Laws of the People's Republic of China

    Article 1  These Measures are formulated for tighter control over imported
films in accordance with the spirit of the Circular Concerning Checking the
Excessive Showing of Films for Restricted Information Only, which was issued
by the State Council of the People's Republic of China and the Central
Military Commission of the People's Republic of China on April 14, 1980.

    Article 2  The business of importing and releasing films or copies for
preview (including 35-mm, 16-mm and extra-8-mm films, films on video-tapes and
films on videodiscs, which are hereinafter generally referred to as "films")
from foreign countries and the regions of Hong Kong and Macao shall be
exclusively handled and controlled by the China National Films Release and
Projection Corporation (hereinafter referred to as "the China Films
Corporation").

    With respect to the import of a film, the Customs shall, on the strength
of the Customs Declaration Form for Imported Goods duly completed and
presented by the China Films Corporation, effect inspection and grant
clearance, With respect to films to be released nationwide for commercial
purposes, formalities to pay Customs duties shall be fulfilled at the time of
the import thereof. Films to be imported for non-commercial purposes shall be
exempted from Customs duties, If, upon approval, films imported for
non-commercial purposes are to be released nationwide after the import
thereof, the China Films Corporation shall, in accordance with the relevant
regulations, fulfil the formalities with the Beijing Customs for retroactive
payment of Customs duties.

    Article 3  With respect to data films imported by the China Cinematheque
(including films selected and purchased from each other by, or exchanged
between, or given to each other as presents by the China Cinematheque and
foreign cinematheques and films purchased through other channels as data), if
they are imported for non-commercial purposes, the Customs shall, on the
strength of the Customs Declaration Form for Imported Goods duly completed and
presented by the China Cinematheque, effect inspection and grant clearance
without levying duties.

    If, upon approval, imported data films need to be released nationwide, the
China Films Corporation shall, in accordance with the relevant regulations,
fulfil the formalities with the Beijing Customs for retroactive payment of
Customs duties.

    Article 4  With respect to specialized documentaries and science and
educational films imported by units of science and technology, industry,
agriculture, education, public health, journalism, foreign trade and foreign
affairs to meet the needs in their business or professional work, if the
importing units are affiliated to departments under the State Council, the
import shall be subject to the examination and approval of the respective
ministries or commissions (or bureaus) under the State Council. If the
importing units are local ones, the import shall be subject to the examination
and approval of the people's governments of the provinces, autonomous regions
or municipalities directly under the Central Government. At the time of the
import of these films, the Customs shall, on the strength of the documents of
approval issued by the ministries or commissions (or bureaus) concerned under
the State Council or by the people's governments of the provinces, autonomous
regions or municipalities directly under the Central Government and of the
Customs Declaration Forms for Imported Goods duly completed and presented in
triplicate by the applying units, effect inspection and grant clearance
without levying duties and shall dispatch one copy of the said Forms affixed
with the Customs official seal to the Cinema Administrative Bureau of the
Ministry of Culture for the record.

    Article 5  With respect to feature films presented to mainland
institutions, organizations, schools and other units by foreign organizations
or individuals or by those in the regions of Hong Kong and Macao or in Taiwan
Province, if the recipient units are affiliated to departments under the State
Council, the acceptance shall be subject to the examination and approval of
the Cinema Administrative Bureau of the Ministry of Culture. If the recipient
units are local ones, the acceptance shall be subject to the examination and
approval of the cultural bureaus (or cinema bureaus) of the provinces,
autonomous regions or municipalities directly under the Central Government and
shall be reported in writing to the Cinema Administrative Bureau of the
Ministry of Culture for the record.

    At the time of the import of these films, the Customs shall, on the
strength of the Customs Declaration Forms for Imported Goods duly completed
and presented by the recipient units and of the relevant documents of
approval, effect inspection and grant clearance without levying duties.

    The recipient units shall hand the said films over to the China
Cinematheque for unified custody. If the films have to be used to meet the
special business or professional needs, the recipient units may, on the
strength of the documents of approval issued by the higher competent
authorities, pick them up for the reference of the personnel concerned but may
not lend them out, or show them for entertainment purposes or show them to the
public. Upon completion of the reference, the films shall be sent back to the
custody of the China Cinematheque.

    If upon approval, imported feature films are to be released nationwide,
the China Films Corporation shall fulfil the formalities with the Customs for
retroactive payment of Customs duties.

    Article 6  With respect to science and educational films that are sent by
post by foreiners, overseas Chinese and compatriots in Hong Kong, Macao and
Taiwan Province or carried in person by them when they enter China's mainland
to be given to individuals in China as presents for use as reference
materials, the Customs shall permit their import and shall, on the strength of
the Customs Declaration Forms for Imported Goods duly completed and presented
by the individuals that are to accept the films and of the letters of
certification issued by the units where the said individuals belong, effect
inspection and grant clearance without levying duties. With respect to feature
films given to individuals in China as presents, the Customs shall in general
not permit their import and shall send them back. Under special circumstances,
the Ministry of Culture and the General Administration of Customs shall study
and dispose of them.

    With respect to films that are carried in person by personnel of foreign
embassies (or consulates) in China, resident personnel in China sent by
foreign industrial and commercial enterprises (including resident foreign
correspondents) and foreign experts (including experts in culture and
education, economy, and science and technoloyg) who have been recruited to
work in China (or that are sent to them by post from abroad), the Customs
shall handle them in accordance with the existing relevant provisions. These
films shall, after their import, be placed under the strict control of the
departments concerned and shall be shown only by the aforesaid foreigners
among themselves. Chinese units or individuals are not permitted to borrow
these films for projection.

    Article 7  Business activities with respect to the joint production of
films by China and foreign countries and the joint production of films by
China's mainland and the regions of Hong Kong and Macao or by the mainland and
Taiwan Province shall all be subject to the administration of the China Films
Joint Production Corporation, with the exception of the business activities of
the three Hong Kong films companies of the Great Wall, the Phoenix and the
Sunlin when they come back to shoot films on the mainland, where the Office of
Hong Kong & Macao Affairs under the State Council shall directly approach the
regions and units concerned for matters in this respect. With respect to the
import of the films jointly produced, the China Films Joint Production
Corporation shall fulfil the formalities of import Customs declaration with
the Customs. If, among these films, there are some that are to be released
nationwide, the China Films Corporation shall, in accordance with the relevant
regulations, fulfil the formalities with the Beijing Customs for retroactive
payment of Customs duties.

    Article 8  Films that are imported in violation of the relevant provisions
or smuggled in shall be dealt with by the Customs in accordance with the
relevant provisions. Those among the confiscated flims that are worth keeping
because of their value for reference may be passed on to the Cinema
Administrative Bureau under the Ministry of Culture, which shall hand them
over to the China Cinematheque for preservation.

    Article 9  These Measures shall go into effect as of the date of
promulgation.