Constitution

REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON FISHING VESSEL INSPECTION

The State Council

Decree of the State Council of the People’s Republic of China

No.383

The Regulations of the People’s Republic of China on Fishing Vessel Inspection, which were adopted at the 11th executive meeting of
the State Council on June 11, 2003, are hereby promulgated and shall come into force on August 1, 2003.

Wen Jiabao, Premier of the State Council

June 27, 2003

Regulations of the People’s Republic of China on Fishing Vessel Inspection

Chapter I General Provisions

Article 1

In order to regulate the inspection of fishing vessels, to guarantee that the fishing vessels have the conditions for safe voyage
and operation, to safeguard the safety of the fishing vessels and the life and properties of the fishermen, and to prevent environmental
pollution, the Regulations are formulated in accordance with the Fishing Law of the People’s Republic of China.

Article 2

The Regulations shall apply to the inspection of the fishing vessels that are registered and are to be registered in the People’s
Republic of China (hereinafter referred to as fishing vessels). Accessory fishing vessels engaging in international shipping shall
be exempted.

Article 3

The administrative department of fishing under the State Council shall be in charge of the inspection of fishing vessels, as well
as the supervision and administration thereof, of the whole nation.

The Bureau of Fishing Vessel Inspection of the People’s Republic of China (hereinafter referred to as the state fishing vessel inspection
agency) shall exercise the function of fishing vessel inspection and of the supervision and administration thereof.

The local agencies of fishing vessel inspection shall, pursuant to the Provisions hereof, be responsible for the relevant fishing
vessel inspection work.

The departments of public security, frontier defense, quality supervision, and industry and commerce administration, etc. at various
levels shall, within the scope of their respective duties, assist in the work of fishing vessel inspection and of supervision and
administration.

Article 4

The state applies compulsory inspection to fishing vessels. Compulsory inspection is divided into preliminary inspection, operation
inspection, and temporary inspection.

Article 5

The principles of giving priority to safety, guaranteeing quality, and facilitating fishermen shall be abided by in the inspection
of fishing vessels.

Chapter II Preliminary Inspection

Article 6

Preliminary inspection of fishing vessel refers to the overall inspection carried out over a fishing vessel by the agency of fishing
vessel inspection before that vessel is put into operation.

Article 7

The owner or operator of any of the following fishing vessels shall apply for a preliminary inspection:

1)

Manufactured fishing vessels;

2)

Rebuilt fishing vessels (including the fishing vessels rebuilt from non-fishing vessels, and the ocean fishing vessels rebuilt from
fishing vessels sailing within China);

3)

Imported fishing vessels.

Article 8

With respect to manufactured and rebuilt fishing vessels, the design drawings and technical documents thereof shall be subject to
the examination and approval by the agency of fishing vessel inspection, and the preliminary inspection shall be applied for prior
to the start of manufacturing or rebuilding. The agency of fishing vessel inspection shall, within 20 workdays upon receipt of the
design drawings and technical documents, make the examination decision and notify the party concerned in writing.

The entities that design, manufacture, and rebuild fishing vessels shall meet the conditions set forth by the state, and abide by
the technical rules for fishing vessels of the state.

Article 9

The preliminary inspection of a fishing vessel to be manufactured or rebuilt shall be carried out at the same time with the manufacturing
or rebuilding.

The important equipment, parts, and materials that are used to manufacture or rebuild a fishing vessel and that are related to the
voyage, operation, personal and property safety, and prevention of environmental pollution shall, before being used, go through the
inspection by the agency of fishing vessel inspection, and only those passing the inspection may be used.

The catalogue of the important equipments, parts and materials subject to inspection as specified in the preceding paragraph shall
be formulated by the administrative department of fishing under the State Council.

Article 10

With respect to imported fishing vessels, the design drawings and technical documents thereof shall be subject to the examination
and confirmation by the agency of fishing vessel inspection, and the preliminary inspection shall be applied for before the vessels
are put into operation. With respect to import of old fishing vessels, the technical assessment certificate for old fishing vessels
issued by the agency of fishing vessel inspection of the state shall be obtained before the import.

Article 11

With respect to the fishing vessels passing the inspection, the agency of fishing vessel inspection shall issue the certificate of
fishing vessel inspection within 5 workdays upon the completion of the inspection; and with respect to those failing the inspection,
the agency shall notify the parties concerned in writing, and explain the reasons thereto.

No entity or individual may change, without authorization, the tonnage, load line, main engine power, fixed personnel number, and
navigable areas of a fishing vessel that has passed the inspection; or remove without authorization any of its important equipment
or parts that are related to the voyage, operation, personal and property safety, and prevention of environmental pollution. Where
alteration or removal is necessary, ratification shall be obtained from the agency of fishing vessel inspection that made the inspection.

Article 12

The preliminary inspection of imported fishing vessels and ocean fishing vessels shall be organized by the state fishing vessel inspection
agency in a unified way. The preliminary inspection of any other fishing vessel shall be implemented by the agency of fishing vessel
inspection of the port of registry; where the place of manufacturing or place of rebuilding of a fishing vessel is inconsistent with
the port of registry of that vessel, the preliminary inspection shall be implemented by the agency of fishing vessel inspection of
the place of manufacturing or rebuilding; that agency of fishing vessel inspection shall, within 5 workdays upon completion of inspection,
handover the technical materials, such as the inspection report, and inspection records, etc., to the agency of fishing vessel inspection
of the port of registry.

Chapter III Operation Inspection

Article 13

Operation inspection of fishing vessel refers to the conventional inspection carried out over a fishing vessel in operation by the
agency of fishing vessel inspection.

Article 14

The owner or operator of a fishing vessel in operation shall apply for operation inspection pursuant to the time provided for by the
administrative department of fishing under the State Council.

An agency of fishing vessel inspection shall carry out inspection of the following items pursuant to the provisions of the administrative
department of fishing under the State Council and according to the operation term and safety requirements of the fishing vessels:

1)

Structure and the mechanical and electrical equipment of the fishing vessel;

2)

Equipments and parts related to the safety of the fishing vessel;

3)

Equipments and parts related to the prevention of environmental pollution;

4)

Other inspection items specified by the administrative department of fishing under the State Council.

Article 15

An agency of fishing vessel inspection shall carry out an operation inspection within 3 workdays from the day on which the fishing
vessel applying for inspection reaches the place of inspection. If the vessel passes the inspection, the agency shall affix opinions
on or issue the certificate of fishing vessel inspection within 5 workdays upon the completion of the inspection; in the event of
issuing inspection certificate for an ocean fishing vessel inspected overseas, the period may be extended for 15 workdays. If the
vessel fails the inspection, the agency shall notify the party concerned in writing and explain the reasons thereto.

Article 16

Where a fishing vessel needs to be repaired upon inspection, the owner or operator of that vessel shall select a repairer that meets
the conditions provided for by the state. The repair of fishing vessels shall be in compliance with the technical rules on fishing
vessels of the state.

The important equipment, parts, and materials that are used to repair a fishing vessel and that are related to the voyage, operations,
personal and property safety, and prevention of environmental pollution shall, before being used, go through the inspection by the
agency of fishing vessel inspection, and only those passing the inspection may be used.

Article 17

Where a fishing vessel in operation needs to change any of the important equipment, parts, and materials that are related to the voyage,
operation, personal and property safety, and prevention of environmental pollution, the owner or operator of that vessel shall abide
by Paragraph 2 of Article 16 hereof.

Article 18

The operation inspection of ocean fishing vessels shall be organized by the state fishing vessel inspection agency in a unified way.
The operation inspection of any other fishing vessel shall be implemented by the agency of fishing vessel inspection of the port
of registry; where a fishing vessel is unable to return to the port of registry for the operation inspection, the agency of fishing
vessel inspection of the port of registry shall entrust the correspondent agency of the place of operation or repair of that vessel
to make the inspection; the agency of fishing vessel inspection that makes the inspection shall, within 5 workdays upon the completion
of the inspection, handover the technical materials, such as the inspection report, and inspection records, etc., to the agency of
fishing vessel inspection of the port of registry.

Chapter IV Temporary Inspection

Article 19

Temporary inspection of fishing vessel refers to the unconventional inspection carried out by the agency of fishing vessel inspection
over a fishing vessel in operation that is involved in certain circumstances.

Article 20

With respect to any of the fishing vessels involved in any of the following circumstances, the owner or operator shall apply for the
temporary inspection:

1)

Being unable to return to the port of registry in time as a result of invalidation of the inspection certificate;

2)

Being ordered to be inspected for inconformity with the relevant requirements of the laws and regulations on water transportation
safety or environmental protection;

3)

Being in any other specific circumstances provided for by the administrative department of fishing under the State Council.

Article 21

An agency of fishing vessel inspection shall carry out a temporary inspection within 2 workdays from the day on which the fishing
vessel applying for inspection reaches the place of inspection. If the vessel passes the inspection, the agency shall affix opinions
on or issue the certificate of fishing vessel inspection within 3 workdays upon the completion of the inspection; if the vessel fails
the inspection, the agency shall notify the party concerned in writing and explain the reasons thereto.

Article 22

The division of jurisdiction over temporary inspection of fishing vessels shall comply with the provisions of Article 18 hereof on
the division of jurisdiction over operation inspection.

Chapter V Supervision and Administration

Article 23

An agency of fishing vessel inspection may not accept the applications for inspection with respect to the fishing vessels involved
in any of the following circumstances:

1)

Those of which the design drawings and technical documents are not examined and approved or confirmed by the agency of fishing vessel
inspection;

2)

Those manufactured or rebuilt in violation of Paragraph 2 of Article 8 and Paragraph 2 of Article 9 of the Regulations;

3)

Those repaired in violation of Article 16 or 17 of the Regulations.

Article 24

Local agencies of fishing vessel inspection shall carry out the inspection within the scope ratified by the state fishing vessel inspection
agency.

Article 25

The personnel engaging in fishing vessel inspection shall pass the examination by the agency of fishing vessel inspection of the state
before taking the corresponding fishing vessel inspection work.

Article 26

Fishing vessel inspection agencies and the inspection personnel thereof shall strictly abide by the rules for fishing vessel inspection,
carry out the inspection on spot, and be responsible for the inspection conclusions.

The rules for fishing vessel inspection shall be formulated by the state fishing vessel inspection agency, and be promulgated for
implementation upon approval by the administrative department of fishing under the State Council.

Where the state has not formulated corresponding inspection rules for the fishing vessels or products for vessel use that are newly
created, the inspection rules acknowledged by the state fishing vessel inspection agency may be applied.

Article 27

A party having any objection to the inspection conclusion of a local agency of fishing vessel inspection may apply for re-inspection
pursuant to the provisions of the state fishing vessel inspection agency.

Article 28

The charges for inspection of fishing vessels shall comply with the charging standards stipulated by the administrative departments
of price and finance under the State Council.

Article 29

The formats of the inspection certificate, inspection records, and inspection report of fishing vessels, as well as the official inspection
stamp, shall be set forth by the state fishing vessel inspection agency in a unified way.

Article 30

The fishing vessel inspection personnel, when performing duties according to law, shall have the right to check the inspection certificates
and technical status of the fishing vessels, and the relevant entities and individuals shall cooperate.

The investigation and handling of major maritime casualties of fishing vessels shall have the participation of the agency of fishing
vessel inspection.

Article 31

With respect to a fishing vessel in any of the following circumstances, the owner or operator thereof shall, 7 workdays prior to the
day of disuse, registry alteration, or rebuilding of the fishing vessel or within 20 workdays upon loss of the fishing vessel, apply
for writing off the certificate of fishing vessel inspection with the agency of fishing vessel inspection; for failure to file the
application within the said time limit, the certificate of fishing vessel inspection shall be invalidated as of the day of completion
of the registry alteration or rebuilding of the fishing ship or the day of disuse or loss of the fishing vessel, and the agency of
fishing vessel inspection shall write off the certificate of fishing vessel inspection:

1)

Being disused pursuant to the relevant provisions of the state;

2)

Alteration of registry from China to any foreign country;

3)

Being rebuilt from a fishing vessel to a non-fishing vessel;

4)

Being lost as the result of sinking, etc.

Chapter VI Legal Liabilities

Article 32

If any fishing vessel, in violation of the Regulations, goes into operation in water without being inspected and obtaining the certificate
of fishing vessel inspection, that fishing vessel shall be confiscated.

If any fishing vessel that should be disused pursuant to the provisions continues to operate, the operation shall be ordered to be
stopped immediately, the invalidated certificate of fishing vessel inspection shall be withdrawn, the fishing vessel that shall be
disused shall be dismantled forcibly, and a fine ranging from 2,000 Yuan to 50,000 Yuan shall be imposed concurrently; and the criminal
liabilities shall be investigated for according to law if a crime is constituted.

Article 33

For failure to, in violation of the Regulations, apply for operation inspection or temporary inspection for any fishing vessel for
which the inspection shall be applied for, that vessel shall be ordered to be stopped from operation and the inspection shall be
applied for within a prescribed time limit; for failure to apply for the inspection within the said time limit, a fine ranging from
1,000 Yuan to 10,000 Yuan shall be imposed, and the certificate of fishing vessel inspection may be suspended.

Article 34

If any party, in violation of the Regulations, commits any of the following acts, that party shall be ordered to correct the act immediately,
and be imposed on a fine ranging from 2,000 Yuan to 20,000 Yuan; if the vessel is being operated, the operation shall be ordered
to be stopped immediately; if the party refuses to correct the act or refuses to stop the operation, the important equipment, parts
and materials illegally used shall be dismantled forcibly or the certificate of fishing vessel inspection shall be suspended; and
the criminal liabilities shall be investigated for according to law if a crime is constituted:

1)

Using any important equipment, parts, and materials that are related to the voyage, operations, personal and property safety, and
prevention of environmental pollution and that have not passed the inspection to manufacture, rebuild, or repair a fishing vessel;

2)

Dismantling without authorization any of the important equipment and parts that are related to the voyage, operations, personal and
property safety, and prevention of environmental pollution;

3)

Changing without authorization the tonnage, load line, main engine power, fixed personnel number, or navigable areas of a fishing
vessel.

Article 35

If any working person of the agency of fishing vessel inspection takes up the work of fishing vessel inspection without passing the
examination, that person shall be ordered to stop the inspection work immediately, and be imposed on a fine ranging from 1,000 Yuan
to 5,000 Yuan.

Article 36

If any party, in violation of the Regulations, is involved in any of the following circumstances, that party shall be ordered to correct
the act immediately, and the directly liable personnel in charge and other directly liable personnel shall be given the sanctions
of demotion, removal from post, or cancellation of inspection qualification; the criminal liabilities shall be investigated for according
to law if a crime is constituted; and the certificate of fishing vessel inspection already issued shall be invalidated:

1)

Failing to carry out the inspection pursuant to the relevant provisions of the administrative department of fishing under the State
Council;

2)

Issuing the certificate of fishing vessel inspection issued or the inspection records or inspection report that are inconsistent with
the actual status of the fishing vessel;

3)

Carrying out the fishing vessel inspection beyond the prescribed authority.

Article 37

Forged or altered certificates of fishing vessel inspection, inspection records or inspection reports, and privately engraved official
stamp of fishing vessel inspection shall be confiscated; and the criminal liabilities shall be investigated for according to law
if a crime is constituted.

Article 38

The administrative punishments provided for in the Regulations shall be decided by the administrative departments of fishing of the
people’s governments of county level and above or the administrative enforcement agencies of fishing affiliated thereto.

Where the organs making administrative punishments specified in the preceding paragraph, or the functionary thereof accept money or
properties, or other benefits from others by taking advantage of the post, or fail to perform the supervision duties, or fail to
investigate the illegal acts that have been found out, or has any other act of neglect of duties, abuse of powers, or seeking private
benefits through wrongful means, and constitutes a crime, the directly liable person in charge and other directly liable persons
shall be investigated for criminal liabilities according to law; and administrative sanctions shall be given if a crime has not been
constituted.

Chapter VII Supplementary Provisions

Article 39

Where the flag country of a foreign fishing vessel entrusts the People’s Republic of China to inspect that vessel, the provisions
of the Regulations shall be followed in the execution.

Article 40

The Regulations shall come into force on August 1, 2003.



 
The State Council
2003-06-27

 







AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF DJIBOUTI ON THE PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF DJIBOUTI ON THE PROMOTION
AND PROTECTION OF INVESTMENTS

The Government of the People’s Republic of China and the Government of the Republic of Djibouti (hereinafter referred to as the Contracting
Parties),

Intending to create favorable conditions for investment by investors of one Contracting Party in the territory of the other Contracting
Party;

Recognizing that the reciprocal encouragement, promotion and protection of such investment will be conducive to stimulating business
initiative of the investors, flow of capital and technology, and will increase prosperity and economic development and that fair
and equitable treatment of investments is desirable in both States;

Desiring to intensify the cooperation of both States on the basis of equality and mutual benefits;

Have agreed as follows:

Article 1

DEFINITIONS

For the purpose of this Agreement,

1,

The term “investment” means every kind of asset invested by investors of one Contracting Party in accordance with the laws and regulations
of the other Contracting Party in the territory of the latter, and in particular, though not exclusively, includes:

(a)

movable and immovable property and other property rights such as mortgages and pledges;

(b)

shares, debentures, stock and any other kind of participation in companies;

(c)

claims to money or to any other performance having an economic value associated with an investment;

(d)

intellectual property rights, in particular, copyrights, patents, trade-marks, trade-names, technical process, know-how and good-will;

(e)

business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract
or exploit natural resources.

Any change in the form in which assets are invested does not affect their character as investments.

2,

The term “investor” means,

(a)

natural persons who have nationality of either Contracting Party in accordance with the laws of that Contracting Party;

(b)

economic entities, including companies, corporations, associations, partnerships and other organizations, incorporated and constituted
under the laws and regulations of either Contracting Party and have their seats in that Contracting Party.

3,

The term “return” means the amounts yielded from investments, including profits, dividends, interests, capital gains, royalties and
other legitimate income.

Article 2

PROMOTION AND PROTECTION OF INVESTMENT

1,

Each Contracting Party shall encourage investors of the other Contracting Party to make investments in its territory and admit such
investments in accordance with its laws and regulations.

2,

Investments of the investors of either Contracting Party shall be accorded fair and equitable treatment and shall enjoy the constant
protection and security in the territory of the other Contracting Party.

3,

Without prejudice to its laws and regulations, neither Contracting Party shall take any unreasonable or discriminatory measures against
the management, maintenance, use enjoyment and disposal of the investments by the investors of the other Contracting Party.

4,

Subject to its laws and regulations, one Contracting Party shall provide assistance in and facilities for obtaining visas and working
permit to nationals of the other Contracting Party engaging in activities associated with investments made in the territory of that
Contracting Party.

Article 3

TREATMENT OF INVESTMENT

1,

Investments of investors of each Contracting Party shall all the time be accorded fair and equitable treatment in the territory of
the other Contracting Party.

2,

Without prejudice to its laws and regulations, each Contracting Party shall accord to investments and activities associated with
such investments by the investors of the other Contracting Party treatment not less favorable than that accorded to the investments
and associated activities by its own investors.

3,

neither Contracting Party shall subject investments and activities associated with such investments by the investors of the other
Contracting Party to treatment less favorable than that accorded to the investments and associated activities by the investors of
any third State.

4,

The provisions of Paragraphs 1 to 3 of this Article shall not be construed so as to oblige one Contracting Party to extend to the
investors of the other Contracting Party the benefit of any treatment, preference or privilege by virtue of:

(a)

any customs union, free trade zone, economic union and any international agreement resulting in such customs union, free trade zone,
economic union;

(b)

any international agreement or arrangement relating wholly or mainly to taxation;

(c)

any international agreement or arrangement facilitating frontier trade.

Article 4

EXPROPRIATION

1,

Neither Contracting Party shall expropriate, nationalize or take other similar measures (hereinafter referred to as “expropriation”)
against the investments of the investors of the other Contracting party in its territory, unless the following conditions are met:

(a)

for the public interests;

(b)

under domestic legal procedure;

(c)

without discrimination;

(d)

against compensation.

2,

The compensation mentioned in Paragraph 1 of this Article shall be equivalent to the value of the expropriated investments immediately
before the expropriation is taken or the impending expropriation becomes public knowledge, which is earlier. The value shall be determined
in accordance with generally recognized principles of valuation. The compensation shall include interest from the date of expropriation
until the date of payment. The compensation shall also be made without delay, be effectively realizable and freely transferable.

Article 5

COMPENSATION FOR DAMAGES AND LOSSES

Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war, a
state of national emergency, insurrection, riot or other similar events in the territory of the latter Contracting Party, shall be
accorded by the latter Contracting Party, if it takes relevant measures, treatment, as regards restitution, indemnification, compensation
and other settlements no less favorable than that accorded to the investors of its own or any third State.

Article 6

REPATRIATION OF INVESTMENTS AND RETURNS

1,

Each Contracting Party shall, subject to its laws and regulations, guarantee to the investors of the other Contracting Party the
transfer of their investments and returns held in its territory, including:

(a)

profits, dividends, interests and other legitimate income;

(b)

proceeds obtained from the total or partial sale or liquidation of investments;

(c)

payments pursuant to a loan agreement in connection with investments;

(d)

royalties in relation to the matters in Paragraph 1 (d) of Article 1 ;

(e)

payments of technical assistance or technical service fee, management fee;

(f)

payments in connection with contracting projects;

(g)

earnings of nationals of the other Contracting Party who work in connection with an investment in its territory.

2,

Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid under Article 4 of this Agreement.

3,

The transfer mentioned above shall be made in a freely convertible currency and at the prevailing market rate of exchange applicable
within the Contracting Party accepting the investments and on the date of transfer.

Article 7

SUBROGATION

If one Contracting Party or its designated agency makes a payment to its investor under an indemnity given in respect of an investment
made in the territory of the other Contracting Party, the latter Contracting Party shall recognize the assignment of all the rights
and claims of the indemnified investor to the former Contracting Party or its designated agency, by law or by legal transactions,
and the right of the former Contracting Party or its designated agency to exercise by virtue of subrogation any such right to same
extent as the investor.

Article 8

SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES

1,

Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible,
be settled with consultation through diplomatic channel.

2,

If a dispute cannot thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an
ad hoc arbitral tribunal.

3,

Such tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, each
Contracting Party shall appoint one arbitrator. Those two arbitrators shall, within further two months, together select a national
of a third State having diplomatic relations with both Contracting Parties as Chairman of the arbitral tribunal.

4,

If the arbitral tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration,
either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to
make any necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging
the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Contracting
Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments.

5,

The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance the provisions
of this Agreement and the principles of international law recognized by both Contracting Parties.

6,

The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Contracting Parties.
The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.

7,

Each Contracting Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant
costs of the Chairman and tribunal shall be borne in equal parts by the Contracting Parties.

Article 9

SETTLEMENT OF DISPUTES BETWEEN INVESTORS AND ONE CONTRACTING PARTY

1,

Any legal dispute between an investor of one Contracting Party and the other Contracting Party in connection with an investment in
the territory of the other Contracting Party shall, as far as possible, be settled amicably through negotiations between the parties
to the dispute.

2,

If the dispute cannot be settled through negotiations within six months, the investor of one Contracting Party may submit the dispute
to the competent court of the other Contracting Party.

3,

Any dispute, if unable to be settled within six months after resort to negotiations as specified in Paragraph 1 of this Article,
shall be submitted at the request of either party to

(a)

International center for Settlement of Investment Disputes (ICSID) under the Convention on the Settlement of Disputes between States
and Nationals of Other States, done at Washington on March 18,1965; or

(b)

an ad hoc arbitral tribunal

provided that the Contracting Party involved in the dispute may require the investor concerned to exhaust the domestic administrative
review procedure specified by the laws and regulations of that Contracting Party before submission of the dispute the aforementioned
arbitration procedure.

However, if the investor concerned has resorted to the procedure specified in Paragraph 2 of this Article, the provisions of this
Paragraph shall not apply.

4,

Without prejudice to Paragraph 3 of this Article, the ad hoc arbitral tribunal referred to in Paragraph 3 (b) shall be constituted
for each individual case in the following way: each party to the dispute shall appoint one arbitrator, and these two shall select
a national of a third State which has diplomatic relations with both Contracting Parties as the Chairman. The first two arbitrators
shall be appointed within two months of the written notice requesting for arbitration by either party to the dispute to the other
and the Chairman shall be selected within four months. If, within the period specified above, the tribunal has not been constituted,
either party to the dispute may invite the Secretary General of the International Center for Settlement of Investment Disputes to
make the necessary appointments.

5,

The ad hoc arbitral tribunal shall determine its own procedure. However, the tribunal may, in the course of determination of procedure,
take as guidance the arbitration Rules of the International Center for Settlement of Investment disputes.

6,

The tribunal referred to in Paragraph 3 (a) and (b) of this Article shall reach an award by a majority of votes. Such award shall
be final and binding upon both parties to the dispute. Both Contracting Parties shall commit themselves to the enforcement of the
award.

7,

The tribunal referred to in Paragraph 3 (a) and (b) of this Article shall adjudicate in accordance with the law of the Contracting
Party to the dispute accepting the investment including its rules on the conflict of laws, the provisions of this Agreement as well
as the applicable principles of international law.

8,

Each party to the dispute shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The
relevant costs of the Chairman and tribunal shall be borne in equal parts by the parties to the dispute. The tribunal may in its
award direct that a higher proportion of the costs be borne by one of the parties to the dispute.

Article 10

OTHER OBLIGATIONS

1,

If the legislation of either Contracting Party or international obligations existing at present or established hereafter between
the Contracting Parties result in a position entitling investments by investors of the other Contracting party to a treatment more
favorable than is provided for by the Agreement, the position shall not be affected by this Agreement.

2,

Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party as
regards to their investments.

Article 11

APPLICATION

This Agreement shall apply to investment, which are made after its entry into force by investors of either Contracting Party in accordance
with the laws and regulations of the other Contracting Party in the territory of the latter.

Article 12

CONSULTATIONS

1,

The representatives of the Contracting Parties shall hold meetings from time me for the purpose of:

(a)

reviewing the implementation of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

resolving disputes arising out of investments;

(d)

forwarding proposals on promotion of investment;

(e)

studying other issues in connection with investment.

2,

Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall
give prompt response and the consultation be held alternatively in Beijing and Djibouti.

Article 13

ENTRY INTO FORCE, DURATION AND TERMINATION

1,

This Agreement shall enter into force on the first day of the following month after the date on which both Contracting Parties have
notified each other in writing that their respective internal legal procedures necessary therefor have been fulfilled and remain
in force for a period of ten years.

2,

This Agreement shall continue on force if either Contracting Party fails to give a written notice to the other Contracting Party
to terminate this Agreement one year before the expiration of the period specified in Paragraph 1 of this Article.

3,

After the expiration of initial ten years period, either Contracting Party may at any time thereafter terminate this Agreement by
giving at least one year’s written notice to the other Contracting Party.

4,

With respect to investments made prior to the date of termination of this Agreement, the provisions of Article 1 to 12 shall continue
to be effective for a further period of ten years from such date of termination.

IN WITNESS WHEREOF the undersigned, duly authorized thereto by respective Governments, have signed this Agreement.

Done in duplicate in Beijing, on August 18,2003, in the Chinese and English languages, both texts being equally authentic.

For the Government of￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿For the Government of

The People’s Republic of China￿￿￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿The Republic of Djibouti



 
The Government of the People’s Republic of China
2003-08-18

 







INTERIM MEASURES FOR THE ADMINISTRATION OF IMPORT TARIFF QUOTAS OF AGRICULTURAL PRODUCTS

e01054

Ministry of Commerce, State Development and Reform Commission

Order of the Ministry of Commerce and the State Development and Reform Commission

No. 4

The Interim Measures for the Administration of Import Tariff Quotas of Agricultural Products, which have been formulated in accordance
with the Foreign Trade Law of the People’s Republic of China, the Customs Law of the People’s Republic of China, the Regulations
of the People’s Republic of China on the Administration of Import and Export of Goods and the Regulations of the People’s Republic
of China on Import and Export Duties and in consultation with the Customs General Administration, are hereby promulgated.

The list of agencies authorized by the Ministry of Commerce and the State Development and Reform Commission for the administration
of import tariff quotas of agricultural products will be promulgated separately.

Lv Fuyuan, Minister of the Ministry of Commerce

Ma Kai, Chairman of the State Development and Reform Commission

September 27th, 2003

Interim Measures for the Administration of Import Tariff Quotas of Agricultural Products

Chapter I General Provisions

Article 1

With a view to effectively implementing the administration of import tariff quotas of agricultural products and to establishing the
system for administering the import tariff quotas of agricultural products that is uniform, fair, just, transparent, predicable and
nondiscriminatory, the present Measures have been formulated in accordance with the Foreign Trade Law of the People’s Republic of
China, the Customs Law of the People’s Republic of China, the Regulations of the People’s Republic of China on the Administration
of Import and Export of Goods and the Regulations of the People’s Republic of China on Import and Export Duties.

Article 2

Within the year of the Gregorian calendar, the State will, pursuant to the quota quantities as promised in China’s schedule of concession
and commitments for the trade of goods after entry into the WTO, determine the annual quantities of the agricultural products subject
to the administration of import tariff quotas permitted to enter the market.

The import of agricultural products within the quota quantities will apply the in-quota tax rate, and the import of agricultural products
outside the quota quantities will be implemented under the relevant provisions of the Regulations of the People’s Republic of China
on Import and Export Duties.

The excess part of bulk cargos shall be implemented pursuant to Paragraph 2 of Article 19 in the present Measures.

Article 3

The categories of agricultural goods subject to the administration of import tariff quotas are: wheat (including powder and grains
thereof; hereinafter referred to as wheat), corn (including powder and grains thereof; hereinafter referred to as corn), rice (including
powder and grains thereof; hereinafter referred to as rice), bean oil, colza oil, palm oil, sugar, cotton, wool and wool tops.

The corresponding import tax items, tariff serial numbers and applicable tax rates for agricultural goods subject to the administration
of import tariff quotas shall be promulgated separately.

Article 4

Wheat, corn, rice, bean oil, colza oil, palm oil, sugar and cotton shall be subject to state-run trade quotas or non-state-run trade
quotas. Those subject to state-run trade quotas shall be imported by state-run trade enterprises; those subject to non-state-run
trade quotas may be imported by enterprises with the right of trade, and may also be imported directly by the final users with the
right of trade.

Wool and wool tops shall be subject to the management of designated import enterprises, which shall be carried out in accordance with
the Measures for the Administration of Designated Management of Goods Import (No. 21 of the Ministry of Foreign Trade and Economic
Cooperation) promulgated by the former Ministry of Foreign Trade and Economic Cooperation.

Article 5

Import tariff quotas of agricultural products shall be global quotas.

Article 6

Import of agricultural goods in all trade forms that conform to Article 3 shall be included in the range of tariff quota administration.

Article 7

The import tariff quotas of bean oil, colza oil, palm oil, sugar, wool and wool tops shall be subject to the distribution of the Ministry
of Commerce.

The import tariff quotas of wheat, corn, rice and cotton shall be subject to the distribution of the State Development and Reform
Commission (SDRC) in conjunction with the Ministry of Commerce (MOFCOM).

Article 8

The MOFCOM and the SDRC will entrust their respectively authorized agencies to handle the following matters:

1)

Accepting the applications and transferring them to the MOFCOM and the SDRC;

2)

Accepting the consultations and transferring them to the MOFCOM and the SDRC;

3)

Notifying the applicants of any insufficiency in their applications, and offering chances for the applicants to eliminate such insufficiency;

4)

Issuing the Certificates of Import Tariff Quotas of Agricultural Products to the applicants approved.

Article 9

The Certificates of Import Tariff Quotas of Agricultural Products are applicable to the imports in the trade forms of general trade,
processing trade, barter trade, small-scale border trade, assistance, donation and other forms.

The products entering the bonded warehouses, bonded zones and export processing zones are exempted for the Certificates of Import
Tariff Quotas of Agricultural Products.

Chapter II Application

Article 10

The period for applying for the import tariff quotas of agricultural goods shall be between Oct. 15th and Oct. 30th of each year (with
the exception of the distribution form of drawing the quotas by coming order on the basis of contract). The MOFCOM and the SDRC will
promulgate the next year’s total quantity of import tariff quotas of each agricultural goods and the specific conditions for the
application therefore as well as the tariff serial numbers and applicable tax rates determined by the Customs Tariff Committee of
the State Council on the International Business Daily, the China Economic Herald, the MOFCOM website (https://www.mofcom.gov.cn) and
the SDRC website (https://www.sdpc.gov.cn) one month before the application period.

Bean oil, colza oil, palm oil, sugar, wool and wool tops shall be subject to the promulgation of MOFCOM; and wheat, corn, rice and
cotton shall be subject to the promulgation of SDRC.

Article 11

The agencies authorized by MOFCOM are in charge of the applications for the import tariff quotas of bean oil, colza oil, palm oil,
sugar, wool and wool tops within their respective areas.

The agencies authorized by SDRC are in charge of the applications for the import tariff quotas of wheat, corn, rice and cotton within
their respective areas.

Article 12

The agencies authorized by MOFCOM shall, in light of the specific conditions promulgated, accept the applications on bean oil, colza
oil, palm oil, sugar, wool, wool tops and the relevant documents submitted, and transfer the qualified applications to the MOFCOM
before Nov.30th (with the exception of the distribution form of drawing the quotas by coming order on the basis of contract), with
the copies thereof sent simultaneously to the SDRC.

The agencies authorized by SDRC shall, in light of the specific conditions promulgated, accept the applications on wheat, corn, rice,
cotton and the relevant documents submitted, and transfer the qualified applications to the SDRC before Nov.30th, with the copies
thereof sent simultaneously to the MOFCOM.

Chapter III Distribution

Article 13

Import tariff quotas shall be distributed on the basis of the quantity applied for by the applicants, their previous import performance,
production capacity and other relevant commercial standards or on the basis of the form of drawing by coming order. The minimum quantity
of distribution shall be determined on the basis of the commercially feasible shipping quantity of each category of agricultural
products.

Article 14

The MOFCOM and the SDRC will, before Jan. 1st of each year, issue to the final users the Certificates of Import Tariff Quotas of Agricultural
Products via their respectively authorized agencies, to which the “Special Seal of the MOFCOM for Certificate of Import Tariff Quotas
of Agricultural Products” and the “Special Seal of the SDRC for Certificate of Import Tariff Quotas of Agricultural Products” shall
be affixed.

The quotas for state-run trade shall be indicated on the Certificate of Import Tariff Quotas of Agricultural Products.

Chapter IV Valid Term

Article 15

The annual import tariff quotas of agricultural goods shall be implemented from Jan. 1st of each year, and shall be valid within the
year of the Gregorian calendar. The Certificates of Import Tariff Quotas for Agricultural Products shall be valid from Jan. 1st to
Dec. 31st of its current year.

The valid term of the Certificates of Import Tariff Quotas for Agricultural Products subject to the distribution form of drawing by
coming order on the basis of contract shall be carried out in accordance with the detailed implementation rules promulgated.

Article 16

For the agricultural products subject to import tariff quotas that are shipped out from the departing port before Dec. 31st of the
year and shall arrive at the destination in the next year, the final user shall, by presenting the Certificate of Import Tariff Quotas
of Agricultural Products and the relevant certifications, apply for term extension to the original agency that has issued the certificate.
The said agency may extend the term after having examined the case, but the term may not be extended to a time later than the end
of February of the next year.

Chapter V Implementation

Article 17

The final users shall, pursuant to the relevant provisions of the State on import of the commodities concerned, sign the import contracts
by themselves or entrust others to sign the contracts.

Article 18

For the import of agricultural products for processing trade that is subject to the administration of tariff quotas, the customs shall
handle the record-keeping procedures for the processing trade contracts by the Certificate of Approval for Processing Trade submitted
by the enterprises, and handle the customs clearance procedures by the Certificate of Import Tariff Quotas of Agricultural Products
submitted where “processing trade” has been indicated under the column of “trade modes”.

Where an enterprise of processing trade fails to re-export the processed products within the prescribed term, it shall go through
the writing-off procedures for processing trade contracts within 30 days after the expiration of term. The customs will implement
the procedures thereabout according to the relevant provisions on processing trade.

Article 19

The Certificate of Import Tariff Quotas of Agricultural Products will apply the system of one certificate for several batches, that
is, a final user in need of importing the products in several batches may go through the customs clearance procedures for several
times by the Certificate of Import Tariff Quotas of Agricultural Products. A final user shall faithfully fill out the “Column for
Final User’s Import” under the Certificate of Import Tariff Quotas of Agricultural Products and take the Certificate to the original
Certificate issuing agency in exchange for the certificate for the part of quotas that have not gone through the customs clearance
procedures.

The excess part of bulk cargos in a batch imported shall be no more than 5% of the batch.

Article 20

The agricultural products entering the bonded warehouses, bonded zones, export processing zones from outside China and to which import
tariff quotas are applied shall be subject to the examination before release and to the supervision and control conducted by the
customs in accordance with the relevant provisions.

For the agricultural products exiting or imported from outside the bonded warehouses, bonded zones, export processing zones and to
which import tariff quotas are applied, the customs will handle the import procedures by the Certificate of Import Tariff Quotas
of Agricultural Goods in accordance with the relevant provisions on the administration of import of goods.

Article 21

A final user shall, within 20 office days after finishing the customs clearance procedures for the final batch of products whose quotas
are indicated in the Certificate of Import Tariff Quotas of Agricultural Products, hand in the original of the first pages (customs
procedure pages for the consignee) of the said Certificate signed and sealed by the customs to the original Certificate issuing agency.

A final user shall, before the end of January of the next year, return the original of the unused first pages (customs procedure pages
for the consignee) of the Certificate of the current year to the original Certificate issuing agency.

Chapter VI Adjustment

Article 22

Where no contract is concluded before Aug. 15th of the current year for the state-run trade quotas of agricultural products distributed
to a final user, the final user may entrust a trade enterprise of any kind with the right of trade to import the products upon the
approval of the MOFCOM or the SDRC in accordance with the division of administration as provided in Article 7 of the present Measures.
A final user with the right of trade may also import the products directly.

Article 23

Where a final user holding the Certificate of Import Tariff Quotas of Agricultural Products fails to conclude an import contract for
all the quotas already drawn in the current year or fail to fulfill the contract already concluded, it shall return the unfinished
quotas to the original Certificate issuing organ before Sep. 15th.

Article 24

The term for applying for the tariff quotas to be redistributed for the import of agricultural products shall be from Sep. 1st to
Sep. 15th of each year (with the exception of the distribution form of drawing by coming order on the basis of contracts). The MOFCOM
and the SDRC will respectively promulgate the specific conditions for applying for the tariff quotas to be redistributed on the International
Business Daily, the China Economic Herald, the MOFCOM website (https://www.mofcom.gov.cn) and the SDRC website (https://www.sdpc.gov.cn)
one month before the application period. The applications shall be submitted to the MOFCOM or the SDRC via their respectively authorized
agencies.

Bean oil, colza oil, palm oil, sugar, wool and wool tops shall be subject to the promulgation of MOFCOM, and wheat, corn, rice and
cotton shall be subject to the promulgation of SDRC.

Article 25

A final user that has finished the import tariff quotas distributed of agricultural products before the end of October and has returned
the originals of the first pages (customs procedure pages for the consignee) of the Certificate of Import Tariff Quotas of Agricultural
Products may apply for the tariff quotas to be redistributed.

Article 26

Before September, 30 of each year, the MOFCOM shall distribute the tariff quotas to be redistributed of bean oil, colza oil, palm
oil, sugar, wool and wool tops to the final users (with the exception of the distribution form of drawing by coming order on the
basis of contracts), and the SDRC shall distribute the tariff quotas to be redistributed of wheat corn, rice and cotton to the final
users.

The tariff quotas to be redistributed shall, in light of the applying conditions promulgated, be distributed according to the form
of drawing by coming order. The minimum quantity of distribution shall be determined on the basis of the commercially feasible shipping
quantity of each category of agricultural products.

A final user who has obtained the redistributed quotas may entrust a trade enterprise of any kind with the right of trade to import
the products. A final user with the right of trade may also import the products directly.

Chapter VII Rules of Punishment

Article 27

Where any enterprise of processing trade sells the bonded import materials or the finished products thereof on domestic market without
approval, the customs shall deal with it in accordance with the Customs Law of the People’s Republic of China and the Detailed Rules
for the Implementation of Administrative Punishment under the Customs Law of the People’s Republic of China.

Article 28

Where anyone forges, alters or trades the Certificates of Import Tariff Quotas of Agricultural Products, he shall be investigated
for criminal responsibilities pursuant to the provisions of the criminal law on the crime of illegal operations or the crime of forging,
altering or trading documents, certificates or seals of state organs. If any final user holding the quotas commits the preceding
acts, the MOFCOM and the SDRC shall refuse to accept its application for import tariff quotas for the following two years.

Article 29

Where any enterprise forges the relevant documents to deceitfully obtain the Certificate of Import Tariff Quotas of Agricultural Products,
its Certificate shall be cancelled according to the law. And the SDRC shall refuse to accept its application for import tariff quotas
for the following two years.

Article 30

Where any final user, violating Article 23 of the present Measures, fails to fulfill the import for all the tariff quotas distributed
to it within the current year and fails to return the tariff quotas for which the import hasn’t been fulfilled in the current year
to the original Certificate issuing agency before Sep. 15th, the tariff quotas distributed to it in the next year shall be reduced
pursuant to the unfulfilled proportion correspondingly.

Article 31

Where any final user holding the import quotas fails to fulfill all the tariff quotas distributed to it in two successive years and
fails to return the unfulfilled tariff quotas of the current year to the original Certificate issuing agency before Sep. 15th in
each of the two years respectively, the tariff quotas distributed to it in the next year shall be reduced according to the unfulfilled
proportion of the last year correspondingly.

Article 32

Where any final user, violating the provisions of Article 21 of the present Measures, fails to hand in the originals of the first
pages (customs procedure pages for the consignee) of the said Certificate signed and sealed by the customs to the original Certificate
issuing agency, it shall be regarded as not fulfilling the import and the tariff quotas distributed to it shall be reduced correspondingly.

Article 33

Where anyone smuggles the agricultural products subject to import tariff quotas, the sum of tax evasion and dodging shall be calculated
at the out-quota tax rate applicable, and the smuggler shall be punished in accordance with the relevant laws and administrative
regulations.

Chapter VIII Supplementary Provisions

Article 34

The consultation on the distribution and redistribution of tariff quotas shall be filed with the MOFCOM, the SDRC or their respectively
authorized agencies in written form. The MOFCOM, the SDRC or the authorized agencies shall give the reply within 10 working days.

Article 35

The manufacture of the Certificates of Import Tariff Quotas of Agricultural Products and the “Special Seal of Certificate of Import
Tariff Quotas of Agricultural Products” shall be subject to the uniform supervision of the MOFCOM and the SDRC.

Article 36

Such columns in the Certificate of Import Tariff Quotas of Agricultural Product as the place of registration of the final user, serial
number of tariff quotas, valid term of the Certificate, trade modes, commodity name, arranged quantity, quantity of state-run trade,
issuing date of the Certificate and the port of clearance shall be printed by computers. A final user that needs to change the port
of clearance in the Certificate may go to the original Certificate issuing agency for the change.

Article 37

The purchase of foreign exchange for the import of agricultural products subject to tariff quotas shall be carried out in accordance
with the relevant provisions of the State.

Article 38

The state-run trade enterprises as mentioned in the present Measures refer to the enterprises to which the government has granted
the special right of import management of some products.

The list of the state-run trade enterprises shall be approved and promulgated by the MOFCOM.

Article 39

The final users as mentioned in the present Measures refer to the production enterprises, traders, wholesale dealers and distributors,
etc. that directly draw the import tariff quotas of agricultural products.

Article 40

The present Measures shall enter into force as of the date of the promulgation. The import tariff quotas of agricultural products
in the year 2003 shall be implemented in accordance with the former Interim Measures for the Administration of Import Tariff Quotas
of Agricultural Products (No. 19 of the State Development Planning Commission).

Attachment: Certificate of Import Tariff Quotas of Agricultural Products (Sample) (Omitted)



 
Ministry of Commerce, State Development and Reform Commission
2003-09-27

 







PROVISIONS ON THE COUNTERVAILING INVESTIGATION OF INDUSTRY INJURY

Ministry of Commerce

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

No.5

Provisions on the Antidumping Investigation of Industry Injury, Provisions on the Countervailing Investigation of Industry Injury,
Provisions on the Investigation of Industry Injury under Safeguard Measures which have been reviewed and passed by the 5th executive
meeting of the Ministry of Commerce on September 29, 2003, are hereby issued and shall be put into effect after 30 days as of promulgation.

Lv Fuyuan, the Minister of Commerce

October 17, 2003

Provisions on the Countervailing Investigation of Industry Injury

Chapter I. General Provisions

Article 1

The present Provisions are formulated in accordance with the Countervailing Regulation of the People’s Republic of China (hereinafter
referred to as Countervailing Regulation) in order to regulate the countervailing investigation of industry injury.

Article 2

The present Provisions shall apply to to the activities related to the countervailing investigation of industry injury in the light
of the Countervailing Regulation.

Article 3

The Ministry of Commerce of the People’s Republic of China (MOFCOM) shall take charge of the countervailing investigations of industry
injury. As for the countervailing investigations of industry injury involving agricultural products, the responsibility shall be
taken jointly by the MOFCOM and the Ministry of Agriculture.

Chapter II. Determination of Injury

Article 4

The term “industry injury” refers to an actual injury or a risk of actual injury to an existing domestic industry, or the actual encumbrance
of the foundation of a domestic industry resulted from subsidies.

The term “actual injury” as stated in the present Provisions refers to the non-negligible injury that has already been caused by subsidies
to an existing domestic industry.

The term “risk of actual injury” means that the subsidies hasn’t resulted in actual injury to the domestic industry, but there are
evidences showing that actual injury to a domestic industry is clearly foreseeable and imminent unless measures are taken against
it. The term “actual encumbrance” means the retardation of the establishing process and the development of a to-be-established domestic
industry, which results in the failure of the foundation of the domestic industry.

Article 5

In the determination of injury to a domestic industry resulted from subsidies, the following matters shall be investigated:

(1)

The volume of the subsidized imports and the consequential influence of subsidized imports on the price of the domestic like products;

(2)

The consequential influence of subsidized imports on the domestic industry.

The investigation of the subsidized imports shall involve whether there has been a great increase in the subsidized imports either
in absolute terms or in relation to production or consumption of the domestic like product.

The investigation of the consequential influence of the subsidized imports on the price of the domestic like products shall involve
whether there has been a significant price reduction on the subsidized imports or whether the subsidized imports have induced a significant
depression in prices of the domestic like product or prevented price increase of the domestic like product that would have happened.

Article 6

The investigation of the influence of subsidized imports on a domestic industry shall involve an assessment of all relevant economic
factors and indicators which have an impact on the situation of industry. These factors and indicators include the actual and potential
decline in sales, profits, output, market share, productivity, the return on investment, or equipment utilization; the factors that
affect domestic prices; the amplitude of the subsidized imports; the actual or potential adverse effects on the inventories, employment,
wages, growth, ability to raise capital or to make investment etc. In the case that agricultural products are involved, whether a
heavier burden is placed on the government’s support plans should be taken into account.

Article 7

In the determination of the actual injury to a domestic industry by subsidies, the feature of the subsidies and the consequential
influence on trade shall be examined as well.

Article 8

The determination of a risk of an actual injury shall be based on clearly foreseeable and imminent situation, in which if no measure
is taken, actual material injury would have occurred. The determination of a risk of an actual injury shall be based on the facts,
rather than simply on complaints, conjectures or the least possibility.

Moreover, in the determination of a risk of an actual injury, examination shall be made but not limited to the factors as follows:

(1)

The feature of the subsidies and the possible consequential impact on trade;

(2)

A significant increase rate of subsidized imports showing a likely actual increase of imports;

(3)

An increase of the productivity of the producers of the subsidized imports showing a likely real increase of imports. If this indicator
is adopted, one should consider the factor whether there are any other export markets that may take in any additional exports;

(4)

Whether the imported products are being imported at prices that greatly depressing or suppressing the prices of domestic like product,
and it is likely to induce an increase of the demands of imports;

(5)

The inventories of the products product under investigation.

Article 9

In the determination of an actual encumbrance of the foundation of a domestic industry, examination shall be made but not limited
to the factors as follows:

(1)

The foundation and the related preparatory work of the domestic industry;

(2)

The increase of domestic demands and the consequential impact;

(3)

The impact of the subsidized imports on the situation of domestic market;

(4)

The follow-up productivity of the subsidized imported product and the future tendency in the domestic market.

Article 10

Like product refers to a product that is identical to, or in the absence of such a product, one that has characteristics closely similar
to those of the subsidized product under investigation.

Article 11

In the determination of like products, there are a lot of factor that may be taken into account, including the physical characteristics
of the products, chemical features, manufacturing equipment and techniques, purposes of use, substitutability, appraisal of consumers
and producers, distribution channels, and price, etc.

Article 12

The impact of subsidized imports on the domestic industry shall be evaluated on the basis of a separate definition of the production
of the domestic like product. If, on the basis of the techniques of production and the sales and profits of the producers, one cannot
distinguish the production of domestic like product from the production of other products, the impact of subsidized imports shall
be determined by reference to the production of the narrowest product group or scope which include the domestic like product insofar
as the product group or scope can provide sufficient information.

Article 13

In the determination of a domestic industry, one should consider all of the producers of the domestic like product in China, or the
producers whose total output forms the major part of the total output of domestic like product; however, if a domestic producer have
relations with an export business operator or import business operator, or he himself is an import business operator of the subsidized
imports, he may not be considered as the domestic industry.

The term “have relations with” mentioned in the preceding item means that one party controls or influences another party in a direct
or an indirect way, or both parties are controlled or influenced by a third party, or both parties jointly control or affect a third
party in a direct or an indirect way.

Article 14

In the determination of a regional industry, the following factors shall be considered:

(1)

The producers have sold all or nearly all of the like product manufactured by them in the regional market;

(2)

The demands of the regional market aren’t satisfied or aren’t mainly satisfied by the like-product producers in other domestic regions;
and

(3)

Other factors.

Article 15

An accumulative evaluation of the impact of subsidized imports on domestic industry may be made if the subsidized imports come from
more than two countries (regions) and meet concurrently the following requirements:

(1)

The amount of the subsidy for an imported product from a country (region) isn’t minim and the volume of the imports isn’t negligible;

(2)

According to the competition conditions among the subsidized imports and those between the subsidized imports and domestic like product,
it is reasonable to make an accumulative evaluation.

The term “minim subsidy ” mentioned in the preceding item refers to a subsidy whose amount is below 1% of the value of the product;
but for the subsidized product imported from a developing country (region), minim subsidy refers to one whose amount is below 2%
of the value of the product.

Article 16

In the process of the accumulative evaluation, the following factors may be considered:

(1)

The continuity and possibility of the influence of subsidized imports from different countries (regions) on the domestic industry;

(2)

The substitutability between the subsidized imports from different countries and the domestic like product, including such factors
as the demands of special clients, the product quality and other related factors;

(3)

The sales prices, sellers’ quotations and actual transaction prices of the subsidized imports from different countries (regions) and
the domestic like product in the same market of area;

(4)

Whether there are identical or similar distribution channels for a subsidized product imported from different countries (regions)
and the domestic like product, and whether they appear in the market simultaneously;

(5)

Other competition conditions that exist among the subsidized imports and between the subsidized import product and the domestic like
product; and

(6)

Other factors.

Article 17

In the countervailing investigation of industry injury, the MOFCOM shall give users or consumers of the subsidized imports an opportunity
to present their views and evidences.

Article 18

The period subject to countervailing investigation of industry injury shall generally be 3-5 years before the investigation commences.

Chapter III. Industry Injury Investigation

Article 19

When any interested party intends to answer the countervailing investigation of industry injury, it shall submit an application to
the MOFCOM within 20 days from the day when an announcement on the initiation of countervailing investigation of industry injury
is made, and shall carry out relevant registration formalities. At the same time, the applicant shall offer the documents about its
productivity, output, inventories, construction and expansion plans, the volume and amount of the product exported to China, the
volume and amount of the product imported by the import business operators.

Article 20

The interested parties may be:

(1)

Overseas producers export business operators, and domestic import business operators of the products under investigation, or guilds
or other organizations of the producers, export business operators and import business operators of the products under investigation;

(2)

The government of the country (region) of origin and the export country (region) of the products under investigation as well as the
representatives thereof;

(3)

The producers and business operators of domestic like product, or guilds or other organizations of the producers and business operators
of the products; or

(4)

Others .

Article 21

In the case that an interested party takes part in the investigation, he shall present his identification certificate. If the interested
party is an enterprise or any other organization, it shall present its business license and other registration certificates, and
the identification certificate of the legal representative thereof.

In the case that an interested party entrusts an agent to participate in the investigation, it shall present identification certificate
of the agent and a power of attorney. If an interested party entrusts a lawyer as his agent, the lawyer shall come from a law firm
in China and shall practice law in China, and a power of attorney, the business license of the law firm and the law-practice certification
of the lawyer shall be presented.

Article 22

The objects of the MOFCOM’s countervailing investigation of industry injury include domestic producers, domestic import business operators,
domestic purchasers, domestic end consumers, overseas export business operators and overseas producers, etc.

Article 23

The MOFCOM may, whenever necessary, hire experts in the fields of the relevant industry, accounting, economic and trade and law to
provide advisory services. The experts involved shall keep the secrets to themselves.

Article 24

The MOFCOM shall take a lot means to conduct an industry injury investigation, including questionnaires, sampling, hearings, technical
authentications, on-the-spot investigation and other forms.

Article 25

The questionnaires issued by the MOFCOM to the interested parties include domestic producer questionnaires, domestic importer questionnaires,
domestic consumer questionnaires, overseas producer and overseas exporter questionnaires, and other types of questionnaires

Article 26

An interested party shall offer answers to the questionnaires according to the method and time limit as specified in the questionnaires.
If it is necessary to extend the time limit, it shall, 7 days prior to the time limit for the submission of answers, submit a written
application to the MOFCOM and give an explanation. It is for the MOFCOM to decide whether to extend the time limit or not.

Article 27

The MOFCOM may make on-the-spot investigation to the interested parties. Prior to the on-the-spot investigation, it shall notify the
relevant interested parties of the main purposes and content of the investigation beforehand.

Article 28

On the request of the interested parties or in the need of the investigation, the MOFCOM may, upon the approval of the relevant country
(region), send persons to the said country (region) to make investigations on the productivity, investments in expanding production,
inventories, place of origin or entrepot, the affiliation among the enterprises and other information related to the product.

Article 29

The MOFCOM may request the interested parties to offer or supplement written materials in the light of the relevant requirements,
and the interested party may, on his own initiative submit written materials to the MOFCOM as well.

Article 30

On the request of the interested parties or whenever the MOFCOM considers it necessary, a hearing of industry injury may be held.

Article 31

In the case that an interested party who takes part in the industry injury investigation considers it necessary to keep the materials
and the relevant evidence secret, it shall, when submitting the materials to the MOFCOM, provide simultaneously a non-confidential
summary of the materials, or submit the confidential text and an open text of the materials.

The non-confidential summary and open text shall contain reasonable substantial content of the confidential information. The MOFCOM
may, in the absence of substantial content, order the interested party to supplement relevant content and evidential materials.

Article 32

In the case that any interested party who participates in the industry injury investigation fails to provide non-confidential summary
or open texts of the materials submitted by it, or fails to provide good reasons, the MOFCOM may reject to take the materials into
account. If the MOFCOM does not consider it necessary to keep the materials submitted by an interested party secret, it may request
the interested party to withdraw its secrecy application.

Article 33

During the process of industry injury investigation, any interested party subject to the industry injury investigation shall faithfully
present the information and offer relevant materials. If any interested party fails to do so, or fails to provide necessary information
within a reasonable time limit, or seriously intervene the investigation by any other means, the MOFCOM may judge on the basis of
the facts it has already obtained and the best information available.

Chapter IV. Supplementary Provisions

Article 34

When an interested party, who takes part in the industry injury investigation, submits any document or evidential material to the
MOFCOM, it shall submit the original Chinese text in quintuplicate accompanied by the corresponding electronic text (computer floppy
disks or CDs) in triplicate.

Article 35

Chinese language prescribed by the administrative department of languages of the state as the formal language shall be taken as the
prevailing language by the MOFCOM in the industry injury investigation Any document, materials or information offered by any interested
party shall be written in standard Chinese. As for any materials in any other language, a Chinese version and the original text shall
be submitted, and the Chinese version shall prevail. Any materials in the non-prevailing languages without attaching a Chinese version
shall not be regarded as valid and lawful evidential material

Article 36

The authority to interpret the present Provisions shall remain with the Ministry of Commerce.

Article 37

The present Provisions shall go into effect 30 days after the date of promulgation. At the same time when the present Provisions are
implemented, the Provisions on the Countervailing Investigation of Industry Injury and Award (Order No. 46 (2002) of the former State
Economic and Trade Commission shall be abolished.



 
Ministry of Commerce
2003-10-17

 







NOTICE OF THE CHINA SECURITIES REGULATORY COMMISSION ON ABOLISHING SOME OF THE SECURITIES AND FUTURES RULES (IV)






China Securities Regulatory Commission

Notice of the China Securities Regulatory Commission on Abolishing Some of the Securities and Futures Rules (IV)

ZhengJianFaLvZi [2003] No. 15

November 20th, 2003

All the securities regulatory offices, agencies, special offices, all the securities or futures exchanges, China Securities Registration
and Settlement Company, and all the departments under the China Securities Regulatory Commission:

In accordance with the provisions of the Regulations on Procedures for Formulation of Rules, this Commission has made cleanup once
more on departmental rules on securities and futures promulgated from the establishment of this Commission up to June 30th, 2003,
on the basis of abolishing the first three batches of rules and normative documents (hereinafter referred to in general as “rules”),
of which there are 30 securities rules that shall be repealed, have been repealed through public proclamation, or are automatically
invalidated, and 16 futures rules. We hereby have the lists of the two parts of 46 rules publicized in order to terminate the implementation
thereof.

Attachment: List of Departmental Rules Abolished by the China Securities Regulatory Commission (IV)

Attachment:List of Departmental Rules Abolished by the China Securities Regulatory Commission (IV)htm/e03303.htmNO

￿￿

￿￿




NO.

Regulations

File NO.

Issued by

Date of Issue

1

Notice concerning Approval of the Experimental Futures Exchanges

ZHENGJIANFA [1994] NO.150

China Securities Regulatory Commission

October 10th, 1994

2

Provisions on State-owned Enterprises and Institutions Participating in Futures Exchange

ZHENGJIANFAZI [1994] NO.179

China Securities Regulatory Commission, the State Economic and Trade Commission, the Ministry of Domestic Trade

December 5th, 1994

3

Urgent Circular concerning Enhancing Risk Control on Treasury Bonds and Futures Transaction

ZHENGJIANFAZI [1995] NO.23

China Securities Regulatory Commission

February 26th, 1995

4

Urgent Circular concerning the Implementation of Provisions on Bail for Treasury Bonds and Futures Dealings

ZHENGJIANFAZI [1995] NO.47

China Securities Regulatory Commission

March 30th, 1995

5

Interim Measures for the Administration of the Qualifications of Securities Practitioners

ZHENGWEIFAZI [1995] NO.6

The Securities Commission of the State Council

April 18th, 1995

6

Notice concerning Requiring All the Treasury Bonds and Futures Exchanges to Further Enhance Risk Control

ZHENGJIANFAZI [1995] NO.60

China Securities Regulatory Commission

May 15th, 1995

7

Notice concerning the Cleaning Up B-Share Accounts

ZHENGJIANFAZI [1996] NO.76

China Securities Regulatory Commission

June 28th, 1996

8

Notice concerning Issues on the Strict Administration of the Opening of B-Share Accounts

ZHENGJIANJIAOZI [1996] NO.2

China Securities Regulatory Commission

September 20th, 1996

9

Notice concerning Several Issues on Regulating the Acceptance of Capital Contribution by Futures Brokering Corporations

ZHENGJIANQIZI [1996] NO.16

China Securities Regulatory Commission

December 23rd, 1996

10

Notice concerning Stoutly Forbidding Illegal Fund-raising in the Name of Futures Transaction

ZHENGJIANQIZI [1997] NO.41

China Securities Regulatory Commission

November 12th, 1997

 
China Banking Regulatory Commission
2003-12-08

 




PROVISIONS OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA ON EXECUTING THE RULES OF ORIGIN FOR TRADE IN GOODS UNDER THE MAINLAND AND HONG KONG CLOSER ECONOMIC PARTNERSHIP ARRANGEMENT

General Administration of Customs

Order of the General Administration of Customs of the People’s Republic of China

No.106

The Provisions of the Customs of the People’s Republic of China on Executing the Rules of Origin for Trade in Goods under the Mainland
and Hong Kong Closer Economic Partnership Arrangement, which were adopted at the executive meeting of this Administration on December
24, 2003, are hereby promulgated and shall come into force on January 1st, 2004.

Mou Xinsheng, the Director of the General Administration

December 30th, 2003

Provisions of the Customs of the People’s Republic of China on Executing the Rules of Origin for Trade in Goods under the Mainland
and Hong Kong Closer Economic Partnership Arrangement

Article 1

With a view to promoting the economic and trade activities between the Mainland and Hong Kong, and to correctly determining the origin
of the imported goods under the Mainland/Hong Kong Closer Economic Partnership Arrangement (hereinafter referred to as CEPA), the
present Provisions are formulated in accordance with the Customs Law and the CEPA.

Article 2

The present Provisions shall be applied to the goods imported from Hong Kong under the CEPA (see the Customs Import and Export Tariff
of the People’s Republic of China for details of the list of goods), however, the goods imported by the way of processing trade shall
be excluded.

Article 3

Where any goods is directly imported from Hong Kong under the CEPA, the origin thereof shall be determined according to the following
principles:

1)

The origin of any goods fully acquired in Hong Kong shall be Hong Kong; and

2)

For any goods not fully acquired in Hong Kong, the origin thereof may, only if such goods have gone through substantial processing
in Hong Kong, be determined as Hong Kong.

Article 4

The term “goods fully acquired in Hong Kong” used in Item 1) of Article 3 as mentioned in the present Provisions refers to:

1)

Mineral products exploited or extracted in Hong Kong;

2)

Plants or their products harvested or collected in Hong Kong;

3)

Live animals borne and bred in Hong Kong;

4)

Products obtained in Hong Kong from the animals mentioned in Item 3) of this Article;

5)

Products obtained from hunting or fishing in Hong Kong;

6)

The aquatic and other marine products obtained from the high sea by ships with the license of Hong Kong and hanging the regional flag
of the Hong Kong Special Administrative Region;

7)

Products obtained from processing of the products mention in Item 6) of this Article on the ships with the license of Hong Kong and
hanging the regional flag of the Hong Kong Special

Administrative Region;

8)

Discarded and waste materials collected in Hong Kong that are generated in the course of consumption in Hong Kong and that are fit
only for recycling of raw materials;

9)

Waste and piecemeal materials that are generated in the course of processing and manufacturing in Hong Kong and that are fit only
for the recycling of raw materials; and

10)

Products obtained from processing of the products mentioned in Items 1) through 9) of this Article.

Article 5

The following processing or disposal, no matter whether they are finished separately or conjunctly, shall all be deemed as minor processing
and disposal, and shall be disregarded in determining whether the goods are fully obtained:

1)

Processing or disposal conducted for the transport or storage of goods;

2)

Processing or disposal conducted for the convenience of the carriage of goods; and

3)

Processing or disposal, such as packing or display, etc., conducted for the sale of goods.

Article 6

The term “substantial processing” as used in Item 2) of Article 3 as mentioned in the present Provisions shall be determined by using
the criterion of “manufacturing or processing operation”, criterion of “change of tax code”, criterion of “ad valorem percentage”,
“other criteria” or “combined criteria”, and the determination shall be carried out in accordance with the Table of Criteria of Origin
for the Goods of Hong Kong Enpost_titled to Preferential Treatment for Trade in Goods. That table shall be part of the present Provisions
and be separately promulgated by the General Administration of Customs (GAC).

1)

“Manufacturing or processing operation” refers to the major operation that endows the goods obtained after the processing with the
basic characteristics. Where such an operation is finished in Hong Kong, the substantial processing shall be deemed as being conducted.

2)

“Change of tax code” refers to that where the materials of which the origins are not Hong Kong are processed within Hong Kong, the
four-figure tax category of the processed products in the Customs Import and Export Tariff of the People’s Republic of China has
changed, and such products are not to go through any production, processing or manufacturing that will change their four-figure tax
category in any country or region other than Hong Kong.

3)

“Ad valorem percentage” refers to the percentage that the total value of the raw materials, components, and labor obtained in Hong
Kong and the product development cost accounts for in the FOB price of the export products. Where such a percentage is 30% or more,
and the final manufacturing or processing operation of the products are finished within Hong Kong, the substantial processing shall
be deemed as being conducted. See the formula below:

(Value of raw materials + value of components + value of labor + cost for product development) / FOB price of the export product ￿￿0%

a.

“Product development” refers to the product development carried out within Hong Kong for producing or processing the relevant export
products. The cost for product development must be in relation to those export products, including the cost for development by the
producer or processor himself/itself, the sum paid for development by the entrusted natural person or legal person within Hong Kong,
and the sum paid for purchase of the design, patent, know-how, trademark right or copyright owned by any natural person or legal
person within Hong Kong. Such cost shall be able to be clearly determined in accordance with the generally accepted accounting standards
and relevant international practice.

b.

Calculation of the “ad valorem percentage” shall be in conformity with the generally accepted accounting standards and relevant international
practice.

4)

“Other criteria” refers to the methods other than the abovementioned criteria of “manufacturing and processing operation”, “change
of tax code” and “ad valorem percentage” for determining the origin that are agreed upon by both authorities of the Mainland and
Hong Kong.

5)

“Combined criteria” refers to two or more aforesaid criterias that are used at the same time in determining the origin.

Article 7

Simple dilution, mixing, packing, bottling, drying, assembling, classification or decoration shall not be deemed as substantial processing.

Any processing or pricing measure aiming to avoid the present Provisions shall not be deemed as substantial processing.

Article 8

The producing areas of the energy, plants, equipment, machines, and tools used in the manufacturing of the goods, as well as the producing
areas of the components not composing the goods and those of the materials of such components, shall be disregarded in determining
the origin of goods.

Article 9

The packages, package materials, and containers, as well as the attachments, spare parts, tools, and introductory materials, which
are declared for import together with the goods and which are included in the Customs Import and Export Tariff of the People’s Republic
of China shall be neglected in determining the origin of the goods.

Article 10

The goods imported under the CEPA shall be transported from Hong Kong directly to the ports of the Mainland.

Article 11

In customs declaration of the goods imported under the CEPA, the consignee shall voluntarily declare to the customs office that zero
tariff shall be applied to those goods, and shall submit the valid certificate of origin that are in conformity with the Procedures
for Issuing and Checking of the Certificate of Origin under the CEPA. Where the certificate of origin is valid upon network check,
the customs office shall handle the import formalities of those goods at zero tariff. Where certificate is invalid upon the check
and verification of the customs, zero tariffs shall not be applied.

Where the customs office of the place where the goods are declared can not make the network check because of certain reasons, and
the consignee require clearance of the goods, the customs office may release those goods after collecting a security of the value
equal to the amount of taxes payable at the rate applied to those goods if they were not under the CEPA, handle the import formalities
and make the customs statistics. The customs office of the place where the goods are declared shall, within 90 days from the day
of clearance of those goods, verify the validity of its certificate of origin, and refund the security or change the security to
tariff in accordance with the result of the verification, and shall modify the customs statistics data correspondingly.

Article 12

Where the customs office of the place where the goods are declared has doubt over the validity of the contents of the certificate
of origin, it may file a request through GAC or a customs office authorized thereby with the Hong Kong Customs for assistance in
the verification. During the period when the Hong Kong customs office makes the verification for confirmation of the relevant certificate
of origin, the customs office of the place where the goods are declared may release those goods after collecting a security of the
value equal to the amount of taxes payable at the rate applied to those goods if they were not under the CEPA, handle the import
formalities and make the customs statistics. After the Hong Kong Customs finishes the verification, the customs office of the place
where the goods are declared shall, in accordance with the result of the verification, immediately refund the security or change
the security to import tariff, and modify the customs statistics data correspondingly.

Article 13

The customs offices have the obligation to keep confidential the materials provided by the consignee of the import goods for verification
of the certificate of origin. Without the consent of the consignee, the customs office may not disclose those materials or use them
for any other purpose, however, except the laws, administrative regulations and relevant judicial interpretations have otherwise
provisions.

Article 14

The customs offices shall handle any act in violation of the present Provisions in accordance with the Customs Law of the People’s
Republic of China and the Implementing Rules of the Customs of the People’s Republic of China for Administrative Punishment. If any
crime has been constituted, the offenders shall be prosecuted for criminal liabilities.

Article 15

The responsibility to interpret the present Provisions shall remain with the GAC.

Article 16

The present Provisions shall come into force on January 1st, 2004.

 
General Administration of Customs
2003-12-30

 




MEASURES FOR ELECTION OF DEPUTIES FROM THE CHINESE PEOPLE’S LIBERATION ARMY TO THE NATIONAL PEOPLE’S CONGRESS AND LOCAL PEOPLE’S CONGRESSES AT OR ABOVE THE COUNTY LEVEL

The Measures for Election of Deputies from the Chinese People’s Liberation Army to the National People’s Congress and Local People’s
Congresses at or Above the County Level

     CHAPTER I GENERAL PROVISIONS CHAPTER II ELECTION COMMITTEES CHAPTER III DECISION ON AND ALLOCATION OF THE NUMBER OF DEPUTIES CHAPTER
IV ELECTORAL DISTRICTS AND ELECTORAL UNITS CHAPTER V NOMINATION OF CANDIDATES FOR DEPUTIES CHAPTER VI ELECTION PROCEDURE CHAPTER
VII SUPERVISION OVER AND RECALL OF DEPUTIES AND BY-ELECTION CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 1 The Measures are enacted in accordance with the relevant provisions of the Constitution of the People’s Republic of China and the
Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China.

   Article 2 Members of the Chinese People’s Liberation Army on active service and other persons who take part in election in the PLA shall, according
to these Measures, elect their deputies to the National People’s Congress or local people’s congresses at or above the county level.

   Article 3 An election committee shall be established for the PLA as a whole and for any PLA unit at or above the regimental level.

The PLA Election Committee shall direct the election work of the entire PLA. Election committees at other levels shall conduct the
election work of the units at their own levels respectively.

   Article 4 The servicemen committees of companies and other grassroots units shall conduct the election work of their own units.

   Article 5 Members of the PLA on active service, persons who have retired from active service and for whom arrangements have been made in the
PLA or who are waiting to be transferred to local governments for arrangements, workers and office staff serving in the PLA, and
other persons who are administratively affiliated to the PLA, shall take part in election in the PLA.

Family members of officers who live together with the officers may, with the approval of the election committee or the servicemen
committee, take part in election in the PLA, if it is difficult for them to take part in local election because the residential area
of the local inhabitants is far from the place where the PLA unit is stationed.

   Article 6 PLA representatives stationed in civilian factories or railway, water transport or scientific research institutions, and PLA members
studying at civilian colleges and schools may take part in local election.

   Article 7 All the persons listed in Article 5 of these Measures who have reached the age of 18 shall qualify as voters and have the right to
vote or stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property
status or length of residence.

Persons who have been deprived of political rights according to law shall have no right to vote or stand for election.

Persons who suffer from mental illness and are incapable of exercising their electoral rights, when verified by an election committee
as such, shall not take part in election.

   Article 8 The members composing the PLA Election Committee shall be subject to approval of the Standing Committee of the National People’s
Congress. The members composing the election committee at any other level shall be subject to approval of the election committee
at the next higher level.

Election committees at lower levels shall be subject to the direction of election committees at higher levels.

   Article 9 The PLA Election Committee shall be composed of nine to fifteen members, including one chairman and one to three vice-chairmen. An
election committee at any other level shall be composed of five to eleven members, including one chairman and one or two vice-chairmen.

   Article 10 The election committee at or above the regimental level shall organize and guide the election work of the subordinate units, and
do the following:

(1) examine the qualifications of the delegates to the servicemen congress;

(2) fix the date for election;

(3) publish the list of candidates for deputies to the people’s congress;

(4) preside over balloting at the servicemen congress or the servicemen assembly at the corresponding level; and

(5) preside over the servicemen congress or the servicemen assembly when recalling deputies to the people’s congress or holding a
by-election and accept resignations of deputies.

   Article 11 The election committee at any level shall establish an office to handle specific routine matters related to election at that level.

The office shall be affiliated to the political department, and its staff members shall be determined by the election committee itself.

CHAPTER III DECISION ON AND ALLOCATION OF THE NUMBER OF DEPUTIES

   Article 12 The number of deputies to be elected from the PLA to the National People’s Congress shall be decided by the Standing Committee of
the National People’s Congress.

   Article 13 The number of deputies to the National People’s Congress to be elected by the PLA general departments, units at the level of major
military command and the General Office of the Central Military Commission shall be allocated by the PLA Election Committee.

   Article 14 The number of deputies to the local people’s congresses at or above the county level to be elected by PLA units stationed in different
places shall be decided by the standing committees of the people’s congresses of the places where the PLA units are stationed.

Matters concerning election shall be decided respectively by the provincial military command, the garrison command, the military subcommand
or the arm-the-people department through consultation with the standing committee of the people’s congress of the place where it
is stationed; where a major military command is located in a province, autonomous region or municipality directly under the Central
Government, such matters shall be decided exclusively by the major military command through consultation with the standing committee
of the people’s congress of the province, autonomous region or municipality directly under the Central Government.

CHAPTER IV ELECTORAL DISTRICTS AND ELECTORAL UNITS

   Article 15 Deputies to the people’s congress at the county level from stationed PLA units shall be elected directly in the electoral district
by the PLA members on active service and other persons qualified to take part in election in the PLA who are stationed in that administrative
region. Electoral districts shall be zoned according to the distribution of the PLA units stationed in that administrative region.

The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.

   Article 16 Deputies to be elected by stationed PLA units to the people’s congresses of cities divided into districts, autonomous prefectures,
provinces, autonomous regions and municipalities directly under the Central Government shall be elected at the servicemen congresses
convened by units at or above the regimental level.

Deputies to the National People’s Congress shall be elected at the servicemen congresses convened by the general departments, units
at the level of major military command and the General Office of the Central Military Commission.

   Article 17 Delegates to the servicemen congress of the unit at or above the divisional level shall be elected at the servicemen congress at
the next lower level. Where no servicemen congress is held by the unit at the next lower level, the delegates shall be elected at
the servicemen assembly.

Delegates to the servicemen congress of the unit at the brigade or regimental level shall be elected at the servicemen assemblies
convened by the companies and other grassroots units.

Servicemen congresses shall be convened by election committees; servicemen assemblies shall be convened by election committees or
servicemen committees.

CHAPTER V NOMINATION OF CANDIDATES FOR DEPUTIES

   Article 18 Candidates for deputies to be elected by the PLA to the National People’s Congress and local people’s congresses at or above the
county level shall be nominated on the basis of electoral districts or electoral units.

Organizations of the Communist Party of China at various levels in the PLA may recommend candidates for deputies. A group of at least
ten voters or ten delegates of the servicemen congress may also recommend candidates. Those who submit recommendations shall provide
information to the election committee or the servicemen committee on the backgrounds of the candidates.

   Article 19 The number of candidates for deputies shall be greater than the number of deputies to be elected.

The number of candidates for deputies to be directly elected by the voters shall be from one-third to one hundred percent greater
than the number of deputies to be elected; the number of candidates for deputies to be elected by the servicemen congress shall be
from 20 to 50 percent greater than the number of deputies to be elected.

   Article 20 The election committee or the servicemen committee shall collect the list of candidates for deputies directly elected by the voters
and publish it, 20 days prior to the date of election, for repeated deliberation, discussion and consultation by the voters of the
electoral district, and shall, in accordance with the opinion of the majority of voters, decide upon a formal list of candidates
to be made public five days prior to the date of election.

When the servicemen congress at or above the regimental level is to elect deputies to the people’s congress, the time for nominating
and deliberating candidates for such deputies shall not be less than two days. The election committee at the said level shall print
and distribute the list of candidates for deputies nominated according to law to all the delegates to the servicemen congress for
deliberation and discussion. If the number of nominees conforms to the proportion for competitive election as provided in Article
19 of these Measures, balloting shall be held directly. If the number of nominees exceeds the maximum proportion for competitive
election as provided in Article 19 of these Measures, preliminary election shall be held. By order of the number of votes that the
nominees have obtained in the preliminary election, a formal list of candidates shall be decided upon in agreement with the specific
proportion for competitive election as is determined by the servicemen congress at the said level.

   Article 21 When a servicemen congress is to elect deputies to the National People’s Congress and local people’s congresses at or above the county
level, the candidates for deputies shall not be limited to the current delegates to the servicemen congress.

   Article 22 The election committee or the servicemen committee shall give information about the candidates’ backgrounds.

Organizations or individuals may, at group meetings of voters or of delegates to the servicemen congress, give information about backgrounds
of the candidates they nominate. However, it must stop on the day of election.

   Article 23 Where deputies are to be directly elected, the election in each electoral district shall be conducted by convening servicemen assembly
or setting up polling stations or providing mobile polling boxes. Balloting shall be presided over by the servicemen committee or
the election committee.

Balloting to be held at the servicemen congress shall be presided over by the election committee.

   Article 24 Deputies from the PLA to the National People’s Congress and local people’s congresses at or above the county level shall be elected
by secret ballot.

A voter who cannot fill out his ballot due to disability or other reasons may ask another person he trusts to do it for him.

   Article 25 A voter who is absent during the time of an election may, with the approval of the servicemen committee or the election committee,
entrust another voter with a proxy vote. A voter shall not stand proxy for more than three persons.

   Article 26 A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.

   Article 27 When balloting has been concluded, scrutineers and vote- counters elected by the voters or by the delegates to the servicemen congress,
and members of the election committee or of the servicemen congress shall check the number of people who voted against the number
of votes cast and make a record of it; the record shall be signed by scrutineers.

   Article 28 An election shall be null and void if the number of votes cast is greater than the number of people who voted, and it shall be valid
if the number of votes cast is equal to or less than the number of people who voted.

A ballot shall be null and void if the number of candidates voted for is greater than the number of deputies to be elected, and it
shall be valid if the number of candidates voted for is equal to or less than the number of deputies to be elected.

   Article 29 In a direct election, the election shall be valid if more than half of all the voters in an electoral district cast their votes.
Candidates for deputies shall be considered elected only when they have obtained more than half of the votes cast by the voters who
take part in the election.

In an election held by the servicemen congress, candidates for deputies shall be considered elected only when they have obtained more
than half of the votes cast by all the delegates.

   Article 30 Where the number of the candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the
ones who have obtained more votes shall be considered elected. Where the number of votes for some candidates is tied, making it impossible
to determine the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who
have obtained more votes shall be considered elected.

Where the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected,
another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order
of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive
election as provided in Article 19 of these Measures. If only one deputy is to be elected, the number of candidates shall be two.

When another election is held to elect deputies to a people’s congress at the county level in accordance with the provisions in the
preceding paragraph, the candidates who have obtained more votes shall be considered elected; however, the number of the votes they
have obtained shall not be less than one-third of the votes cast. When another election is held by the servicemen congress at or
above the regimental level to elect deputies to the people’s congresses of a city divided into districts, an autonomous prefecture,
province, autonomous region or municipality directly under the Central Government or to the National People’s Congress, the candidates
shall be considered elected only when they have obtained more than half of the votes cast by all the delegates to the servicemen
congress.

   Article 31 The election committee or the servicemen committee shall determine, in accordance with the provisions in these Measures, whether
or not the result of an election is valid and shall announce it accordingly.

CHAPTER VII SUPERVISION OVER AND RECALL OF DEPUTIES AND BY-ELECTION

   Article 32 All deputies elected from the PLA to the National People’s Congress and local people’s congresses at or above the county level are
subject to supervision by the voters and the electoral units which elected them. Both the voters and electoral units shall have the
right to recall the deputies elected by them.

   Article 33 With respect to deputies to the people’s congress at the county level, a group of at least ten voters in the electoral district may
submit a demand in writing to the election committee at the brigade or regimental level for the recall of a deputy they elected.

In a demand for the recall of a deputy, the reasons for the recall shall be clearly stated. The deputy proposed to be recalled shall
have the right to defend himself at the servicemen assembly or may present a written statement in his own defence.

The election committee at the brigade or regimental level shall print and distribute the demand for the recall of a deputy and the
written defence of the deputy proposed to be recalled to the voters in the electoral district from which he was elected.

When the demand for the recall is put to vote, the election committee at the brigade or regimental level shall preside over it.

   Article 34 When a servicemen congress is in session, an election committee at or above the regimental level may submit a proposal for the recall
of a deputy to the people’s congress who was elected by the servicemen congress. In such a proposal, the reasons for the recall shall
be clearly stated.

When a servicemen congress is in session, the deputy proposed to be recalled shall have the right to defend himself or submit a written
defence. The proposal for the recall shall be put to vote after it is examined by the congress.

   Article 35 The proposal for the recall of a deputy shall be voted by secret ballot.

   Article 36 The recall of a deputy to the people’s congress at the county level shall be subject to adoption by a majority vote of the voters
in the electoral district from which the deputy was elected.

The recall of a deputy elected at a servicemen congress to the people’s congress shall be subject to adoption by a majority vote of
the delegates to that servicemen congress.

The resolution on the recall shall be reported for the record to the standing committee of the people’s congress at the corresponding
level and to the PLA election committee at the next higher level.

   Article 37 Deputies elected from the PLA to the people’s congress of a city divided into districts, an autonomous prefecture, province, autonomous
region or municipality directly under the Central Government or to the National People’ Congress may submit their written resignations
to the election committees of the electoral units that elected them. Deputies elected from the PLA to the people’s congress at the
county level may submit their written resignations to the election committees or servicemen committees of the electoral districts
from which they were elected. When the request of a deputy for resignation is granted by a servicemen congress or by a servicemen
assembly, the matter shall be reported for the record to the standing committee of the people’s congress at the corresponding level
and to the PLA election committee at the next higher level.

   Article 38 If a deputy’s post becomes vacant for some reason during his term of office, the electoral district or electoral unit which elected
him shall hold a by-election to fill the vacancy.

If a deputy elected from the PLA to a local people’s congress at or above the county level is transferred out of his administrative
region during his term of office, he is automatically disqualified as deputy and a by-election shall be held to fill the vacancy.

When a by-election is conducted to fill the vacant posts of deputies, the number of candidates may be greater than or equal to the
number of deputies to be elected.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

   Article 39 Expenses for elections in the PLA shall be covered by military expenditure.

    






RULES FOR ANTI-MONEY LAUNDERING BY FINANCIAL INSTITUTIONS

Decree of the People’s Bank of China

No.1

In accordance with the Law of the People’s Republic of China on the People’s Bank of China and other laws and regulations , the Rules
for Anti-money Laundering by Financial Institutions has been adopted at the 7th executive meeting on September 17, 2002, and is hereby
promulgated for implementation as of March 1, 2003.
President of the People’s Bank of China Zhou Xiaochuan

January 3, 2003

Rules for Anti-money Laundering by Financial Institutions

Article 1

These rules are formulated in line with the Law of the People’s Republic of China on the People’s Bank of China and other relevant
laws, administrative rules and regulations to combat money laundering by criminals so as to safeguard the healthy operation of the
financial industry.

Article 2

These rules are applicable to all financial institutions involved in combating money laundering. Financial institutions hereunder
refer to institutions legally established and engaged in financial business within the territory of the People’s Republic of China,
including policy banks, commercial banks, credit cooperatives, postal savings institutions, finance companies, trust and investment
companies, financial leasing companies and foreign-funded financial institutions etc.

Article 3

Money laundering in these rules refers to any action that legalize the ill-gotten income and yields generated from criminal activities
like drug trafficking, gang violence, terrorist act, smuggling or other crimes through various means in which the source and origin
of such income and yields are disguised.

Article 4

Financial institutions and their employees shall abide by these rules to fulfill their due obligation to combat money laundering
activities in real earnest and identify suspicious transactions on a prudent basis, and shall not engage in any unfair competition
that may run counter to their anti-money laundering obligations.

Article 5

Financial institutions and their employees shall abide by relevant rules and regulations to and refrain from disclosing any information
on anti-money laundering activities to their customers and/or other personnel.

Article 6

Financial institutions shall assist the judiciary and/or law enforcement departments including the customs and taxation authorities
in combating money laundering in accordance to relevant laws and regulations through making inquiry of, freezing or suspending the
transfer of suspicious customers’ deposits. Overseas branch offices of the Chinese financial institutions shall abide by anti-money
laundering laws and regulations of their host countries or regions and provide assistance to departments involved in anti-money laundering
operation in these countries or regions.

Article 7

The People’s Bank of China is the supervisory authority for anti-money laundering operation by financial institutions.

The People’s Bank of China shall establish a leading group supervising the work of anti-money laundering by the financial institutions,
which shall perform the following responsibilities:

(1)

Supervising and coordinating anti-money laundering activities of financial institutions;

(2)

Conducting research and formulating strategies, working plans and policies on anti-money laundering for financial institutions, establishing
working mechanisms for anti-money laundering operation and reporting system for large-value and/or suspicious renminbi fund transactions;

(3)

Establishing a monitoring system to scrutinize payment transactions;

(4)

Working out proper solutions to major difficulties encountered by financial institutions in combating money laundering;

(5)

Participating in international anti-money laundering cooperation and providing guidance for international exchange in the areas of
anti-money laundering by financial institutions; and

(6)

Other anti-money laundering functions of the People’s Bank of China.

The Sate Administration of Foreign Exchange is responsible for supervising reporting of large-value and/or suspicious foreign exchange
transactions and shall establish a reporting arrangement to monitor such transactions.

Article 8

Financial institutions shall establish and improve their internal anti-money laundering mechanisms and report such mechanisms to
the People’s Bank of China for record as required by the People’s Bank of China.

Article 9

Financial institutions shall establish or designate relevant internal departments to specialize in anti-money laundering efforts
and equip these departments with managers and working staff as needed.

Pursuant to concrete needs, financial institutions shall establish relevant departments or designate certain personnel in their branch
offices to specialize in anti-money laundering activities, and shall conduct supervision over implementation of these rules and establishment
of internal anti-money laundering mechanisms in their branch offices. Effective anti-money laundering measures shall be made when
new financial institutions are incorporated or financial institutions set up new branch offices.

Article 10

Financial institutions shall establish a customers’ identity registry system to verify the identities of customers who process financial
business including deposits and settlement with them.

Financial institutions shall not be allowed to open anonymous accounts or accounts in obviously fictitious names for their customers,
and/or provide financial services including deposits and settlement for customers whose identities are yet to be clarified.

Article 11

When opening deposit accounts or providing settlement service for individual customers, financial institutions shall verify the customers’
IDs and record the names and ID numbers. If a customer is represented by another person to open personal deposit account with a financial
institution, the financial institution shall verify both the representative’s and principal’s IDs and record the names and ID numbers
thereof.

Financial institutions shall not open deposit accounts for customers who decline to show IDs or do not use names appeared in their
IDs.

Article 12

When opening accounts or providing financial services including deposits and settlement for institutional customers, financial institutions
shall abide by relevant rules of the People’s Bank of China and ask the customers to show valid documents for verification and recording.

Financial institutions shall not provide financial services including deposits and settlement for institutional customers who fail
to show valid documents as required by relevant rules.

Article 13

Financial institutions shall abide by relevant rules and report to the People’s Bank of China and/or the State Administration of
Foreign Exchange of any large-value transactions detected in the process of providing financial services to customers.

Classification of large-value transactions shall be determined in line with relevant rules made by the People’s Bank of China and
the State Administration of Foreign Exchange on reporting of fund transactions.

Article 14

Financial institutions shall abide by relevant rules and report to the People’s Bank of China and/or the State Administration of
Foreign Exchange of any suspicious transactions detected in the process of providing financial services to customers.

Reporting of suspicious transactions shall be determined in line with relevant rules made by the People’s Bank of China and the State
Administration of Foreign Exchange on reporting of fund transactions.

Article 15

Branch offices of financial institutions shall report large-value and/or suspicious transactions to the local branch offices of the
People’s Bank of China or the State Administration of Foreign Exchange in line with relevant rules made by the People’s Bank of China
and the State Administration of Foreign Exchange on procedures of reporting of fund transactions, and at the same time keep their
superior units informed of such transactions.

Article 16

Financial institutions shall carry out examination and analysis on large-value and/or suspicious transactions, and shall report to
the local public security departments if criminal activities are detected.

Article 17

Financial institutions shall keep records on account information and transaction records of the customers in accordance with the
following prescription:

(1)

Records of account information shall be kept for five years at minimum from the date of closing the account;

(2)

Transaction records shall be kept for five years at minimum from the date of booking the transaction.

Transaction records in item (2) include information on the ownership of the account, amount of deposit or withdrawal effected through
the account, time of transaction, source and destination of funds and the means of fund transfer etc. Account information and transaction
records shall be kept in line with relevant state rules on management of accounting files.

Article 18

The People’s Bank of China or the State Administration of Foreign Exchange shall hand over the report and other related materials
on large-value and/or suspicious transactions submitted by financial institutions to the judiciary departments in accordance with
procedures laid by the Rules for Administrative Departments in Transferring Suspected Criminal Cases if criminal activities are suspected
after conducting review of such report and related materials, and shall not disclose contents of the report to the customers of the
financial institutions and other people.

Article 19

The People’s Bank of China shall provide guidance and organize training activities on the subject of anti-money laundering for financial
institutions.

Financial institutions shall launch anti-money laundering publicity among their customers and provide training for their staff on
anti-money laundering so as to familiarize them with laws, administrative rule and regulations on anti-money laundering and strengthen
their competence in combating money laundering activities.

Article 20

The People’s Bank of China shall issue a warning to and order a financial institution committing any of the following irregularities
in violation of these rules to take remedial actions within a specified period of time, and if the financial institution fails to
make corrections within the specified period of time, a fine of no more than RMB30,000 yuan may be imposed and its senior executives
immediately accountable for such misconduct may be disqualified from holding any positions in the financial industry if the circumstances
are serious:

(1)

failing to establish an internal anti-money laundering mechanism as required;

(2)

failing to establish or designate relevant departments to specialize in anti-money laundering efforts as required;

(3)

failing to ask institutional customers to show valid documents and other related materials for verification and recording as required;

(4)

failing to keep account information and transaction records of customers as required;

(5)

leaking anti-money laundering information to customers and other people in violation of rules; or

(6)

failing to report to the authorities of large-value and/or suspicious transactions as required.

Article 21

When a financial institution engaged in foreign exchange operation fails to report on a timely basis to authorities of abnormal foreign
exchange transactions such as purchase of foreign exchange in large value and/or high frequency and move of large amount of foreign
currency cash in and out of account, it shall be penalized in line with Article 25 of the Rules on Penalizing Financial Irregularities.

Article 22

Where a financial institution, in violation of relevant laws and administrative rules and regulations, engages in unfair competition
which hampers the fulfillment of its anti-money laundering obligation, it shall be penalized in line with relevant provisions of
the Rules on Penalizing Financial Irregularities. A disciplinary warning shall be issued for its staff held immediately accountable
for such misconduct and the senior executives directly responsible for the misconduct shall be disqualified from holding any positions
in the financial industry if the circumstances are serious.

Article 23

Where a financial institution opens accounts for customers who have declined to show their personal IDs or use the names appeared
in the personal IDs in opening bank accounts, the People’s Bank of China shall give it a warning and impose concurrently a fine of
not less than RMB1000 yuan but not more than RMB5000 yuan. If the circumstances are serious, its senior executives held immediately
accountable for such misconduct shall be disqualified from holding any positions in the financial industry.

Article 24

The China’s Association of Banks, China’s Association of Finance Companies and other self-regulatory organizations in the financial
industry may formulate their own anti-money laundering work guidance in line with these rules.

Article 25

These rules shall enter into force on March 1, 2003.



 
The People’s Bank of China
2003-01-03

 







CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON SEVERAL ISSUES CONCERNING THE ESTABLISHMENT OF FOREIGN INVESTMENT PROMOTION CENTERS(INVESTMENT PROMOTION BUREAU OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION)

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation on Several Issues Concerning the Establishment of Foreign Investment
Promotion Centers(Investment Promotion Bureau of the Ministry of Foreign Trade and Economic Cooperation)

WaiJingMaoBanFa [2003] No.57

February 25, 2003

Departments (Bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately
listed on the State plan, electromechanical offices of all ministries and commissions and all places, economic & technology development
zones of the state level, all units directly under this Ministry, all chambers of commerce, associations and academies and all economic
and commercial agencies abroad:

In order to adapt the foreign trade and economic work to the new situations that arise after China’s entering into the WTO and to
further enlarge the scale, to promote the quality and level in utilizing foreign investments in our country, upon the discussion
of the leading Party group of the Ministry of Foreign Trade and Economic Cooperation and the reply of the Central Organization Commission,
it is decided that the name of “Training Center of International Trade for Asia and the Pacific” is changed to “Foreign Investment
Promotion Center” (the name “Investment Promotion Bureau of the Ministry of Foreign Trade and Economic Cooperation” may be used to
facilitate foreign affairs, hereinafter referred to as “Investment Promotion Bureau”) and to reorganize. It is hereby to notify the
work of reorganizing the Investment Promotion Bureau as below:

I.

Main duties of the Investment Promotion Bureau

In accordance with the spirits of the ZhongYangBianBanFuZi [2002] No.176, the principal duties of the Investment Promotion Bureau
are:

(1)

to execute the concrete task of attracting and promoting foreign investments, to launch investment promotion activities; to undertake
the concrete organization work for China investment trade talks and various investment promotion exhibitions and talks in the name
of the Ministry of Foreign Trade and Economic Cooperation;

(2)

To offer services of investment consultancy and information to the foreign and Chinese investing partners; to attend the World Association
of Investment Promotion Agencies (WAIPA) and relevant international non-governmental organs under the authorization of the Ministry
of Foreign Trade and Economic Cooperation the contact and communication and take charge of relevant bilateral and multilateral contacts
and communications with them and guide the work of all domestic investment promotion agencies.

II.

Sequential arrangement for the Institution

The Investment Promotion Bureau is listed in the serial of the public institutions directly under the Ministry of Foreign Trade and
Economic Cooperation. It is behind the government service center, before the academe.

III.

Abbreviations for official writing (BianZi), abbreviations and numbers for document issuance (FaWenBianZi), and the seal

The abbreviations of the Investment Promotion Bureau for official writing shall be “TouCu (meaning investment and promotion)” as the
abbreviations and numbers for document issuance “WaiJingMaoTouCuZi [20] No.**” as its FaWenZiHao in the official documents.The seal
of the Investment Promotion Bureau (see the sample in the attachment.) shall be formally used as of the issuance of this Circular.

In addition, after the Investment Promotion Bureau has been established, the institutions and functions of the original China Investment
Commercial Talks Office shall be transferred from the Fuzhou Agency of the Special Person of the Ministry of Foreign Trade and Economic
Cooperation to the Investment Promotion Bureau. The Circular on the Issues Concerning the Establishment of the Office for China Investment
Commercial Talks (WaiJingMaoBanFa [2000] No.656) shall be abolished at the same time.

This is hereby the notification.

Attachment:

Sample Seal of the Investment Promotion Bureau (Investment Promotion Bureau of the Ministry of Foreign Trade and Economic Cooperation)(omitted)



 
The Ministry of Foreign Trade and Economic Cooperation
2003-02-25

 







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...