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CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL ON THE STRICT CONTROL ON TRANSFERENCE OF FOREIGN WASTE TO CHINA (SUMMARY)

    In recent years, some countries and regions, out of their own interests,
have been transferring pollution by exporting large quantities of waste by
various means and channels. In order to protect the environment, the Party
Central Committee and the State Council have repeatedly warned that it is
forbidden to consider China as a storehouse where foreign waste may be dumped
or piled. In spite of this ban, some units, in pursuit of profit, have
illegally imported harmful waste from abroad and have thus seriously
jeopardized the environment of China and impaired the health of the Chinese
people. Therefore, firm measures shall be adopted to stop such actions. A
circular is hereby issued on the basis of the decision of the State Council:

    1. The protection of the environment is one of the basic state polices of
the Chinese government. Governments at all levels and relevant departments
shall attach great importance to this policy, firmly implement the
instructions of the Party Central Committee and the State Council, strictly
enforce the law, strengthen practical administration over the import of
foreign waste, and forbid China to be considered as a storehouse where harmful
waste may be dumped or piled.

    2. Practical administration concerning the import of foreign waste shall
be strengthened. The import of foreign waste shall be administered in two
categories: first, waste that is forbidden to be imported; and second, waste
that can be used as a raw material but the import of which shall be under
strict control.

    (1) For waste that is forbidden to be imported, no unit or individual
shall be permitted to engage in the import or other business activities
involving such waste. All departments concerned shall strictly check on and
resolutely forbid the import of such waste.

    (2) Imports of waste that can be used as a raw material but the import of
which is under strict control shall be examined and approved exclusively by
the State Bureau of Environmental Protection; no other department or local
people's government shall have this authority. The State Bureau of
Environmental Protection shall make strict inspections. The departments in
charge and the industrial and commercial administrations shall not permit the
enterprises concerned to deal in such imports or go through the registration
formalities without documents approved by the State Bureau of Environmental
Protection. Customs shall not permit such imports without approved documents.

    (3) For waste that can be used as a raw material but the import of which
is under strict control, The State Commodity Inspection Institution shall
include it in the directory of commodities requiring mandatory inspection and
shall conduct mandatory inspections. The State Administration for the
Inspection of Import and Export Commodities shall, in conjunction with the
State Bureau of Environmental Protection, work out the standards for mandatory
inspection as soon as possible (before the standards for inspection are issued
and implemented, the commodity inspection departments shall strengthen their
examinations and shall, in the event any problem is found, without delay
notify and transfer the case to the environmental protection departments and
customs for disposal).

    The provisional directory for the classification administration over the
import of waste shall be worked out and issued immediately by the State Bureau
of Environmental Protection in conjunction with the Ministry of Foreign
Economic Relations and Trade and the General Administration of Customs.

    3. For countries or regions that illegally transfer waste to China, the
departments concerned under the State Council shall act in close coordination
and make full use of domestic and international laws and regulations to
solemnly negotiate with said countries or regions in order to stop their
actions and demand the immediate transport of the waste back to the place of
origin.

    4. Units and individuals that illegally import waste shall be severely
punished in accordance with the respective duties of customs and the
departments of environmental protection, industry and commerce, foreign
economic relations and trade, and commodity inspection; those cases which
constitute crimes shall be transferred to judicial organs and prosecuted for
any criminal liability. Organs and concerned personnel that illegally approve
and permit the import of waste shall be subject to serious investigation and
handling.

    5. Units and individuals that evade taxes or gain export refunds by
cheating, once discovered, shall be severely punished in conformity with legal
provisions.

    6. Enterprises that have been engaged in importing, dealing in, or using
foreign waste shall be immediately cleaned up and rectified. Units that have
been illegally engaged in importing, dealing in, or using foreign waste that
has been prohibited to be imported shall be firmly banned by the industrial
and commercial administrations; units that have been engaged in importing,
dealing in, or using waste that can be used as a raw material but the import
of which shall be under strict control shall retroactively go through the
formalities of inspection and approval with the State Bureau of Environmental
Protection before the end of 1995; those who do not complete the formalities
by the deadline shall be forbidden by customs to import waste, shall be
deprived of the authority to import by the department of foreign economic
cooperation and trade, and shall have their business licenses revoked by the
industrial and commercial administration.

    7. The State Bureau of Environmental Protection shall take the lead in
organizing an allied investigative group with participation of the departments
concerned in order to strictly investigate and handle the illegal import of
waste and punish the law-breakers in conformity with legal provisions.
Vigorous propaganda and education shall be conducted, powerful public opinion
shall be aroused, and all social strength shall be relied on for supervision.

    8. The State Bureau of Environmental Protection shall, in conjunction with
the Ministry of Foreign Economic Cooperation and Trade and the General Office
of Customs, work out, issue, and implement as soon as possible specific
managerial methods for the import of waste.