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Supplementary Provisions on the Interim Measures for the
Establishment of Sino-foreign Joint Venture Foreign Trade Companies


Decree of the Ministry of Commerce of the People's Republic of  China

[2003] No. 10

ˇˇˇˇWith a view to promoting Hong Kong and Macao to establish a closer
economic and trade relationship with the Mainland, encouraging
service providers from Hong Kong and Macao to establish within the
Mainland enterprises engaging in foreign trade business, we have
hereby made the following special provisions on the Interim Measures
for the Establishment of Sino-Foreign Joint Venture Foreign Trade
Companies (WaiJingMaoBu [2003] Order No. 1) in accordance with the
Mainland and Hong Kong Closer Economic Partnership Arrangement and
the Mainland and Macao Closer Economic Partnership Arrangement
approved by the State Council:

I. As of January 1st, 2004, service providers from Hong Kong and
Macao shall be permitted to establish foreign trade companies within
the Mainland by means of joint venture, cooperative or solely funded
enterprise.
II. For the establishment of a foreign trade company, the average
trade amount with the Mainland by a service provider from Hong Kong
or Macao during the three years prior to the application shall be no
less than US$10 million. For the establishment of a foreign trade
company in the central and western regions of the Mainland, the
average trade amount with the Mainland by a service provider from
Hong Kong or Macao during the three years prior to the application
shall be no less than US$5 million.
III. Where a service provider from Hong Kong or Macao files an
application to establish a foreign trade company, the registered
capital of the foreign trade company shall be no less than RMB20
million Yuan; if the service provider establishes a foreign trade
company in the central and western regions, such registered capital
shall be no less than RMB10 million Yuan.
IV. With regard to other matters for service providers from Hong
Kong and Macao to invest in the Mainland to establish foreign trade
companies, the Interim Measures on Establishing Sino-foreign Joint
Venture Foreign Trade Companies shall still be applied.
V. The service providers from Hong Kong and Macao mentioned in the
present Supplementary Provisions shall respectively meet the
requirements in the Mainland and Hong Kong Closer Economic
Partnership Arrangement and the Mainland and Macao Closer Economic
Partnership Arrangement on the definition of "service provider", and
in other relevant provisions, as well.

VI. The power to interpret the present Supplementary Provisions
shall remain with the Ministry of Commerce.

VII. The present Supplementary Provisions shall be implemented as of
January 1st, 2004.

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