shall accord with the following work requirements,

(1)

Central enterprises shall earnestly implement the Measures for Asset Verification of State-owned Enterprises and other systems in
their asset verification work, guarantee that the verification is all-around and thorough, avoid repetitions and omissions, and ensure
consistence between the accounts and facts, earnestly find out the asset status of the enterprises, and guarantee the truthfulness
and reliability of the results of the asset verification.

(2)

Central enterprises shall adhere to the principle of being practical and realistic during asset verification and uncover the existing
problems in accordance with the facts. For any asset loss that has been sorted out, the enterprises shall obtain the valid evidence
or economic appraisal materials with legal effects in light of the related requirements, and may not make falsified report or hide
the facts in the report.

(3)

As for the asset losses and account funds sorted out, the central enterprises shall make careful clearance, classification and sequencing,
find out the reasons, and shall bring forward handling opinions through deliberation by considering the actualities of the enterprises
and in light of the policies on asset verification and the relevant financial accounting systems of the state.

(4)

As for all the bad creditor’s rights, bad investments and the loss of assets in kind that have been written off upon approval, the
central enterprises shall set up the management system of “records of written-off accounts”, earnestly intensify the related management
work, organize personnel or establish special institutions to continue the checkup and recourse and thus to prevent the loss of state-owned
assets.

(5)

Central enterprises shall, through asset verification, faithfully reflect the conflicts and problems existing in the management of
entities affiliated to them, classify and sequence the entities that have become insolvent and can not continue the business on the
basis of careful investigation and study, and shall merge, suspend the business of, cancel, sell or declare bankruptcy of such entities
in accordance with law, and thus to speed up the adjustment of the organizational structure of the enterprises and promote the increase
of overall efficiency and benefits of the operation of state-owned capital.

(6)

Except for the special enterprises involving state security, the central enterprises shall entrust the qualified private intermediary
institutions to audit the results of asset verification, and the auditing reports of enterprise asset verification shall be submitted.

(7)

The central enterprises shall, during asset verification, designate special institutions and persons to be in charge of promptly reporting
to the SASAC (the Bureau of Statistics and Evaluation) the work progress, existing problems, work structure and opinions and suggestion
through the forms of brief, reflection, topic report or phase summary, etc.



 
The State-owned Assets Supervision and Administration Commission of the State Council
2003-09-02

 







MEASURES FOR THE ADMINISTRATION OF CHINESE-FOREIGN COOPERATIVE FILM PRODUCTION

State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No.19

The Measures for the Administration of Chinese-Foreign Cooperative Film Production passed by the executive meeting of this Administration
on September 28, 2003, are hereby issued and shall be put into effect on December 1, 2003.

Xu Guangchun, the Director of the State Administration of Radio, Film and Television

October 8, 2003

Measures for the Administration of Chinese-Foreign Cooperative Film Production

Article 1

The current Provisions are formulated in accordance with the Regulation on the Administration of Films with the aim to prosper the
production of films, to safeguard the legitimate rights and the interests of the producers and other relevant personnel of the films
cooperatively produced by Chinese and foreign parties, and to facilitate international cultural exchange.

Article 2

The term “Chinese-foreign cooperative film production” as used herein refers to the activities that the domestic film producers which
have obtained the License for Film Production (hereinafter referred to as Chinese parties) and the overseas film producers within
or outside of China (hereinafter referred to as foreign parties) jointly produce films, collaborate in the film production, or produce
films upon entrustment.

Article 3

The current Provisions are applicable to films cooperatively produced by Chinese and foreign parties within or outside of China, such
as feature films, cartoon films, scientific films, documentary films and films about special topics, including television films and
digital films.

Article 4

The State Administration of Radio, Film and Television (hereinafter referred to as SARFT) shall be the administrative authority in
charge of the administration of Chinese-foreign cooperative film production.

Article 5

The approaches to produce Chinese-foreign cooperative films includes:

1)

Joint production, that is, Chinese and foreign parties make joint investment (including capital, services or materials), jointly produce
the film, and jointly share the benefits and the risks.

2)

Collaboration in film production, that is, a foreign party makes investment to produce films within China, and the equipment, apparatus,
sites, services and so on are provided by the Chinese party which get pay for these

3)

Entrusted production, that is, the Chinese party is entrusted by the foreign party to produce films within China.

Article 6

Chinese-foreign cooperative film productions shall abide by the following principles:

1)

Compliance with the Constitution, laws, regulations and other relevant provisions of China;

2)

Respect for the customs, religions, beliefs and habits of the ethnic groups of China;

3)

Contributing to the brilliant traditional culture of the Chinese people;

4)

Making contributions to the economic and cultural enterprises and the social stability of China;

5)

Promoting the cultural exchange between China and the other countries;

6)

No detriment to the interest of any third countries.

Article 7

The state implements the licensing system to Chinese-foreign cooperative film production.

Without a License for Chinese-Foreign Cooperative film Production or any approval document, no domestic or overseas organization or
individual may produce any films within China cooperatively or independently.

Article 8

China Film Co-Production Corporation is designated by SARFT as the special agency in charge of the administration, coordination and
service for Chinese-foreign cooperative film production, and dealing with the relevant work, such as project applications of Chinese-foreign
cooperative film production, and presenting preliminary examination opinions of the films, etc.

Article 9

Procedures for the project applications of Chinese-foreign cooperative film production:

1)

The film script written in Chinese (standard Chinese characters) and the relevant documents of the film to be produced shall be submitted
to China Film Co-Production Corporation by the Chinese and foreign parties;

2)

China Film Co-Production Corporation shall, within 10 days from receiving the film script and other relevant materials, propose the
preliminary examination opinions, and submit to SARFT all of the relevant documents including the preliminary examination opinions,
the project application of the Chinese and foreign parties, a letter of intent of cooperation, as well as the information about the
credit certificate of the foreign party and the major working staff;

3)

SARFT shall present its decision on project establishment within 10 days from receiving the preliminary examination opinions, the
project application and other relevant documents;

4)

SARFT shall grant a one-off License of Chinese-Foreign Cooperative Film Production for those that meet the requirement of joint production;
And for those that meet the requirement of collaborative production or entrusted production, SARFT shall issue the approval document;

5)

The Chinese and foreign parties shall, after obtaining the license or approval document, sign the cooperation contract according to
the contents of the project which has been approved.

Article 10

The period of validity of the License of Chinese-Foreign Cooperative film Production shall be two years.

Article 11

Where there is a need to employ any overseas work staff in joint production, the employment shall be subject to the approval of SARFT.

Article 12

The mandarin version shall be made for each jointly produced film, and standard Chinese characters must be used in the subpost_title. For
the requirement of film distribution, it is permitted to make versions in the languages of the corresponding countries, regions,
and minority ethnic groups based on the mandarin version.

Article 13

A film cooperatively produced by Chinese and foreign parties shall be submitted to the examination department of SARFT for examination
after the provincial administration of radio, film and television and China Film Co-Production Corporation propose their preliminary
opinions.

Article 14

Only after the film has passed the examination and obtained the License for Public Screening from SARTF, can a jointly produced film
be distributed and screened in the public.

For a film produced with collaboration or upon entrustment, if it has passed the examination, the exit formalities may be carried
out on the strength of the approval document of SARFT.

Article 15

For Any alteration to a film for which the License for Public Screening has already been obtained, the Chinese and foreign parties
shall submit to SARFT for examination and approval.

Article 16

The development of the negative and sample of a film produced cooperatively by Chinese and foreign parties and the post production
shall be completed within China. If such processes have to be done overseas, the parties shall report to SABFT for approval.

The negative and sample cut off in film editing shall be kept by the Chinese party, and may not be taken out of China until half a
year after the public screening of that film overseas.

Article 17

If the foreign party shall employ the movie production and service personnel within China, they must ask their Chinese partner or
China Film Co-Production Corporation to do the recruitment, and shall sign contracts with the job applicants in accordance to the
laws and regulations of China.

Article 18

Any act infringement of the present Provisions shall be punished according to the relevant provisions of the Regulation on the Administration
of Films.

Article 19

The present Provisions shall be applicable to the cooperatively produced films involved with the film producers from Hong Kong Special
Administrative Region, Macao Special Administrative Region, and Taiwan area.

Article 20

The present Provisions shall be put into effect on December 1, 2003.

The Provisions on the Administration of Chinese-foreign Cooperative film Production issued by the former Ministry of Radio, Film and
Television on July 5, 1994 shall be abolished at the same time.



 
State Administration of Radio, Film and Television
2003-10-08

 







THE MEASURES FOR THE ADMINISTRATION OF THE QUARANTINE OF THE ARTICLES CARRIED BY PERSONS ON ENTRY OR EXIT

State Administration of Quality Supervision, Inspection and Quarantine

Order of the State Administration of Quality Supervision, Inspection and Quarantine

No. 56

The Measures for the Administration of the Quarantine of the Articles Carried by Persons on Entry or Exit were deliberated and adopted
at the executive meeting of the State Administration of Quality Supervision, Inspection and Quarantine on September 28th, 2003. They
are hereby promulgated and shall come into force as of January 1st, 2004.

Li Changjiang, Director General

November 6th, 2003

The Measures for the Administration of the Quarantine of the Articles Carried by Persons on Entry or Exit

Chapter I General Provisions

Article 1

In order to prevent contagious or parasitic diseases of animals, diseases, insect pests and weeds dangerous to plants, and other harmful
organisms from spreading into or out of the country, to protect the human health as well as the safety of agriculture, forestry,
animal husbandry and fishery, the present Measures are formulated in accordance with the Law of the People’s Republic of China on
the Quarantine of Animals and Plants on Entry or Exit, the Detailed Rules for the Implementation of the Law of the People’s Republic
of China on the Quarantine of Animals and Plants on Entry or Exit, the Frontier Health and Quarantine Law of the People’s Republic
of China, the Detailed Rules for the Implementation of the Frontier Health and Quarantine Law of the People’s Republic of China and
relevant other laws and regulations.

Article 2

“Persons on entry or exit” as mentioned in the present Measures refers to the passengers entering or exiting China (including personnel
of diplomatic institutions who enjoy diplomatic or consular privilege and immunity), other persons and the staff of vehicles.

“Carry” as mentioned in the present Measures refers to a person takes the articles with himself or has them carried by the train,
ship, plane or other vehicles that he is taking.

Article 3

When entering or exiting China, a person who carries any of the following articles shall declare to the entry-exit inspection and
quarantine institution and accept quarantine; a person who fails to do so shall be prohibited from entering or exiting China.

(1)

Animals and plants, their products and other quarantine items on entry;

(2)

Microbes, human tissues, biological products, blood and blood products and other special articles (hereinafter referred to as the
special articles) on entry or exit;

(3)

Skeletons, bone ash, corpse and coffins with corpse on entry or exit;

(4)

The baggage and articles entering or exiting China coming from an affected region or polluted by a contagious disease or probably
spreading a contagious disease; and

(5)

Other articles that shall declare and be subject to quarantine at the entry-exit inspection and quarantine institutions.

Article 4

Any of the articles listed in Article 5 , Paragraph (1) of the Law of the People’s Republic of China on the Quarantine of Animals
and Plants on Entry and Exit, the Catalogue of the People’s Republic of China of the Plants Prohibited from Entering China under
Entry Plant Quarantine, the Catalogue of the Animals, Animal Products and Other Quarantine Articles Prohibited from Being Carried
or Posted into China, the blood products and used articles as prescribed explicitly by the State and other relevant articles prohibited
from entering China shall be prohibited from entry.

Article 5

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ) shall be liable
for the nationwide administration of the quarantine of the articles carried by persons on entry or exit, and the entry-exit inspection
and quarantine institutions dispatched by the SAQSIQ at all places shall be liable for the quarantine of the articles carried by
the persons on entry or exit and the supervision over the quarantine work within their respective administrative area.

Article 6

Upon the quarantine of an inspection and quarantine institution, where it is found there exists quarantine risk in the carried articles,
a pre-warning and fast response procedure shall be started in accordance with relevant provisions.

Chapter II Quarantine Examination, Approval and License

Article 7

A person who carries plant seeds, seedlings or other reproductive materials shall, according to relevant provisions, go through the
formalities for quarantine examination and approval in advance. In case he is unable to do so under any special circumstance, he
shall make up the relevant formalities for animal and plant quarantine examination and approval according to relevant provisions.
Those carrying animals and plants or their products beyond the scope as provided in the preceding paragraph on entry who are required
to go through the formalities for quarantine examination and approval according to relevant provisions shall submit an application
to the SAQSIQ for going through the formalities for animal and plant quarantine examination and approval.

Article 8

On account of scientific research or other special purposes, a person who carries any of the articles prohibited from entering China
as listed in Article 5 , paragraph 1 of the Law of the People’s Republic of China on the Quarantine Animals and Plants on Entry or
Exit shall submit an application to the SAQSIQ for going through the special formalities for animal and plant quarantine examination
and approval.

Article 9

When entering or exiting China, a person who carries special articles shall handle the formalities for health and quarantine examination
and approval in advance according to relevant provisions.

Article 10

When entering or exiting China, a person who carries a corpse or skeleton shall handle the formalities for obtaining a Health and
Quarantine License according to relevant provisions.

Chapter III Declaration and On-the-Spot Quarantine

Article 11

When entering China, a person who carries any of the articles as listed in Article 3 , paragraph (1) of the present Measures shall
faithfully fill in the Quarantine Declaration Form on Entry, shall declare quarantine items to the inspection and quarantine institution
and accept the quarantine of the inspection and quarantine institution.

Article 12

When entering or exiting China, a person who carries any of the articles as listed in Article 3 , Paragraph (2) through (5) shall
faithfully declare the quarantine items to the inspection and quarantine institution and accept the quarantine of the inspection
and quarantine institution. In the event of entry, he shall faithfully fill in the Quarantine Declaration Form on Entry as well according
to relevant regulation.

Article 13

A quarantine inspection and quarantine institution may conduct on-the-spot inspection in the passages and baggage claim area for persons
on entry or exit, and conduct on-the-spot quarantine on the declared items; with regard to any possible undeclared articles as prescribed
in the present Measures, it may inquire the persons concerned and conduct sample inspection, and may open the trunks (bags) for inspection
when necessary.

Article 14

When entering China, a person who carries special articles shall, according to relevant provisions, present a Health and Quarantine
Form of Examination and Approval for Special Articles on Entry or Exit (hereinafter referred to as the Health and Quarantine Form
of Examination and Approval). A person who carries blood products or biological products for his own use shall only present the certification
issued by a relevant hospital. The quantity of the aforesaid items shall be limited to a period of treatment as determined in the
prescription or specification.

The inspection and quarantine institutions shall conduct on-the-spot inspection and quarantine on the special articles on entry or
exit according to the requirements as provided in the Health and Quarantine Form for Examination and Approval and relevant provisions.

With regard to a person who fails to present a Health and Quarantine Form for Examination and Approval, the inspection and quarantine
inspection institution shall temporarily withhold the special articles on entry or exit and shall issue an Evidence of Quarantine
/ Treatment of Articles Carried by Persons on Entry or Exit (hereinafter referred to as Evidence for Quarantine/ Treatment. The special
articles withheld shall be sealed up and preserved at a place designated by the inspection and quarantine institution for not any
more than 30 days, and the relevant preservation fees within the period shall be paid by the person on entry or exit.

Article 15

When entering or exiting China, a person who carries a corpse or skeleton shall, according to relevant provisions, provide the death
certificate of the dead and other relevant documents.

The inspection and quarantine institute shall conduct on-the-spot quarantine over the skeleton or corpse on entry or exit according
to relevant provisions.

Article 16

The inspection and quarantine institutions shall, according to relevant provisions, conduct on-the-spot quarantine over any baggage
and articles on entry or exit that are from an affected region, are polluted by a contagious disease or possibly spread a contagious
disease.

Article 17

A person carrying plant seeds, seedlings or other reproductive materials that are allowed to enter China shall present a Quarantine
Form for Introducing Seeds and Seedlings for Examination and Approval or Quarantine Form of Examination and Approval for Introducing
Seeds, Seedlings and Other Reproductive Materials (hereinafter referred to as the Quarantine Form of Examination and Approval for
Seeds and Seedlings).

When entering China, a person, who carries any animal, plant, and products of such animal or plant that are subject to quarantine
examination and approval or those that are be subject to special quarantine examination and approval, shall present the Animals &
Plants Entry Quarantine License of the People’s Republic of China (hereinafter referred to as the Quarantine License) issued by the
SAQSIQ and other relevant documents.

The inspection and quarantine institutions conduct on-the-spot quarantines to the animals, plants, and the products of such animals
or plants as well as other things subject to quarantine as provided for in Paragraphs 1 & 2 of the present Article as required by
the Approval Form for Seeds and Seedlings or the Quarantine License or any other relevant provisions.

With regard to a person who fails to present the Quarantine Form of Examination and Approval for Seeds and Seedlings, the Quarantine
License or other relevant documents, the inspection and quarantine institution shall temporarily withhold the animals, plants, animal
or plant products and other quarantine products carried by him on entry and shall issue an Evidence of Quarantine / Treatment to
him. The aforesaid articles withheld temporarily shall be sealed up at a place designated by the inspection and quarantine institution
for not exceeding 7 days, and the relevant preservation fees within the period shall be paid by the person on entry or exit.

Article 18

When entering China, a person who carries any animal permitted to enter China shall present a valid quarantine certificate issued
by an official animal quarantine institution of the exporting country or region; with regard to a person carrying dogs or cats on
entry, the cats or dogs shall not exceed the quota, and the person shall present a valid inoculation certificate.

The inspection and quarantine institution shall conduct on-the-spot quarantine over the animals that are allowed to enter China according
to relevant provisions.

Where a person fails to present a valid quarantine certificate or an inoculation certificate, the inspection and quarantine institution
shall temporarily withhold the animals on entry and shall issue an Evidence of Quarantine / Treatment. The aforesaid animals shall
be segregated at a segregation place designated by the inspection and quarantine institution for not any more than 7 days, and the
relevant expenses shall be dealt with according to relevant provisions.

Article 19

When exiting China, a person who carries animals or plants or products of such animals or plants and other quarantine articles shall
present relevant certifications as required by relevant provisions.

Where there are quarantine requirements for the animals, plants, or products of such animals or plants, and other quarantine objects
in an exporting country (region), the persons entering or exiting this country or region shall file an application, and the inspection
and quarantine institution shall conduct quarantine and issue relevant documents according to relevant requirements.

Chapter IV Quarantine Clearance and Treatment

Article 20

With regard to the articles carried by a person on entry or exit that pass the on-the-spot quarantine of the inspection and quarantine
institution, quarantine clearance shall be done on the spot.

Article 21

With regard to the articles withheld temporarily on account of failure of presenting relevant valid documents, the person entering
or exiting China shall supplement relevant valid documents within the time limit for withholding the articles; for those who pass
the quarantine of the inspection and quarantine institution, quarantine clearance shall be done, and the person entering or exiting
China shall take away the articles within the time limit for the temporary withholding of the articles on the strength of the Evidence
of Quarantine / Treatment.

Article 22

After the quarantine of an inspection and quarantine institution, where it is necessary to make laboratory quarantine, segregated
quarantine or sanitary harm-elimination treatment to the articles carried by a person on entry or exit, the inspection and quarantine
institution shall withhold the aforesaid articles and issue an Evidence of Quarantine / Treatment.

The expenses of and time limit for the withholding, segregation and quarantine shall be carried out in accordance with relevant provisions.

Where the articles pass the laboratory quarantine, segregation quarantine or sanitary harm-elimination treatment of the inspection
and quarantine institution, a quarantine clearance shall be done. The person on entry or exit shall take away the articles within
the time limit for withholding on the strength of Evidence of Quarantine / Treatment.

Article 23

Under any of the following circumstances, the articles carried by a person on entry or exit shall be subject to sanitary harm-elimination
treatment in accordance with relevant provisions:

(1)

Finding any of the specified diseases or pests in the animals, plants, or products of such animals or plants or other quarantine articles
on entry;

(2)

The corpse or skeleton on entering or exiting China doesn’t meet the sanitary requirements;

(3)

The baggage and articles on entry or exit come from an affected region of an epidemic disease, or are polluted by a epidemic disease,
or possibly spread an epidemic disease; or

(4)

Other circumstances in which sanitary harm-elimination treatment shall be made.

Article 24

Under any of the following circumstances, the articles carried by a person on entry or exit shall, according to relevant provisions,
be returned or destroyed within a time limit:

(1)

The articles carried are inconsistent with the description of the documents submitted by the person concerned;

(2)

The articles are withheld temporarily because of the person’s failures of presenting valid documents and supplementing valid documents
within the time limit for withholding;

(3)

The articles fail to pass the quarantine (including on-the-spot quarantine) and there is no effective method for making sanitary harm-elimination
treatment;

(4)

The animals on entry exceeds the quota;

(5)

Falling within the scope of articles prohibited from entering China as provided for in the law and regulation; or

(6)

Other circumstances in which the articles shall be returned or destroyed within a time limit.

Article 25

With regard to any of the articles withheld (including those withheld temporarily) that passes the quarantine and shall be taken away
within a time limit, if not taken away within the time limit or waived voluntarily by the person entering or exiting China in written
statement, the articles shall be regarded as unclaimed and be handled by the inspection or quarantine institution in accordance with
the law.

Chapter V Legal Liabilities

Article 26

Whoever refuses to fill in a Quarantine Declaration Form on Entry shall be given a warning or imposed on a fine of 1, 000 Yuan or
less by the inspection and quarantine institution.

Article 27

A person who conducts any of the following violations shall be imposed on a fine of 5, 000 Yuan or less by the inspection and quarantine
institution:

(1)

When entering China, a person carries any of the animals or plants or products of such animals or plants or other quarantine articles
as provided for in the present Measures, but fails to declare the items to the inspection and quarantine institution, fails to go
through the quarantine formalities, or fails to act as is required by the quarantine examination and approval;

(2)

The declared animals or plants or products of such animals or plants or other quarantine articles are not the same as they really
are;

With regard to whoever acts as is required by Item (2) of the preceding paragraph, the quarantine documents he has obtained, if any,
shall be canceled.

Article 28

Whoever conducts any of the following violations shall be given a warning or imposed on a fine of 100 Yuan up to 5, 000 Yuan:

(1)

Forging or altering any sanitary quarantine documents;

(2)

Concealing the carrying of any special articles prohibited from entering China;

(3)

Concealing the carrying of any articles that possibly spread an epidemic disease; or

(4)

Loading or unloading the baggage and articles without the permission of the inspection and quarantine institution.

Article 29

Without permission of the inspection and quarantine institution, whoever moves or carries away the corpse or skeleton entering or
exiting China shall be imposed on a fine of not less than 1, 000 Yuan but not more than 10, 000 Yuan by the inspection and quarantine
institution.

Article 30

With regard to a person who carries used articles and fails to file a declaration of the items to the inspection and quarantine institution,
but enters or exits China without submitting the articles for sanitary treatment by the inspection and quarantine institution and
without being issued relevant documents, he shall be imposed on a fine of not less than 3, 000 Yuan but not more than 30, 000 Yuan.

Article 31

Whoever, without the permission of the inspection and quarantine institution, transfers or disposes of any of the articles that are
withheld or segregated in the place as designated by the inspection and quarantine institution shall be imposed a fine of not less
than 3, 000 Yuan but not more than 30, 000 Yuan.

Article 32

With regard to a person who conducts any of the following violations, if the violation doesn’t constitute a crime or the criminal
circumstance is obviously minor, thus he is subject to no criminal punishment in jure, the inspection and quarantine institution
shall impose on him a fine of not less than 20, 000 Yuan but not more than 50, 000 Yuan:

(1)

Causing serious animal or plant epidemic situation; or

(2)

Forging or altering animal or plant quarantine documents.

Article 33

Any one on entry or exit who refuses or hinders the inspection and quarantine institution and their functionaries from performing
their functions shall be dealt with by relevant departments in accordance with the law.

Article 34

When enforcing the administrative punishments provided for in the present Measures, the inspection and quarantine institutions shall
abide by the provisions on the procedures of administrative punishments as prescribed in relevant law or regulation; whoever violates
any of the relevant provisions shall be subject to relevant liabilities in accordance with the law.

Article 35

The functionaries shall enforce the law impartially, be devoted to their duties, shall not abuse their authorities, neglect their
duties, or malpractice to seek private benefits. Whoever violates the law or his duties shall be subject to relevant liabilities
in accordance with the law.

Chapter VI Supplementary Provisions

Article 36

The responsibility to interpret the present Measures shall remain with the SAQSIQ.

Article 37

The present Measures shall come into force as of January 1st, 2004.



 
State Administration of Quality Supervision, Inspection and Quarantine
2003-11-06

 







INTERIM MEASURES FOR THE ADMINISTRATION OF EXPORT LICENSES FOR SENSITIVE ITEMS AND TECHNOLOGIES

20060101

Ministry of Commerce, Customs General Administration

Order of the Ministry of Commerce and the General Administration of Customs

No.9

In accordance with the Law of the People’s Republic of China on Foreign Trade and the Regulations of the People’s Republic of China
on the Control of Nuclear Export, the Regulations of the People’s Republic of China on the Export Control of Nuclear Dual-use Items
and Related Technologies, the Regulations of the People’s Republic of China on the Export Control of Missiles and Related Items and
Technologies, the Regulations of the People’s Republic of China on the Export Control of Biological Dual-use Items and Related Equipment
and Technologies, and the Measures for the Export Control of Relevant Chemicals and Related Equipment and Technologies, the Interim
Measures for the Administration of Export Licenses for Sensitive Items and Technologies have been formulated and were adopted at
the sixth executive meeting of the Ministry of Commerce on November 14th, 2003. They are hereby promulgated and shall be implemented
on January 1st, 2004.

Lv Fuyuan, Minister of Commerce

Mou Xinsheng, Director-general of the Customs General Administration

December 1st, 2003

Interim Measures for the Administration of Export Licenses for Sensitive Items and Technologies

Article 1

In order to safeguard the state security and public interest, to regulate the export of sensitive items and technologies, and to strengthen
the administration of the export licenses for sensitive items and technologies, the present Measures are formulated in accordance
with the Law of the People’s Republic of China on Foreign Trade and the relevant regulations and rules of the state on export control.

Article 2

The relevant regulations and rules of the state on export control as mentioned in the present Measures refer to the Regulations of
the People’s Republic of China on the Control of Nuclear Export, the Regulations of the People’s Republic of China on the Export
Control of Nuclear Dual-use Items and Related Technologies, the Regulations of the People’s Republic of China on the Export Control
of Missiles and Related Items and Technologies, the Regulations of the People’s Republic of China on the Export Control of Biological
Dual-use Items and Related Equipment and Technologies, and the Measures for the Export Control of Given Chemicals and Related Equipment
and Technologies.

Article 3

In light of the relevant regulations and rules of the state on export control, the Ministry of Commerce, along with the Customs General
Administration, promulgate the Catalogue for the Administration of Export Licenses for Sensitive Items and Technologies (hereinafter
referred to as the Catalogue), which shall be separately promulgated as an appendix of the present Measures.

Article 4

The sensitive items and technologies as mentioned in the Catalogue fall within two types. The first type includes the sensitive items
and technologies that can correspond to the customs commodity codes, for such items and technologies, the customs office shall require
the exporter to present the export license for sensitive items and technologies. The second type includes the sensitive items and
technologies that have no accurate customs commodity codes at present. The exporter shall, when exporting such goods, present the
export license for sensitive items and technologies to the customs office, and shall assume any consequences arising if he fails
to do so.

Article 5

Where an exporter exports any of the sensitive items and technologies listed in the Catalogue to any country (region) by any trade
method, he shall apply for approval for the export of sensitive items and technologies according to the provisions, draw the export
license for sensitive items and technologies, and present the license voluntarily when making customs declarations. The customs office
shall accept the declaration and handle the clearance formalities upon the strength of the export license for sensitive items and
technologies.

The customs office has the right to question whether the goods of the export fall within the scope of sensitive items and technologies,
and the exporter shall, according to the provisions, file an application to the Ministry of Commerce for approval for the export
or for relevant certificates showing that the goods fall outside of the control scope. Where the exporter fails to provide the export
license or the relevant certificates, the customs office shall not handle the relevant formalities.

Article 6

In accordance with the relevant regulations and rules on export control, if an exporter knows or should have known that the export
items and technologies will be used by the recipient for any purpose related to weapons of mass destruction and the conveyance systems
thereof, the exporter shall file an application for approval for the export no matter whether such items and technologies are listed
in the Catalogue.

During the process of export of the sensitive items and technologies, the exporter shall report to the Ministry of Commerce in good
time if finding out that the items or technologies may be used by the recipient for the purpose of developing weapons of mass destruction
and the conveyance systems thereof, and shall actively take cooperative steps to terminate the execution of the contract.

Article 7

Exporters undertaking the export of sensitive items and technologies shall apply to the Ministry of Commerce (Department of Science
and Technology) for exporting sensitive items and technologies, and shall, upon approval, draw the export license for sensitive items
and technologies at the license issuing agency (hereinafter referred to as issuing agency) authorized by the Ministry of Commerce
upon the strength of the letter of approval for the export of sensitive items and technologies issued by the Ministry of Commerce.

Article 8

The Ministry of Commerce shall deal with an application after receiving the complete and valid application materials, and shall make
the decision on whether or not to approve the export within the time limits for examination prescribed by the relevant regulations
and rules on export control. Where the export is approved, the Ministry of Commerce shall issue to the exporter a letter of approval
for the export of sensitive items and technologies; and where the export is not approved, the exporter shall be notified by the Ministry
of Commerce.

Article 9

The following documents shall be submitted to file an application for exporting sensitive items and technologies:

1)

The photocopy of the registration certificate of the export of sensitive items and technologies;

2)

A copy of the original Application Form for the Export License for Sensitive Items and Technologies of the People’s Republic of China;

3)

A copy of both the original certificate of end user and end usage and the Chinese translation thereof;

4)

A copy of the duplicate of contracts;

5)

A copy of the technical specifications of the sensitive items and technologies of which the export is applied for;

6)

A copy of the identity certificate with the sample signature of the legal representative of the enterprise;

7)

A copy of both the identity certificate of the handling person and that of the principal operator; and

8)

The company profile produced by the end user which shall include a set of documents describing the business scope and business status,
etc., and the exporter shall provide the corresponding translations. In case the website and brochures, etc., of the end user are
available, such information shall be provided along with the others.

Article 10

When examining an export application, the Ministry of Commerce has the right to inquire the exporter, and may require the exporter
to supplement the relevant materials if necessary.

Article 11

The Ministry of Commerce shall, according to different circumstances, decide to issue the letter of approval for the export of sensitive
items and technologies which will be valid for three months, six months, or one year (calculated as of the issuing day). The exporter
shall, within 30 days from the issuing day of the letter of approval for the export of sensitive items and technologies, draw the
export license for sensitive items and technologies with the license issuing agency. The license shall be invalidated automatically
if the exporter fails to draw it within the prescribed time limit.

Article 12

When applying for the export license for sensitive items and technologies, an exporter shall make the application in light of the
facts, may not commit any fraud, and is prohibited from cheating for the export license for sensitive items and technologies by using
any falsified contract, falsified letter of credit or by any other improper means.

The export license for sensitive items and technologies may not be traded, transferred, forged or altered.

Article 13

The export license for sensitive items and technologies shall be used within its valid term and will be invalidated automatically
upon expiration. When an export license for sensitive items and technologies is used in the year immediately after the issuing year,
the deadline shall be the last day of February of the next year, providing that the validity of the license has not expired, and
the license issuing agency shall, upon expiration of that period, issue a new corresponding export license for sensitive items and
technologies in light of the valid term of the license as instructed in the letter of approval for the export of sensitive items
and technologies.

Article 14

The export licenses for sensitive items and technologies shall be subject to the system of “one license for one customs office” and
the system of “one license for one declaration”. Where export by installments is needed in respect of a contract, the exporter shall
put forward the issue in the export application, and the Ministry of Commerce shall, after ratification, issue letters of approval
for the export of sensitive items and technologies in the corresponding number. Not more than twelve installments shall be applied
for in one application.

The system of “one license for one customs office” means that each license may only be used in one customs office for declaration;
and the system of “one approval for one license” means that each license may be used only once in customs declaration.

Article 15

Each export license for sensitive items and technologies is divided into four pages, the first page is the customs formality page;
the second page is the customs record page; the third page is the bank foreign exchange settlement page; and the fourth page is the
license-issuing agency record page.

Article 16

After receiving the written letter of approval for the export of sensitive items and technologies and ensuring there is no mistake
after check, the license-issuing agency shall issue the export license for sensitive items and technologies within one workday.

Article 17

The following documents shall be submitted for obtaining the export license for sensitive items and technologies:

1)

The original letter of approval for the export of sensitive items and technologies issued by the Ministry of Commerce;

2)

The valid work certificate of the person who draws the license for the exporter and the original official letter (letter of introduction)
of the exporter; where the export license for sensitive items and technologies is conducted at any place other than where the exporter
is located and it is needed to entrust another person to deal with the process because of special circumstances, the entrusted person
shall present the original official letter of entrustment (the letter of entrustment shall indicate the reasons for the entrustment
and the identity of the entrusted party) of the exporter and the valid certificate of his/her identity.

Article 18

A license shall be used only by the exporter that obtained it. The exporter shall keep in good conditions the original vouchers in
relation to the sensitive items and technologies, may not destroy them within 5 years, and shall reserve them for future selective
reference by the Ministry of Commerce.

Article 19

Once the export license for sensitive items and technologies has been issued, any entity or individual may not modify the contents
on the license, and if it is necessary to alter any of the contents, the exporter shall return to the Ministry of Commerce the original
export license for sensitive items and technologies, explain the reasons in writing, and after applying anew for a letter of approval
for the export of sensitive items and technologies, draw the export license for sensitive items and technologies with the license
issuing agency upon the strength of the original license and the new letter of approval for the export of sensitive items and technologies.

Article 20

The surplus or short quantities of sensitive items and technologies in large bulks may not be more than 5% of the export quantities
specified in the export license for sensitive items and technologies.

Article 21

With respect to the not-for-sale exhibits transported to outside of China for participating foreign exhibitions or for holding exhibitions
abroad, the participant entity (exporter) shall, upon the strength of the documents of approval for the exhibition, file an application
for approval for the export of sensitive items and technologies according to the provisions. The word “exhibition” shall be indicated
in the box of note on the export license for sensitive items and technologies. The customs office shall carry out the control and
clearance upon the strength of the export license for sensitive items and technologies and the customs declaration form of the export
goods. The participant entity shall, within 6 months after the end of the exhibition, transport the not-for-sale exhibits back to
China in their original quantities, and the customs office shall make the verification upon the strength of the relevant exit documents.
Under special circumstances, the participant entity may file an application to the customs office for extension. however, the extension
may not be more than 6 months at the most.

Article 22

The for-sale exhibits transported to outside of China for participating foreign exhibitions or for holding exhibitions abroad shall
be deemed as ordinary export goods, and the participant entity (exporter) shall, upon the strength of the documents of approval for
the exhibitions, file an application for approval for the export of sensitive items and technologies pursuant to the provisions.

Article 23

The sample goods or samples for experimental purpose transported to outside of China shall be deemed as ordinary export goods, and
the exporter shall file an application for approval for the export of sensitive items and technologies according to the provisions.
The words “sample goods” shall be indicated in the note box on the export license for sensitive items and technologies.

Article 24

The sensitive items and technologies that are exported through foreign intercourse, exchange, gift, aid, services or other forms shall
be deemed as ordinary export goods, and the relevant entity (exporter) shall file an application for approval for the export of sensitive
items and technologies.

Article 25

In case the export license for sensitive items and technologies already obtained is lost, the exporter shall promptly notify the Ministry
of Commerce and the customs office in writing. The application formalities shall be gone through again if necessary.

Article 26

The license-issuing agency shall, according to the provisions of the Ministry of Commerce on network check, submit the data of license
issuing to the Ministry of Commerce (Department of Science and Technology), notify the customs office at the same time, check the
data fed back by the customs office, regularly inspect the use of export licenses for sensitive items and technologies and find out
the existing problems.

Article 27

Where any party exports sensitive items and technologies without approval or beyond the approved scope, or violates Article 11 of
the present Measures, the Ministry of Commerce shall punish that party according to the relevant regulations and rules of the state
on export control.

Any entity or individual may expose to the Ministry of Commerce or the customs office the acts of exporting sensitive items and technologies
of an exporter that is in violation of the relevant regulations and rules of the state on export control and the provisions of the
present Measures. The Ministry of Commerce and the customs office shall keep confidential for the party exposing the violation, and
shall punish the violator according to the law. Where the exposure is found to be true upon investigation, the competent authority
may award the party exposing the violation.

Article 28

The Ministry of Commerce may, together with the General Administration of Customs, adjust the Catalogue in light of the actual situations.

Article 29

Where the Ministry of Commerce adjusts any authorized license issuing agency, that agency may no longer issue the export license for
sensitive items and technologies as of the day of adjustment. The export licenses for sensitive items and technologies obtained by
the exporters prior to the adjustment shall remain valid within their respective valid terms.

Article 30

The responsibility to interpret the present Measures shall remain with the Ministry of Commerce and the Customs General Administration
in accordance with their respective duties.

Article 31

The present Measures shall be implemented on January 1st, 2004.



 
Ministry of Commerce, Customs General Administration
2003-12-01

 







THE SUPPLEMENTARY PROVISIONS OF THE PROVISIONS ON THE ADMINISTRATION OF FOREIGN-FUNDED CONSTRUCTION AND ENGINEERING DESIGN ENTERPRISES

e02884

Ministry of Construction, Ministry of Commerce

Decree of the Ministry of Construction and the Ministry of Commerce

No. 122

The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises
were deliberated and adopted at the 24th executive meeting of the Ministry of Construction and the executive meeting of the Ministry
of Commerce, which are hereby promulgated and shall come into force as of January 1st, 2004.

Wang Guangtao, Minister of the Ministry of Construction

Lv Fuyuan, Minister of the Ministry of Commerce

December 19th, 2003

The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises

With a view to promoting the development of the economic & trade relations between the Mainland and Hong Kong/Macao and to encouraging
service providers form Hong Kong and Macao to establish construction and engineering design enterprises, the following supplementary
provisions are formulated in accordance with the Mainland and Hong Kong Closer Economic Partnership Arrangement the Mainland and
Macao Closer Economic Partnership Arrangement approved by the State Council, and the Regulations on the Administration of the Foreign-funded
Construction and Engineering Design Enterprises (Decree No. 114 of the Ministry of Construction and the Ministry of Foreign Trade
and Economic Cooperation):

1.

Service providers from Hong Kong or Macao may establish solely funded construction and engineering design enterprises in the Mainland
as of January 1st, 2004.

2.

When Hong Kong or Macao service providers establish construction and engineering design enterprises in the Mainland and apply for
the qualification certificate, the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises
and the relevant regulations governing the management of qualifications of construction and engineering design enterprises shall
be complied with.

3.

The terms of “Hong Kong service providers” and “Macao service providers” as mentioned in the present Supplementary Provisions shall
be in conformity with the definitions and meet the relevant requirements as respectively provided in the Mainland and Hong Kong Closer
Economic Partnership Arrangement and the Mainland and Macao Closer Economic Partnership Arrangement.

4.

The responsibility to interpret the present Supplementary Provisions shall remain with the Ministry of Construction and the Ministry
of Commerce according to their respective functions.

5.

The present Supplementary Provisions shall come into force as of January 1st, 2004.



 
Ministry of Construction, Ministry of Commerce
2003-12-19

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON REVISING THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION

Decision of the Standing Committee of the National People’s Congress on Revising the Law of the PRC on the Prevention and Control
of Atmospheric Pollution

     At its 15th Meeting, the Standing Committee of the Eighth National People’s Congress decides to revise the Law of the People’s Republic
of China on the Prevention and Control of Atmospheric Pollution as follows:

1. One paragraph is added to Article 8 as Paragraph 1: “The State adopts economic and technological policies and measures to facilitate
the prevention and control of atmospheric pollution and comprehensive utilization.”

2. One article is added as Article 9: “The people’s governments at various levels shall redouble their efforts in afforestation and
urban greening to improve the atmospheric environment.”

3. One article is added as Article 15: “Enterprises shall give priority to the adoption of clean production techniques that are instrumental
to high-efficient use of energy and reduced discharge of pollutants so as to decrease the generation of atmospheric pollutants.

“The State practises an elimination system for the backward production techniques and backward equipment which seriously pollutes
the atmospheric environment.

“The competent department for comprehensive economic and trade affairs under the State Council shall, in conjunction with other relevant
departments under the State Council, publish a catalog of the techniques which seriously pollute the atmospheric environment and
the use of which shall be prohibited within a time limit, and a catalog of the equipment which seriously pollutes the atmospheric
environment and the production, sale, importation and use of which shall be prohibited within a time limit.

“Producers, sellers, importers or users shall, within the time limit prescribed by the competent department for comprehensive economic
and trade affairs under the State Council in conjunction with the relevant departments under the State Council, stop the production,
sale, importation or use of the equipment listed in the catalog specified in the preceding paragraph. People who use the production
techniques listed in the catalog specified in the preceding paragraph shall, within the time limit prescribed by the competent department
for comprehensive economic affairs under the State Council in conjunction with the relevant departments under the State Council,
stop using such techniques.

“The equipment eliminated in accordance with the provisions of the preceding two paragraphs may not be transferred to another for
use.”

4. One article is added as Article 24: “The State promotes the dressing of coal by washing to reduce the sulfur and ash in coal, and
restricts the mining of high-sulfur or high-ash coal. If the coal mined from a newly-built coal mine is of high-sulfur or high-ash,
supporting facilities for the dressing of coal by washing shall be installed to make the sulfur and ash in coal fall within the prescribed
limits.

“If the coal mined from an established coal mine is of high-sulfur or high-ash, supporting facilities for the dressing of coal by
washing shall be installed within a time limit in accordance with the plan approved by the State Council.

“It is prohibited to mine the coal with toxic or harmful substances, such as radioactive and arsenic, that exceed the prescribed limits.”

5. One article is added as Article 25: “People’s governments of large or medium-sized cities shall make plans for people in the urban
areas to use sulfur-fixed briquette of coal as fuel or other clean fuel for cooking ranges, so as to gradually eliminate the direct
use of raw coal as fuel.”

6. One article is added as Article 26: “To establish a heat-engine plant within the urban areas of a city, both heating and electricity
shall be generated where it is necessary and conditions permit, and construction and acceptance for use of the network of pipelines
for heat supply shall be arranged in step with that of the main project of the plant.”

7. One article is added as Article 27: “The environmental protection department under the State Council together with relevant department
under the State Council may, in light of the meteorological, topographical, soil and other natural conditions, delimit the areas
where acid rain has occurred or will probably occur and areas that are seriously polluted by sulfur dioxide as acid rain control
areas and sulfur dioxide pollution control areas, subject to approval by the State Council.

“With respect to the heat-engine plants and other large or medium-sized enterprises in the acid rain control areas or sulfur dioxide
pollution control areas that discharge sulfur dioxide, if they are newly-built construction projects which cannot use low-sulfur
coal, supporting facilities for desulphurization and dust removal must be installed or other measures for control of the discharge
of sulfur dioxide or for dust removal adopted; if they are established enterprises which do not use low-sulfur coal, measures for
control of discharge of sulfur dioxide or for dust removal shall be adopted. The State encourages enterprises to adopt advanced technology
for desulphurization and dust removal.

“Enterprises shall gradually adopt measures to control the nitrogen oxide generated by the burning of coal.”

8. One article is added as Article 36: “Operators of the catering trade in urban areas must observe the regulations of the State Council
on the administration of environmental protection in relation to the catering trade, and adopt measures to prevent and control the
pollution caused by lampblack to the residential environment in the neighbourhood.”

9. One article is added as Article 38: “The State encourages and supports the production and use of high-grade, unleaded gasoline
and restricts the production and use of leaded gasoline.

“Relevant competent departments under the State Council shall make plans for gradually reducing the production of leaded gasoline
so as finally to stop the production and use of leaded gasoline.”

10. One article is added as Article 40: “Whoever, in violation of the provisions of Article 15 of this Law produces, sells, imports
or uses the equipment that is prohibited to produce, sell, import or use or employs the techniques that are prohibited to employ
shall be ordered to make rectification by the competent department for comprehensive economic and trade affairs of the people’s government
at or above the county level; if the circumstances are serious, the said competent department shall put forward suggestions thereon
and submit them to the people’s government at the corresponding level, which shall, according to the limits of authority prescribed
by the State Council, order the offender to suspend operation or close down.”

11. The post_title of Chapter III is revised as follows: “Prevention and Control of Atmospheric Pollution by the Burning of Coal”.

This Decision shall go into effect as of the date of promulgation.

The Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution shall be revised correspondingly
in accordance with this Decision and shall be republished.

    






REGULATIONS ON EXPORT CONTROL OF MISSILES AND MISSILE-RELATED ITEMS AND TECHNOLOGIES

Regulations of the People’s Republic of China on Export Control of Missiles and Missile-related Items and Technologies

     Article 1 These Regulations are formulated for the purposes of strengthening export control of missiles and missile-related items
and technologies, and safeguarding the State security and social and public interests.

   Article 2 The export of missiles and missile-related items and technologies referred to in these Regulations means the export for trade of
missiles and missile-related equipment, materials and technologies listed in “The Missiles and Missile-related Items and Technologies
Export Control List” (hereinafter referred to as the Control List) attached to these Regulations, and the gift to, exhibition in,
scientific and technological cooperation with, assistance to, provision of service for as such and other forms of technological transfer
thereof to foreign countries and regions.

   Article 3 The State shall exercise strict control on the export of missiles and missile-related items and technologies so as to prevent the
proliferation of missiles and other delivering systems listed in the Control List that can be used to deliver weapons of mass destruction.

   Article 4 The State shall practice a licensing system for the export of missiles and missile-related items and technologies. Without being
licensed, no unit or individual shall export missiles and missile-related items and technologies.

   Article 5 The export of items and technologies listed in Part I of the Control List shall be subject to the Regulations of the People’s Republic
of China on Administration of Arms Export and other relevant provisions.

To export items and technologies listed in Part II of the Control List (hereinafter referred to as missile-related items and technologies),
the exporter shall follow the examination and approval procedures provided for in Articles 7 to 13 of these Regulations; however,
the export of missile-related items and technologies for military purpose shall be subject to the provisions of the preceding paragraph.

   Article 6 The receiving party of missile-related items and technologies shall guarantee not to use missile-related items and technologies supplied
by China for purposes other than the declared end-use, nor to transfer missile-related items and technologies supplied by China to
any third party other than the declared end-user without the consent of the Chinese Government.

   Article 7 Exporters of missile-related items and technologies shall register themselves with the competent department in charge of foreign
economic relations and trade of the State Council (hereinafter referred to as the competent foreign economic and trade department
of the State Council). Without such registration, no unit or individual shall export missile-related items and technologies. The
specific measures for such registration shall be formulated by the competent foreign economic and trade department of the State Council.

   Article 8 Anyone who intends to export missile-related items and technologies shall apply to the competent foreign economic and trade department
of the State Council, fill in the export application form for missile-related items and technologies (hereinafter referred to as
the export application form), and submit the following documents:

(1) identification of the applicant’s legal representative, chief managers and the persons handling the deal;

(2) duplicates of the contract or agreement;

(3) technical specifications of the missile-related items and technologies;

(4) certificates of the end-user and end-use;

(5) documents of guarantee as defined in Article 6;

(6) other documents as may be required by the competent foreign economic and trade department of the State Council.

   Article 9 An applicant shall truthfully fill in the export application form.

Export application forms shall be uniformly produced by the competent foreign economic and trade department of the State Council.

   Article 10 The competent foreign economic and trade department of the State Council shall, from the date of receiving the export application
form and the documents set forth in Article 8 of these Regulations, examine the application, or examine the application jointly with
other relevant departments of the State Council and relevant departments of the Central Military Commission, and make a decision
of approval or denial within 45 working days.

   Article 11Where the export of missile-related items and technologies entails significant impact on the State security, social and public interests,
the competent foreign economic and trade department of the State Council shall, jointly with relevant departments, submit the case
to the State Council and the Central Military Commission for approval.

Where the export of missile-related items and technologies is submitted to the State Council and the Central Military Commission for
approval, the timing restriction set forth in Article 10 of these Regulations shall not be applied.

   Article 12 Where an application for the export of missile-related items and technologies is examined and approved, the competent foreign economic
and trade department of the State Council shall issue a licence for the export of missile-related items and technologies (hereinafter
referred to as an export licence), and notify the Customs in writing.

   Article 13 An export licence holder who intends to change the missile-related items and technologies originally applied for export shall return
the original export licence and file a new application to obtain a new export licence according to relevant provisions of these Regulations.

   Article 14 While exporting missile-related items and technologies, the exporter shall present the export licence to the Customs, complete the
customs procedures and accept supervision and control of the Customs in accordance with the provisions of the Customs Law.

   Article 15 Where the receiving party contravenes the guarantees made according to the provisions of Article 6 of these Regulations or there
is a risk of proliferation of missiles and other delivering systems listed in the Control List that can be used to deliver weapons
of mass destruction, the competent foreign economic and trade department of the State Council shall suspend or revoke the export
licence granted and notify the Customs in writing.

   Article 16 Where the exporter knows or should know that the missile-related items and technologies to be exported will be used by the receiving
party directly in its program for developing missiles and other delivering systems listed in the Control List that can be used to
deliver weapons of mass destruction, the export shall be subject to the provisions of these Regulations even if the items or technologies
are not listed in the Control List.

   Article 17 Upon approval by the State Council and the Central Military Commission, the competent foreign economic and trade department of the
State Council may, jointly with relevant departments, temporarily decide to exercise export control on specific items and technologies
other than those listed in the Control List in accordance with the provisions of these Regulations.

   Article 18 Those who export missile-related items and technologies without being licensed, or export missile-related items and technologies
beyond the scope of the export licence without authorization, shall be investigated for criminal liability in accordance with the
provisions of the criminal law on the crime of smuggling, the crime of illegal business operations, the crime of divulging State
secrets or other crimes; if such acts are not serious enough for criminal punishment, by distinguishing different circumstances,
they shall be punished in accordance with relevant provisions of the Customs Law, or be given a warning, confiscated of their illegal
income, and fined not less than one time but not more than five times the illegal income by the competent foreign economic and trade
department of the State Council; the competent foreign economic and trade department of the State Council may concurrently suspend
or even revoke the licensing for their foreign trade operations.

   Article 19 Those who forge, alter, buy or sell the licence for the export of missile-related items and technologies shall be investigated for
criminal liability in accordance with the provisions of the criminal law on the crime of illegal business operations or the crime
of forging, altering, buying or selling official documents, certificates or seals of a State organ; if such acts are not serious
enough for criminal punishment, they shall be punished in accordance with relevant provisions of the Customs Law, and the competent
foreign economic and trade department of the State Council may concurrently revoke the licensing for their foreign trade operations.

   Article 20 Where a license for the export of missile-related items and technologies is obtained by fraud or other illegal means, the competent
foreign economic and trade department of the State Council shall revoke such an export license, confiscate the illegal income, impose
a fine of not more than the illegal income, and suspend or even revoke the licensing for their foreign trade operations.

   Article 21 Where, in violation of Article 7 of these Regulations, the export of missile-related items and technologies is operated without registration,
the competent foreign economic and trade department of the State Council shall ban such illegal activities according to law, and
relevant competent departments of the State shall impose punishment thereon in accordance with relevant laws and administrative regulations.

   Article 22 Where the State functionaries in charge of control on the export of missile-related items and technologies abuse their powers, neglect
their duties or extort or accept money or properties from others by taking advantage of their positions, they shall be investigated
for criminal liability in accordance with the provisions of the criminal law on the crime of abuse of power, the crime of neglect
of duties, the crime of accepting bribes and other crimes; if such acts are not serious enough for criminal punishment, they shall
be given administrative sanctions according to law.

   Article 23 In light of actual situations, the competent foreign economic and trade department of the State Council may, jointly with relevant
departments, amend the Control List and submit it to the State Council and the Central Military Commission for approval before implementation.

   Article 24 These Regulations shall be effective as of the date of promulgation.

ANNEX

THE MISSILES AND MISSILE-RELATED ITEMS AND TECHNOLOGIES EXPORT CONTROL LIST

1. INTRODUCTION

(1) Part 1 of this List includes missiles and other delivery systems (including ballistic missiles, cruise missiles, rockets and unmanned
air vehicles) as well as their specially designed items and technologies. Part 2 includes items and technologies related to Item
1 of Part 1.

(2) If a Part 1 item is included in a system, that system will also be considered as a Part 1 item, except when the incorporated item
cannot be separated, removed or duplicated and the system is designed for civilian uses, where the item will be considered as a Part
2 item.

(3) All items listed in this List include their directly related technologies.

2. DEFINITIONS

For the purpose of this List, the following definitions apply:

(1) “Technology” means specific information which is required for the “development”, “production” or “use” of a product. The information
may take the form of “technical data” or “technical assistance”. But “technology” does not include technology “in the public domain”
nor “basic scientific research”.

(a) “In the public domain” as it applies to this List means technology which has been made available without restrictions upon its
further dissemination. (Copyright restrictions do not remove technology from being “in the public domain”.)

(b) “Basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental
principles of phenomena and observable facts, not primarily directed towards a specific practical aim or objective.

(2) “Development” is related to all phases prior to “production” such as:

(a) Design

(b) Design research

(c) Design analysis

(d) Design concepts

(e) Assembly and testing of prototypes

(f) Pilot production schemes

(g) Design data

(h) Process of transforming design data into a product

(i) Configuration design

(j) Integration system design

(k) Layouts

(3) “Production” means all production phases such as:

(a) Production engineering

(b) Manufacture

(c) Integration

(d) Assembly

(e) Inspection

(f) Testing

(g) Quality assurance

(4) “Use” means:

(a) Operation

(b) Installation (including on-site installation)

(c) Maintenance

(d) Repair

(e) Overhaul

(f) Refurbishing

(5) “Technical data” may take forms such as:

(a) Blueprints

(b) Plans

(c) Diagrams

(d) Models

(e) Formulae

(f) Engineering designs and specifications

(g) Manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.

(6) “Technical assistance” may take forms such as:

(a) Instruction

(b) Skills

(c) Training

(d) Working knowledge

(e) Consulting services

(7) “Production facilities” means equipment and specially designed software therefor integrated into installations for “development”
or for one or more phases of “production”.

(8) “Production equipment” means tooling, templates, jigs, mandrels, moulds, dies, fixtures, alignment mechanisms, test equipment,
other machinery and components therefor, limited to those specially designed or modified for “development” or for one or more phases
of “production”.

PART I

1. Complete ballistic missiles, space launch vehicles, sounding rockets, cruise missile and unmanned air vehicles that can be used
to deliver at least a 500 kg payload to a range of at least 300 km as well as the specially designed production facilities therefor.

2. The following items usable in the systems in Item 1:

(1) Individual stages of a ballistic missile;

(2) Individual stages of a rocket;

(3) Reentry vehicles of missiles;

(4) Heat shields and components fabricated of ceramic materials used in Subitem (3);

(5) Heat shields and components fabricated of ablative materials used in Subitem (3);

(6) Heat sinks and components fabricated of light-weight, high heat capacity materials used in Subitem (3);

(7) Electronic equipment specially designed for Subitem (3);

(8) Storable liquid propellant rocket engines, having a thrust force of 90 kN or greater;

(9) Solid propellant rocket engines, having a total impulse capacity of 1100 kN s or greater;

(10) Guidance sets capable of achieving system accuracy of 10 km or less (CEP) for ballistic missiles with a range of 300 km;

(11) Thrust vector control sub-systems;

(12) Warhead safing, arming, fuzing, and firing mechanisms;

(13) Production facilities and equipments designed for Subitems (1) to (12).

3. Interstage mechanisms for space launch vehicles and the specially designed production equipment therefor.

4. Rocket motor cases and the specially designed production equipment therefor.

5. Hydraulic, mechanical, electro-optical, or electro-mechanical flight control systems specially designed or modified for the systems
in Item 1 of Part I.

6. Attitude control equipment specially designed or modified for the systems in Item 1 of Part I.

7. Design technology for integration of air vehicle fuselage, propulsion system and lifting control surfaces to optimize aerodynamic
performance throughout the flight regime of an unmanned air vehicle.

8. Design technology for integration of the guidance, flight control, and propulsion data into a flight management system for optimization
of trajectory of ballistic missiles or space launch vehicles.

9. Passive interferometer equipment usable in the systems in Item 1.

10. Apparatus and devices designed or modified for the handling, control, activation and launching of the systems in Item 1.

11. Vehicles designed or modified for the transport, handling, control, activation and launching of the systems in Item 1.

12. Gravity meters, gravity gradiometers, and specially designed components therefor, for airborne or marine use, and having a static
or operational accuracy of one milligal or better, with a time to steady-state registration of two minutes or less;

13. Precision tracking systems:

(1) Tracking systems which use a translator installed on the rocket system or unmanned air vehicle in conjunction with either surface
or airborne references or navigation satellite systems to provide real-time measurements of in-flight position and velocity;

(2) Software which processes post-flight, recorded data, enabling determination of vehicle position throughout its flight path.

14. Structure specially designed for reduced radar reflectivity.

15. Structural material specially designed for reduced radar reflectivity.

16. Coatings specially designed for reduced radar reflectivity.

17. Coatings specially designed for reduced optical reflectivity or emissivity.

18. Production equipment, technology and specially designed software usable in Items 14 to 17 above.

19. Technology and specially designed software for reduced radar reflectivity, ultraviolet/infrared signatures or acoustic signatures.

PART II

1. Reentry Vehicle Components and Technology Thereof

(1) Design and manufacturing technology for ceramic heat shields;

(2) Design and manufacturing technology for ablative heat shields;

(3) Design and manufacturing technology for heat sinks and components thereof;

(4) Structure for protection against electromagnetic pulse (EMP) and X-rays and shock wave and combined blast and thermal effects:

(a) Radiation-hardened microcircuits and detectors;

(b) Hardened radome structure designed to withstand a combined thermal shock greater than 418 J/cm2 accompanied by a peak over pressure
of greater than 50 kPa.

(5) Design technology for radiation hardenning;

(6) Design technology for hardened structure.

2. Propulsion Components and Technology Thereof

(1) Lightweight turbojet engines that are small and fuel efficient;

(2) Lightweight turbofan engines that are small and fuel efficient;

(3) Lightweight turbocompound engines that are small and fuel efficient;

(4) Ramjet engines;

(5) Scramjet engines;

(6) Pulse jet engines;

(7) Combined cycle engines;

(8) Devices to regulate combustion for the above Subitems (4) to (7);

(9) Liquid and slurry propellant control systems, and specially designed components thereof, designed or modified to operate in vibration
environments of more than 10 g (RMS) between 20 Hz and 2,000 Hz:

(a) Servo valves designed for flow rates of 24 liters per minute or greater, at an absolute pressure of 7,000 kPa or greater, that
have an actuator response time of less than 100 microseconds;

(b) Pumps, for liquid propellants, with shaft speeds equal to or greater than 8,000 RPM or with discharge pressures equal to or greater
than 7,000 kPa.

(10) Production facilities specially designed for the above Subitems (1) to (9).

3. Liquid Propellants

(1) Hydrazine with a concentration of more than 70 percent;

(2) Unsymmetric dimethylhydrazine (UDMH);

(3) Monomethylhydrazine (MMH);

(4) Mixed amine;

(5) Dinitrogen tetroxide;

(6) Red Fuming Nitric Acid.

4. Solid Propellant and Propellant Constituents

(1) Metal fuels with particle sizes less than 500 mm, whether spherical, atomized, spheroidal, flaked or ground, consisting of 97
percent by weight or greater of any of the following metal and alloys of these:

(a) Zirconium;

(b) Boron;

(c) Magnesium;

(d) Titanium;

(e) Uranium;

(f) Tungsten;

(g) Zinc;

(h) Cerium.

(2) Ammonium perchlorate with particle sizes less than 500 mm;

(3) Spherical aluminum powder meeting the following requirements:

(a) With particle of uniform diameter;

(b) With aluminum content of 97 percent or greater;

(c) With diameter of less than 500 mm.

(4) Boron Slurry, having an energy density of more than 40 x 106 J/kg;

(5) Nitro-amines:

(a) Cyclotetramethylene-tetranitramene (HMX);

(b) Cyclotrimethylene-trinitramine (RDX).

(6) Composite Propellants:

(a) Molded colloid propellants;

(b) Propellant including nitrate bonding agents and with an aluminum (particle) content of 5 percent or greater.

(7) Polymeric substances:

(a) Carboxl-terminated polybutadiene (CTPB);

(b) Hydroxy-terminated polybutadiene (HTPB).

(8) Triethylamine as an igniting agent.

5. Guidance and Control Set, Components and Related Technologies

(1) Gyro-astro compasses and other devices which derive position or orientation by means of automatically tracking celestrial bodies
or satellites;

(2) Flight control software and related test software;

(3) Gyro stability platform;

(4) Automatic pilots for UAV;

(5) Gyros with a rated drift rate stability of less than 0.5 degree per hour;

(6) Test table for inertial platform (including high-accuracy centrifuges and rotating table);

(7) Inertial Measurement Unit (IMU) tester;

(8) Inertial Measurement Unit (IMU) stable element handling fixture;

(9) Inertial Measurement Unit (IMU) platform balance fixture;

(10) Tester for gyro tuning;

(11) Tester for gyro dynamic balance;

(12) Gyro run-in/motor test station;

(13) Gyro evacuation and filling station;

(14) Centrifuge fixture for gyro bearings;

(15) Rectangular scatterometer for ring laser gyro production;

(16) Polarity scatterometer for ring laser gyro production;

(17) Reflectometer for ring laser gyro production;

(18) Surface profilometer for ring laser gyro production;

(19) Accelerometers with a proportional error of 0.25 percent or less;

(20) Accelerometer test station;

(21) Accelerometer axis align station;

(22) Specially designed test, calibration, and alignment equipment for gyro or accelerometer.

6. Target Detection System and Related Electronics

(1) Radar systems;

(2) Altimeters;

(3) Terrain contour mapping equipment;

(4) Scene mapping and correlation (both digital and analog) equipment;

(5) Imaging sensor equipment;

(6) Processors and software specially designed for processing navigation information;

(7) Electronic devices and components removed of conductive heat;

(8) Radiation-hardened electronic devices and components;

(9) Electronic assemblies and components operating at temperatures in excess of 125 C for a short period of time;

(10)Electronic devices and components with specially designed integrated support;

(11) Telemetry equipment and related technologies;

(12) Telemetering and telecontrol ground equipment;

(13) Analogue computers and digital computers having either of the following characteristics:

(a) Rated for continuous operation at temperatures from below minus 45 C to above plus 55 C;

(b) Designed as ruggedized or radiation hardened.

(14) Analogue-to-digital converter having one of the following characteristics:

(a) Rated for operation at temperatures from below minus 54 C to above plus 125 C, and

(b) Designed to meet military specifications for ruggedized equipment; or

(c) Designed or modified for military use or designed as radiation hardened, and having one of the following characteristics:

Converting at a rate of over 200000 times (complete conversion) per second under rated accuracy;

With accuracy exceeding 1/10000 of the whole range in the rated temperature scope;

With quality factor of over 1 108 (complete conversion times per second divided by accuracy);

The inbuilt microcircuits having the following characteristics:

(A) The maximum converting time is less than 20 microseconds under maximum resolution, and

(B) The rated nonlinearity is better than 0.025 percent of the range in rated temperature scope.

(15) Design technology for protection of avionics and electrical subsystems against electromagnetic pulse and electromagnetic interference
hazards from external sources:

(a) Design technology for shielding systems;

(b) Design technology for the configuration of hardened electrical circuits and subsystems;

(c) Determination of hardening criteria for the above.

7. Material

(1) Structural composites, including composite structures, laminates, and manufactures thereof, and resin impregnated fibre prepregs
and metal coated fibre preforms therefor, made with either organic matrix or metal matrix utilizing fibrous or filamentary reinforcements
having a specific tensile strength greater than 7.62 x 104 m and a specific modulus greater than 3.18 x 106 m:

(a) Polyimide composite;

(b) Polyamide composite;

(c) Polycarbonate composite;

(d) Quartz-fibre-reinforced composite;

(e) Carbon-fibre-reinforced composite;

(f) Boron-fibre-reinforced composite;

(g) Magnesium matrix composite;

(h) Titanium matrix composite.

(2) Ceramic composite materials with dielectric constant less than 6 at frequencies from 100 Hz to 10,000 MHz;

(3) Fine grain bulk artificial graphites having the following features measured at 20 C:

(a) With a bulk density of at least 1.72 g/cm3;

(b) With a tension rupture strain of at least 0.7 percent;

(c) With a heat expansion coefficient of at least 2.75 10-6 (measured at temperatures from 20 C to 982 C).

(4) Resaturated pyrolized carbon-carbon materials;

(5) Special Steel:

Titanium-stabilized duplex stainless steel (Ti-DSS) having the following characteristics:

(a) Containing 17.0 to 26.5 weight percent chromium and 4.5 to 7.0 weight percent nickel;

(b) Having a ferritic-austenitic microstructure (also referred to as a two-phase microstructure) of which at least 10 percent is austenite
by volume;

(c) Having any of the following forms:

Ingots or bars having a size of 100 mm or more in each dimension;

Sheets having a width of 600 mm or more and a thickness of 3 mm or less;

Tubes having an outer diameter of 600 mm or more and a wall thickness of 3 mm or less.

(6) Ceramic heat shielding material;

(7) Ablative heat shielding material.

8. Design and Test Equipment and Technologies Related to Ballistic Missiles and Rockets

(1) Specially designed software, or analogue and digital computers thereof, for modeling, simulation, or design integration of the
systems;

(2) Vibration test systems capable of providing a force of 100kN or more and incorporating a digital controller, as well as specially
designed vibration test auxiliaries and software;

(3) Wind-tunnel for supersonic (Mach 1.4 to 5) or hypersonic (Mach 5 to 15) speeds except those specially designed for teaching and
those with the test area dimensions smaller than 25 cm (measured internally);

(4) Test benches which have the capacity to handle solid or liquid propellant rocket motors of more than 90 kN of thrust, or which
are capable of simultaneously measuring the three axial thrust components.

9. Production Equipment and Production Technology

(1) Equipment for production of solid propellants listed in Item 4 of Part II:

(a) Batch mixers having:

A total volumetric capacity of 110 litres or more; and

At least one mixing/kneading shaft mounted off centre.

(b) Continuous mixers having:

Two or more mixing/kneading shafts; and

Capability to open the mixing chamber.

(c) Equipment for the production of atomized or spherical metallic powder in a controlled environment;

(d) Fluid energy mills;

(e) Handling equipment for production of solid propellant;

(f) Curing equipment for production of solid propellant;

(g) Casting equipment for production of solid propellant;

(h) Pressing equipment for production of solid propellant;

(i) Acceptance testing equipment for production of solid propellant;

(j) Machining equipment for production of solid propellant;

(k) Extruding equipment for production of solid propellant.

(2) Equipment for producing liquid propellant in Item 3 of Part II:

(a) Handling equipment for production of liquid propellant;

(b) Production equipment for liquid propellant;

(c) Acceptance testing equipment for production of liquid propellant.

(3) Pyrolytic deposition and densification equipment and technology

(a) Technology for producing pyrolytically derived materials formed on a mould, mandrel or other substrate from precursor gases which
decompose at temperatures from 1,300 C to 2,900 C and at pressures of 130 Pa to 20 kPa, including technology for the composition
of precursor gases, flow-rates and process control schedules and parameters;

(b) Specially designed nozzles for the above processes;

(c) Isostatic presses having all of the following characteristics:

Maximum working pressure of 69 MPa or greater;

Designed to achieve and maintain a controlled thermal environment of 600 C or greater, and

Possessing a chamber cavity with an inside diameter of 254 mm or greater.

(d) Chemical vapor deposition furnaces for the densification of carbon-carbon composites;

(e) Pyrolytic deposition and densification process controls equipment and specially designed software therefor.

(4) Equipment and technology for production of composite component:

(a) Filament winding machines coordinated and programmed in three or more axes, and specially designed computers and software thereof;

(b) Tape-laying machines coordinated and programmed in two or more axes, and specially designed software thereof;

(c) Adapters and modification kits of weaving machines for fibre structure composites;

(d) Technical data and procedures for the regulation of temperature, pressures or atmosphere in autoclaves or hydroclaves;

(e) Equipment for converting polymeric fibres (such as polyacrylonitrile, rayon or polycarbosilane) including special provision to
strain the fibre during heating;

(f) Equipment for the vapor deposition of elements or compounds on heated filament substrates;

(g) Equipment for the wet-spinning of refractory ceramics (such as aluminium oxide);

(h) Equipment for special fibre surface treatment;

(i) Equipment for producing prepregs and preforms;

(j) Moulds, mandrels, dies, fixtures and tooling for the preform pressing, curing, casting, sintering or bonding of composite structures,
laminates and manufactures thereof.

    

Source:MOFTEC






OFFICIAL REPLY OF THE STATE ADMINISTRATION OF TAXATION ON TAX TREATMENT TOWARDS INCOME FROM RELOCATION COMPENSATION RECEIVED BY ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES

The State Administration of Taxation

Official Reply of the State Administration of Taxation on Tax Treatment towards Income from Relocation Compensation Received by Enterprises
with Foreign Investment and Foreign Enterprises

The State Administration of Taxation

January 29, 2003

Guangdong State Tax Bureau:

Your Request for Exemption of Enterprise Income Tax on the Income of Relocation Compensation Received by ShanWeiJianSheng Abalone
Company Ltd (YueGuoShuiFa [2002] No.321) has been duly received. The Official Reply is hereby made, after discussion, on tax treatment
towards the income from relocation compensation received by an enterprise with foreign investment or a foreign enterprise (hereinafter
referred to as the “Enterprise”) for relocation due to various reasons:

I.

For the Enterprise receiving income from relocation compensation, where after relocation, which will re-purchases or builds fixed
assets same or similar to those before relocation (hereinafter referred to as the “replacement fixed assets”), the surplus reached
after deducting depreciated net value of the various dismantled fixed assets and disposal expenses thereof from the amount of above
income of relocation compensation plus proceeds realized in sales of the various dismantled fixed assets shall be used to set-off
the original price of the replacement fixed assets of the Enterprise.

II.

For the Enterprise receiving income of relocation compensation, where after relocation, which will no longer re-purchases or builds
fixed assets same or similar to those before relocation, then the surplus reached after deducting depreciated net value of the various
dismantled fixed assets and disposal expenses thereof from the amount of above income of relocation compensation plus proceeds realized
in sales of the various dismantled fixed assets shall be listed in the taxable income of the Enterprise in current period, upon which
Enterprise income tax shall be paid after calculation, according to Article 44 of the Rules of Implementation of the Income Tax
Law of the Enterprises with Foreign Investment and Foreign Enterprises of the People’s Republic of China.



 
The State Administration of Taxation
2003-01-29

 







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...