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(Promulgated
June 15, 1983 by the State Council and effective as of June 15,
1983)
Chapter
I General Provisions
Article
1. These Regulations are formulated to strengthen control over
gold and silver, to guarantee the State's gold and silver requirements
for its economic development and to outlaw gold and silver smuggling
and speculation and profiteering activities.
Article
2. Reference to gold and silver in these Regulations includes:
(1)
gold and silver extracted during the mining of ore deposits and
gold and silver as a by-product of smelting;
(2)
gold and silver bars, bullion, ingots and powder;
(3)
gold and silver coins;
(4)
gold and silver articles and gold or silver-based alloy articles;
(5)
gold and silver contained in chemical products;
(6)
leftover bits and pieces of gold and silver and gold and silver
contained in waste residue, waste liquid and waste solids.
Platinum
(white gold) shall be controlled in accordance with the relevant
regulations of the People's Republic of China.
Cultural
relics containing gold and silver shall be controlled in accordance
with the Law of the People's Republic of China Governing Cultural
Relics.
Article
3. The State shall pursue a policy of unified control, monopoly
purchase and distribution of gold and silver.
The
total income and expenditure of gold and silver of State organs,
the armed forces, organizations, schools, State enterprises, institutions
and collective urban and rural economic organizations (hereinafter
referred to as domestic units) shall be incorporated into the State
plan for the receipt and expenditure of gold and silver.
Article
4. The People's Bank of China shall be the State organ responsible
for the control of gold and silver in the People's Republic of China.
The
People's Bank of China shall be responsible for the control of the
State's gold and silver reserves; responsible for the purchase and
sale of gold and silver; work in conjunction with the authority
responsible for commodity prices to formulate and administer a purchase
and sales price for gold and silver; work in conjunction with the
competent department to examine and approve the operations (including
processing and sales) of units (hereinafter referred to as managing
units) dealing in gold and silver products, chemical products containing
gold and silver, the recovery of gold and silver from residual liquid
and solid wastes; control and inspect the gold and silver market
and supervise the implementation of these Regulations.
Article
5. All gold and silver held by domestic units, with the exception
of raw materials, equipment, household utensils and mementos which
the People's Bank of China has permitted to be kept, must be sold
to the People's Bank of China. No gold and silver may be personally
disposed of or kept without authorization.
Article
6. All gold and silver legally gained by individuals shall come
under the protection of the State.
Article
7. No unit or individual within the territory of the People's
Republic of China shall use gold and silver as a pricing unit. Private trading of gold and silver and
the use of gold and silver as loan or as mortgage property shall
be forbidden.
Chapter
II Control of Gold and Silver Purchases
Article
8. All gold and silver purchases shall be transacted through the
People's Bank of China. No
unit or individual shall purchase gold and silver unless authorized
or entrusted to do so by the People's Bank of China.
Article
9. All gold and silver extracted in the course of operations (including
the production of ore deposits and as by-products of smelting) by
industrial enterprises, rural commune production units, the armed
forces and individuals shall be sold to the People's Bank of China.
No gold and silver shall be personally sold, exchanged or kept.
All
the above-mentioned production units shall, in accordance with the
relevant regulations, strengthen control over finished and semi-finished
gold and silver articles in their production process.
They may not sell or otherwise dispose of such articles themselves.
Article
10. The State shall encourage managing units and units that utilize
gold and silver to recover gold and silver from associated mineral
ores and from residual liquid and solid wastes.
All
the gold and silver recovered by the above-mentioned units must
be sold to the People's Bank of China. Such units may not sell,
exchange or keep any of the said gold and silver. Units that utilize
gold and silver may, however, with the permission of the People's
Bank of China, reuse the recovered gold and silver.
Article
11. All gold and silver refined by domestic units as a by-product
from imported gold, silver or ore materials, with the exception
of gold and silver kept with the permission of the People's Bank
of China or that for re-export following processing, must be sold
to the People's Bank of China.
Such units may not sell, exchange or keep any of the said
gold and silver.
Article
12. All gold and silver sold by individuals must be sold to the
People's Bank of China.
Article
13. All excavated gold and silver without legal owners shall become
State property. No
unit or individual shall melt down, destroy by melting or burning
or take possession of the said gold or silver.
All
excavated gold and silver without legal owners found by a unit or
individual shall be appraised by the local cultural administration
department and, with the exception of any article valued as an historic
or cultural relic which shall be handled in accordance with the
Law of the People's Republic of China Governing Cultural Relics,
handed over to the People's Bank of China, and following evaluation
the sum shall be paid into the Treasury.
Article
14. All gold and silver confiscated by State organizations in the
areas of public security, the judiciary, customs, industrial and
commercial administration, taxation office, and other authorities
shall be sold to the People's Bank of China.
It may not be disposed of by these organizations or replaced
by any other material object. In accordance with the relevant regulations,
the sale price of the confiscated gold and silver shall be paid
into the Treasury.
Chapter
III Control Of Allocated Sales Of Gold And Silver
Article
15. All units that need to use gold and silver shall, in accordance
with regulation procedures, file an application with the People's
Bank of China stating the planned use of the gold or silver and
shall be supplied upon its approval.
The
People's Bank of China shall supply the gold and silver in accordance
with the approved plan and shall not reduce or delay the supply
at will.
Article
16. Wholly foreign owned enterprises, Sino-foreign joint ventures
and foreign investors operating within the territory of the People's
Republic of China who purchase gold and silver products or process
goods containing gold and silver and thus wish to acquire gold and
silver supplies in China shall make an application according to
the specified procedures, to be submitted to the People's Bank of
China for approval and fulfillment of the request.
Article
17. All units using gold and silver shall establish a utilization
system whereby the amount used for a particular item is strictly
controlled and the surplus returned.
Possession of raw gold and silver materials (including semi-finished
products) shall not be transferred, nor shall the said materials
be used for any other purpose without the permission of the People's
Bank of China.
Article
18. The People's Bank of China shall, within the scope of these
Regulations, have the right to supervise and examine all units utilizing
gold and silver. The said units shall provide the People's Bank of China with
accurate information concerning operations and their usage of gold
and silver.
Chapter
IV Control of Managing Units and Individual Silversmiths
Article
19. All units that have applied to deal in (including processing
and sales) gold and silver products, chemical products containing
gold and silver and gold and silver recovered from residual liquid
and solid wastes shall, in accordance with the relevant regulations
and procedures for examination and approval set by the People's
Republic of China, be investigated and approved by the People's
Bank of China and the relevant competent departments.
Operations may be begun following registration with the State
Administration for Industry and Commerce and the issuing of a business
licence.
Article
20. Managing units shall operate their gold and silver business
within its ratified scope.
No unauthorized changes shall be made to the scope of operations,
nor shall gold and silver be embezzled, misappropriated or purchased
illegally in the course of operations.
Article
21. The casting and issuing of gold and silver-based commemorative
coins shall be handled by the People's Bank of China. No other units
shall cast, copy or issue such items.
The
export of gold and silver-based commemorative badges (plaques) shall
be handled separately by the People's Bank of China and the Ministry
of Foreign Economic Relations and Trade.
Article
22. Commission shops and second-hand shops shall not purchase or
sell gold and silver articles and equipment. Jewellers may purchase
for export jewel ornaments inlaid with gold and silver, but shall
not purchase or sell gold and silver articles and materials.
The People's Bank of China is responsible for the purchase
and supply for the export trade of gold and silver products.
Article
23. Individual silversmiths in the borderland minority nationality
regions and in the coastal areas where relatives of overseas Chinese
live in relatively concentrated communities may, with the approval
of the People's Bank of China at county level or above and the State
Administration for Industry and Commerce, engage in the making and
repairing of gold and silver articles for individuals, but shall
not purchase and sell gold and silver articles.
Article
24. The State shall permit individuals to mail gold and silver
ornaments in accordance with specific control methods formulated
by People's Bank of China and the Ministry of Posts and Telecommunications.
Chapter
V Control of Gold and Silver Taken into or out of the People's Republic
of China
Article
25. No restriction shall be imposed on the amount of gold and silver
brought into the People's Republic of China, but declaration and
registration must be made to the Customs authorities of the People's
Republic of China upon entry.
Article
26. Inspection and clearance by the People's Republic of China
Customs of gold and silver taken or retaken abroad shall be made
in accordance with the amount shown on the certificate issued by
the People's Bank of China or the original declaration and registration
form made on entry. All gold and silver without a covering
certificate or in excess of the amount declared and registered upon
entry shall not be allowed to be taken out of the country.
Article
27. Gold and silver ornaments (including gold and silver inlaid
work, handicraft articles, household utensils etc.) taken out of
the People's Republic of China by tourists who have purchased the
said article in the People's Republic of China shall be inspected
and cleared by the People's Republic of China Customs upon the showing
of a "Special Receipt" issued by a Chinese unit dealing
in gold and silver articles. If a "Special Receipt" cannot
be produced the article shall not be allowed to be taken out of
the country.
Article
28. When Chinese citizens, foreign nationals or Stateless persons
residing in the People's Republic of China wish to leave the People's
Republic of China to live permanently abroad the maximum amount
per person of gold and silver which may be taken out of the People's
Republic of China is:
gold
ornaments, 1 liang (31.25 grams)
silver
ornaments, 10 liang (312.50 grams)
silver
utensils, 20 liang (625 grams)
An
inspection shall be made by the People's Republic of China Customs
and clearance given only to amounts that conform to regulations.
Article
29. There shall be no limit placed on the amount of gold and silver
imported as raw materials for production by wholly foreign owned
enterprises and Sino-foreign joint ventures. Products for export which contain a relatively high percentage
of gold and silver must first be examined and approved by the People's
Bank of China. Exit
clearance shall not be given without the People's Bank of China's
ratification or should the amount exceed the approved export quantity.
Chapter
VI Awards and Penalties
Article
30. Units or individuals who make the following contributions shall
be cited or given appropriate material rewards by the State:
(1)
those who conscientiously carry out State policies and decrees in
relation to gold and silver and make a marked contribution to the
recovery or control of gold and silver;
(2)
those who contribute prominently towards the protection of the State's
gold and silver reserves and the struggle against smuggling, speculation,
profiteering and other illegal activities;
(3)
those who make contributions to the State by immediately declaring
or handing in excavated gold and silver without a legal owner;
(4)
those who donate a personal collection of gold and silver to the
State.
Article
31. Violations of these Regulations in the following ways shall,
in accordance with the severity of the action, bring penalties imposed
by the People's Bank of China, the State Administration for Industry
and Commerce and Customs authorities within the limits of each body's
authority.
(1)
In relation to violations of Articles 8, 9, 10 and 11 of these Regulations
involving the unauthorized purchase, sale, exchange or possession
of gold and silver, the People's Bank of China or the State Administration
for Industry and Commerce may force a purchase or purchase the gold
and silver at a devalued price.
Should the case be serious the State Administration for Industry
and Commerce may also impose a fine or simply confiscate the gold
and silver.
In
addition, the State Administration for Industry and Commerce may
withdraw the business licence of any party who violates Article
8, 9, 10 or 11 of these Regulations.
(2)
In relation to violations of Article 13 of these Regulations involving
the unauthorized melting down, destruction by melting or burning
or the keeping of excavated gold and silver without a legal owner,
the People's Bank of China may recover the material object or the
State Administration for Industry and Commerce may impose a fine.
(3)
In relation to violations of Article 17 of these Regulations, involving
unauthorized changes to the utilization of or the transferral of
raw gold and silver materials, the People's Bank of China may issue
a warning or recover the gold and silver already sold. Should the case be serious a fine may
be imposed or supply may be discontinued.
(4)
In relation to violations of Articles 19, 20, 21, 22 and 23 of these
Regulations, involving unauthorized business operations, unauthorized
changes to the scope of operations, the embezzlement, misappropriation
or illegal purchasing of gold and silver, the State Administration
for Industry and Commerce may impose a fine or confiscate the gold
and silver. Should the case be serious, the business licence may
be withdrawn and demands made for the operation to close down.
(5)
In relation to violations of Article 7 of these Regulations, involving
the use of gold and silver as a pricing unit or as a loan mortgage
property or engaging in the private trade of gold and silver, the
People's Bank of China or the State Administration for Industry
and Commerce may force a purchase or purchase the gold and silver
at a devalued price. Should the case be serious the State Administration
for Industry and Commerce may impose a fine or confiscate the gold
and silver.
(6)
In relation to violations of the provisions of Chapter 5 of these
Regulations, involving the control of gold and silver taken into
or out of China or as regards any methods used to smuggle gold and
silver out of the People's Republic of China, Customs authorities
shall deal with cases in accordance with these Regulations and the
customs laws and regulations of the People's Republic of China.
(7)
In relation to violations of Article 14 of these Regulations, the
People's Bank of China shall purchase the said gold and silver.
The administrative liability of those directly responsible
shall be investigated by the relevant unit.
Article
32. When violations of these Regulations constitute a criminal
offence, the judicial organs shall, in accordance with the law,
investigate and determine criminal liability.
Chapter
VII Appendix
Article
33. Detailed rules for the implementation of these Regulations
shall be formulated by the People's Republic of China in conjunction
with the relevant departments of the State Council.
Article
34. Necessary adaptations of regulations for the control of gold
and silver in the borderland minority nationality regions shall
be formulated in accordance with these Regulations by the relevant
county or autonomous region People's Government, in conjunction
with the People's Bank of China.
Article
35. These Regulations shall come into effect from the date of promulgation.
All previous procedures for the control of gold and silver
formulated by the relevant departments shall cease to apply henceforth.
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