Laws of the People's Republic of China

    Article 1  The present Regulations are formulated for the purpose of
strengthening management of giving and receiving gifts by employees of the
state administrative organs in official functions involving foreigners with
a view to enforcing disciplines in foreign affairs and keeping the hands
clean.

    Article 2  "Gifts" in the present Regulations refer to presents in cash
and kind or negotiable securities.

    Article 3  Gifts may be given to foreigners in keeping with international
practice and the needs for external relations. The cash values of such gifts
shall be specified separately.

    Article 4  The principles of economy and simplicity shall be observed in
giving gifts, which shall mainly be souvenirs with distinctive Chinese
characteristics, traditional handicraft items and practical necessities.

    Article 5  The Chinese host shall not give gifts to visiting foreign
guests unless they give gifts first, in which case return gifts may be given
as appropriate.

    Article 6  The giving of gifts or return gifts shall be subject to
approval by ministries under the State Council or people's governments of
provinces, autonomous regions or municipalities directly under the Central
Government, or the organs authorized by them. Such cases shall be reviewed
strictly before approval.

    Article 7  Gifts received in official functions involving foreigners shall
be disposed of properly. The recipient shall fill out a form declaring any
gift with the Chinese market value higher than RMB200 yuan within one month
from the date of its reception (or from the date of return to China if it is
received abroad) and surrender it to the competent authorities or the work
unit where the recipient belongs to. A gift worth less than RMB200 yuan can
be kept by the recipient or the work unit he belongs to.

    Gifts in cash and negotiable securities offered by the foreign party in
official functions shall be declined, or shall be handed over to the State
Treasury if this proved impossible.

    Article 8  In official functions involving foreigners, no state employee
shall give or receive gifts without authorization, nor shall he solicit gifts
from foreigners either explicitly or implicitly.

    Article 9  The Bureau of Government Offices Administration under the
State Council is responsible for the safekeeping and disposal of the gifts
handed over by various departments under the State Council.

    Local people's governments at and above the county level shall designate
a special body to safekeep and dispose of the gifts turned in by the
departments under them.

    Article 10  All gifts-management bodies and relevant departments shall
record the collected gifts in a register, put them under good care and
dispose of them in a timely fashion. Every year, they shall inform the
gifts-receiving units, which in turn shall inform the gifts-recipients, of the
disposal of the gifts in question.

    Article 11  Supervision and review over the giving and receiving of gifts
in official functions involving foreigners will be conducted by the state
supervisory bodies in accordance with relevant regulations.

    Article 12  Should employees of the state administrative organs act in
violation of the present Regulations, administrative disciplinary actions
shall be taken against them and the responsible officials of their work units.
If their actions constitute criminal offenses, they will be prosecuted by the
judicial departments in accordance with law.

    the administrative disciplinary actions against employees of the state
administrative organs shall be taken in accordance with the provisions on the
terms of reference for personnel management and the established procedures.

    Article 13  The present Regulations shall also apply to the giving and
receiving of gifts by government employees of the state administrative organs
in official functions involving Chinese nationals living abroad or residents
from Hong Kong, Macao, or Taiwan.

    Article 14  The General Office of the State Council is responsible for the
interpretation of the present Regulations.

    Article 15  The present Regulations shall come into force as of the date
of their promulgation.