[Home] [Databases] [WorldLII] [Search] [Feedback] Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> CIRCULAR OF THE STATE COUNCIL FOR APPROVING AND TRANSMITTING THE PROPOSALS SUBMITTED BY THE MINISTRY OF FOREIGN TRADE, THE MINISTRY OF COMMERCE AND THE STATE ADMINISTRATION FOR PROTECTION OF CULTURAL RELICS ON STRENGTHENING THE COMMERCIAL ADMINISTRATION AND IMPLEMENTING

[Database Search] [Name Search] [Noteup] [Help]

CIRCULAR OF THE STATE COUNCIL FOR APPROVING AND TRANSMITTING THE PROPOSALS SUBMITTED BY THE MINISTRY OF FOREIGN TRADE, THE MINISTRY OF COMMERCE AND THE STATE ADMINISTRATION FOR PROTECTION OF CULTURAL RELICS ON STRENGTHENING THE COMMERCIAL ADMINISTRATION AND IMPLEMENTING

    The Proposals on Strengthening the Commercial Administration of Cultural
Relics and Implementing the Policy for the Protection of Cultural Relics,
submitted by the Ministry of Foreign Trade, the Ministry of Commerce and the
State Administration for Protection of Cultural Relics, is hereby transmitted
to you for you to act upon accordingly.
PROPOSALS SUBMITTED BY THE MINISTRY OF FOREIGN TRADE, THE MINISTRY OF
COMMERCE AND THE STATE ADMINISTRATION FOR PROTECTION OF CULTURAL RELICS
ON STRENGTHENING THE COMMERCIAL ADMINISTRATION OF CULTURAL RELICS AND
IMPLEMENTING THE POLICY FOR THE PROTECTION OF CULTURAL RELICS

    In recent years, the cultural, foreign trade and commercial departments in
various localities have scored some achievements in purchasing cultural relics
and organizing the export of ordinary cultural relics. At present, however,
there still exist some problems with respect to the administration of the
commercial market for cultural relics, which are mainly manifested in
operations by too many departments, ununified pricing and confusion of market.
Some departments even purchase unearthed cultural relics without
authorization, thus encouraging the frenzy to "dig up tombs for buried
treasures". All this has proved extremely detrimental to the protection of
cultural relics.

    Chinese cultural relics are our historical cultural heritage. The export
of rare, precious cultural relics shall, without exception, be prohibited.
With respect to ordinary cultural relics which are of relatively recent times,
for which there are plenty of replicas and which are not valuable enough for
collection, an appropriate amount may be exported in an organized way.
Nevertheless, as these cultural relics are passed down from the past, their
sources of supply will only decrease with each passing day. Moreover, as they
are special commodities uniquely possessed by us, there are no such questions
as competition with other countries. It is therefore unadvisable to "sell
them in batches". Rather, we must follow closely the propensity of changes in
supply and demand relationship and prices in the international market, adopt
the principle of "exporting a small quantity at a time to secure longer supply
but striving to earn greater amount of foreign exchange", and organize the
export in a planned way. Commercial market operations for cultural relics,
shall be handled exclusively by an authorized department, with unified
purchase and pricing and strengthened administration. To facilitate the
protection of cultural relics and the export of ordinary cultural relics in an
organized way so as to bring in foreign exchange earnings and support
socialist construction, we now submit our proposals as follows:

    1. On the limits of export and the standards for assessment with respect
to cultural relics. Before new standards are formulated, the existing
provisions shall continue to be implemented. Of those cultural relics in
existence after the Sixtieth Year of the Reign of the Qian Long Emperor of the
Qing Dynasty (i.e. 1795 A.D.) that may be exported in accordance with the
existing standards, the more valuable and rare ones (including representative
modern art works), shall be put under strict restrictions. Ordinary cultural
relics in existence before the Sixtieth Year of the Reign of the Qian Long
Emperor of the Qing Dynasty may, with the special permission granted by the
State Administrative Bureau of Museums and Archaeological Materials, be
exported. The export of revolutionary cultural relics or objects that are
evidence of counter-revolutionary crimes shall, without exception, be
prohibited, irrespective of their times.

    2. On the division of work as to the administration and the business
operations in the business of cultural relics. Antique shops shall be placed
under the leadership of the cultural departments. Provinces, autonomous
regions and municipalities directly under the Central Government where there
are no antique shops shall have them established gradually. Antique shops that
are now under the leadership of foreign trade departments shall immediately be
placed under the leadership of the cultural departments instead. The business
personnel and real estate (including the warehouses) of the original antique
shops, as well as the cultural relics in stock which the foreign trade
departments and other departments have banned from being exported, shall be
handed over to cultural departments. The cultural relics taken over may be
priced at the same level as when they were formerly purchased. Funds and
warehouses of cultural relics departments may be appropriately increased if
they are in shortage. From now on, cultural relics in various localities shall
be exclusively purchased by antique shops. Pearls, gems, jadeite and diamonds
that do not fall within the scope of cultural relics shall be unifiedly
purchased by foreign trade departments (or shall be purchased by anique shops
and other agencies that are entrusted by foreign trade departments with such
purchase on their behalf). Antique shops shall be responsible for the supply
of cultural relics commodities that the foreign trade departments need for
export.

    The sales departments of antique shops, friendship stores and suppliers
for foreign vessels shall only handle replicas of cultural relics and
ordinary cultural relics that have undergone assessment and selection and are
classified as being exportable. But they may only engage in retail business
and not in wholesale. Cultural relic commodities shall be sold at prices
unifiedly fixed by foreign trade departments.

    No banks, friendship stores or suppliers for foreign vessels and
commission shop, etc. shall be permitted to purchase cultural relics. Cultural
relics commodities that are to be sold to foreign visitors by the sales
departments of friendship stores and suppliers for foreign vessels shall be
supplied by foreign trade departments.

    3. It is imperative for cultural relics, commercial and foreign trade
departments to co-ordinate their work and strengthen their co-operation. The
cultural relics department shall guard against the one-sided mentality of
caring only about collection while neglecting export and shall adopt a more
active approach in assessing and selecting cultural relics that are exportable
and supply them to foreign trade departments for export. If anyone comes to
hand over or sell cultural relics to commercial or foreign trade departments,
these departments shall immediately notify the local cultural relics
department so that the case shall be properly handled. Cultural relics that
are found mixed with commodities purchased shall be sorted out and handed over
to the cultural relics department in good time.

    4. Copper refineries, paper mills and salvage stations shall see to it
that the cultural relics found from among the recovered waste materials are
not disposed of as waste materials, but shall co-ordinate with the cultural
relics department, in sorting them out. The exportable objects among them
shall be handed over to the cultural relics department, which shall then
provide them to foreign trade departments for export. An equivalent quantity
of copper shall be offered by the State in return for the copperware sorted
out and handed over.

    5. Cultural relics commodities shall be exported via the four designated
ports of Beijing, Shanghai, Tianjin and Guangzhou and the Customs shall grant clearance
only on condition that the commodities have been assessed and approved as
exportable by the cultural relics department. No cultural relics that have not
been assessed and approved as exportable may be exported. No ports that have
not been duly designated shall be permitted to handle the export business of
cultural relics commodities and the Customs in various localities shall do a
good job of checking and make sure that this provision is complied with.

    6. Cultural, foreign trade and commercial departments and other
departments concerned shall actively publicize the policy for the protection
of cultural relics and protect ancient tombs and historical cultural sites
from damage or destruction. It is imperative to strengthen the administration
of the commercial market for cultural relics, resolutely crack down on the
smuggling and profiteering in cultural relics, guard against foreigners who
may take advantage of loopholes in our work and prevent important cultural
relics of collection value from going out of China.

    If there is nothing inappropriate about the aforesaid proposals, it is
requested that they be approved and transmitted to the various provinces,
autonomous regions and municipalities directly under the Central Government
for implementation with reference thereto.