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| Category | CATALOGUE OF INVALIDATED LAWS AND ADMINISTRATIVE REGULATIONS GOVERNING FOREIGN-RELATED MATTERS | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1988-06-18 | Effective Date | 1988-06-18 |
|
Circular of the State Council Concerning the Annulment of a Part of Regulations Governing Foreign-related Matters |
|---|
In order to speed up the implementation of the strategy for economic
development in the coastal areas, and to promote the development of
export-oriented economy in the coastal areas of our country, the departments
concerned under the State Council, in accordance with the planning and
requirements of the State Council for the sorting out of regulations governing
foreign-related matters, have undertaken the sorting out of the existing
administrative regulations as well as other regulatory documents (hereinafter
referred to as "the regulations", for short), promulgated by the State Council
or promulgated with the approval of the State Council. At present, the first
batch of seventeen regulations, which have been sorted out and should be
annulled, have been re-examined, piece by piece, by the Leading Group under
the State Council for the Sorting Out of Regulations jointly with the Bureau
of Legislative Affairs of the State Council and by the State Council; and it
is decided to announce the annulment of the aforesaid regulations (See Annex I
for the titles of the aforesaid regulations).
At the same time, the first batch of eleven regulations, which have become
invalid automatically, have also been sorted out and re-examined, piece by
piece, by the Leading Group under the State Council for the Sorting Out of
Regulations jointly with the Bureau of Legislative Affairs of the State
Council; and now these eleven invalid regulations (See Annex II for their
titles) are also included here as Annex II in order to help various regions
and departments concerned obtain an overall understanding of the condition of
those invalid regulations governing foreign-related matters, thereby
facilitating their work.
Annex I: A Catalogue of the First Batch of Regulations Governing
Foreign-Related Matters Which Should Be Annulled (17 pieces)
Annex II: A Catalogue of the First Batch of Regulations Governing
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Foreign-Related Matters Which Have Become Invalid Automatically (11 pieces)
Annex I A CATALOGUE OF THE FIRST BATCH OF REGULATIONS GOVERNING
FOREIGN-RELATED MATTERS WHICH SHOULD BE ANNULLED
---------------------------------------------------------------------------
|Serial| The Title of | Organ | Serial |
|
|Number| |
and | Number | Reasons for Annulment |
| | the Regulations | date of| of
|
|
| |
| promul-| Outgoing|
|
| |
| gation | Document|
|
|------|---------------------|--------|---------|-------------------------|
| 1 | Interim Provisions | Promul-| (1965) | Relaced by "Approval |
| | of the State Council| gated | State | and Transmission by the |
| | Concerning the | on | Council,|
State Council Concern- |
| | Unified Procedure |November| No. 394 | ing a Report Submitted |
| | for the Price-making| 11, |
| by the State Administra-|
| | of Export | 1965 |
| tion for Commodity |
| | Commodities | |
| Prices Requesting In- |
| |
| | | structions on Several
|
| |
| | | Problems Concerning the |
| |
| | | Price-making of Export |
| |
| | | Commodities" promulgated|
| |
| | | by Document (1979) |
| |
| | | No.206 of the State
|
| |
| | | Council on August 21,
|
| |
| | | 1979, and "Notice
|
| |
| | | Concerning the |
| |
| | | Strengthening of Control|
| |
| | | of Purchasing Prices of |
| |
| | | Export Commodities"
|
| |
| | | issued by Document |
| |
| | | (1987) No.492 of the |
| |
| | | Ministry of Foreign
|
| |
| | | Economic Relations and |
| |
| | | Trade and the State Ad- |
| |
| | | ministration for Com-
|
| |
| | | modity Prices
|
|------|---------------------|--------|---------|-------------------------|
| 2 | Interim Provisions | Promul-| (1974) | Replaced by "The Law of |
| | of the People's | gated | State | the People's
Republic of|
| | Republic of China | by the | Council,| China Concerning the |
| | Concerning the | State | No. 11 |
Protection of Marine En-|
| | Prevention of | Council|
| vironment", promulgated |
| | Pollution in the | on |
| by the Standing |
| | Coastals Waters | January|
| Committee of the |
| |
| 30,1974| | National People's |
| |
| | | Congress on August 23, |
| |
| | | 1982 |
|------|---------------------|--------|---------|-------------------------|
| 3 | Provisions on | Promul-| (1979) | Replaced by "Provisions
|
| | Several Ploblems | gated | State | of the State
Council |
| | Concerning Vigorous | by the | Council,| Concerning the speeding |
| | Development of | State | No. 202 | up and deepening
of the |
| | Foreign Trade and | Council| |
Reform in the Systems |
| | Increase in Foreign | on |
| of Foreign Trade", pro- |
| | Exchange Earnings | August | |
mulgated by Document |
| |
|13, 1979| | (1988) No. 12 of the |
| |
| | | State Council on
|
| |
| | | February 26, 1988, and |
| |
| | | by other documents |
|------|---------------------|--------|---------|-------------------------|
| 4 | Trial Procedures | Promul-| (1979) | Replaced by "Procedures |
| | for the Retention | gated | State | for the Retention of
a |
| | of a Portion of | by the | Council,| Portion of Foreign |
| | Foreign Exchange | State | No. 202 | Exchange from Export |
| | from Export | Council|
| Commodities", promul- |
| | Commodities | on |
| gated by Document |
| |
| August | | (1985) No. 43 of the |
| |
|13, 1979| | State Council on |
| |
| | | March 29, 1985 |
|------|---------------------|--------|---------|-------------------------|
| 5 | Approval and Trans- |December| (1979) | Replaced by "Notice of |
| | mission by the State| 21, | State | the State Council Con- |
| | Council Concerning | 1979 | Council,| cerning the Approval and|
| | the Procedures for | | No. 297 |
Transmission of Interim |
| | the Handling of | |
| Provisions of the State |
| | Cases of Using | |
| Planning Commission |
| | Foreign Loans in | |
| Concerning the Improve- |
| | the Introduction | |
| ment of the Planning |
| | of Technology and | |
| System", promulgated |
| | the Importation of | |
| by Document No. 138, |
| | Equipment for | |
| (1984) of the State |
| | Carrying Out | |
| Council on October 4, |
| | Capital Construction| |
| 1984, and also by |
| | Projects by Such | |
| "Approval and |
| | Departments as | |
| Transmission by the |
| | Foreign Exchange, | |
| State Council Concern- |
| | Finance, and | |
| ing Suggestions Raised |
| | Planning for | |
| by the State Planning |
| | Capital Construction| |
| Comission on the |
| |
| | | Exploitation of
|
| |
| | | Foreign Loans", promul- |
| |
| | | gated by Document
|
| |
| | | No. 83 (1986) of the |
| |
| | | State Council on |
| |
| | | August 16, 1986
|
|------|---------------------|--------|---------|-------------------------|
| 6 | Approval and Trans- | June | (1980) | Replaced by "Notice of |
| | mission by the | 30, | State
| the State Bureau of |
| | State Council | 1980 | Council,| Foreign Expert
Affairs |
| | Concerning the | |
No. 151 | Concerning the Publica- |
| | Summary of a | |
| tion of `A Summary of a |
| | National Forum on | |
| National Conference on |
| | the Work of | |
| the Work of Foreign Ex- |
| | Foreign Experts in | |
| perts in Culture and |
| | Cultural and | |
| Education'" promulgated |
| | Educational Work | |
| by Document No. 78 |
| |
| | | (1987) of the State
|
| |
| | | Bureau of Foreign Expert|
| |
| | | Affairs on April 10, |
| |
| | | 1987 |
|------|---------------------|--------|---------|-------------------------|
| 7 | Notice of the State | June | (1981) | Replaced by "Notice of |
| | Council Concerning | 3, | State | the State
Council |
| | Its Approval and | 1981 | Council,| Concerning its Approval
|
| | Transmission of "A | | No.97
| and Transmission of the |
| | Report Concerning | |
| Suggestions Raised by |
| | How the present | |
| the State planning |
| | Foreign Economic | |
| Commission, the Economic|
| | Relations and | |
| Commission and the |
| | Trade Can Serve | |
| Ministry of Foreign |
| | the Readjustment | |
| Economic Relations and |
| | of National | |
| Trade Concerning |
| | Economy", Submitted | |
| Division of Labour in |
| | by the State | |
| the Work of Foreign |
| | Commission for | |
| Economic Relations and |
| | Imports and Exports | |
| Trade", Promulgated |
| |
| | | by Document No. 13 |
| |
| | | (1983) of the State
|
| |
| | | Council on January 31, |
| |
| | | 1983, and also by
|
| |
| | | "Provisions of the State|
| |
| | | Council on Several |
| |
| | | Problems Concerning the |
| |
| | | Speeding up of Reform
|
| |
| | | in Foreign Trade |
| |
| | | System", Promulgated on |
| |
| | | February 26, 1988
|
|------|---------------------|--------|---------|-------------------------|
| 8 | Notice of the State | January| (1982) | Replaced by "Notice of |
| | Council Concerning | 3, | State | the State
Council Con- |
| | Its Approval and | 1982 | Council,| cerning Its Approval |
| | Transmission of a | | No. 1
| and Transmission of the |
| | Report Submitted by | |
| 1988 Plan for the |
| | the State Commission| |
| Reform of Foreign Trade |
| | for Imports and | |
| Systems, Submitted by |
| | Exports and the | |
| the Ministry of Foreign |
| | State Economic | |
| Economic Relations and |
| | Commission Con- | |
| Trade", promulgated by |
| | cerning the | |
| Document No. 90 (1987) |
| | Establishment of | |
| of the State Council on |
| | China Association | |
| September 26, 1987 |
| | of Arts and Crafts | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 9 | Notice of the State | January| (1982) | Because it is in |
| | Council Concerning | 7, | State | conflict with
|
| | Its Approval and | 1982 | Council,| "Provisions of the |
| | Transmission of "A | | No. 5
| State Council Concern- |
| | Report Requesting | |
| ing the Speeding Up of |
| | Instructions on the | |
| Reform in Foreign Trade |
| | Provisions for the | |
| Systems", promulgated |
| | Realization of | |
| on February 26, 1988 |
| | Classified | |
|
|
| | Operations of | |
|
|
| | Export Commodities | |
|
|
| | in Foreign Trade", | |
|
|
| | Submitted by the | |
|
|
| | Ministry of Foreign | |
|
|
| | Economic Relations | |
|
|
| | and Trade | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 10 | Notice of the | March | (1982) | Replaced by
"Notice of |
| | General Office of | 26, | State | the General
Office of |
| | the State Council | 1982 | Council,| the State Council
|
| | Concerning the | |
No. 27 | Concerning the |
| | Transmission of a | |
| Transmission of Two |
| | Report Submitted by | |
| Documents Submitted by |
| | the Former State | |
| the Ministry of Foreign |
| | Commission for Im- | |
| Economic Relations and |
| | ports and Exports | |
| Trade Concerning the |
| | and by Other Units | |
| Implementation of |
| | Concerning the | |
| Unified Operations of |
| | Strengthening of | |
| Pearls", promulgated by |
| | the Coordination | |
| Document No. 55 (1986) |
| | and Administration | |
| of the State Council on |
| | of the Production | |
| July 19, 1986 |
| | and Marketing of | |
|
|
| | Pearls | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 11 | Notice of the State | May 25,| (1982) | Replaced by "Several |
| | Council Concerning | 1982 | State | Provisions Concerning
|
| | Its Approval and | |
Council,| the Inspection and |
| | Transmission of a | | No. 87 |
Administration of |
| | Report Submitted by | |
| Importation of Machinery|
| | the State Economic | |
| and Electrical |
| | Commission and the | |
| Equipment", promulgated |
| | State Planning Com- | |
| by Document No. 452 |
| | mission Requesting | |
| (1987) on August 1, |
| | Instructions on the | |
| 1987 |
| | Suspension of the | |
|
|
| | Importation of | |
|
|
| | Watches and on the | |
|
|
| | Strengthening of | |
|
|
| | the Administration | |
|
|
| | of the Importation | |
|
|
| | of Micro-computers, | |
|
|
| | Tape- and | |
|
|
| | Video-Recording | |
|
|
| | Equipment | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 12 | Notice of the | August | (1984) | Replaced by "Notice
on |
| | General Office of | 30, | General | the Suggestions Concer-
|
| | the State Council | 1984 | Office | ning the Improvement
of |
| | Concerning the | |
of the | Employing Foreign Ex- |
| | Improvement of | |
State | perts in Cultural and |
| | Employing Foreign | | Council,|
Educational Work", pro- |
| | Experts in Cultural | | No. 76 |
mulgated by Document |
| | and Educational Work| |
| No. 87 (1987) of the |
| |
| | | State Bureau of Foreign |
| |
| | | Expert Affairs on
|
| |
| | | May 26, 1987 |
|------|---------------------|--------|---------|-------------------------|
| 13 | Notice of the | August | (1984) | Replaced by "Provisions
|
| | General Office of | 30, | General | Concerning the Daily |
| | the State Council | 1984 | Office | Life Treatment of
|
| | Concerning the | |
of the | Foreign Experts Engaged |
| | Transmission of | |
State | for a Short Period of |
| | the Provisions of | | Council,|
Time", promulgated by |
| | the State Bureau of | | No. 77 |
Document No. 146 (1987) |
| | Foreign Expert | |
| by the State Bureau of |
| | Affairs, the | |
| Foreign Expert Affairs, |
| | State Science and | |
| on September 1, 1987 |
| | Technology Com- | |
|
|
| | mission and the | |
|
|
| | Ministry of Finance | |
|
|
| | Concerning the | |
|
|
| | Daily Life Treat- | |
|
|
| | ment and Courteous | |
|
|
| | Reception of | |
|
|
| | Foreign Experts | |
|
|
| | Engaged for a Short | |
|
|
| | Period of Time | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 14 | Notice of the State | Sep- | (1984) | Replaced by "Provisions |
| | Council Concerning | tember | State | of the State Council |
| | Its Approval and | 15, | Council,| Concerning
the Speeding |
| | Transmission of a | 1984 | No. 122 | Up and Deepening of the |
| | Report Submitted by | |
| Reform in the Systems of|
| | the Ministry of | |
| Foreign Trade", pro- |
| | Foreign Economic | |
| mulgated by Document |
| | Relations and Trade | |
| No. 12 (1988) of the |
| | On the Suggestions | |
| State Council on |
| | Concerning the | |
| February 26, 1988 |
| | Refom in the Foreign| |
|
|
| | Trade Systems | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 15 | Provisions of the | Promul-| (1985) | Replaced by "Several |
| | General Office of | gated | General | Provisions Concerning
|
| | the State Council | on Sep-| Office | the Investments to Be
|
| | Concerning the | tember | of the | Made by Various
Parties |
| | Proportion Between | 5, | State | to a Chinese-Foreign |
| | the Registered | 1985 | Council,| Equity Joint
Venture", |
| | Capital and the | |
No. 62 | approved by the |
| | Total Amount of | |
| State Council on |
| | Investments of | |
| December 30, 1987 and |
| | Chinese-Foreign | |
| promulgated jointly by |
| | Equity Joint | |
| the Ministry of Foreign |
| | Ventures | |
| Economic Relations and |
| |
| | | Trade and the State Ad- |
| |
| | | ministration for |
| |
| | | Industry and Commerce on|
| |
| | | January 1, 1988
|
|------|---------------------|--------|---------|-------------------------|
| 16 | Notice of the |December| (1985) | Replaced by "Provisions
|
| | General Office of | 31, | General | of the State Council |
| | the State Council | 1985 | Office | Concerning the Speeding
|
| | Concerning the | |
of the | Up and Deepening of the |
| | Transmission of a | | State
| Reform in the Systems of|
| | Report Submitted by | | Council,| Foreign Trade",
pro- |
| | the Ministry of For-| | No. 92 |
mulgated on February |
| | eign Economic Rela- | |
| 26, 1988 |
| | tions and Trade on | |
|
|
| | the Strengthening | |
|
|
| | of the Adminis- | |
|
|
| | tration of the | |
|
|
| | Export of Chinese | |
|
|
| | Medicinal Herbs | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 17 | A Written Reply of | May | (1987) | Replaced by "Notice
of |
| | the General Office | 29, | General | the State Council Con- |
| | of the State Council| 1987 | Office | cerning the Expansion of|
| | Concerning the | |
of the | the Scope of Coastal |
| | Granting of | |
State | Economic Open Zones", |
| | Preferential | |
Council,| promulgated by Document |
| | Treatment to | |
No. 31 | No. 21 (1988) of the |
| | Nanjing, Zhenjiang | |
| State Council on March |
| | and Yangzhou in the | |
| 18, 1988 |
| | Implementation of | |
|
|
| | the Policy of | |
|
|
| | Opening to the | |
|
|
| | Outside World | |
|
|
|------|---------------------|--------|---------|-------------------------|
Annex II A CATALOGUE OF THE FIRST BATCH OF REGULATIONS GOVERNING
FOREIGN-RELATED MATTERS WHICH HAVE BECOME INVALID AUTOMATICALLY
--------------------------------------------------------------------------|
|Serial| The Title of the | Organ | Serial | Reasons for Annulment |
|Number| Regulations | and | Number |
|
| |
| Date of| of |
|
| |
| promul-| Outgoing|
|
| |
| gation | Document|
|
|------|---------------------|--------|---------|-------------------------|
| 1 | Interim Provisions |Adopted | | Regulations,
formulated |
| | of the People's |at the |
| to suit the circum- |
| | Republic of China |203 |
| stances at that time, |
| | for the Adminis- |Regular |
| have become invalid |
| | tration of Seaport |Session | |
automatically |
| |
|of the | |
|
| |
|Govern- | |
|
| |
|ment | |
|
| |
|Adminis-| |
|
| |
|tration | |
|
| |
|Council | |
|
| |
|on | |
|
| |
|January | |
|
| |
|21, | |
|
| |
|1954 | |
|
|------|---------------------|--------|---------|-------------------------|
| 2 | Administrative Pro- | Promul-| (1973) | Regulations, formulated |
| | cedures for Safe- | gated | State | to suit the circums- |
| | guarding the | on |
Council,| tances at that time, |
| | Security of Airports|December| No.182 | have become invalid
|
| | Open to the Outside | 17, |
| automatically |
| | World and of | 1973 |
|
|
| | International Air- | |
|
|
| | liners, Approved by | |
|
|
| | the State Council | |
|
|
| | and the Military | |
|
|
| | Commission of the | |
|
|
| | Central Committee of| |
|
|
| | the CPC (a proposed | |
|
|
| | draft) | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 3 | Interim Provisions | Promul-| (1978) | Provisions, formulated |
| | of the State Council| gated | State | to suit the circums- |
| | Concerning the Ex- | on | Council,| tances at that time, |
| | amining and Approv- | Septem-| No.173 | have become invalid
|
| | ing Procedures for | ber 12,| |
automatically |
| | Personnel Sent | 1978 |
|
|
| | Abroad to Hold | |
|
|
| | Business Talks for | |
|
|
| | Handling Processing | |
|
|
| | and Assembling | |
|
|
| | Operations and also | |
|
|
| | for Foreign Manufac-| |
|
|
| | turers Coming to | |
|
|
| | China | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 4 | Approval and Trans- | May | (1979) | Provisions, formulated |
| | mission by the State| 21, | State | to suit the circums- |
| | Council of a Report | 1979 | Council,| tances at that time, |
| | Submitted by the | |
No.135 | have become invalid |
| | State Planning Com- | |
| automatically |
| | mission Concerning | |
|
|
| | the Carrying Out of | |
|
|
| | Processing and As- | |
|
|
| | sembling Operations | |
|
|
| | for Foreign Busi- | |
|
|
| | nessmen | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 5 | Notice of the State | August | (1979) | Provisions, formulated |
| | Council Concerning | 9, | State | to suit the
circums- |
| | the Procedures for | 1979 | Council,| tances at that time, |
| | Price-making of Im- | | No. 197 | have become
invalid |
| | ported Technology | |
| automatically |
|------|---------------------|--------|---------|-------------------------|
| 6 | Approval and Trans- | Septem-| (1979) | Specific provisions, |
| | mission by the State| ber | State | formulated to suit the |
| | Council of a Report | 14, | Council,| circumstance at that |
| | Submitted by the | 1979 | No. 233 | time, have become
|
| | State Commission | |
| invalid automatically |
| | for Imports and | |
|
|
| | Exports Concerning | |
|
|
| | the Summary of a | |
|
|
| | Forum Held by | |
|
|
| | Representatives | |
|
|
| | from Beijing, | |
|
|
| | Tianjin and Shanghai| |
|
|
| | on Export Business | |
|
|
|----------------------------|--------|---------|-------------------------|
| 7 | "A Report on Pro- | March | (1980) | The term of applicabi- |
| | blems Concerning | 20, | Ministry| lity has expired,
and |
| | Japanese Nationals | 1980 | of |
the document has become |
| | Residing in China to| | Public |
invalid automatically |
| | Leave for Japan | |Security,|
|
| | Hereafter", Approved| | No. 54 |
|
| | by the State Council| |
|
|
| | and Promulgated by | |
|
|
| | the Ministry of | |
|
|
| | Public Security | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 8 | Notice of the State | July | (1980) | The term of applicabi- |
| | Council Concerning | 24, | State | lity has expired,
and |
| | Its Approval and | 1980 | Council,| the document
has become |
| | Transmission of the | | No. 196 | invalid automatically
|
| | Report Submitted by | |
|
|
| | the State Commission| |
|
|
| | for Imports and Ex- | |
|
|
| | ports and by Other | |
|
|
| | Ministries and Com- | |
|
|
| | missions Concerning | |
|
|
| | the Proposed Pro- | |
|
|
| | cedures for Internal| |
|
|
| | Settlement of the | |
|
|
| | Price of Foreign | |
|
|
| | Exchange Earned | |
|
|
| | Through Trade | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 9 | Notice of the State | July | (1982) | Provisions, formulated |
| | Council Concerning | 30, | State | to suit the
circum- |
| | the Carrying Out of | 1982 | Council,| stances at that time, |
| | Checking up and Rec-| | No. 104 | have become
invalid |
| | tification in the | |
| automatically |
| | Enterprises Newly | |
|
|
| | Built in the Areas | |
|
|
| | of Hong Kong and | |
|
|
| | Macao by Various | |
|
|
| | Areas and Depart- | |
|
|
| | ments | |
|
|
|------|---------------------|--------|---------|-------------------------|
| 10 | Notice of the State | January| (1983) | Specific Provisions, |
| | Council Concerning | 11, | State | formulated
to suit the |
| | Its Approval and | 1983 | Council,| circumstances
at that |
| | Transmission of a | | No. 8
| time, have become |
| | Report Submitted by | |
| invalid automatically |
| | the Ministry of For-| |
|
|
| | eign Economic Rela- | |
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| | tions and Trade and | |
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| | the Ministry of | |
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| | Foreign Airairs | |
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| | Requesting Instruc- | |
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| | tions on Problems | |
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| | Concerning the | |
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| | Control of Im- | |
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| | portation, and Sus- | |
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| | pension of Purchase | |
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| | of American Cotton, | |
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| | Chemical Fiber and | |
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| | Soybean | |
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| 11 | Notice of the State | April | (1985) | Specific Provisions, |
| | Council Concerning | 23, | State | formulated
to suit the |
| | the Transmission of | 1985 | Council,| circumstances at that |
| | the 1985 Authorized | | No. 61 |
time, have become |
| | Quota for the Use of| |
| invalid automatically |
| | Foreign Exchange | |
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| | Earnings Owned by | |
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| | Local Areas and | |
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| | Departments in Ful- | |
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| | filling the Plan | |
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| | for Importation | |
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URL: http://www.asianlii.org/cn/legis/cen/laws/cotscctaoaporgfm1018