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国务院关于加强华侨、港澳台同胞捐赠进口物资管理的若干规定 PROVISIONS CONCERNING THE ADMINISTRATION OF IMPORTED GOODS AND MATERIALS DONATED BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG, MACAO AND TAIWAN

2006-05-18 00:45   我要纠错 | 打印 | 收藏 | | |

(Promulgated by the State Council on February 20, 1989)
颁布日期:19890220  实施日期:19890301  颁布单位:国务院

  Overseas Chinese and compatriots from Hong Kong, Macao and Taiwan have made their contributions to the modernization construction and their hometowns' construction by giving donations with full patriotic zeal and the love to their old home. The state are always encouraging and all for the patriotic activities by them. Pursuant to the spirit of the CPC Central Committee concerning the improvement of the economic environment and the straightening out of the economic order and the decision of the State Council concerning the strict control of the import of high-grade consumer goods, these Provisions are made for the purpose of improving the work of accepting donations, guiding a correct orientation for accepting donations and eliminating confusions in the work related.

  1. With regard to donations of goods and materials by overseas Chinese and compatriots from Hong Kong, Macao and Taiwan, the principle of voluntariness in donating and acceptance for one's own use shall be followed. No state organs at various levels may accept donations by overseas Chinese or compatriots from Hong Kong, Macao or Taiwan. Leaders at various levels shall strictly abide by these Provisions and may not make any instruction to interfere the approval and administration work.

  2. Overseas Chinese and compatriots from Hong Kong, Macao and Taiwan are encouraged to donate necessary means of production for industrial and agricultural production and undertakings of culture and education, science and technology and public welfare. Goods and materials used for the above mentioned purposes shall be exempt from duty by the customs in accordance with provisions of Document Guofa NO.(1982)110 and Document Guofa No.(1986)10.

  3. Donations of cash foreign exchange shall be encouraged. Cash foreign exchange donated by overseas Chinese or compatriots from Hong Kong, Macao or Taiwan as private individuals may, with the approval from the State Administration of Exchange Control, participate in swap in the State Foreign Exchange Swap Center. The specific measures shall be formulated by the State Administration of Exchange Control in conjunction with relevant Departments and implemented after submitted to and approved by the State Council.

  4. With regard to donations of any of the thirteen types of machinery and electronics products the import of which is restricted under quota administration according to Document Guofa No.(1986)10 and Document Jingshen No.(1988)22 issued by the former State Economic Commission and the General Administration of Customs, the people's governments of various provinces, autonomous regions and municipalities directly under the central government shall conduct examination and approval of accepting donations in strict accordance with the donation quotas stipulated by the state. No that beyond the quotas may be approved to import. If any approval is given by overstepping of authority, the relevant leader and the person directly handling the matters shall be investigated for responsibility, and the accepted donation products shall be seriously dealt with by the General Administration of Customs in conjunction with relevant departments according to relevant provisions.

  5. With regard to donations of any machinery or electronics products the import of which is restricted but for which no definite donation quota has been specified, the Machinery and Electronics Equipment Import Examination Office of the relevant province, autonomous region or municipality directly under the central government shall, in conjunction with the Office of Overseas Chinese Affairs or the Taiwan Affairs Office of the province, autonomous region or municipality directly under the central government, make verification and submit matters to the Machinery and Electronics Equipment Import Examination Office of the State Council for examination and approval, as well as the Office of Overseas Chinese Affairs of the State Council or the Taiwan Affairs Office of the State Council for record.

  6. Donated machinery and electronics products the import of which is restricted under the examination and approval control (see the Appendix), including those accepted in the form of “selling tickets abroad and taking delivery at home”, may only be used by the direct recipient units themselves. The recipient units may not transfer, sell the added value or make any exchange of the donations, nor sell them on market after having them assembled or processed. For accepting donations of machinery and electronics products the import of which is restricted by the state, one shall apply to the Ministry of Foreign Economic Relations and Trade or its authorized agency for an import license against the approval document. The customs shall make inspection and release against the import license.

  7. With regard to donations of monopoly goods and materials or goods and materials the import of which is under import license control, subject to Articles 4 and 5 of these Provisions, the Office of Overseas Chinese Affairs or the Taiwan Affairs Office of the relevant province (autonomous region or municipality directly under the central government)shall make verification and submit matters to the state competent department concerned for examination and approval, and the customs shall make inspection and release in accordance with relevant provisions. Except those for one's own use, the donation shall be turned over to the monopoly unit or be purchased by the administrative department for goods and materials or the administrative commercial department at a reasonable price, and the purchasing unit (including the monopoly unit) shall pay the tax in accordance with relevant provisions. The specific measures shall be formulated by the Ministry of Materials and Equipment and the Ministry of Commerce in conjunction with relevant departments, and implemented after submitted to and approved by the State Council.

  8. Donations by overseas Chinese and compatriots from Hong Kong, Macao and Taiwan do not include donations of goods and materials or other various aids given gratis to Chinese units by foreign representatives of foreign investment enterprises or enterprises engaging in external processing and assembling or compensation trade, by Chinese-funded institutions sent abroad (or to the region of Hong Kong or Macao), or by foreign governments, foreign non-governmental economic or trading organizations or foreign businessmen in external contacts, which shall be handled in accordance with relevant provisions of the state.

  9. Those, under the guise of donation, acting in collaboration to illegally procure foreign exchange, dodge licensing control, evade taxes or commit other illegal activities such as scalping shall be punished according to law with all their illegal earnings confiscated.

  10. These Provisions shall enter into force on March 1, 1989. Donations approved to accept before that day shall be handled in accordance with the existing provisions. In case of any discrepancy between any existing document and these Provisions, these Provisions shall prevail.

  Appendix: List of Machinery and Electronics Products the Import of Which Is Restricted under the Examination and Approval Control

  1. Automobiles Include chassis, various refitted automobiles, automobiles of various special types or for various special uses, motors, drives and bodies (or driver's cabs)。

  2. Computers and their accessories Include programmable computers, central processing units, soft and hard disk drives (or drive mechanisms), printers, monitors or terminals, tape machines, drawing machines and computer typewriters. Not include programmable units.

  3. Televisions Include projective televisions, industrial televisions and 14'' or bigger monitors.

  4. Television picture tubes

  5. Motorcycles and their motors and frames

  6. Audio recorders Include radio recorders, recording and play back machines, component stereo systems, recorders used in language laboratories and car radio players.

  7. Freezers and their compressors and bodies Include refrigerators and food display cabinets. Not include refrigerators or freezing cabinets with a capacity of more than 340 liters or with a minimum refrigeration temperature of lower than 40 centigrade degrees or their compressors.

  8. Washing machines Not include washing machines with a capacity of more than 6 kilograms or dry-cleaning machines.

  9. Complete sets of video equipment, video recording and playback devices and their inner works, magnetic heads, magnetic drums and components.

  10. Photographic cameras and their bodies, shutters and viewfinders Not include high-attitude, under-water, plate-making or fund us cameras.

  11. Wrist watches Include pointer quartz watches and pointer mechanical watches. Not include digital quartz watches.

  12. Air conditioners and their compressors Include window-mounted, suspended and free-standing air conditioners. Not include automotive air conditioners, aviation air conditioners or central conditioning systems.

  13. Photocopiers Include card and engineering drawing photocopiers. Not include offset, alcohol or gelatin photocopiers.

  14. Audio or video tape dubbing equipment Not include audio tape dubbing equipment with a velocity ratio of 1:8 or lower.

  15. Automotive hoisting machinery and their chassis Not include front hoists.

  16. Imaging devices Include X-ray imaging devices (CT) and magnetic resonance imaging devices (MRI)。 Not include gamma imaging devices.

  17. Electron microscopes 18. Open-end spinning frames 19. Electron color scanners 20. Integrated circuit Note: Products referred to above include their parts the import price for which reaches to 60% of the import price for a single complete set of the machinery of the same type.

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