Laws of the People's Republic of China

    Article 1  These Measures are formulated with a view to strengthening the
administration of the foreign-related archaeological activities, protecting
the ancient cultural heritage of China and promoting its academic exchanges
in the archaeological field with foreign countries.

    Article 2  These Measures shall apply to the archaeological investigation,
exploration and excavation as well as to the related studies, scientific and
technological protection and  other  activities  which are  conducted by the
relevant Chinese units (hereinafter referred to as Chinese party) in
collaboration with foreign organizations or international organizations
(hereinafter referred to as foreign party) on the land territory, in the
inland waters and the territorial seas of China as well as in other sea area
within the jurisdiction of China.

    Article 3  Any foreign or international organization that intends to
conduct archaeological investigation, exploration or excavation in China must
undertake it in collaboration with China.

    Article 4  The State Bureau of Cultural Relics shall be in charge of the
unified administration of the foreign-related archaeological activities
throughout the country.

    Article 5  For the purposes of these Measures,

    (1) "archaeological investigation" refers to such activities, conducted
for the purpose of obtaining archaeological materials and information, as
archaeological recording of ancient cultural sites, ancient tombs, ancient
architectures, cave temples and other underground and underwater cultural
relics, and collecting of cultural relics and natural specimens;

    (2) "archaeological exploration" refers to exploring activities aiming at
obtaining such basic information as the nature, structure and range of
underground or underwater historical cultural remains;

    (3) "archaeological excavation" refers to such activities, conducted for
the purpose of obtaining archaeological materials and information, as
scientific discovering and archaeological recording of sites of ancient
culture, ancient tombs and other underground and underwater cultural relics
as well as collecting of cultural relics and natural specimens;

    (4) "archaeological recording" refers to such activities conducted in a
systematic manner as written description, surveying cartographing, rubbing,
photographing, cinematographing and videotaping;

    (5) "natural specimens" refers to natural remains obtained in
archaeological investigation, exploration and excavation.

    Article 6  Archaeological activities of investigation, exploration or
excavation jointly conducted by the Chinese and foreign parties shall be
guided by the following principles:

    (1) the two parties in collaboration shall jointly carry out a project of
archaeological investigation, exploration or excavation and a joint
archaeological team shall be organized, with the Chinese experts taking the
overall charge;

    (2) the two parties in collaboration shall jointly sort out the data
obtained from archaeological investigation, exploration or excavation and
prepare reports thereof all within the Chinese boundaries. The reports shall
be co|signed by the two parties in collaboration and the Chinese party shall
have priority for the publication thereof;

    (3) cultural relics, natural specimens and the originals of
archaeological recording obtained in the activities of archaeological
investigation, exploration or excavation conducted in collaboration shall be
owned by China and have their safety ensured;

    (4) the two parties in collaboration shall abide by the laws, regulations
and rules of China.

    Article 7  A foreign party that intends to conduct archaeological
investigation, exploration or excavation in collaboration with a Chinese
party shall submit a written application therefore to the State Bureau of
Cultural Relics in light of the following items:

    (1) intent of collaboration;

    (2) object, scope and purpose;

    (3) plan for team organization;

    (4) working procedures and measures for safety and technical protection
of the cultural relics, etc;

    (5) sources of funds and equipments and mode of management;

    (6) handling of accidents and risk sharing.

    Article 8  Any application for collaboration in an archaeological project
of investigation, exploration or excavation shall satisfy all the following
conditions:

    (1) it is conducive to China's protection of cultural relics and
archaeological studies as well as to the international cultural and academic
exchanges;

    (2) the Chinese party has already laid down a foundation in the project
and made some progress in the studies, and has its own experts engaged in the
studies of the subject area in question;

    (3) the foreign party shall be a specialised archaeological research
institution with experts in the subject area in question or in a similar
subject area as well as proper experience in archaeological practice; and

    (4) there are reliable measures for the protection of the excavated
cultural relics.

    Article 9  The State Bureau of Cultural Relics shall subject an
application of a foreign party to an preliminary examination in conjunction
with the Chinese Academy of Social Sciences, and then, in accordance with the
relevant provisions of the State, transfer the application to the relevant
departments in charge of national defence, foreign affairs, public security,
national security and others for further examination, if it is found
satisfactory through the examination, the State Bureau of Cultural Relics
shall submit the application to the State Council for special approval.

    Article 10  After the special approval is granted by the State Council to
a project of collaboration for archaeological investigation, exploration or
excavation, an agreement shall be signed by the two parties in collaboration
on the specific matters of the approved project.

    Article 11  If the cultural relics or natural specimens obtained in an
archaeological investigation, exploration or excavation conducted in
collaboration need to be sent outside the Chinese boundaries for laboratory
test or technical appraisement, the matter shall be submitted to the State
Bureau of Cultural Relics for approval. The original specimens, except for
the consumption involved in the test or appraisement, shall all be
transported back to China thereafter.

    Article 12  Foreign students in China (including undergraduates,
postgraduates and visiting scholars) and foreign researchers whose authorized
period of stay for archaeological study or research in China is over one year
may join in  company with the unit where they study in activities of
archaeological investigation, exploration or excavation conducted by a
Chinese party exclusively or in collaboration with a foreign party, subject
to the approval by the State Bureau of Cultural Relics according to the
request made by the unit where they study or do research work with a prior
consent of the relevant unit of archaeological investigation, exploration or
excavation.

    Article 13  Any visit by a foreigner, a foreign organization or an
international organization to a cultural relics site within the Chinese
boundaries not yet open to public visitors can be conducted, if in areas open
to foreigners, only after the programme for the visit has been submitted one
month before by the department for the administration of cultural relics of
the province, autonomous region or municipality directly under the Central
Government where the cultural relics site is located or by the host central
governmental  department and the unit directly under it to the State Bureau
of Cultural Relics and after an approval has been obtained therefrom and, if
in areas not open to foreigners, only after the programme for the visit has
been submitted one month before by the department for the administration of
cultural relics of the province, autonomous region or municipality directly
under the Central Government where the cultural relics site is located or by
the host central governmental department and the unit directly under it to
the State Bureau of Cultural Relics and after an approval has been obtained
therefrom and, upon the completion of the necessary procedures at the
relevant department in accordance with the pertinent provisions governing
foreignrelated matters.

    Any visit to an archaeological site under excavation shall be made only
when the unit in charge of the excavation has been duly consulted by the host
unit and an approval has been obtained from the State Bureau of Cultural
Relics.

    During such visits, any foreigner, foreign organization or international
organization may not collect any cultural relics or natural specimen or make
any archaeological recording.

    Article 14  The State Bureau of Cultural Relics is entitled to make
inspections on the operation of the archaeological investigation, exploration
or excavation conducted in collaboration and may suspend the operation if it
fails to comply with the provisions of the Operation Procedures for Field
Archaeology or to meet other relevant technical requirements and demand a
rectification within a time|limit.

    Article 15  In case of a violation of the provisions of Articles 6, 7, 8,
10 or 11 of these Measures, a warning, suspension of operation, cancellation
of the project, a fine of 1,000 to 10,000 yuan (RMB), confiscation of the
cultural relics illegally obtained or a compensation for the damages may be
enforced by the State Bureau of Cultural Relics according to the seriousness
of the case.

    Article 16  In case of an unauthorized admittance of foreign students or
researchers by a unit to the activities of archaeological investigation,
exploration or excavation or an unauthorized extension of their working
period, in violation of the provisions of Article 12 of these Measures, the
State Bureau of Cultural Relics may issue a warning or suspend the
qualifications of the unit in question for conducting team archaeological
excavation.

    Article 17  In case of an unauthorized visit to a site of cultural relics
or an unauthorized collection of cultural relics and natural specimens or
unauthorized archaeological recording in violation of the provisions of
Article 13 of these Measures by any foreigner, foreign organization or
international organization, the department for the administration of cultural
relics may stop their visit, confiscate the cultural relics and natural
specimens so collected as well as the archaeological recording.

    Article 18  Any violation of the provisions of these Measures that
constitutes an  offence  against the public security management shall be
punished in accordance with the Regulations of the People's Republic of China
on the Administrative Penalties for Public Security. In case it constitutes a
crime, criminal responsibility shall be investigated according to law.

    Article 19  Archaeological investigation, exploration or excavation
conducted by archaeological team from Taiwan, Hong Kong or Macao in
collaboration with unit from the mainland of China may be governed with
reference to these Measures.

    Article 20  Measures for the administration of foreign-related matters in
studies and scientific and technological protection of cultural relics shall
be formulated by the State Bureau of Cultural Relics in accordance with the
principles of these Measures.

    Article 21  The State Bureau of Cultural Relics shall be responsible for
the interpretation of these Measures.

    Article 22  These Measures shall become effective as of the date of
promulgation.