Laws of the People's Republic of China

    While China continues to implement its opening policy and relatively more
departments, localities and enterprises are participating in foreign economic
relations and trade, in order to refrain from self-competition and avoid
chaos while appropriately arousing the enthusiasm of all various aspects and
devoting major efforts to developing foreign economic relations and trade,
the coordination and administration of foreign economic relations and trade
must be strengthened so as to realize unified and joint external actions.
Therefore, in addition to other coordinative and administrative measures, it
is decided that commissioners shall be sent to major ports and commissioners'
offices shall be set up.

    1. As agencies of the Ministry of Foreign Economic Relations and Trade
and by the name of the Commissioners' Office of the Ministry of Foreign
Economic Relations and Trade in ____ , commissioners' offices shall be
subjected to the leadership of the Ministry of Foreign Economic Relations and
Trade and be responsible to the Ministry. Commissioners shall maintain close
ties with the local governments and Party organizations, report the work
situation to them, get supports therefrom, and make reports in good time to
the Ministry of Foreign Economic Relations and Trade for instructions.

    2. The Duties of Commissioners

    (1) They shall, in accordance with the principle of unified policy,
unified planning and unified external action and in consideration of being
favorable to the development of foreign economic relations and trade, conduct
supervision and direction over the implementation of import and export
commodity coordinating programs worked out by the Import and Export
Commodity Coordinating Group. When any problem arises from the implementation
of an import and export commodity coordinating program, the commissioner may
settle the problem then and there if it is within his jurisdiction; the
problem shall be settled by the Coordinating Group of the company if it is
a national problem, such as great changes of markets, quantities, prices and
customers, etc.;

    (2) They shall strengthen the administration and, according to the
jurisdiction authorized by the Ministry of Foreign Economic Relations and
Trade, be responsible for the examination and approval of applications for
and the issuance of import and export licenses for some commodities;

    (3) They shall assist specialized import and export companies (including
companies engaging in both industry and trade, same below) to realize step by
step the unified and combined operations by sectors and with major ports as
centers, with regard to main exports.

    (4) They shall, for the purpose of strengthening the unification and
combination of external actions and in the light of specific situations,
convene contacting conferences attended by the foreign economic relations and
trade departments of the ports they reside in and those of the provinces,
municipalities or autonomous regions under their jurisdictions, so as to
facilitate the exchange of each other's situation and the coordination of
relations between ports and inland areas. Relevant specialized companies and
relevant units under the Ministry of Foreign Economic Relations and Trade may
send their personnel to the conferences;

    (5) They shall make investigation and research on the implementation of
general and specific policies regarding foreign economic relations and trade,
the strengthening of import and export administration and the reform of the
system of foreign economic relations and trade, and shall put forward
proposals to the Ministry of Foreign Economic Relations and Trade; and

    (6) They shall deal with other matters entrusted by the Ministry of
Foreign Economic Relations and Trade.

    3. Rights of Commissioners

    (1) They may interfere and stop the business activities of import and
export enterprises which do not conform to the division of import and export
operations or the coordinating programs;

    (2) They may stop transactions in violation of policies, laws or
regulations of the state, and refuse to issue licenses with regard to those
transactions;

    (3) Import and Export Commodity Coordinating Groups of various
specialized companies shall provide commissioners with business information
(including coordinating programs, summaries of conferences, bulletins,
statistical data and reports, etc.), so as to facilitate commissioners'
inspection and supervision on and adjudication in the coordinating work;

    (4) Administrative departments of the local provinces or municipalities
and of relevant inland provinces, municipalities or autonomous regions shall
send to commissioners a duplicate of their reports on the administrative
work. Commissioners may, for the need of the work, request the administrative
departments of foreign economic relations and trade and enterprises engaging
in foreign trade in the local areas and those of relevant provinces,
municipalities or autonomous regions to provide information and materials
concerning the coordination and administration; and

    (5) Relevant local departments such as departments in charge of transport
and communications, ports, banks, customs and commodity inspection, etc.
shall take active cooperation with commissioners for the latter's performance
of duties stipulated in the Regulations.

    4. The Appointments, Terms and Members' Activities of and Awards and
Punishments to Commissioners

    (1) A commissioners' office shall have one commissioner and one deputy
commissioner, which shall all be appointed by the State Council upon
nomination by the Ministry of Foreign Economic Relations and Trade.

    (2) The term of office of a commissioner shall generally be two years and
the commissioner shall be rotated upon its expiration. The term may be
appropriately extended if necessary. The rotating system shall also be
applicable to personnel of commissioners' offices.

    (3) The Ministry of Foreign Economic Relations and Trade shall be
responsible for the political and ideological work of commissioners' offices.
Party and League members among commissioners and personnel of commissioners'
offices shall respectively set up their Party and League organizations which
shall be respectively under the leadership of the Party and League committee
of the Ministry of Foreign Economic Relations and Trade. In case of urgent
and important report relay or document reading, they may ask the local Party
committee to assist in arrangement.

    (4) The Ministry of Foreign Economic Relations and Trade shall be
responsible for handling awards and punishments to commissioners and
personnel of commissioners' offices.

    5. Compositions and Sources of Funds of Commissioners' Offices and Daily
Lives of Their Personnel

    (1) The compositions of commissioners' offices shall be determined
according to the principle of efficiency and simplification with the cadres
sent by the Ministry of Foreign Economic Relations and Trade. The internal
structural establishments shall be simple and they shall strive to raise
working efficiency.

    (2) Expenditures of commissioners' offices shall be incorporated in the
budget of the Ministry of Foreign Economic Relations and Trade.

    (3) Relevant departments of the local people's governments shall assist
in arranging daily lives of personnel of commissioners' offices.

    6. The Style of Work of Commissioners and Personnel of Commissioners'
Offices

    Commissioners and personnel of commissioners' offices shall actively
study the Party's lines, guiding principles and policies, correctly implement
policies and provisions concerning foreign economic relations and trade, and
try to promote the development of foreign economic relations and trade. They
shall strengthen the work of investigation and research, listen to opinions
from various aspects with an open mind, be practical and realistic in their
work, and adopt an overall point of view. They shall impartial and
conscientious in their work, carry forward the fine traditions of the Party,
serve the people wholeheartedly, and do their best at the work they
undertake.

    7. These Interim Regulations shall enter into force upon the approval of
the State Council. Supplements or amendments to these Regulations shall be
proposed by the Ministry of Foreign Economic Relations and Trade, and
implemented after submitted to and approved by the State Council.