INTERIM PROVISIONS OF THE TIBET AUTONOMOUS REGION CONCERNING THEPROMOTION OF TRADE WITH NEIGHBOURING COUNTRIES
INTERIM PROVISIONS OF THE TIBET AUTONOMOUS REGION CONCERNING THEPROMOTION OF TRADE WITH NEIGHBOURING COUNTRIES
This English document is coming from "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
INTERIM PROVISIONS OF THE TIBET AUTONOMOUS REGION CONCERNING THE
PROMOTION OF TRADE WITH NEIGHBOURING COUNTRIES
(Approved by the State Council on March 24, 1987 and promulgated
by the People's Government of the Tibet Autonomous Region)
Article 1
These Provisions are formulated to further develop trade between this
Region and neighbouring countries, to invigorate economy and improve
administration.
Article 2
These Provisions shall apply to the state-run enterprises, collective
enterprises, and individual industrial and commercial operators of this
Region that handle import and export business with neighbouring countries
(hereinafter referred to as "the importers and exporters"), and also apply
to nationals of neighbouring countries who have obtained the permanent
residence right in this Region (hereinafter referred to as "the foreign
resident importers and exporters").
Article 3
The state-run enterprises, collective enterprises and individual
industrial and commercial operators of this Region may carry on import and
export business, within the approved scope of business operation, with
neighbouring countries after they have obtained the approval from the
Department of Foreign Economic Relations and Trade of the Tibet Autonomous
Region (hereinafter referred to as "the Region Foreign Trade Department"),
and have gone through the procedures of registration with the
administrative department for industry and commerce and obtained the
business license for carrying on import and export business.
Foreign nationals of neighbouring countries with the permanent residence
right in this Region may carry on import and export business with
neighbouring countries after obtaining the consent from the Region's
administrative department for foreign nationals through verification, and
the approval from the Region Foreign Trade Department, as well as the
business license for carrying on import and export business by registering
with the administrative department for industry and commerce.
Article 4
The importers and exporters, and the foreign resident importers and
exporters, shall present the relevant approval documents and business
licenses to the Customs Office for registration and obtaining the
certificate for declarant, which shall be presented for making
declarations at the Customs Office.
Article 5
Import and export business with neighbouring countries shall be conducted
in accordance with the following principles: finding the sources of goods
and the markets by the importers and exporters themselves; holding
business talks of their own accord; acquiring balance of accounts in their
own ways; assuming sole responsibility for their gains and losses; and in
the forms of barter transaction and settlement of exchange.
Article 6
With respect to trade between this Region and neighbouring countries, the
imports and the exports fall respectively into three categories for
administration: With respect to the goods that fall under the
administration by import and export licenses, every importer and exporter,
or every foreign resident importer and exporter, shall, in accordance with
the annual import and export plan, make an application to the Region
Foreign Trade Department, which is authorized by the Ministry of Foreign
Economic Relations and Trade, for the import and export license. The
Customs Office shall give clearance after verifying the license.
With respect to the goods that do not fall under the administration by
import and export licenses, every importer and exporter, or every foreign
resident importer and exporter, shall carry out the business operations
within the annual plan approved by the Region People's Government. The
Customs Office shall give clearance after verifying the relevant vouchers
and documents, and the import and export goods Customs declaration forms
filled out by the importers and exporters, or by the foreign resident
importers and exporters, who have obtained the right to carry on import
and export trade with neighbouring countries.
With respect to those goods that are forbidden to import or export, the
importers and exporters, or the foreign resident importers and exporters,
may not transact them.
Article 7
The operational activities of the importers and exporters, or of the
foreign resident importers and exporters, who handle trade with
neighbouring countries, must be subject to the administration by the
Region Foreign Trade Department in such aspects as planning, statistics,
and pricing. The operational activities in the market within the Region
must be subject to the administration of such relevant departments as the
administrative department for industry and commerce, taxes must be paid
according to the regulations, and no illegal operational activities are
allowed.
Article 8
The importers and exporters, or the foreign resident importers and
exporters, who carry on trade with neighbouring countries, shall abide by
the pertinent provisions of the state on the control of foreign exchange.
Article 9
The imports and exports related to trade with neighbouring countries must
enter or exit at the designated opening ports, and be subject to the
examination and inspection by the Customs Office, the border inspection
station, the import and export commodities inspection agency, the public
health quarantine agency and the animals and plants quarantine agency, and
Customs duties, consolidated industrial and commercial tax, individual
income regulatory tax, and inspection fees must be paid according to the
regulations.
Article 10
All commodities imported from neighbouring countries are not permitted to
be sold outside this Region. Under special circumstances, when imported
commodities are absolutely necessary to be sold outside this Region, the
cases must be submitted to the Region Foreign Trade Department for
approval and obtaining the transport permit; with this transport permit
the said imported commodities are permitted to be carried beyond this
Region. The Customs duties on these imported goods as well as the import
related product tax (or added value tax) shall be paid according to the
tax laws of the State.
Article 11
The importers and exporters, or the foreign resident importers and
exporters that go to the neighbouring countries for trade activities must
go through the procedures for going abroad according to the pertinent
provisions.
Article 12
Persons who handle import and export business with neighbouring countries
must abide by the laws, regulations and rules of the State; offenders
shall be dealt with according to law, depending on the seriousness of
their cases.
Article 13
These Provisions shall not apply to the state-run enterprises of other
provinces, autonomous regions, or municipalities directly under the
Central Government, that have a right to handle import and export business
and conduct trade with neighbouring countries through the ports in Tibet
or through the agencies of the state-run enterprises of this Region.
Article 14
Businessmen from neighbouring countries may, at the invitation of the
departments of foreign economic relations and trade in this Region, come
to the open towns of this Region to hold business talks with the importers
and exporters of this Region, but they may not purchase the export
commodities and retail the imported commodities directly.
Article 15
The rules for the implementation of these Provisions shall be formulated
by the Region Foreign Trade Department.
Article 16
These Provisions shall not apply to the mutual market trade between the
border inhabitants.
Article 17
These Provisions shall go into effect as of the date of promulgation.
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