Laws of the People's Republic of China

The China Commission for the Promotion of International Trade, the Ministry of Foreign Trade and Economic Cooperation

Circular of the China Commission for the Promotion of International Trade and the Ministry of Foreign Trade and Economic Cooperation of the PRC Concerning the Distribution of the Management Measures for the Examination and Approval of Applications for Holding Economic and Trade Exhibitions Abroad

MaoCuZhanGuan [2001] No.3

February 15, 2001

According to the requirements of the Letter of General Office of the State Council Concerning Relevant Questions on the Examination and Approval and Administration of Applications for Holding Economic and Trade Exhibitions Abroad (GuoBanHan [2000] No.76), the China Commission for the Promotion of International Trade and the Ministry of Foreign Trade and Economic Cooperation of the PRC have formulated the Management Measures for the Examination and Approval of Holding Economic and Trade Exhibition Abroad, and hereby issue to you, please carry out completely. Attachment:Management Measures for the Examination and Approval of Applications for Holding Economic and Trade Exhibitions Abroad

Chapter I General Provisions

Article 1

These Measures have been formulated according to the requirements of the Letter of General Office of the State Council Concerning Relevant Questions on the Examination and Approval and Administration of Applications for Holding Economic and Trade Exhibitions Abroad (GuoBanHan [2000] No.76) for the purpose of healthy and orderly progress of holding economic and trade exhibitions abroad.

Article 2

The phrase "holding economic and trade exhibitions abroad" (hereinafter referred to as "exhibitions held abroad" for short), as mentioned in these Measures refers to: 1) holding economic and trade exhibitions, economic and trade exhibitions of friendly provinces and cities, and economic and trade negotiations in the form of commodity exhibitions separately in foreign countries (hereinafter all referred to as "holding separate exhibitions"); 2) organizing enterprises participating in international trade exhibitions and expositions held by foreign countries.

Article 3

The China Commission for the Promotion of International Trade (hereinafter referred as "CCPIT" for short) is responsible for the examination, approval, and administration of exhibitions held abroad.

Article 4

The Ministry of Foreign Trade and Economic Cooperation of the PRC (hereinafter referred as "MFTEC" for short) is responsible for the macro-control of exhibitions held abroad, checking the credentials of exhibition organizers, and supervision and inspection of exhibitions held abroad.

Chapter II Exhibition Organizers

Article 5

The CCPIT is responsible for organizing participants in the World Fair, registered or approved by the International Exhibition Bureau in the name of the state, and is responsible for holding exhibitions abroad on behalf of the state. It may invite varies departments of the State Council and local governments to organize enterprises and economic groups of varies regions and industries for participation.

Article 6

National chambers of commerce for import and export, and branches of the CCPIT in various industries, may hold exhibitions abroad, but shall not go beyond their industries.

Article 7

If it is necessary to hold exhibitions abroad in the name of local governments, for the purpose of coordinating economic and trade activities between local governments, the departments in charge of foreign economic and trade of all provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State planning (including former cities directly under State planning) and special economic zones shall be responsible for organization and implementation, but shall not go beyond their regions.

Article 8

Branches of the CCPIT in all provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State planning (including former cities directly under State planning) and special economic zones may hold exhibitions abroad, but shall not go beyond their regions.

Article 9

Associations of foreign-funded enterprises approved by the MFTEC, professional exhibition companies, and other relevant entities may hold exhibitions abroad within the scope as examined and approved by the MFTEC.

Chapter III Competence of Examination and Approval

Article 10

Plans for holding exhibitions abroad by the CCPIT, on behalf of the state, are submitted to the State Council for examination and approval after being signed by the MFTEC, the Ministry of Foreign Affairs, and the Ministry of Finance. Other plans for holding exhibitions abroad shall all be subject to the examination and approval of the CCPIT.

Chapter IV Procedures for Examination and Approval, and Record for Reference

Article 11

Management of examination and approval applies to the holding of exhibitions in those counties where exhibitions are centralized, as well as those countries without diplomatic relations (hereinafter referred to as "countries by management of examination and approval" for short). Management of record for reference applies to the holding of exhibitions in other countries (hereinafter referred to as "countries by management of record for reference").

Article 12

To hold exhibitions in countries by management of examination and approval, organizers should submit plans of holding exhibitions to the CCPIT (a duplicate of the plan should be sent to the MFTEC) within the first 2 months of each quarter and no later than 6 months before the exhibition opens, and fill out the application for holding exhibitions abroad.

Article 13

The CCPIT examines the plans for holding exhibitions submitted by the organizers in the last month of each quarter (plans for the first half of the following year are examined in June, plans for the second half of the following year are examined in September, plans of next year late submitted are examined in December, plans late submitted of the year are examined and in March), and issues ratification of holding exhibitions abroad. No more examinations will be added if there is no special situation.

Article 14

The CCPIT sends plans that have been approved upon examination to the MFTEC for countersignature. The MFTEC shall countersign the plan within 10 workdays from the day of receipt. Plans of holding exhibitions in countries without diplomatic relations should be sent to the Ministry of Foreign Affairs for countersignature at the same time.

Article 15

To hold exhibitions in countries by management of examination and approval, organizers should also submit an application of participating members to the CCPIT for review, three months prior to the opening of the exhibition. The CCPIT shall review the application within 10 workdays of receipt and issue its review of participating members. A duplicate of the review should be sent to the MFTEC.

Article 16

To hold exhibitions in countries by management of record for reference, organizers should submit plans for holding exhibitions three months before the exhibition opens, and fill out the application form for holding exhibitions abroad. The CCPIT should record the application for reference in 10 workdays of receipt, and issue the record for reference of holding exhibitions abroad. A duplicate of the record for reference should be sent to the MFTEC.

Article 17

Departments in charge of foreign economic and trade at all levels shall take the ratification or record of holding exhibitions abroad issued by the CCPIT as the basis of issuing relevant exit certificates of exhibits; customs, entry and exit inspection and quarantine institutions shall take the ratification or record of holding exhibition abroad issued by the CCPIC and relevant exit certificates of exhibits as the basis of inspection and release of the exhibits; departments in charge of exchange control and authorized foreign exchange banks at all levels shall take the ratification or record of holding exhibitions abroad issued by the CCPIT as the basis of handling relevant procedures of foreign exchange usage and cancellation after verification.

Article 18

Departments of foreign economic and trade, foreign affairs and exchange control, and authorized administrations of foreign exchange at all levels shall take the review of participating members or record of holding exhibitions abroad issued by the CCPIT as the basis of handling procedures for participating members going abroad, for changing currencies or cancellation after verification.

Chapter V Criterions and Requirements of Examination and Approval

Article 19

The criteria for examining and approving exhibitions held abroad are: the demand of diplomacy or foreign economic and trade, political and economic situation of the country where the exhibition is held, whether it is centralized to hold exhibitions in one country or region, the predicted effect of the exhibition (exposition), how will the exhibitions be held, and how the participating enterprises do in the exhibitions, the opinions of the Chinese embassies and consulates in those countries where the exhibition is held.

Article 20

The organizers should formulate feasible annual plans for holding exhibitions abroad and get the consent of the Chinese embassies and consulates of the country where the exhibition is to be held.

Article 21

Departments in charge of foreign economic and trade of all provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State planning (including former cities directly under State planning) and special economic zones may hold separate exhibitions, but not more than 2 in one year generally.

Article 22

In principle, two persons may attend the exhibition for each standard stall (3 ¡Á 3 m2) for 4 days plus the longest exhibition period. No participating enterprise may arrange for more persons to attend and the persons attending the exhibition may not stay longer than prescribed unless approval has been obtained.

Article 23

No unit shall organize and hold exhibitions abroad without approval; once a plan for holding exhibitions is approved, it shall not be changed or cancelled at will; if there is any change, the organizer shall inform the departments in charge of examination and approval and the embassies and consulates of China in the country of exhibition.

Chapter VI Management of Exhibition Group

Article 24

Organizers should abide by the laws and regulations of China strictly, keep to their promises, lay stress on services and take charges reasonably.

Article 25

Organizers should encourage enterprises to choose commodities of new and high technology, high added value and good marketability to take part in the exhibition. Counterfeit commodities, fake or inferior commodities and commodities that violate other¡¯s intellectual property right are forbidden to appear on exhibition.

Article 26

Organizers should lay stress on the effect of trade deals, and organize enterprises to carry out market research and trade negotiations actively.

Article 27

Organizers should strengthen the management of members going abroad, organize participating members study disciplines of foreign affairs, system of secrecy and etiquettes concerning foreign countries; traveling at public expenses in the name of holding exhibitions abroad is strictly prohibited.

Article 28

Organizers should draw up strict management measures of the exhibition group and strengthen leadership to the exhibition group; organize participating enterprises to display the exhibits and pay attention to the external image of the exhibition group; participating members shall not leave their stands at will during the exhibition.

Article 29

Organizers should accept the leadership of embassies and consulates of China stationed in the country where the exhibition is held and report to the embassies and consulates about the exhibition in time; strictly abide by laws and regulations of the country where the exhibition is held, respect local customs and comply to varies rules of the exhibition (exposition).

Article 30

For exhibition groups composed of many organizers and large scale shows attending the same exhibition (exposition), the MFTEC shall manage them by coordinating the rules of relevant exhibition units according to the circumstances.

Article 31

Organizers shall submit surveys and summaries of holding exhibition abroad to the CCPIT and the MFTEC in 1 month after the exhibition ends. The CCPIT shall submit summaries of holding exhibitions abroad of last year to the State Council before the end of March every year jointly with the MFTEC.

Chapter VII Punishments

Article 32

The CCPIT shall circulate a notice of criticism to organizers if they engage in one of the following acts but the circumstances are not very serious:

1)

Holding exhibitions abroad without approval;

2)

Transferring the letter of ratification to others;

3)

Traveling at public expenses in the name of holding exhibitions abroad;

4)

Adding members of the exhibition group or extending the period abroad at will;

5)

Infringing the interest of the participating enterprises;

6)

Other acts against the rules that are not very serious.

Article 33

The CCPIT can break off plans of holding exhibitions abroad that have been approved if organizers engage in acts seriously against the rules during the preparation of exhibitions.

Article 34

The CCPIT shall suspend the application for holding exhibitions abroad for 1 year if organizers engage in one of the following acts:

1)

Holding exhibitions abroad without approval and causing serious consequences;

2)

Altering, buying in and selling the letter of ratification for a profit or transferring the letter of ratification repeatedly;

3)

Seriously violating disciplines of foreign affairs, and finance and economics, and causing serious consequences.

4)

Infringing the interest of participating enterprises and having been complained repeatedly.

Article 35

The MFTEC shall render administrative punishments as canceling the qualification of holding exhibitions abroad if organizers engage in one of the following acts:

1)

Holding exhibitions abroad without approval repeatedly;

2)

Counterfeiting the letter of ratification or altering, buying in and selling the letter of ratification for a profit repeatedly;

3)

Seriously harming the external image of our country in foreign countries;

4)

Having been published by the CCPIT repeatedly in 2 years;

5)

Other acts that are seriously against the rules.

Article 36

Legal responsibility of relevant members that violate the laws during holding exhibition abroad shall be investigated according to the law.

Chapter VIII Supplementary Provisions

Article 37

The Measures come into effect as of the day of publishing and distribution. If relevant rules for holding exhibitions abroad put in force before conflict with the Measures, the Measures shall prevail.

Article 38

Plans for holding exhibitions in Hong Kong, Macao Special Administrative Region and Taiwan shall still be examined and approved by the MFTEC.

Attachment:Countries to Which Management of Examination and Approval of Holding Exhibitions Abroad is Applied

1.

Countries where exhibitions are centralized: Germany, Italy, France, Britain, Spain, Switzerland, Russia, Israel, the United Arab Emirates, Japan, Korea, Thailand, Singapore, Egypt, South Africa, the United State, Brazil, Australia.

2.

Countries without diplomatic relations.