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外国信息机构发布经济信息的管理办法 Administration of the Release of Economic Information Inside China by Foreign News Agencies and Their Subordinate Information Organizations Procedures

2006-05-15 23:31   我要纠错 | 打印 | 收藏 | | |

(Promulgated by New China News Agency on 15 April 1996, and effective as of the same date.)
颁布日期:19960415  实施日期:19960415  颁布单位:新华通讯社

  PART ONE GENERAL PROVISIONS

  Article 1 These Procedures are formulated with a view to upholding State sovereignty, protecting the lawful rights and interests of users of economic information, and promoting the healthy development of the economic information industry in China in accordance with the On Granting the New China News Agency the Central Authority to Administrate Foreign News Agencies and Their Subordinate Information Organizations in Respect of the Release of Economic Information Inside China Notice (hereafter, the “Administration Notice”) circulated by the General Office of the State Council.

  Article 2 The release of economic information inside China by any foreign news agencies and their subordinate information organizations including any of their joint ventures, wholly-owned enterprises and commissioning agencies shall be subject to administration by the central authority of the New China News Agency. The Centre for the Administration of Foreign Information of the New China News Agency shall be responsible for the administration work.

  PART TWO THE EXAMINATION AND APPROVAL OF THE RELEASE OF ECONOMIC INFORMATION INSDIE CHINA BY FOREIGN NEWS AGENCIES AND THEIR SUBORDINATE INFORMATION ORGANISATIONS

  Article 3 The release of economic information inside China by foreign news agencies and their subordinate information organizations must be examined and approved by the New China News Agency. A written application for approval shall be submitted to the Centre for the Administration of Foreign Information of the New China News Agency.

  A written application shall be submitted with the following materials:

  1. Documents certifying that the foreign news agency or its subordinate information organizations are legal entities;

  2. The types and contents summary of the economic information to be released;

  3. Specifications of the method of and the technical services involved in the release;

  4. The rates and the method of payment in respect of the provision of different types of economic information;

  5. Relevant information of companies, joint ventures, offices or commissioned technical services providers, or agencies established and operated inside China for the purpose of releasing economic information.

  Article 4 Foreign news agencies and their subordinate information organizations already engaging in the release of economic information shall submit their applications in arrears at the Centre for the Administration of Foreign Information of the New China News Agency. In addition to submitting the materials required under Article 3 of these Procedures, [these agencies and their subordinate information organizations] are also required to provide to the Centre for the Administration of Foreign Information of the New China News Agency the names and registered place of residence of those parties inside China using such economic information, and a copy of the contract executed between the two parties being the user and the provider of the economic information.

  Article 5 The Centre for the Administration of Foreign Information of the New China News Agency shall, within 20 days from the date a foreign news agency and its subordinate information organization submits all the required materials, reply to the application.

  Should the submitted materials mentioned in Articles 3 and 4 of these Procedures involve any commercial secrets, the Centre for the Administration of Foreign Information of the New China News Agency shall be responsible for maintaining the confidentiality of such materials.

  Article 6 Foreign news agencies and their subordinate information organizations approved by the New China News Agency to release economic information inside China shall also submit such information as: the types of released information, the methods of release, charge rates, payment methods and the types of technical services provided for examination and ratification by the Centre for the Administration of Foreign Information of the New China News Agency.

  Where there is a need to revise the details of the above information, an application for alteration shall be made in writing and submitted to the Centre for the Administration of Foreign Information of the New China News Agency. Revision of the charge rates shall be reported by the New China News Agency to the State Planning Commission for examination and approval. The Centre for the Administration of Foreign Information of the New China News Agency shall give a reply within 10 days from the date it receives the application and the related information.

  Article 7 Foreign news agencies and their subordinate information organizations which are not examined and approved by the New China News Agency shall not release economic information inside China.

  Article 8 The Centre for the Administration of Foreign Information of the New China News Agency shall concurrently examine and review different types of economic information released by a foreign news agency and its subordinate information organizations. Foreign news agencies and their subordinate information organizations shall offer without compensation their equipment (and the corresponding technical services) for receiving economic information and various types of economic information released inside China.

  Article 9 Foreign news agencies and their subordinate information organizations which have obtained approval to release economic information inside China shall pay a monitoring fee to the New China News Agency. The methods for payment of the monitoring shall be formulated elsewhere.

  PART THREE EXAMINATION AND APPROVAL OF THE USERS INSIDE CHINA USING ECONOMIC INFORMATION RELEASED BY FOREIGN NEWS AGENCIES AND THEIR SUBORDINATE INFORMATION ORGANISATIONS

  Article 10 Users inside China wishing to use economic information released by foreign news agencies and their subordinate information organizations shall seek approval from the New China News Agency. Commencing from the date of promulgation of the “Administration Notice”, units needing to use economic information released by foreign news agencies and their subordinate information services shall apply for registration at the Centre for the Administration of Foreign Information of the New China News Agency. Users already subscribing to the economic information services provided by foreign news agencies and their subordinate information organizations shall apply for registration in arrears at the Centre for the Administration of Foreign Information of the New China News Agency.

  Units needing to use economic information released by foreign news agencies and their subordinate information organizations shall submit a written application along with the following materials:

  1. Documents (in duplicate) certifying the status of legal persons or non-legal persons;

  2. A brief profile of the applying unit;

  3. The type of economic information to be subscribed for;

  4. The ways and scope of utilisation of the economic information; and

  5. The method of receiving the economic information.

  Article 11 In the case of registering in arrears, users already subscribing to the economic information services provided by foreign news agencies and their subordinate information organizations, shall submit the contract (in duplicate) executed between the user and the foreign news agency and its subordinate information organizations, the user's documents (in duplicate) certifying its status as a legal person or non-legal person and its registered place of residence.

  Article 12 The Centre for the Administration of Foreign Information of the New China News Agency shall give a reply within 10 days from the date of its receipt of a user's application.

  Unless the application is examined and reviewed by the Centre for the Administration of Foreign Information of the New China News Agency, no unit shall be allowed to subscribe to any economic information services provided by foreign news agencies and their subordinate information organizations.

  Article 13 Users who have obtained approval to subscribe to economic information services provided by foreign news agencies and their subordinate information organizations shall, in principle, be treated as the end-users. Economic information received and copied from this channel may only be utilised within the scope as prescribed in the contract examined and ratified by the Centre for the Administration of Foreign Information of the New China News Agency.

  Article 14 Users inside China registering at the Centre for the Administration of Foreign Information of the New China News Agency are not liable for payment of any monitoring fees.

  PART FOUR TECHNICAL SERVICES

  Article 15 After users of foreign [economic] information have been through the administration process, their original equipment and method of receiving information shall not change. Foreign news agencies and their subordinate information organizations shall still be responsible for providing technical services and installing equipment.

  PART FIVE ADMINISTRATION OF CONTRACTS

  Article 16 Foreign news agencies and their subordinate information organizations and users [of economic information] inside China shall enter into an economic contract. The contents of the contract shall be in compliance with the “PRC, Foreign Economic Contract Law” and the provisions of relevant laws and regulations.

  Article 17 Prior to implementing a contract executed between a foreign news agency or its subordinate information organization and a user inside China, the contract shall be reported to the Centre for the Administration of Foreign Information of the New China News Agency for examination, approval and for the record.

  Where a foreign news agency or its subordinate information organization has already executed a contract with a user [inside China] prior to the promulgation of the “Administration Notice”, [an application shall be made] in arrears in accordance with the relevant provisions of Article 4 of these Procedures for examination and approval and for the record.

  Article 18 The original of an economic contract executed between a foreign news agency or their subordinate information organizations and users inside China shall be submitted to the Centre for the Administration of Foreign Information of the New China News Agency.

  In addition to the basic provisions, such contracts shall also include the following contents:

  1. Types of information;

  2. The charge rates and the total amount of payment for the information;

  3. The subscription period for information services; and

  4. The method of releasing and receiving the information and the technical services provided.

  Article 19 The Centre for the Administration of Foreign Information of the New China News Agency shall be the authority responsible for approval of such economic contracts. Should both parties wish to revise or terminate the original contract, revisions thus made shall be reported to the approval authority for approval, and termination of a contract shall be reported to the approval authority for the record. Administration of contracts executed by users inside China shall be in accordance with the provisions of Articles 10, 11 and 13 of these Procedures.

  PART SIX ADMINISTRATION OF MONITORING

  Article 20 Where the Centre for the Administration of Foreign Information of the New China News Agency, in the course of concurrently examining and reviewing any information released by a foreign news agency and its subordinate information organization, encounters any details as specified in Clause 4 of the “Administration Notice”, the New China News Agency shall, in conjunction with the relevant departments, assess the responsibility of the foreign news agency and its subordinate information organization in accordance with the law.

  Where a foreign news agency and its subordinate information organizations contravene the provisions of Articles 3, 4, 6, 7, 8 and 9 of these Procedures, the New China News Agency may, in light of the severity of the violation, undertake such measures as partially or completely nullifying their right to release economic information inside China, or revoking their licence to release economic information inside China.

  Article 21 Should a user inside China violate the provisions of Articles 10 or 11 or clause 2 of Article 12, or of Article 13, the New China News Agency shall, in light of the severity of the violation, undertake such measures as prohibiting a user from registering, stopping a user from receiving economic information released by foreign news agencies and their subordinate information organizations, or annulling a user's registration.

  PART SEVEN SUPPLEMENTARY PROVISIONS

  Article 22 Taiwan, Hongkong or Macao news agencies and their subordinate information organizations releasing economic information inside [mainland] China shall be handled with reference to these Procedures.

  Other information organizations which provide foreign news agencies and their subordinate information organizations with economic information released inside China, shall be managed with reference to these Procedures.

  Article 23 The Centre for the Administration of Foreign Information of the New China News Agency shall, in light of the actual circumstances of each region throughout the State, establish foreign information administration offices under the Centre to process user registrations and undertake examination and approval.

  Article 24 The New China News Agency shall be responsible for the interpretation of these Procedures.

  Article 25 These Procedures will become effective as of the date of promulgation.

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