Laws of the People's Republic of China

No. 465

The Regulations of the People's Republic of China on the Administration of the Import and Export of Endangered Wild Animals and Plants, which were adopted at the 131st executive meeting of the State Council on April 12, 2006, is hereby promulgated and shall enter into effect as of September 1, 2006. Wen Jiabao, Premier of the State Council,

April 29, 2006

Regulations of the People's Republic of China on the Administration of the Import and Export of Endangered Wild Animals and Plants

Article 1

The present Regulations is formulated for the purpose of intensifying administration on the import and export of endangered wild animals and plants as well as the products thereof, protecting and reasonably utilizing the resources of wild animals and plants and performing the Convention on the International Trade of Endangered Species of Wild Animals and Plants (hereinafter referred to as the Convention).

Article 2

The import or export of the endangered animals and plants as well as the products which are restricted by Convention, shall be subject to the present Regulations.

As to the export of the endangered animals and plants as well as the products thereof under the special protection of sour country exporting , the relevant provisions of the present Regulations on the export of endangered animals and plants as well as the products thereof shall be applied.

Article 3

The competent departments of forestry and agriculture (fishery) of the State Council (hereinafter referred to as the competent departments of endangered animals and plants under the State Council) shall, in light of their duties and work division, take charge of the administration of the import and export of endangered animals and plants as well as the products thereof throughout the country and well do the relevant work related to the performance of the Convention.

Other relevant departments of the State Council shall, according to the provisions of relevant laws and administrative regulations, well do the relevant work within their respective functions and duties.

Article 4

The state administrative organs in charge of the import and export of endangered species shall perform the Convention on behalf of the Chinese Government, and shall, according to the provisions of the present Regulations, issue upon verification Import/Export Permission Certificates for the wild animals and plants as well as the products thereof under the special protection of the state, whose export has been approved by the competent departments of endangered animals and plants under the State Council, as well as the endangered wild animals and plants and the products thereof, whose import or export has been restricted by the Convention yet approved by the competent departments of endangered animals and plants under the State Council.

Article 5

The state scientific institutions for the import and export of endangered species shall, according to the present Regulations, organize the relevant experts in terrestrial wild animals, aquatic wild animals and wild plants to engage in the science consultation on the import and export of endangered wild animals and plants as well as the products thereof.

Article 6

It is prohibited to import or export any endangered wild animals and plants as well as the product thereof, whose import or export is prohibited by the Convention for any purpose of commercial trade. Where any import or export is required for such special reasons as scientific research, domestication and propagation, artificial cultivation and cultural exchange, it shall be subject to the approval of the competent departments of endangered animals and plants under the State Council. In the case of any matter subject to the approval of the State Council according to relevant provisions, it shall be reported to the State Council for approval.

It is prohibited to export any wild animals and plants and products there of with a great values, whose name is yet to be decided or which is newly found , and any wild animal and plant and the product thereof whose export has been prohibited by the State Council or the competent departments of endangered animals and plants under the State Council.

Article 7

The import or export of endangered animals and plants as well as the products thereof, which are restricted by the Convention to be imported and exported, and the export of wild animals and plants as well as the products thereof that have been restricted by the State Council or the competent departments of endangered animals and plants under the State Council, shall be subject to approval of the competent departments of endangered wild animals and plants under the State Council.

Article 8

The import of endangered wild animals and plants as well as the products thereof shall meet the requirements as follows:

(1)

The utilization of endangered wild animals and plants as well as the products thereof meets the relevant provisions of the State;

(2)

Having effective control measures and meeting the requirements for ecological security;

(3)

The materials as provided by the relevant applicant are authentic and effective; and

(4)

Meeting any other requirement as publicized by the competent departments of endangered animals and plants under the State Council.

Article 9

The export of endangered wild animals and plants as well as the products thereof shall meet the requirements as follows:

(1)

Meeting the requirements for ecological security as well as public benefits;

(2)

The origins are legal;

(3)

The materials as provided by the relevant applicant are authentic and effective;

(4)

Not falling within the prohibited categories of export as prescribed by the State Council or the competent departments of endangered animals and plants under the State Council; and

(5)

Meeting any other requirement as publicized by the competent departments of endangered animals and plants under the State Council.

Article 10

When importing or exporting any endangered wild animals and plants as well as the product thereof, an applicant shall file an application with the competent departments of wild animals and plants of the province, autonomous region or municipality directly under the Central Government where he is located, and submit the following materials as well:

(1)

The Import/Export Contract;

(2)

The names, varieties, quantities and purposes of use of endangered wild animals and plants as well as the products thereof;

(3)

Instruction of materials on the facilities for loading and transporting live endangered wild animals and plants as well as the products thereof; and

(4)

Other materials that shall be submitted, as are publicized by the competent departments of endangered animals and plants under the State Council.

The relevant competent departments of wild animals and plants of the province, autonomous region or municipality directly under the Central Government shall, within 10 workdays as of receiving the applications, subscribe the materials with there opinions and transfer all the application materials to the competent departments of endangered animals and plants under the State Council.

Article 11

The competent departments of endangered animals and plants under the State Council shall make a decision on approval or disapproval and notify the relevant applicant in written form, within 20 workdays as of receiving the application. If the competent departments fail to make a decision within 20 workdays, the term may, upon the approval of the principal thereof, be extended for 10 workdays, and the extended term and relevant explanations thereon shall be noticed to the relevant applicant.

Article 12

Where an applicant has obtained the relevant approval documents for the import or export from the competent departments of endangered animals and plants under the State Council, he shall, within the effective time limit as prescribed in the approval documents, apply to the state competent organs in charge of the import and export of endangered wild animals and plants for verifying and issuing an Import/Export Permission Certificate.

The following materials shall be submitted when applying for verifying and issuing an Import/Export Permission Certificate:

(1)

An Application Form for the Import/Export Permission Certificate;

(2)

The Approval Documents for Import or Export; and

(3)

The Import / Export Contract.

In the case of import of any endangered wild animals and plants or any of product thereof, whose import or export is restricted by the Convention, an applicant shall additionally submit the relevant certification materials on export permission as verified and issued by the competent departments of endangered wild animals and plants of the export country (region). In the case of export of any endangered wild animals and plants or any of product there of, whose import or export is restricted by the Convention for any purpose of commercial trade, an applicant shall additionally submit the relevant certification materials on import permission as verified and issued by the competent departments of endangered wild animals and plants of the import country (region). In the case of any re-export of endangered wild animals and plants as well as the products thereof, which have been imported, an applicant shall additionally submit the relevant declaration form of imported goods as subscribed by the customs as well as the import permission certificates as signed by the customs.

Article 13

The administrative organ in charge of the import and export of endangered wild animals and plants shall, within 20 workdays as of receiving the application, make a decision on examination. Where the application materials are complete and meet the provisions of the present Regulations as well as the requirements of the Convention, an Import/Export Permission Certificates shall be issued upon verification. In the case of disapproval for issuing an Import/Export Permission Certificates upon verification, the disapproval shall be noticed to the applicant and the competent departments of endangered animals and plants under the State Council in written form, and the relevant explanations shall be given. Where a decision cannot be made within 20 workdays, the term may, upon the approval of the principal of the administrative organ in charge of the import and export of endangered wild animals and plants, be extended for 10 workdays, and the extended term and the relevant explanations thereon shall be noticed to the relevant applicant.

In case the administrative organ in charge of the import and export of endangered wild animals and plants finds any application material failing to meet the relevant requirements when carrying out an examination, it shall inform the applicant in a one-off manner of all the contents that shall be supplemented and corrected.

Article 14

Where the state administrative organ in charge of the import and export of endangered wild animals and plants needs, during the process of verifying and issuing an Import/Export Permission Certificates, to consult the opinions of the state scientific institution for the import and export of endangered wild animals and plants or needs to confirm the relevant contents of the certification materials on import/export permission with the relevant overseas institutions, it shall transfer the relevant materials to the state scientific institution for the import and export of endangered wild animals and plants for consulting or to the relevant overseas institutions for confirming the relevant contents within 5 workdays as of receiving the application. The time for consulting opinions and confirming contents shall not be calculated into the workdays for the verification and issuance of the Import/Export Permission Certificates.

Article 15

The competent department of endangered animals and plants under the State Council, the competent departments of wild animals and plants of provinces, autonomous regions and municipalities directly under the Central Government as well as the state administrative organ in charge of the import and export of endangered wild animals and plants shall, when conducting the examination and approval of endangered wild animals and plants as well as the products thereof, not charge any fee other than the fees as provided for by the state.

Article 16

Where any import or export of endangered wild animals and plants or any of its products has led to or may lead to any serious injury or negative impact on the resources of wild animals and plants or ecological security, the competent departments of endangered animals and plants under the State Council shall bring forward the relevant measures for temporarily prohibiting or restricting the import/export of endangered wild animals and plants as well as the products thereof, and carry them out after reporting them to the State Council for approval.

Article 17

As to any endangered wild animals and plants or any of products thereof, which are obtained from a sea area not falling within the jurisdiction of any country, and enters into the territory of China, they shall be subject to the relevant provisions of the present Regulations.

Article 18

Where any import of endangered wild animals and plants as well as the products thereof relates to the administration of foreign species, or any export thereof relates to the management of seed resources, it shall be subject to the relevant provisions of the state.

Article 19

The import or export of endangered wild animals and plants as well as the products thereof shall be carried out at the ports, which are appointed by the competent department of endangered animals and plants under the State Council in coordination with the General Administration of Customs and the State Administration of Quality Supervision, Inspection and Quarantine, and are approved by the State Council.

Article 20

The import or export of endangered wild animals and plants as well as the products thereof shall be conducted in light of the varieties, quantity, port and time limit as prescribed on the Import/Export Permission Certificate.

Article 21

As to any import or export of endangered wild animals and plants as well as the products thereof, the relevant importer or exporter shall submit to the customs the Import/Export Permission Certificate, be subject to the customs supervision, and shall, within 30 days as of customs release, submit to the state administrative organ in charge of the import and export of endangered species a duplicate copy of the Import/Export Permission Certificate that has been verified by the customs for archival filing.

Any departure from the territory, transfer or transshipment of endangered wild animals and plants as well as the products thereof shall be subject to the customs supervision throughout the period from the time of arrival into the territory to the time of departure from the territory.

Any endangered wild animals and plants or any of its products, which goes into or out of specific customs surveillance zones or bonded places such as the bonded zones and export processing zones, shall be subject to the customs supervision and shall go through the relevant formalities for import or export in light of the provisions of the General Administration of Customs as well as the state administrative organ in charge of the import and export of endangered species.

Any import or export of endangered wild animals and plants as well as the products thereof shall be declared to the entry and exit inspection and quarantine organ on the strength of the relevant Import/Export Permission Certificate and shall be subject to its inspection and quarantine.

Article 22

The state administrative organ in charge of the import and export of endangered species shall in time report the relevant materials, based on which an Import/Export Permission Certificate is verified and issued, as well as the annual import/export summary of endangered wild animals and plants as well as the products thereof to the competent department of endangered animals and plants under the State Council as well as other competent departments.

Article 23

The approval documents for import or export shall be printed and formulated uniformly under the organization of the competent department of endangered animals and plants under the State Council. The Import/Export Permission Certificates and the Application Forms thereof shall be printed and formulated uniformly under the organization of the state administrative organ in charge of the import and export of endangered species.

Article 24

Where any functionary of the competent department of endangered wild animals and plants or the state administrative organ in charge of the import and export of endangered species takes advantage of his duties and functions to collect any other's property or enlists any other interest, or approve the relevant import or export or verify and issue the Import/Export Permission Certificate not according to the provisions of the present Regulations, in case the circumstance is serious and a crime is constituted, he shall be subject to criminal liabilities according to law. Where a crime is not constituted, he shall be imposed upon a sanction according to law.

Article 25

Where any functionary of the state scientific institution for the import or export of endangered species takes advantage of his functions and duties to collect any other's property or enlists any other interest, or produces any false opinion, in case the circumstance is serious and a crime is constituted, he shall be subject to the criminal liabilities according to law. If a crime is not constituted, he shall be imposed upon a sanction according to law.

Article 26

Where any endangered wild animals and plants or any of its products is illegally imported or exported or smuggled in any other way, the violator shall punished according to the relevant provisions of the Customs Law. In case the circumstance is serious and a crime is constituted, he shall be subject to criminal liabilities according to law.

The articles as fined and confiscated shall be transferred to the competent departments of wild animals and plants for legal disposal. If any fined and confiscated article shall be subject to quarantine according to law, it shall be disposed of after passing the quarantine. If any fined and confiscated article shall be returned to its original export country (region), it shall be transferred by the competent department of wild animals and plants to the state administrative organ in charge of the import and export of endangered species for disposal according to the relevant provisions of the Convention.

Article 27

Where any approval document for import or export or any Import/Export Permission Certificate is forged, sold for profits or transferred, the competent department of wild animals and plants or the competent department for industry and commerce shall punish the violators in light of their functions and work division according to law. If the circumstance is serious and a crime is constituted, the violators shall be subject to criminal liabilities according to law.

Article 28

The present Regulations shall enter into effect as of September 1, 2006.