CIRCULAR OF THE STATE COUNCIL FOR APPROVING AND TRANSMITTING THEPROPOSALS SUBMITTED BY THE MINISTRY OF FOREIGN TRADE, THE MINISTRY OFCOMMERCE AND THE STATE ADMINISTRATION FOR PROTECTION OF CULTURAL RELICS ONSTRENGTHENING THE COMMERCIAL ADMINISTRATION AND IMPLEMENTING THE POLICYFOR THE PROT
CIRCULAR OF THE STATE COUNCIL FOR APPROVING AND TRANSMITTING THEPROPOSALS SUBMITTED BY THE MINISTRY OF FOREIGN TRADE, THE MINISTRY OFCOMMERCE AND THE STATE ADMINISTRATION FOR PROTECTION OF CULTURAL RELICS ONSTRENGTHENING THE COMMERCIAL ADMINISTRATION AND IMPLEMENTING THE POLICYFOR THE PROT
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
CIRCULAR OF THE STATE COUNCIL FOR APPROVING AND TRANSMITTING THE
PROPOSALS SUBMITTED BY THE MINISTRY OF FOREIGN TRADE, THE MINISTRY OF
COMMERCE AND THE STATE ADMINISTRATION FOR PROTECTION OF CULTURAL RELICS ON
STRENGTHENING THE COMMERCIAL ADMINISTRATION AND IMPLEMENTING THE POLICY
FOR THE PROTECTION OF CULTURAL RELICS
(December 16, 1974)
The Proposals on Strengthening the Commercial Administration of Cultural
Relics and Implementing the Policy for the Protection of Cultural Relics,
submitted by the Ministry of Foreign Trade, the Ministry of Commerce and
the State Administration for Protection of Cultural Relics, is hereby
transmitted to you for you to act upon accordingly.
PROPOSALS SUBMITTED BY THE MINISTRY OF FOREIGN TRADE, THE MINISTRY OF
COMMERCE AND THE STATE ADMINISTRATION FOR PROTECTION OF CULTURAL RELICS ON
STRENGTHENING THE COMMERCIAL ADMINISTRATION OF CULTURAL RELICS AND
IMPLEMENTING THE POLICY FOR THE PROTECTION OF CULTURAL RELICS
In recent years, the cultural, foreign trade and commercial departments in
various localities have scored some achievements in purchasing cultural
relics and organizing the export of ordinary cultural relics. At present,
however, there still exist some problems with respect to the
administration of the commercial market for cultural relics, which are
mainly manifested in operations by too many departments, ununified pricing
and confusion of market. Some departments even purchase unearthed cultural
relics without authorization, thus encouraging the frenzy to "dig up tombs
for buried treasures". All this has proved extremely detrimental to the
protection of cultural relics.
Chinese Cultural relics are our historical cultural heritage. The export
of rare, precious cultural relics shall, without exception, be prohibited.
With respect to ordinary cultural relics which are of relatively recent
times, for which there are plenty of replicas and which are not valuable
enough for collection, an appropriate amount may be exported in an
organized way. Nevertheless, as these cultural relics are passed down from
the past, their sources of supply will only decrease with each passing
day. Moreover, as they are special commodities uniquely possessed by us,
there are no such questions as competition with other countries. It is
therefore unadvisable to "sell them in batches". Rather, we must follow
closely the propensity of changes in supply and demand relationship and
prices in the international market, adopt the principle of "exporting a
small quantity at a time to secure longer supply but striving to earn
greater amount of foreign exchange", and organize the export in a planned
way. Commercial market operations for cultural relics, shall be handled
exclusively by an authorized department, with unified purchase and pricing
and strengthened administration. To facilitate the protection of cultural
relics and the export of ordinary cultural relics in an organized way so
as to bring in foreign exchange earnings and support socialist
construction, we now submit our proposals as follows:
1. On the limits of export and the standards for assessment with respect
to cultural relics. Before new standards are formulated, the existing
provisions shall continue to be implemented. Of those cultural relics in
existence after the Sixtieth Year of the Reign of the Qian Long Emperor of
the Qing Dynasty (i.e. 1795 A.D.) that may be exported in accordance with
the existing standards, the more valuable and rare ones (including
representative modern art works), shall be put under strict restrictions.
Ordinary cultural relics in existence before the Sixtieth Year of the
Reign of the Qian Long Emperor of the Qing Dynasty may, with the special
permission granted by the State Administrative Bureau of Museums and
Archaeological Materials, be exported. The export of revolutionary
cultural relics or objects that are evidence of counter-revolutionary
crimes shall, without exception, be prohibited, irrespective of their
times.
2. On the division of work as to the administration and the business
operations in the business of cultural relics. Antique shops shall be
placed under the leadership of the cultural departments.
Provinces, autonomous regions and municipalities directly under the
Central Government where there are no antique shops shall have them
established gradually. Antique shops that are now under the leadership of
foreign trade departments shall immediately be placed under the leadership
of the cultural departments instead. The business personnel and real
estate (including the warehouses) of the original antique shops, as well
as the cultural relics in stock which the foreign trade departments and
other departments have banned from being exported, shall be handed over to
cultural departments. The cultural relics taken over may be priced at the
same level as when they were formerly purchased. Funds and warehouses of
cultural relics departments may be appropriately increased if they are in
shortage. From now on, cultural relics in various localities shall be
exclusively purchased by antique shops. Pearls, gems, jadeite and diamonds
that do not fall within the scope of cultural relics shall be unifiedly
purchased by foreign trade departments (or shall be purchased by anique
shops and other agencies that are entrusted by foreign trade departments
with such purchase on their behalf). Antique shops shall be responsible
for the supply of cultural relics commodities that the foreign trade
departments need for export.
The sales departments of antique shops, friendship stores and suppliers
for foreign vessels shall only handle replicas of cultural relics and
ordinary cultural relics that have undergone assessment and selection and
are classified as being exportable. But they may only engage in retail
business and not in wholesale. Cultural relic commodities shall be sold at
prices unifiedly fixed by foreign trade departments.
No banks, friendship stores or suppliers for foreign vessels and
commission shop, etc. shall be permitted to purchase cultural relics.
Cultural relics commodities that are to be sold to foreign visitors by the
sales departments of friendship stores and suppliers for foreign vessels
shall be supplied by foreign trade departments.
3. It is imperative for cultural relics, commercial and foreign trade
departments to co-ordinate their work and strengthen their co-operation.
The cultural relics department shall guard against the one-sided mentality
of caring only about collection while neglecting export and shall adopt a
more active approach in assessing and selecting cultural relics that are
exportable and supply them to foreign trade departments for export. If any
one comes to hand over or sell cultural relics to commercial or foreign
trade departments, these departments shall immediately notify the local
cultural relics department so that the case shall be properly handled.
Cultural relics that are found mixed with commodities purchased shall be
sorted out and handed over to the cultural relics department in good time.
4. Copper refineries, paper mills and salvage stations shall see to it
that the cultural relics found from among the recovered waste materials
are not disposed of as waste materials, but shall coordinate with the
cultural relics department in sorting them out. The exportable objects
among them shall be handed over to the cultural relics department, which
shall then provide them to foreign trade departments for export. An
equivalent quantity of copper shall be offered by the State in return for
the copperware sorted out and handed over.
5. Cultural relics commodities shall be exported via the four designated
ports of Beijing, Shanghai, Tianjin and Guangzhou and the Customs shall
grant clearance only on condition that the commodities have been assessed
and approved as exportable by the cultural relics department. No cultural
relics that have not been assessed and approved as exportable may be
exported. No ports that have not been duly designated shall be permitted
to handle the export business of cultural relics commodities and the
Customs in various localities shall do a good job of checking and make
sure that this provision is complied with.
6. Cultural, foreign trade and commercial departments and other
departments concerned shall actively publicize the policy for the
protection of cultural relics and protect ancient tombs and historical
cultural sites from damage or destruction. It is imperative to strengthen
the administration of the commercial market for cultural relics,
resolutely crack down on the smuggling and profiteering in cultural
relics, guard against foreigners who may take advantage of loopholes in
our work and prevent important cultural relics of collection value from
going out of China.
If there is nothing inappropriate about the aforesaid proposals, it is
requested that they be approved and transmitted to the various provinces,
autonomous regions and municipalities directly under the Central
Government for implementation with reference thereto.
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