The Ministry of Science and Technology, the Ministry of Commerce
Document of the Ministry of Science and Technology and the Ministry of Commerce
GuoKeFaJiZi [2003] No. 179
Departments (commissions, bureaus) of Science and Technology and departments (commissions, bureaus) of Foreign Trade and Economic
Cooperation of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately
listed on the State plan, Science and Technology Commission of Xinjiang Construction and Production Corps, departments of Science
and Technology and departments of International Affairs and Cooperation of ministries and departments concerned and institutions
directly under the State Council:
In order to direct provinces, municipalities, autonomous regions and departments concerned to conduct their work to encourage foreign
investment in high-tech industry, to accelerate the pace in introducing advanced technologies from abroad, to strengthen abilities
of internal assimilation and independent innovation, further improve the quality and level of foreign investment, the Ministry of
Science and Technology and the Ministry of Commerce hereby worked cooperatively to formulate the Catalogue of Encouraged Hi-tech
Products for Foreign Investment (hereinafter referred to as Catalogue ). Based on Catalogue of Chinese High-tech Products, taking
into careful consideration high-tech products that should be developed imperatively in terms of technology or that have a big gap
between China and abroad as well as requirements of national security and environmental protection, etc., going through the assessment
of specialists in related fields, the Catalogue was formulated, which comprises 917 items in 11 types. Now the Catalogue is printed
and distributed to you, it is hoped that governments of different levels and various departments concerned, under the guidance of
the Catalogue, actively conduct work in encouraging foreign investment and create favorable conditions for the quickening development
of high-tech industry. Please implement in accordance with the document.
Attachment: Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)
The Ministry of Science and Technology and the Ministry of Commerce
June 2,2003
Catalogue of Encouraged Hi-tech Products for Foreign Investment (2003)
Compilation Comments
In order to further attract and encourage foreign investment in high-tech industry, to introduce advanced applicable technologies
from abroad and to strengthen abilities of internal assimilation and independent innovation, based on the former Catalogue of Chinese
High-tech Products, Ministry of Science and Technology and Ministry of Commerce worked cooperatively to formulate the Catalogue of
Encouraged Hi-tech Products for Foreign Investment (hereinafter referred to as Catalogue). The Ministry of Science and Technology
and the Ministry of Commerce invited specialists in various technological fields to assess and designate the high-tech products in
the Catalogue. 721 items in the Catalogue of Chinese High-tech Products are selected and 196 items that have a big gap between China
and abroad and that should be developed imperatively in terms of technology and equipment. The high-tech products listed in the Catalogue
are classified into eleven types in accordance with technological domain. They are electronics and information, software, aeronautics
and astronautics, opto-mechatronics, biomedicine and medical equipment, new material, new energy and efficient energy saving, environmental
protection, geospace and ocean, nuclear applied technology and modern agriculture.
Electronics and Information Computer and Computer Peripheral Equipments
1
Supercomputer (ten billion times and above)
2
Top-grade server (which comprises subsystems, such as supervisory control of network, disk, security, etc)
3
Large-scale simulation and emulation system
4
Large-scale industrial controlling machine and controlling unit
5
Computer digital signal processing board
6
High-speed, high-capacity memory system equipment
7
Wide-roll, high-resolution color printing equipment
8
Wide-roll, high-definition color Xerox equipment
9
Digital input liquid crystal display for flat PC
10
DVD reading and recording laser head
11
Printing head of high-resolution color printer (1200dpi and above)
12
Computer hard disk and its pivotal parts (120G and above)
13
Distance, non-tangible IC card and related implements
14
Hand-held GPS receiver
15
Graphics and image identifying and processing system
16
Wireless network interface adapter
17
Mobile PDA for wireless network
18
Hand-held inspection equipment for wireless network terminal
19
Data collection station for wireless network terminal
Microelectronics and Photoelectron device
20
LSIC with line thickness.18 micrometer
21
Power electronic device
23
CCD devices
24
MCT infrared detector
25
CMOS image sensor
26
LED epitaxial wafer
27
High-brightness light-emitting diode (LED)
28
Blue and white luminotron
29
Fourth generation of (92020mm) and above polysilicon TFT-LCD and its support pieces
30
PDD flat display and its pivotal pieces
31
New-type LCOS display
32
Chip semiconductor device
33
Chip multi-layer compound device
34
Chip quartz crystal resonator
35
Chip ceramic and quartz crystal filter
Communication Equipment and Products
36
High-end router
37
IP data communication equipment
38
Thousand Mb/s and above network exchanger
39
Communication equipment for broadband fiber access network
40
Communication equipment for fixed wireless access network
41
Digital trunked Communication equipment
42
10Gb/s and above SDH fiber communication equipment
43
Fiber wavelength-division multiplexer
44
OXC equipment
45
Fiber preformrod
46
3G mobile Communication Base Station
47
3G mobile communication exchange equipment
48
3G mobile phone
49
CDMA mobile Communication Base Station
50
CDMA mobile communication exchange equipment
51
CDMA mobile phone
52
622Mb/s and above SDH digital microwave transmission equipment
53
Microcomb wireless communication equipment
54
Satellite communication and transmission equipment
55
Velocity0Gb/s laser for light communication
56
Light communication metering and check-out equipment
57
GSM, CDMA and IMT-2000 mobile communication check-out equipment
Broadcast and Television Technology and Products
58
Broadcast grade SDTV and HDTV digital CCD phonograph
59
Broadcast grade digital video recorder
60
Broadcast grade digital television monitor
61
Digital video switch
62
Digital audio sound console
63
Multi-track digital audio decoder
64
MPEG code stream recording equipment
65
MPEG code stream editing equipment
66
Digital television program storing system equipment
67
Digital television broadcast MUX
68
TV Standards Converter
69
Digital television source (high definition television) encoder and decoder
70
Digital television converter
71
Equipment of data transaction broadcasting system for digital television
72
Digital television broadcasting transmitter
73
Digital sound broadcasting transmitter
74
Digital television broadcasting SFN equipment
75
CATV QAM modulator
76
CATV optical transmitter and receiver
77
Satellite digital television broadcasting uplink station equipment
78
SMATV head-end equipment
79
MVDS (multi-point video distribution system) equipment
80
Plasma (PDP) flat digital television receiver
81
High definition television big screen liquid crystal projection television
82
DLP (digital light processing) big screen projection television
83
Digital television bit error ratio supervising equipment
84
Digital television test Signal Generator
Production equipment and test instrument for specialized techniques
85
Automatic precise chip mounter
86
Automatic-manual printed circuit precise printer
87
Hot wind loading welder
88
Multistep repetitive ray recorder
89
Plasma sediment and erosion equipment
90
Ion injector
91
Epitaxial growth equipment of compound semiconductor
92
High-speed online checkout equipment
93
Large-scale digital integrated circuit function test set
94
Specialized integrated system SOC scale test technology equipment
95
Multi-chip assembling module test technology equipment
96
Digital oscillometer (1000MHz and above)
97
Spectrometer
98
Logic analyzer
Software System Software
1
Operating system software
2
Network and communication protocol processing software
3
High level language compiler
4
Device driver
5
Embedded operating system
6
Embedded browser
7
embedded graphical user interface
Support Software
8
Internet/Intranet network administration software
9
Software development and testing platform
10
Computer-aided tool software
11
Middleware (non-confidential involved)
12
Database management system
Application Software
13
E-commerce software
14
Multimedia design software
15
Simulation and emulation software
16
ERP application software
17
Intelligent software
18
Information and network security software (non-confidential involved)
19
three-dimension computer-aided design software
20
Integrated circuit design computer-aided application software
21
Online storage and offline backup software
Aeronautics and Astronautics Aircraft and Support Products
1
Commercial transporter (including aerobus and airfreighter)
2
Training plane
3
general-purpose airplane
4
Parts and components for commercial planes
5
Commercial helicopter
6
Parts and components for helicopters
7
Wing in ground effect craft
8
Commercial aircraft turbine fan engine
9
Commercial aircraft gas turbine engine
10
Turbine propeller engine
11
Turbine shaft engine
12
Fan engine
13
New-type piston engine
14
Aeronautic auxiliary propulsion system
15
Parts and components for aeroengine
16
Airborne equipment for commercial plane
Ground Service Equipment
17
Facilities for civil airports
18
Protective equipment for civil airports
19
Ground test equipment
20
Ground equipment for aviation experiment
21
Aeronautic test and measurement equipment
22
Specialized equipment for aeronautic manufacture
23
Specialized equipment for trial manufacture of aeronautic material
24
Aviation simulation and training equipment
25
Comprehensive test devices for airborne equipment
Commercial Carrier Rocket
26
Structural components for the body of carrier rocket
27
Ground test equipment for carrier rocket
28
Mechanic and environmental test equipment for carrier rocket
29
transport equipment for carrier rocket
30
Equipment for space museum
Commercial spacecraft and ground facilities
31
Electronic equipment for spacecraft
32
Optical mechanical and Electronic products for spacecraft
33
Structural and institutional product for spacecraft
34
Temperature control product for spacecraft
35
Test equipment for satellite-related product
36
Ground reception and application equipment
Opto-mechatronics Automated Machinery and Equipment
1
Convertible five-sided processing center
2
Longmen processing center
3
Numerical controlled superfine lathe
4
Numerical controlled milling center
5
Numerical controlled precise spalling center
6
Highly efficient, high precision numerical controlled flat sharpener (precision accuracy<0.5
7
Numerical controlled high precision sharpener for internal and external circles (precision accuracy<0.5
8
Numerical controlled cutter sharpener (principal coordinate interlocked)
9
Numerical controlled low-speed cross-threading, electric-spark line cutting machine
10
Numerical controlled tooth wimbling, milling machine
11
Numerical controlled precise hobber
12
Numerical controlled tooth-milling machine with worm and abrasive wheel and numerical controlled shaping machine with abrasive wheel
13
FTL flexible cone production line
14
Numerical controlled mechanical press
15
Punching-shear compound processing machine
16
Plate multi-point shaping machine press without modules
17
Industrial robot and intelligent robot
18
Laser cutting and welding suite
19
Precise laser processing and erosion suite
20
Vacuo ion-ailming equipment
21
High-speed super-hard precise cutter system
22
Numerical controlled servo system
23
Tricoordinate gauging machine
24
Intelligent cooling device for processing equipment
25
High-speed, multi-spindle processing center (main spindle speed>12000r/min, rapid speed>50m/min)
26
Numerical controlled precise tooth-milling machine with coiling umbrella and tooth gear
27
Numerical controlled multi-rod precise leveling machine
28
Numerical controlled coordinate-measuring milling center
29
Bottomup numerical controlled lathe and spalling center
30
Straightline and flat dynamo and its driving system
31
Numerical controlled coordinate-measuring grinding machine
32
Automated three-dimensional stockhouse
33
Rare earth permanent-magnet dynamo
34
Direct current pressure-modulating chopping draught gear
35
Alternating current frequency-and-pressure-modulating draught gear
36
Quarto four-color rotary offset machine and self-control system
37
Sterilizing equipment and automatisation
38
Computer jacquard weaving artificial fur machine
39
Superfine desintegrator (submicro grade)
40
Large-scale sterilized baling press
41
Weaving pill and corner loom
42
Superfine filter equipment (submicro grade)
43
Ceramic filter machine (submicro grade)
44
High-precision strip mill (10)
Key Basic Parts of Electromechanics
45
hydraumatic plunger pump and motor with high voltage>40MPa
46
High-voltage monoblock-type multiport valve
47
Low-power pneumatic valve, control valve for island use
48
High-frequency electric controlled air valve
49
Intelligent air cylinder
50
High-performance rubber obturator
51
High-temperature, high-voltage mechanical sealing
52
Non-tangible gas film sealing
53
Bearing for high speed passenger train car(1000 km/h and above)
54
Low noise bearing (vibration value 55
Covering piece die assembly for automobile
56
Intelligent plastic-shell circuit breaker (Voltage 380V, 660V, current 1000A)
57
Intelligent chest or drawer circuit breaker for large-scale project
58
Anti-skid brake system (ABS)
59
Electron controlled automatic transmission case
60
Electric steering gear with booster
61
On-vehicle diagnostic equipment
62
Electric device for gasoline engine
63
Electric device for diesel motor
64
Transfer device for automobile alternative fuel
65
Advanced electronic sensor for automobile
66
Turbocharger for engine
67
Exhaust gas recirculation equipment for engine
68
Efficient automobile tail gas purge switch (reach Europe III Standard)
69
Fueling battery for automobile
70
High-pressure oil supply system for diesel motor (600Bar)
71
Vehicle dynamic control system(VDC)
72
Active suspension system
73
Automobile collision avoidance system
74
Automobile electric antijoyride device
75
Intelligent control system for the internal environment of automobile
76
Multi-energy management system for automobile motive power
77
Air suspension system
78
Electronic Braking Device (EBD)
Instrumentation and System
79
On site bus control system
80
Dynamo and control system for electric automobile
81
Electricity dispatch and management automatic system
82
Automatic system for transportation and management
83
GPS position fix, inspection, alarming dispatch system
84
Comprehensive management system for security check-out in the coalmine
85
Automatic inspection and control system for hydraulic power plant
86
Non-work automatic compensation device
87
Automatic device for power generating facilities with new energy
88
Automatic cruise control system (automobile auxiliary driving system)
89
Electronic charging management system (non-stop electronic payment system)
90
Two pass flowmeter
91
Solid flowmeter
92
On-site bus intelligent instrument
93
Liquid phase chromatograph
94
Mass spectrograph
95
X-ray diffractometer
96
X-ray fluorescence spectrograph
97
Industrial chromatograph
98
Industrial mass spectrograph
99
Near infrared spectrograph
100
Optical Emission Spectrometer
101
Laser scanning microscope
102
Scanning tunneling microscope
103
Transmission microscope
104
Scanning electron microscope
105
Laser comparator
106
Optical maser (power>2KW)
107
Total station meter
108
High-definition numeric voltmeter (with measuring range of seven bit and a half and above)
109
High-definition numeric ampere meter (with measuring range of seven bit and a half and above)
110
Industrial X-ray defectoscope (800KV and above)
111
Performance test device specialized for automobile components
112
Automatic film plating machine with electron gun
113
Overspeed ultra centrifuge (100000r/min and above)
114
VXI bus automatic test system (in accordance with IEEE1155 international standards)
115
humidity, air and ion sensitive sensor
116
Fiber sensor
117
photoelectric sensor
118
Single lens reflex with high performance
119
Digital camera(with definition of 2 million pels and above)
120
Digital multifunctional duplicating machine
121
Automatic zooming camera
122
Digital multimedia projector
123
Nuclear magnetic resonance spectrometer
Biomedicine and Medical Equipment
Biomedicine
1
TNF receptor medicine
2
Growthfactor of neurocyte
3
Anti-body tumor antigen monoclonal antibody
4
Anti-body virus antigen monoclonal antibody
5
Recombinant Streptokinase
6
Monoclonal antibody-oriented medicine
7
P53 anti-cancer agent for recombinant adenovirus
8
Hepatitis detection kit
9
Pathogen diagnosis kit
10
Tumor diagnosis kit
11
Human immunodeficiency virus(HIV) diagnosis kit(including detection kit of standard enzyme and standard golden as well as gene chip,
etc.)
12
Extract of traditional Chinese medicine
Chemical medicine
13
Moracizine Hydrochloride
14
Ozagrel
15
Esmolol hydrochloride
16
Celiprolol Hydrochloride Tablets
17
Levamlodipine Besylate Tablet
18
Provastatin
19
Simvastatin
20
Lisinopril Capsules
21
Ticlopidine
22
Doxazosin
23
losartan
24
Macrogol 4000
25
Tegaserod
26
Docusate
27
Mifeprex
28
Norethisterone Enanthate
29
Piperaquine Phosphate
30
Sirolimus
31
Etimicin Sulfate
32
Cefaclor
33
Maxipime
34
Cefpirome
35
Meropenem
36
Linezolid/Zyvox
37
Flutamide
38
Memantine
39
Lamivudine
40
Production of paclitaxel by biotechnology
41
Exemestane
42
Gallium Nitrate
43
Capecitabine
44
Melphalan
45
Voriconazole
46
Phencynonate Hydrochloride
47
Machloramine
48
Paroxetine Hydrochloride
49
Pramipexole hydrochloride
50
Fluticasone
51
Salmeterol
52
Ibudilast
53
Articaine
54
Gabexate Mesilate
55
Poloxomer
56
polymethacrylamine I, II
57
Polyacrylic Acid
58
Carbomer
59
Compound sodium phosphate tablets
60
Zidovudine, Stavudine
Food Biotechnology and Products
61
Alkaline cellulase
62
Xylanase
63
Alkali tolerant protease
64
New type of L-amino acid
65
New type of D-amino acid
66
Glutathion
67
Chiral compound resolution or isomerase
68
L-amino acid
69
D-amino acid
70
Fungus amylose
71
High purity Metallo thionein (MT)
72
Fermentation glycerol
New-type medical equipment
73
Entrapping treatment equipment with boron neutron
74
Proton treatment equipment
75
Ultrasonic transducer for medical use
76
Digital diasonograph
77
Notebook digital color diasonograph
78
Cardiac pacemaker (including intracorporal one)
79
Electric craniotome
80
Cardiac telemetric monitor
81
Endoscope for medical use
82
Eyeground camera
83
Digital X-ray unit
84
X-ray tube (including tungsten target, molybdenum target and X-CT ray tube)
85
Specialized X-ray unit
86
X-ray image intensifier
87
Positive electron tomography (PET) device
88
single photon emitter tomography (SPECT) device
89
X-ray three-dimensional directional radiation treatment system (X-ray)
90
ray three-dimensional directional radiation treatment system (ray)
91
Sensor for medical use
92
Standard enzyme immunity analyzer
93
Blood analyzer
94
Biochemical analyzer
95
Mechanical heart valve and invitro test device
96
Blood dialyzer (mechanical kidney)
97
Aqueduct for medical use
98
Blood vessel embolus agent and plunger material
99
Hemanalysis blood transfusion device
100
Device for reimportation of blood from his own body
New Material
Metal Material
1
High damping material
2
Full-length quenching heavy rail (rail of 60, 75 kg)
3
Anti-crush oil pipe for superdeep well
4
Pipeline steel of X70 and above
5
Purified, high carbon chromium bearing steel and carburization bearing steel
6
High-quality deep-drawing steel plate for automobile
7
Expansion joint of metal bellows
8
Metal hose of high-flexibility stainless steel
9
Iron based or ironnickel based amorphous, minicrystal alloy
10
Cobalt based or cobaltnickel based amorphous, minicrystal alloy
11
Hitemperature alloy powder
12
High-performance prestress steel wire
13
High-intensity and low-relaxation prestress steel strand
14
New type structural stainless strand
15
Erosion resistant modification material for the surface of turbine blade
16
High-performance agglomeration rare earth material with permanent magnetism
17
High-performance welding rare earth material with permanent magnetism
18
Highly-insulated rare earth material with permanent magnetism
19
High-performance ferrite material
20
Rare earth permanent magnet processed by anti-shielding technology
21
welding wire and thread of drug core
22
Hydrogen-stored rare earth material for dynamic battery
23
Lithium ion electrode material
24
Niobium powder and thread for capacitor
25
Polysilicon
26
Silicon monocrystal and polished chip with diameter of 150mm and 200mm
27
Zone-melting silicon monocrystal
28
Compound semiconductor material (gallium arsenide, gallium phosphide, gallium nitride)
29
Polysilicon, amorphous silicon for solar battery and battery components
30
Hitemperature superconducting material
31
Memory alloy material (titaniumnickel, copper-based and ferrum ?Cbased memory alloy material)
32
Superfine (nanometer) calcium carbide and superfine (nanometer) crystal hard alloy (including high-precision hard alloy and high-precision
hard cutter)
33
Superhard composite material
34
precious metal composite material
35
New material of rare earth and application ware
36
Compound aluminum foil for radiator
37
Medium and high voltage aluminum foil of cathode capacitance
38
Large-scale aluminum alloy bar section of special type
39
Prestretching thick plate of aluminum alloy and enveloped plate of aluminum alloy
40
Precise die forging of aluminum alloy
41
High-intensify aluminum alloy material
42
PS aluminum alloy plate
43
Aluminum plate for beverage can
44
Electrified rail overhead wire
45
Superthin copper strip
46
Erosion and heat resistant copper alloy tube for exchanger
47
High-performance coppernickel and copper ferroalloy strip
48
Berrillium copper strip, wire, tube bars
49
Rare earth luminescent material (plasma panel display fluoresent material, white LED rare earth fluoresent material)
50
High temperature and senescence resistant tungsten filament
51
Magnesium alloy cast
52
Solder without plumbum
53
Processed material of magnesium alloy plate, tube and bar
54
Magnesium alloy and magnesium alloy weld assembly processed by surface modification technology
55
Foamed aluminum
56
Titanium alloy bar and titanium welding tube
57
Big-mangneto stretching material of rare earth ferroalloy and application products
Inorganic Nonmetal material
58
Superfine powder of silicium carbide(SIC) (purity>99%, average power diameter: 0.5~5)
59
Superfine power of silicon nitride(SI3N4) (purity>99%, average power diameter: 0.5~5)
60
Superfine r-AL2O3 miropowder(average power diameter<0.5)
61
Zirconium oxide ceramic powder
62
Highly-purified aluminium nitride powder(Aln) (powder diameter: 0.5-2)
63
Antiseptic scavenger
64
Titanium dioxide (powder diameter 50~100nm, purity8.5% )
65
Silica pigment (powder diameter 10~100nm)
66
Barium titanate (purity 99% , powder diameter<1)
67
High concentration hydrogen peroxide(content 95~98%)
68
Specialized sodium phosphate
69
Ceramic wafer
70
Inorganic splitting membrane and functional diaphragm
71
Piezoelectric ceramic parts
72
High-performance ceramic cutter material
73
Multifunctional light composite board
74
Fiber gypsum board
75
High-quality synthetic quartz crystal
76
High-performance synthetic mica and products
77
Thermotropic thermal resistor (PTC)
78
Silicon carbide ceramic
79
Silicon nitride ceramic
80
Ceramic with microwave as medium
81
BN-TiB2 current conducting compound ceramic
82
ZrO2 ceramic
83
Hitemperature resistant workable ceramic
84
Diamond membrane tool
85
Diamond drawing die
86
Artificial diamond of saw blade level
87
Cubic boron nitride crystal
88
Ceramic material and product of comb extrusion
89
Porous ceramics and product
90
High-efficiency compound thermal insulation material for external wall
91
Lightweight aggregate concrete building block (not load bearing type)
92
Multidimensional, multi-directional integrated weaving fabric and modeling fabric
93
High-intensity fiberglass and high-elasticity modulus fiberglass
94
Quartz fiberglass and product
95
Aluminum coated fiberglass
96
Grey yarn felt of consecutive fiberglass and superficial felt of fiberglass
97
Direct twistless slubbing of high-density fiberglass
98
Fiberglass cloth and thin felt for microelectronics
99
Electromagnet wave screening glass
100
High-intensity anti-bulletin glass
101
Microcrystal glass baseplate for disk
102
Glass baseplate for microelectronics
103
Infrared penetrating glass
104
Fused sealing glass for electron device
105
Quartz glass for laser
106
Large-scale quartz glass diffusion tube, crucible and bell of electronic level
107
High-performance optical quartz glass
108
Optical fiber plate, image inverter and fiber light cone
109
micro-channel plate of super second generation and third generation
110
Image inverting beam
111
Laser medical fiber and laser transmitting quartz fiber
112
Fiber preformrod, fiber and fiber cable
Organic Macromolecule Material and Products
113
High anti-weathering decorative anticorrosion paint
114
Metal lighting vanish and coating varnish of CA series
115
WBC aqueous metal lighting vanish for automobile
116
cathode electrophoretic vanish with thick film of HED series
117
Paint for ship
118
Paint for aircraft
119
Rare earth cerium sulphide red dye
120
Flexible resinous plate
121
Laser image output film
122
Color ink jet printing material
123
Photoresist
124
Electronic enveloping resin
125
Ray-recording pulp for plasma color display
126
High-performance printing ink(Fineness0, acidproof, alkaliproof)
127
Superpure gas with electronic grade
128
Carbinol synthetic catalyst under low pressure
129
Conversion catalyst low water carbonizing methane
130
Catalyst of low water carbonizing CO under high temperature
131
Catalyst for catalysis and crack of heavy oil
132
FCC catalyst and accessory ingredient against the contamination of heavy metal
133
Special molecular sieve
134
Three-effect catalyst for purification of automobile tail gas
135
Special type catalyst for dearsenication of oil product
136
Aramid fiber
137
Carbon fibre
138
High-performance superfine fiber
139
High-die, low-shrinking industrial terylene filament
140
Elastic fiber
141
Electrolytic capacitor paper
142
High-performance base paper for copper-coated foil board
143
High-precision fuel filter
144
Color spray painting paper
145
Temperature-resistant sheathing paper
146
Hidronickel and Lithium batt
Order of the President of the People’s Republic of China
No.5
The Port Law of the People’s Republic of China, adopted at the 3rd Meeting of the Standing Committee of the 10th National People’s
Congress of the PRC on June 28, 2003, is hereby promulgated for implementation as of January 1, 2004.
Hu Jintao, President of the People’s Republic of China
June 28, 2003
Port Law of the People’s Republic of China
Adopted at the 3rd Meeting of the Standing Committee of the 10th National People’s Congress of the PRC on June 28, 2003
Contents
Chapter I General Provisions
Chapter II Port Planning and Construction
Chapter III Port Operations
Chapter IV Port Security and Supervisory Management
Chapter V Legal Responsibilities
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
This Law has been formulated for the purposes of strengthening port administration, maintaining port security and operation orders,
protecting the legitimate rights and interests of the parties concerned and promoting port construction and development.
Article 2
This Law is applicable to the undertakings of port planning, construction, maintenance, operation, management and the relevant activities.
Article 3
Ports herein refer to the areas of water and land within certain range with corresponding dock facilities of functions for entry
and exit of ships, anchorage, moorage, off and on of passengers, handling of commodities, lighterage, as well as storage.
Ports may consist of one or more port areas.
Article 4
The State Council and the relevant local people’s government of and above county level shall in the plan on national economy and
social development embody the requirements for port development and planning and protect and make rational use of the port resources
by force of law.
Article 5
The state encourages the economic organizations and individuals at home and abroad to make investment on construction and operation
of ports and protect the legitimate rights and interests of investors by force of law.
Article 6
The competent traffic authority of the State Council is in charge of the national administration of port works.
The administration of ports by local people’s government within its administrative division shall be determined according to the provisions
on the port administrative system of the State Council.
For the ports under the administration by the local people’s government of the city and county level as per the port administrative
system determined herein, the local people’s government concerned shall designate a department for actual implementation of the administrative
management of the ports concerned; and for the ports under the administration by the people’s government of the province, autonomous
region and municipality directly under the Central Government, the people’s government of the province, autonomous region and municipality
directly under the Central Government shall designate a department for actual implementation of the administrative management of
the ports concerned.
The departments determined herein for actual implementation of the administrative management of the ports are hereinafter referred
to as the administrative management of the ports.
Chapter II Port Planning and Construction
Article 7
Ports planning should be prepared and compiled according to the requirements for national economy and social development and the
demands for defense construction, which shall in the principle of rational utilization of the coastal resources conform to the planning
of urban and township system and dovetail and be in harmony with the overall land use planning, overall urban planning, river reach
planning, flood prevention planning, functional division of seas, development planning of waterway transportation, development planning
of other means, as well as other relevant planning specified by laws and administrative laws and regulations.
The preparation and compilation of ports planning shall witness expert demonstration and evaluation of environmental influences by
force of law.
Article 8
The ports planning shall consist of port layout planning and overall port planning.
The port layout planning refers to the layout and distribution planning of ports, including national port layout planning and port
layout planning of the province, autonomous region and municipality directly under the Central Government.
The overall port planning refers to the specific planning of a port in certain period, including the water and land scopes of the
port, division of the port area, throughput and categories of potential ships, nature and functions of the port, utilization of the
water and land areas, port facilities, use of the coastal lines built, configuration of construction land, and sequences for phased
construction, etc.
The overall port planning shall conform to the port layout planning.
Article 9
The national port layout planning should be prepared by the competent traffic authority of the State Council upon solicitation of
the opinions of the relevant departments of the State Council and the relevant military organs, which should be ratified by the State
Council before promulgation and implementation.
The port layout planning of the province, autonomous region and municipality directly under the Central Government shall be prepared
and compiled under the organization of the people’s government of the province, autonomous region and municipality directly under
the Central Government, which should be submitted for solicitation of opinions form the competent traffic authority of the State
Council according to the national port payout planning. In case no opinions have been aired for modification by the competent traffic
authority of the State Council within thirty days upon its receipt of the solicitation of opinions, such port layout planning may
be promulgated for implementation by the people’s government of the province, autonomous region and municipality directly under the
Central Government; in case the competent traffic authority of the State Council is of the opinion that the port layout planning
is not in compliance with the national port layout planning, the opinions on modifications should be provided for within thirty days
upon receipt of the solicitation of opinions; and in case the people’s government of the province, autonomous region and municipality
directly under the Central Government is in disputer with the modification opinions, a petitions may be submitted for decision by
the State Council.
Article 10
The overall port planning should be prepared and compiled by the port administrative department upon solicitation of opinions from
the relevant departments and the relevant military organs.
Article 11
The overall planning of the principal ports of important geographical positions, large throughput and wide influence on economic
development should be promulgated for implementation with joint approval by the people’s government of the province, autonomous region
and municipality directly under the Central Government upon solicitation by the competent traffic authority of the State Council
of opinions from the relevant department of the State Council and the relevant military organs. The directory of the principal ports
should be determined and promulgated upon solicitation by the competent traffic authority of the State Council of opinions from the
relevant department of the State Council.
The people’s government of the province, autonomous region and municipality directly under the Central Government shall determine
the important ports within the administrative division under its jurisdiction upon solicitation of opinions from the competent authority
of the State Council. Before promulgation and implementation, the overall planning of important ports should be ratified by the people’s
government of the province, autonomous region and municipality directly under the Central Government upon solicitation of opinions
from the competent traffic authority of the State Council.
The overall planning of the ports other than those specified by the above-mentioned two paragraphs should be approved by the local
people’s government of city and county level before promulgation and implementation, which should also be submitted for filing by
the people’s government of the province, autonomous region and municipality directly under the Central Government.
The overall port planning prepared and compiled by the port administrative departments of the people’s government of city and county
level within the scope specified by the first and second paragraphs of this article should be reviewed and ratified by the people’s
government of the proper level before submission for ratification and approval.
Article 12
The modification of the port planning should be handled with in compliance with the statutory procedures for port planning.
Article 13
The construction of port facilities in the overall planned areas of ports and use of the deep-water lines of ports should be approved
by the competent traffic authority of the State Council jointly with the comprehensive and macro-control and adjustment department
of economy of the State Council, and the construction of port facilities and use of the deep-water lines of ports should be approved
by the port administrative departments, provided that the use of port coastal lines by the projects to be constructed with approval
by the State Council or the comprehensive and macro-control and adjustment department of economy of the State Council does not require
for separately handling of the procedures relating to approval for use of the port coastal lines.
The competent traffic authority of the State Council should formulate the standards for the deep coastal lines of ports.
Article 14
The port construction shall be in compliance with the port planning and no port facilities should be constructed in violation of
the port planning.
Article 15
The port construction projects requiring for approval by the relevant organ according to the state provisions, shall go through the
examination and approval procedures in compliance with the relevant state provisions, which shall conform to the relevant state standards
and technological norms.
The construction of the port engineering project shall go through the evaluation of environmental impacts by force of law.
The security facilities and environmental protection facilities for port construction projects must by designed, implemented and put
into use synchronously with the mainstay engineering.
Article 16
The use of land and water areas for port construction shall be handled with in compliance with the provisions of the laws and administrative
regulations concerning the land administration, administration for use of seas, watercourse administration, navigation administration,
and the protection administration of military facilities, as well as other relevant laws and administrative regulations.
Article 17
The places of the ports where dangerous cargos are processed and where sanitary and insecticide treatment are made shall meet the
requirements of the overall port planning and the relevant state security production, firefighting, inspection, quarantine and environmental
protection, and their distance from densely populated areas and passenger facilities of the ports shall conform to the provisions
of the relevant departments of the State Council. The construction may be started only upon handling of the relevant formalities
by force of law and approval by the port administrative department.
Article 18
Navigation mark facilities and other accessory facilities shall be constructed synchronously with the ports, thus ensuring scheduled
start of use.
The construction of the office facilities of the relevant administrative administration of the ports shall conform to the overall
port planning, the construction fees of which should not be distributed to the port operators.
Article 19
The construction projects of port facilities can only be put into use after qualified acceptance examination upon their completion
in compliance with the relevant state provisions.
The ownership of the port facilities shall be determined according to the provisions of the relevant law.
Article 20
The relevant people’s government above county level shall ensure necessary capital input, which should be used for construction and
maintenance of the infrastructures of the navigation path, wave-prevention slope and anchoring sites for public use of the ports.
The detailed measures thereof should be provided for by the State Council.
Article 21
The relevant people’s government above county level shall take measures for organizing and constructing complementary facilities
of the ports, such as navigation path, railway, highway, water supply and drainage, power supply and communication.
Chapter III Port Operations
Article 22
The undertakings of port operation shall be available for the port operating licenses obtained from the port administrative department
with written application with registration made at the administration for industry and commerce. by force of law.
The port administrative department shall abide by the principles of openness, fair and equality in implementing the port operation
licenses.
Port operations include the operations of docks and other port facilities, operations of passenger services of the ports, operations
of handling, lighterage and warehousing within the port area and the operations of tugboats of the ports.
Article 23
The obtaining of the port operation licensing shall be available with fixed operation sites, corresponding facilities, equipment,
professional technicians and management personnel relating to the operation businesses, together with other conditions specified
by laws and regulations.
Article 24
The port administrative department shall within thirty days upon receipt of the written application as specified by the first paragraph
of Article 22 herein make decision on whether or not granting the license by force of law. In case the license is granted, the certificate
for license of port operation will be issued, otherwise, reasons thereof should be notified to the applicant in writing.
Article 25
Operations of port trimming services shall be eligible for licenses obtained according to the provisions. The implementation of the
operation licenses for port trimming services shall abide by the principles of openness, fairness and equality, the detailed measures
for which should be provided for by the competent traffic authority of the State Council.
The operators of port trimming services shall fairly and accurately handle with the trimming services, being prohibited from concurrent
operations of the cargo handling services and warehousing services specified in the third paragraph of Article 22 herein.
Article 26
in undertakings of operations, the port operators shall abide by the relevant laws and regulations, the provisions of the port operation
rules of the competent traffic authority of the State Council and perform the contractual duties by force of law, thus providing
customers with fair and excellent services.
The operators undertaking the port passenger services shall adopt effective measures for the security passengers, provide passengers
with quick, convenient and flexible services, and maintain good climate for waiting of the scheduled travel.
The port operators shall adopt effective measures for prevention and treatment of the pollution and harms to the environment according
to the relevant laws and regulations on environmental protection.
Article 27
The port operators shall take priority in arranging the rescue materials, calamity relief materials and materials urgently required
by national defense construction.
Article 28
The port operators shall at the business sites publish the charging items and charging criteria of the operation services, which
should not be implemented without publication.
In case the operation charges of ports adopt the prices directed or determined by the government by force of law, the port operators
shall execute in compliance with the provisions.
Article 29
The state encourages and protects the fair competition in port operation activities.
The port operators shall not implement monopoly acts or unfair acts, or force others to provide port services by any means.
Article 30
According to the provisions of the Statistic Law of the PRC and the relevant administrative laws and regulations, the port administrative
department requires for the port operators to provide the statistic data, which should be provided truthfully by the port operators.
The port administrative department shall according to the relevant state provisions submit the statistic data submitted by the port
operators and keep confidential the commercial secrets of the port operators.
Article 31
The legitimate rights and interest of the port operators is protected by law and no unit or individual shall distribute charges to
or illegally collect charges from the port operators or illegally interfere with the operation autonomy of the port operators.
Chapter IV Port Security and Supervisory Management
Article 32
According to the provisions of the Security Production Law of the People’s Republic of China, other relevant laws and regulations
and the security operation rules on ports of the competent traffic authority of the State Council, the port operators shall strengthen
the administration of security production, establish and perfect rules and systems relating to the security production responsibility
system, perfect the security production conditions, adopt the effective measures for safeguard of the security production and ensure
the security production.
The port operators shall by force of law formulate the preplan on incident emergency of the dangerous cargos of the this port, the
urgent passenger scattering and rescue preplan in case of material production security incidents and preplan on prevention of natural
disasters, thus safeguarding the organization and implementation thereof.
Article 33
The port administrative department shall by force of law formulate the preplan on incident emergency of the dangerous cargos of the
this port potentially to the detriment of social public interests, the urgent passenger scattering and rescue preplan in case of
material production security incidents and preplan on prevention of natural disasters, and establish and perfect the urgent rescue
system in case of material production security incidents on the ports.
Article 34
Entry and exit of ships of the ports shall be reported to the marine administrative authority according to the laws and administrative
laws and regulations of water traffic, upon receipt of which the marine administrative authority shall give timely notice to the
port administrative department.
Port entry and exit of ships with dangerous cargos shall according to the provisions of the competent traffic authority of the State
Council be accompanied with report of the names, features, package and time of entry and exit of the port of the dangerous cargos
to the marine administrative authority, upon receipt of which the marine administrative authority shall within the time specified
by the competent traffic authority of the State Council determine whether or not consent is granted, together with notice to the
reporter and submission to the port administrative department, provided that fixed ships and ships of fixed navigation lines and
fixed cargo varieties may be reported regularly.
Article 35
In case of handling of dangerous cargos and their transfer among ships in the port, the names, features, package and time and place
for such operations of the dangerous cargos should according to the provisions of the competent traffic authority of the State Council
be reported to the marine administrative authority, upon receipt of which the marine administrative authority shall within the time
specified by the competent traffic authority of the State Council determine whether or not consent is granted, together with notice
to the reporter and submission to the port administrative department.
Article 36
The port administrative department implement supervisions and inspection on the security production of the ports and focus on patrol
inspection on the docks of concentrated passenger flow and big volume of cargos or of special use, and in case of any hidden risks
found during the inspection, the inspected should be ordered to eliminate such risk immediately or within time limits.
The department in charge of security production and the relevant departments shall according to the provision of laws and regulations
implement supervisions and inspection on the security production of the ports within their authority.
Article 37
Cultivation and plantation activities are prohibited in the ports.
No digging or explosion activities should be conducted in the ports that may harm the port security, which, if required for engineering
construction, should be adopted with the corresponding security and protection measures with approval from the port administrative
department, and if required for approval by the marine administrative authority according to the laws and administrative laws and
regulations of water traffic, submission should be made for such approval by the marine administrative authority.
No soil, sand or stones should be poured in the port water and poisonous and harmful substance exceeding specific standards should
not be discharged in violation of the relevant laws and regulations on environmental protection.
Article 38
In case of project construction of bridges, underwater tunnels and water power stations that may be of influence on the changes of
the port hydrological conditions, the department in charge of approval of such project shall solicit the opinions of the port administrative
department prior to examination and approval.
Article 39
According to the laws and administrative laws and regulations of water trafficships needing navigation pilot for entry and exit
of the ports shall apply for pilot with the piloting agency, the detailed measures for piloting should be specified by the competent
traffic authority of the State Council.
Article 40
In case of congestion of the ports due to stay of passengers and accumulation of cargos, the port administrative department shall
timely adopt effective measures for alleviation of the port load and the local people’s government of city and county level may,
if necessary, directly adopt the measures for port alleviation.
Article 41
The port administrative department shall organize for formulation of the articles of association of the ports under its administration,
which should be published.
The articles of association of the ports shall include the description of the geological location of the ports, the navigation path
conditions, depth of the port pool, machinery facilities and handling capacity, as well as the specific measures for the ports to
implement the laws and regulations on port administration and the relevant provisions of the competent traffic authority of the State
Council.
Article 42
The port administrative department shall supervise and inspect the implementation of this Law.
When implementing supervision and inspection by force of law, the inspectors of the port administrative department shall be enpost_titled
to understand the relevant circumstances from the inspected units and the relevant persons and read and copy the relevant materials.
The inspectors shall keep confidential the commercial secrets accessed during inspection.
The inspectors shall present the enforcement certificates while implementing inspection and supervision.
Article 43
The inspectors shall record in writing the inspection time, place, content, problems found and treatment, which should be singed
by the inspectors and the responsible person of the inspected unit, and in case the responsible person of the inspected unit refuses
to sign on the records, the inspectors shall keep filing and report to the port administrative department.
Article 44
The inspected units and the relevant persons shall accept the inspection and supervision implemented by the port administrative department
by force of law, such as truthfully providing the relevant circumstances and materials, not refusing to the inspection, not concealing
and fraudulently reporting the relevant circumstances and materials.
Chapter V Legal Responsibilities
Article 45
In any of the following cases, the people’s government above county level or the port administrative department shall order for correction
in time limit and in case no correction has been made, the authority making such order may apply with the people’s court for dismantling
the facilities constructed in breach of law, and/or together with fins no more than RMB50,000.00:
(1)
Construction of ports, dock or other port facilities in violation of ports planning;
(2)
Construction of port facilities and use of port coastal lines without approval.
In case the examination and approval department of the construction project approve the projects constructed in violation of the port
planning, the direct responsible executive and other direct responsible person should be accorded with administrative punishment.
Article 46
In case of construction of operation sites for dangerous cargos in the port, special sites for sanitary and insecticide treatment
without approval by force of law, or the distance from the operation sites for dangerous cargos in the port and special sites for
sanitary and insecticide treatment to densely populated areas or passenger facilities of the ports is not in compliance with the
provision of the relevant department of the State Council, the port administrative department may order for stopping the construction
or the use concerned and for correction in time limit, and/or together with fines no more than RMB50,000.00.
Article 47
Use of docks, or port handling facilities, passenger facilities without qualified examination and approval, the port administrative
department may order for stopping use of such facilities concerned and for correction in time limit, and/or together with fines no
more than RMB50,000.00.
Article 48
In case of any of the following acts, the port administrative department may order for stopping the illegal operations and confiscation
of the illegal incomes. In case the illegal incomes exceed RMB100,000.000, fines of two to five times the illegal incomes may be
imposed concurrently; and in case the illegal incomes is no more than RMB100,000.000, fines no less than RMB50,000.00 but no more
than RMB100,000.00 may be imposed:
(1)
Undertaking of port operations without obtaining the port operation license by force of law;
(2)
Undertaking of port trimming services without license by force of law; and
(3)
The port trimming operators are concurrently involved in undertakings of cargo handling and warehousing services.
In case of act specified in the above-mentioned paragraph (3) with serious circumstances, the relevant competent authority may revoke
the license for port trimming services.
Article 49
In case the port operators does not take priority in arranging the works relating to rescue materials, calamity relief materials
and materials urgently required by national defense construction, the port administrative department shall prosecute for correction,
and in case of serious results, the port business license may be repealed.
Article 50
In case the port operators implement monopoly acts or unfair acts in business activities in violation of the relevant laws and administrative
laws and regulations, legal responsibilities should be undertaken in compliance with the provisions of the relevant laws and administrative
laws and regulations.
Article 51
The port operators in breach of the provision on security production of Article 32 of this Law, the port administrative department
or other department in charge of supervision and administration of security production by force of law may accord corresponding punishment;
in serious case, the port administrative department may revoke the port operation license and accord punishment with the principal
responsible persons; and in case of crimes constituted, penal punishment may be prosecuted by force of law.
Article 52
In case of entry and exit of ships of the port without reporting to the marine administrative authority in compliance with the provisions
of Article 34 of this Law, the marine administrative authority shall accord with the punishments according to the laws and administrative
laws and regulations of water traffic.
Article 53
In case of undertaking of handling and transferring among ships dangerous cargos in the port without reporting to the port administrative
department with consent by force of law, the port administrative department may order for stopping of the operations with fines no
lees than RMB5,000.00 but no more than RMB50,000.00.
Article 54
In case of cultivation and plantation activities in the port water areas, the marine administrative department shall order for correction
within time limit, and in case no correction has been made upon such order, the cultivation and plantation facilities should be dismantled
with the expenses thereof to be borne by the offender, and/or together with fine no more than RMB10,000.00.
Article 55
In case of digging and explosion activities, or pouring clay, sand, and stone in the port water areas that may harm the port security
without approval by force of law, the port administrative department shall order for stopping such acts and for elimination of any
hidden risk thereof within time limits; and in case no elimination has been achieved, such elimination shall be enforced with the
expenses thereof to be borne by the offender, and/or together with fine no less than RMB5,000.00 but no more than RMB50,000.00; in
case of punishment to be imposed by the marine administrative department in compliance with the provision of the laws and administrative
laws and regulations of water traffic, such provision should be observed, and in case of crimes constituted, penal punishment should
be prosecuted.
Article 56
In case of any of the following acts on the part of the competent traffic authority, the port administrative department or the marine
administrative department in violation of law, the direct responsible executive and other direct responsible person should be accorded
with administrative punishment, and in case of crimes constituted, penal responsibilities should be prosecuted:
(1)
Approval for construction of port facilities and use of port coastal lines in violation of law, approval for construction of operation
sites for dangerous cargos in the port, or special sites for sanitary and insecticide treatment in violation of law, or approval
for entry or exit of ships with dangerous cargoes of the ports in violation of law, or approval for handling and transfer among ships
dangerous cargos in the ports in violation of law;
(2)
Granting port operation license or port trimming service
The State Administration of Foreign Exchange
Circular on Distributing the Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange
HuiFa [2003] No.91
August 19, 2003
The branches and foreign exchange departments of the State Administration of Foreign Exchange (the SAFE) of the provinces, autonomous
regions, and municipalities directly under the Central Government, the branches of the SAFE in Shenzhen, Dalian, Qingdao, Xiamen,
and Ningbo; and the designated foreign exchange banks:
In order to further improve the administration of verification and writing-off of export proceeds in foreign exchange, to enhance
the efficiency of regulation and service, and to promote the development of China’s foreign trade, the SAFE has formulated the new
Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange (hereinafter referred to as
the Measures, see the attachments), and has obtained the consent jointly signed by the Ministry of Commerce, the General Administration
of Customs, and the State Administration of Taxation. The Measures are hereby distributed to you. Please carry them out accordingly.
In order to implement the Measures, the SAFE has designed and developed the “System of Verification and Report of Export Proceeds
in Foreign Exchange” (hereinafter referred to as the System), which is to be promoted and operated all over the country on a phased
basis. Considering that the time to start using the System by the localities is different, and in order to avoid confusion, any region
that has already started using the System before the implementation of the Measures shall execute the provisions of the Measures;
whereas any region that has not started to use the System shall still execute the former relevant provisions on the administration
of verification and writing-off of export proceeds in foreign exchange. The branches and designated foreign exchange banks shall
transmit this Circular to the agencies under their respective jurisdictions as soon as possible upon receipt of it. Please pass on
any problems arising during the execution to the Department of Current Accounts under the SAFE.
Attachment:
1. Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange
2. Catalogue of the Documents Repealed
Attachment 1Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange
Article 1
In order to further improve the administration of export proceeds in foreign exchange, and to promote the development of China’s foreign
trade, the Measures are enacted in accordance with the Regulations of the People’s Republic of China on Foreign Exchange Administration.
Article 2
Definitions of the following terms used in the Measures:
“Exporters” refers to all the entities that have been approved or registered by the commerce authorities or the organs authorized
thereby and that have the power of foreign trade management.
“Banks” refers to the banks and the branches thereof that have been approved or put on record by the financial supervisory and management
bodies of the state and the organs authorized thereby, and banks include Chinese-funded banks and foreign-funded banks.
“Forms for the verification and writing-off of export proceeds in foreign exchange” (hereinafter referred to as verification forms)
refers to the important vouchers with unified numbers that are uniformly managed by the SAFE and issued by the branches thereof,
and by which the exporters make declaration of exports with the customs offices, collect export proceeds in foreign exchange with
the banks, make verification and writing-off of export proceeds in foreign exchange (hereinafter referred to as verification) with
the foreign exchange authorities, and apply for export tax refund with the tax authorities.
“Certification Page of the Customs Declaration Form for Export Proceeds in Foreign Exchange” (hereinafter referred to as declaration
form) refers to the declaration form that is issued by the customs office to the exporter, after the clearance of the export goods,
to prove that the actual export of the goods, and on the basis of which the verification formalities are processed.
“Special Page of Verification and Writing-off of Export Proceeds in Foreign Exchange” (hereinafter referred to as special page) refers
to the special exchange settlement receipt for verification, or the special collection advice for verification that is issued by
the bank to the exporter and on the basis of which the verification formalities are processed.
“Future reference of verification” refers to the administrative system of verification in which the data of receivable proceeds in
foreign exchange that an exporter can not normally verified and written off due to objective reasons is transferred from the routine
regulatory database to the future reference database specially established, and is no longer included in the routine examination,
the exporter shall still be obliged to handle the verification, and the SAFE and the branches thereof shall continue to regulate
and investigate the exporter.
Article 3
the SAFE and the branches thereof (hereinafter referred to as foreign exchange administrations) are the administrative organs of verification,
shall supervise and administer the acts related to the collection of export proceeds in foreign exchange by the exporters and banks,
and shall process the verification formalities for the exporters through the System and the “System of China Electronic Port for
Collection of Export Proceeds in Foreign Exchange”.
Article 4
The foreign exchange administrations shall, in conjunction with the commerce authorities, make assessments of the verifications by
the exporters on an annual basis, grade the exporters and promulgate the grades.
Article 5
The verification shall be administered on a regional basis, an exporter shall make registration, apply for the verification form,
and go through the verification formalities with the foreign exchange administration of the place where it is registered.
Article 6
Where an exporter exports goods to any regions subject to closed customs control, such as overseas or domestic bonded areas, export
processing areas, diamond exchanges, etc. (hereinafter referred to as special domestic economic areas), or exports goods by way of
deep processing transit, etc., wherever it is needed to export by any method subject to the regulation of verification form, the
exporter shall go through the formalities for customs declaration on the strength of the verification form, and shall go through
the verification formalities. Where the goods are exported by any methods not subject to the regulation of verification form, the
exporter need not make the customs declaration on the strength of the verification form, neither need it go through the verification
formalities.
Article 7
Foreign exchange administrations shall apply classified administration to the verifications by the exporters according to the assessment
results of the verifications and other relevant information.
Article 8
An exporter shall, after obtaining the power of export management, go through the formalities for certification of access to “China
Electronic Port”, and shall make registration for record with the foreign exchange administration, which shall establish the verification
archive for the exporter.
Article 9
In the case of any alteration of the recorded information, an exporter shall make the alteration registration with the foreign exchange
administration in good time, and the foreign exchange administration shall alter the IC card authority of that exporter at “China
Electronic Port”. Where the exporter terminates its operations or is disqualified from foreign trade, it shall write off the registration
with the foreign exchange administration, which shall write off the IC card authority of that exporter at “China Electronic Port”.
Article 10
An exporter shall apply for the verification forms with the foreign exchange administration on the strength of the IC card of enterprise
operator of “China Electronic Port” and other prescribed certificates. The foreign exchange administration shall, after issuing the
verification form to the exporter, transmit the electronic ledger data of the verification form to the data center of “China Electronic
Port”.
Article 11
The verification forms may only be used by the exporter that applied for it, and may not be altered, lent, used in other’s name, transferred,
or traded.
Article 12
Where an exporter terminates operations, is disqualified from foreign trade, or is merged or split, it shall handle the verification
pursuant to the following provisions:
1)
Where the exporter no longer operates export business because of termination of operations or disqualification from foreign trade,
it shall return the unused verification forms to the foreign exchange administration to write off them, and with respect to the verification
forms by which the goods are declared and exported, the exporter shall continue to handle the verification formalities pursuant to
the provisions. The foreign exchange administration shall stop issuing forms to that exporter, and shall “prohibit the use” of the
forms that have already been issued to that exporter and remain unused.
2)
Where the exporter no longer operates export business as a result of merger or split, it shall return the unused verification forms
to the foreign exchange administration to write off them. The foreign exchange administration shall “prohibit the use” of the forms
that have already been issued to that exporter and remain unused.
3)
Where the exporter continues to operate export business as a result of merger or split, it shall assume the former exporter’s business
for which the export proceeds in foreign exchange are verified and written off according to the stipulations of the agreement of
merger or split.
Article 13
The foreign exchange administration may adjust the number of the forms issued according to the assessed grades of verifications and
the daily business operations of the exporters. With respect to the exporters that have committed acts seriously violating the provisions
on foreign exchange control, the foreign exchange administration may restrict the number of forms issued to them, or may “prohibit
the use” of the verification forms that have been issued to them but are unused.
Article 14
The foreign exchange administration shall employ automatic verification, group verification, and one-by-one verification respectively
to the exporters on the basis of the assessments of the verifications by the exporters, the assessments by the customs, tax, and
commerce authorities, and the reports of international balance, etc., as well as different trade methods.
The conditions for exporters that are subject to automatic verification shall be provided by the SAFE, the catalogue shall be determined
by the SAFE, and be promulgated by the branches.
Article 15
An exporter shall, before making declaration with the customs office, put on record the verification form through the “System of China
Electric Port for Collection of Export Proceeds in Foreign Exchange” with the customs office where the declaration is to be made.
Article 16
An exporter shall, in making the customs declaration, faithfully report to the customs office the transaction method, report the transaction
price, quantity, freight, insurance premium, as well as the agreement number of the processing trade contract, etc., according to
the transaction method, and thus to guarantee the authentication and completeness of the data declared.
Article 17
The customs office shall process the clearance formalities for the exporter if no mistake has been found upon examination of the verification
form and other declaration materials submitted by the exporter, and after verifying the electronic ledgers of the verification form.
The customs office shall affix the “examination seal” on the verification form, make the remark of “used” to the electronic ledger
data of the verification form, and upon application by the exporter, issue the declaration form with the number of the verification
form to the exporter after the clearance. The number of the verification form and that of the declaration form shall be identical
with each other. The customs office shall, after issuing the declaration form to the exporter, transmit to the data center of “China
Electronic Port” the remarks made on the verification form and the electronic ledger of the declaration form.
Article 18
With respect to the export proceeds collected by an exporter from overseas, special economic areas, or off-shore accounts of overseas
clients opened with the banks operating off-shore bank business within China, and the export proceeds collected by a transferor from
the transferee under deep processing transit, etc., the bank shall, pursuant to the provisions, make foreign exchange settlement
or pay into account the export proceeds in foreign exchange for the exporter, and issue the special verification page to the exporter.
Article 19
An exporter shall, after exporting the goods and within 30 days no later than the anticipated date of proceeds collection, make the
report of verification with the foreign exchange administration by taking with it the verification form, the declaration form, the
special verification page, and other prescribed verification vouchers.
With respect to the future collection of proceeds in foreign exchange of which the anticipated date of collection is 180 days (including
180 days) or more after the declaration date, the exporter shall put on record the future collection with the foreign exchange administration
within 60 days after making the customs declaration.
Article 20
The foreign exchange administrations shall upload the verified electronic data of the previous month to the data center of “China
Electronic Port” for consulting or use by the relevant authorities of commerce, customs, and tax, etc.
Article 21
Under exports by agent, the agent shall process the formalities, such as applying for the verification form, making the export declaration,
handling the verification, and making the report of verification.
Article 22
The foreign exchange administration shall, after accepting the report of verification from an exporter, examine the authentication
of the verification vouchers or data provided by the exporter. Where the data reported by the exporter is incomplete, that exporter
shall be required to make supplementation. Where the data reported by the exporter is inconsistent with the electronic data transmitted
by the customs office or bank, the exporter shall be required to check, modify and make up the data with the relevant departments.
The customs office and bank shall deal with an application within 5 workdays after receiving it from an exporter.
Article 23
In examining the verification vouchers provided by an exporter, the foreign exchange administration shall, if the vouchers are complete,
the data is correct, and the balance between the export and the proceeds in foreign exchange collected or the import has not exceeded
the prescribed standards, make the verification according to different trade methods. Where the balance between the export and the
proceeds collected or the import exceeds the prescribed standards, the foreign exchange administration shall, after making sure that
the prescribed certifications of balance are correct, handle balance verification for the exporter. Where the balance between the
export and the collected proceeds or the import exceeds the prescribed standards, and no prescribed balance certifications are provided,
if the case meets the relevant provisions, future reference of balance shall be granted; if the case fails to meet the conditions
for future reference and exceeds the prescribed time limit for verification, such a case shall be treated as one not verified and
written off within the prescribed time limit.
Article 24
After handling the verification formalities for an exporter, the foreign exchange administration shall return the special tax refund
page of the verification form to the exporter pursuant to the provisions. Exporters subject to autonomic verification shall be governed
separately by other provisions.
Article 25
Where an exporter is unable to make normal verifications due to objective reasons, the foreign exchange administration may grant future
reference of verifications with respect to the data of receivable export proceeds that should be verified and written off.
Article 26
Where an exporter incurs any refund or compensation in foreign exchange under exports, it shall apply to the foreign exchange administration
by taking with it the certifications, and after its export proceeds actually collected are set off if no mistake is found upon examination
by the foreign exchange administration, it shall go through the formalities for purchase and payment of foreign exchange for the
refund or compensation with the bank on the strength of the “Certification of Setoff Export Proceeds/Verification” issued by the
foreign exchange administration.
Article 27
Where an exporter fails to handle the verification formalities within the prescribed time limit, it shall be brought into the administration
of those failing to make verification within the prescribed time limit, and the foreign exchange administration shall regularly urge
that exporter to make the verification hat has been defaulted. The foreign exchange administration shall punish the exporter that
fails to handle the verification formalities after being urged and without justified reasons.
Article 28
Exporters and banks shall handle the verification formalities in strict accordance with the Measures, and those violating the Measures
shall be punished by the foreign exchange administrations in accordance with the Regulations of the People’s Republic of China on
Foreign Exchange Administration and other relevant provisions.
Article 29
The power to interpret the Measures shall remain with the SAFE.
Article 30
The Measures shall take effect as of October 1, 2003. The relevant regulations listed in Attachment 2 shall be repealed at the same
time, and if any previous provisions conflict with the Measures, the latter shall prevail.
Attachment 2Catalogue of the Documents Repealed
1.
Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange promulgated by the SAFE and
other departments in December 1990
2.
Circular on Sorting out Old Verification Forms of Export Proceeds in Foreign Exchange (96) (HuiGuoHanZi No.055) promulgated by the
SAFE on March 5, 1996
3.
Circular on Strict Examination of the Anti-Counterfeiting Labels of Declaration Forms of Import and Export Goods (HuiChuan [1996]
No.04) promulgated by the SAFE on March 28, 1996
4.
Circular on the Relevant Issues Concerning Clarification of the “Twice Verification of Customs Declaration Forms of Import and Export
Goods” (96) (HuiGuoHanZi No.178) promulgated by the SAFE and the General Administration of Customs on June 27, 1996
5.
Interim Measures on the Administration of the Payment and Verification and Writing-Off of Refund and Compensation in Foreign Exchange
under Exports promulgated by the SAFE on June 28, 1996
6.
Circular on Further Strengthening the Administration of Verification Forms of Export Proceeds in Foreign Exchange (97) (HuiGuoHeZi
No.001) promulgated by the SAFE on January 8, 1997
7.
Provisions on the Relevant Issues Concerning the Issuing of Special Page of Verification Form of Export Proceeds in Foreign Exchange
promulgated by the SAFE on September 29, 1997
8.
Supplementary Provisions on the Issues Concerning the Verification and Writing-Off of Export Proceeds in Foreign Exchange promulgated
by the SAFE on September 29, 1997
9.
Circular on the Relevant Issues Concerning the “Twice Verification” of Import and Export Declaration Forms (97) (HuiGuoHanZi No.214)
promulgated by the SAFE and the General Administration of Customs on July 28, 1997
10.
Circular on Fixing the Minimum Time for Keeping of the Original Vouchers of Verification and Writing-Off of Export Proceeds in Foreign
Exchange (98) (HuiGuoHanZi No.046) promulgated by the SAFE on February 18, 1998
11.
Circular on Further Strengthening the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange (1998)
(HuiFa No.27) promulgated by the SAFE on September 21, 1998
12.
Circular on Strengthening the Control of Verification and Writing-Off of Export Proceeds in Foreign Exchange Derived from Tourism
Purchases (2000) (HuiFa No.170) promulgated by the SAFE on December 29, 2000
13.
Circular on Distributing the Implementation Rules of the Measures for the Administration of Verification and Writing-Off of Export
Proceeds in Foreign Exchange (98) (HuiGuoFaZi No.012) promulgated by the SAFE on June 22, 1998
14.
Circular of the State Administration of Foreign Exchange on Distributing the Operational Rules for the Administration of Verification
and Writing-Off of Export Proceeds in Foreign Exchange (2002) (HuiFa No.112) promulgated by the SAFE on November 13, 2002.
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The State Administration of Foreign Exchange
2003-08-19
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Ministry of Construction
Circular on the Qualification Administration of Foreign-owned Enterprises Operating Contracted Projects within China
[2003] No. 193 of the Ministry of Construction
September 28, 2003
The construction departments of every province and autonomous region, the construction commissions of the municipalities directly
under the Central Government, the construction administration bureaus of Shandong and Jiangsu Provinces, the construction departments
of the relevant departments of the State Council, the Engineering Bureau of the Barracks Section of the General Logistics Department
of the PLA:
Article 26 of the Rules for the Administration of Foreign-funded Construction Enterprises (Order of the Ministry of Construction
and Ministry of Foreign Trade and Economic Cooperation No. 113) ordains: “the Interim Measures for the Qualification Administration
of Foreign-funded Enterprises Operating Contracted Projects within China (Order of the Ministry of Construction No. 32) issued by
the Ministry of Construction in 1994 shall be abolished as of October 1, 2003”. In the meanwhile, under Rules for the Administration
of Foreign-funded Construction Enterprises, no foreign-owned enterprises may contract projects after October 1, 2003 until it acquired
the construction enterprise qualification certificate. Because of SARS in the first half of this year, the work related to the foundation
and the qualification application of the foreign-owned construction enterprises was affected. For the work to go on smoothly, we
hereby announce the following:
1.
Where a foreign enterprise has obtained the Qualification Certificate for Foreign-owned Enterprises to Contract Projects, but failed
to obtain the Foreign-funded Construction Enterprise Qualification Certificate before October 1, 2003, may apply for an extension
of its qualification certificate or an expansion of geographic scope of the contracted projects on the basis of the contracts it
has concluded prior to April 1, 2004.
The foreign-owned enterprises that meet the requirements as mentioned in the preceding paragraph may apply for the extension of their
respective qualification certificates or for the expansion of geographic scope of the contracted projects prior to April 1, 2004.
The applications shall be subject to the preliminary examination of the administrative departments for construction of all provinces,
autonomous regions and the municipalities directly under the jurisdiction of the central government, and all of the applications
approved in the preliminary examination shall be submitted to the Ministry of Construction for approval.
2.
Foreign investors in the enterprises that have acquired the Foreign-funded Construction Enterprise Qualification Certificate in accordance
with the relevant provisions of the No. 133 Order of the Ministry of Construction and the Ministry of Foreign Trade and Economic
Cooperation are not permitted to continue to contract projects within China by acting as a foreign investor with the Qualification
Certificate of Foreign Enterprises to Contract Projects. At the time of issuing the Foreign-funded Construction Enterprise Qualification
Certificate, the administrative departments for construction of all provinces, autonomous regions, and municipalities directly under
the jurisdiction of the central government shall take back the Foreign-funded Construction Enterprise Qualification Certificate.
3.
The administrative departments for construction of all provinces, autonomous regions and municipalities directly under the jurisdiction
of the central government shall, according to the requirements mentioned above, strengthen the administration work related to the
qualification applications of foreign enterprises, and in the meanwhile, make great effort to collect all the information on the
implementation of the Interim Measures for the Qualification Administration of Foreign Enterprises Contracting Projects within China
(Order of the Ministry of Construction, No. 32) (For specific requirements, See the Attachment) and shall submit the Information
Summary Form for Foreign Enterprises Operating Contracted Projects within China to the Construction Market Management Department
of this Ministry before April 1, 2004.
4.
The enterprises of Hong Kong, Macao and Taiwan that may operate contracted projects within Mainland China shall refer to the statements
above.
Annex: Information Summary Form for Foreign Enterprises Operating Contracted Projects Within China
htm/e03243.htm
Attachment:
Information Summary Form for Foreign Enterprises Contracting Projects Within China
(1994-2004)
Province or Municipality directly under the Central Government or Autonomous Regions:
Serial Number |
Enterprise Name |
Country or Region |
Main Profession of the Contracted |
Projects Contact Person |
Telephone |
Notes |
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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.
Lv Fuyuan, the minister of commerce
October 17, 2003
Provisions on the Investigation of Industry Injury under Safeguard Measures
Chapter I. General Provisions
Article 1
The present Provisions are formulated in the light of the Regulation on the Safeguard Measures of the People’s Republic of China (hereinafter
referred to as the Regulation on the Safeguard Measures) in order to regulate the industry injury investigations under safeguard
measures.
Article 2
The present Provisions shall apply to the activities related to the industry injury investigations under safeguard measures in the
light of the Regulation on the Safeguard Measures.
Article 3
The Ministry of Commerce of the People’s Republic of China (MOFCOM) shall take charge of the industry injury investigations under
safeguard measures.
As for the industry injury investigations under safeguard measures related to agricultural products, the responsibility shall be jointly
conducted by the MOFCOM and the Ministry of Agriculture.
Chapter II. Determination of Injury
Article 4
The term “industry injury” refers to a serious injury or a risk of serious injury induced by the increase of imported products to
the domestic industry that produces like products or directly competitive products.
A serious injury refers to overall and serious impairment to the domestic industry.
A serious injury risk refers to a serious injury that is clearly imminent unless measures are taken against it.
Article 5
In the determination of a serious injury or a risk of serious injury caused to the domestic industry by increased imports, the following
elements shall be considered:
(1)
The increase of import products, including the absolute and relative increase rate and increase amount of imports;
(2)
The share of the domestic market taken by the increased imports;
(3)
The influence of the increased imports on the domestic industry, including the impact on the domestic industry in terms of output,
sales, market share, productivity, equipment utilization rate, profits and losses, employment, etc.;
(4)
Other elements that cause injury to the domestic industry.
The determination of a risk of serious injury shall be made on the basis of the facts, by the means of examining the productivity
, storage, export capacity, the possibility of the continuous increase of exports to China of the export country and other elements,
rather than merely on the complaints, the conjectures or the least possibility.
Article 6
In the determination of the impact of the increase of import products on the domestic industry, the MOFCOM shall, on the basis of
the ascertained evidence, objectively and comprehensively evaluate various quantifiable indicators that affect the status of the
domestic industry rather than simply based on several indicators.
Article 7
The term ” like products” refers to the same products as the imported products under investigation; if not the same, the products
whose nature is most similar to that of the imported products under investigation.
The term “directly competitive products” refers to the domestic products not identical to the imported products under investigation,
but similar to them in use, and are substantially substitutable and thus directly compete with the imported products under investigation.
Article 8
In the determination of like products and directly competitive products, there are some factors that shall be taken into account,
including the physical characteristics of the products, chemical performance, manufacturing equipment and techniques, purposes of
use, substitutability, appraisal of consumers and producers, distribution channels, and price, etc.
Article 9
In the process of the industry injury investigation, the MOFCOM shall give users or consumers of imported products an opportunity
to present their views and evidences.
Article 10
The period subject to industry injury investigation shall generally be 3 – 5 years before the investigation commences.
Chapter III. Industry Injury Investigation
Article 11
When any interested party intends to take part in the investigation of an industry injury under safeguard measures, it shall submit
an application to the MOFCOM within 20 days from the day when an announcement on the industry injury investigation for taking safeguard
measures is made, and shall carry out relevant registration formalities. At the same time, it may present its views and arguments
about the industry injury under investigation and offer corresponding proofs.
Article 12
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 products, or guilds or other organizations of the producers and business operators
of the products; or
(4)
others.
Article 13
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.
In the case that an interested party entrusts an agent to take part in the investigation, it shall present identification certificate
of the agent and a power of attorney. In the case that 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 submitted.
Article 14
The objects of the MOFCOM’s industry injury investigation for taking safeguard measures include domestic producers, domestic import
business operators, domestic purchasers, domestic end consumers, overseas export business operators and overseas producers, etc.
Article 15
The MOFCOM may, whenever necessary, hire experts in the fields of the relevant industry, accounting, economic and trade and law to
provide advisory services it. The experts involved shall keep the secrets to themselves.
Article 16
The MOFCOM shall take a lot of means to conduct an industry injury investigation, including questionnaires, sampling, hearing, technical
authentication, on-the-spot investigations and other forms.
Article 17
The questionnaires sent by the MOFCOM to the interested parties takes a lot forms, including domestic producer questionnaires, domestic
importer questionnaires, domestic consumer questionnaires, overseas producer and overseas exporter questionnaires, and other types
of questionnaires.
Article 18
The answers to the questionnaires shall be submitted by the interested party according to the method and time limit as specified in
the questionnaires. If there is a need needs 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 make an explanation. It is for the MOFCOM to decide whether to extend
the time limit or not.
Article 19
The MOFCOM may conduct on-the-spot investigations 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 examination beforehand.
Article 20
As requested by the interested parties or in need of the investigation, the MOFCOM may, upon the approval of the relevant country
(region), send persons to this country (region) to conduct investigations on the productivity, investments in expanding production,
storage, place of origin or entrepot, the affiliation among the enterprises and other information related to the product.
Article 21
The MOFCOM may request the interested parties to submit or supplement written materials in the light of the relevant requirements,
and the interested parties may voluntarily submit written materials to the MOFCOM as well.
Article 22
As requested by the interested parties, or whenever the MOFCOM considers necessary, a hearing of industry injury may be held.
Article 23
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, offer simultaneously a non-confidential
summary of the materials, or submit confidential texts and open texts of the materials.
Article 24
If any interested party who takes part in the industry injury investigation fails to offer non-confidential summary or open texts
of the materials submitted by it, or fails to present good reasons, the MOFCOM may refuse to consider the materials. 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 application for keeping secrets.
Article 25
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. In the case that 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 make a judgment
on the basis of the facts it has already obtained and the best information available.
Chapter IV. Supplementary Provisions
Article 26
When an interested party, who takes part in the industry injury investigation, offers any document or evidential material to the MOFCOM,
it shall submit the original Chinese text in quintuplicate accompanied by relevant electronic text (computer floppy disks or CDs)
in triplicate.
Article 27
In the industry injury investigation, the standard Chinese prescribed by the administrative department of languages of the state shall
be taken by the MOFCOM as the formal language. Any document, materials or information offered by an interested party shall be written
in standard Chinese. As for any non-Chinese materials, a Chinese version and the original text shall be submitted, and the Chinese
version shall prevail. Any non-Chinese materials without attaching a Chinese translation shall not be considered as valid and lawful
evidential material.
Article 28
The authority to interpret the present Provisions shall remain with the MOFCOM.
Article 29
The present Provisions shall go into effect 30 days after promulgation. And at the same time , the Provisions on Safeguards Investigation
and Ruling of Industry Injury (Order No. 47 (2002) of the former State Economic and Trade Commission shall be abolished.
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Ministry of Commerce
2003-10-17
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1...19202122Page 20 of 22
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