Article 1
These Rules are formulated to promote international trade and economic and technological exchanges, to strengthen the administration of foreign chambers of commerce, and to protect the legitimate rights and interests thereof.
Article 2
A foreign chamber of commerce in China refers to a non-profit organization that is formed pursuant to these Rules in China by foreign commercial establishments and personnel in China and does not engage in any business transactions. The activities of foreign chambers of commerce in China shall focus on promoting trade and economic and technological exchanges between their members and Chinese counterparts and facilitating their research in and discussions about the development of international trade and economic and technological exchanges.
Article 3
Foreign chambers of commerce in China must comply with laws and regulations of China and shall not jeopardize the state security and social and public interests of China.
Article 4
For the setting up of a foreign chamber of commerce in China, the following conditions shall be satisfied:
(1) Having articles of association indicating the common will of the Chamber's members;
(2) Having a certain number of sponsoring members and responsible persons;
(3) Having premises as its permanent office;
(4) Having lawful sources of funds.
Article 5
Foreign chambers of commerce in China shall be formed according to their respective country origins and may have both group members and individual members. Group members mean those which join the chamber in the name of commercial establishments. Commercial establishments shall mean the representative offices or branches set up in China according to law by foreign companies, enterprises and other economic organizations. Individual members mean those staff members of non-Chinese nationality working in commercial establishments or enterprises with foreign investment and joint the chamber in their own names.
Article 6
The name of a foreign chamber of commerce in China shall be preceded by the name of its own country and added the word “China”.
Article 7
For the formation of a foreign chamber of commerce in China, a written application shall be submitted to the China Chamber of International Commerce for further transmission to the Ministry of Foreign Economic Relations and Trade of the People's Republic of China (hereinafter referred to as the “examining authorities”) for examination. The examining authorities shall complete the
examination within 60 days after the date of receiving the written application and all the attached papers. It shall issue an approval certificate if the conditions contained in Article 4 are satisfied, or reject the application if the above-mentioned conditions are not satisfied. The examining authorities shall give explanations if it cannot complete the examination within the prescribed time limit on account of special circumstances.
Article 8
The written application for the setting up of a foreign chamber of commerce in China shall be duly signed by the chief sponsor and accompanied by the following papers:
(1) Articles of association of the chamber in quintuplicate, which contains the following particulars:
a. name and address;
b. organizational structure;
c. names and status of the Chairman, Vice-Chairmen and Managing Director;
d. procedure for the admission of members and their rights and obligations;
e. scope of activities;
f. financial information.
(2) A list of the sponsoring members of the chamber in quintuplicate with the group members and individual members listed separately. For each of the group members, the name, address, business scope and names of the responsible persons shall be indicated. For each of the individual members, the name of the commercial establishment or enterprise with foreign investment to which the individual member belong, and his position and personal curriculum vita or a brief description of his commercial activities in China shall be included therein.
(3) Name and resume of each of the Chairman, Vice-Chairmen and Managing Director of the chamber in quintuplicate.
Article 9
Upon the examination and approval of the application for the setting up of a foreign chamber of commerce in China by the examining authorities, the chief sponsor shall submit the approval certificate to the Ministry of Civil Affairs of the People's Republic of China (hereinafter referred to as the “registration authorities”) for registration pursuant to the provisions of these Rules and other relevant laws and regulations. A foreign chamber of commerce in China shall be deemed to have been formed upon the completion of the registration and the issuance of a registration certificate.
Article 10
A foreign chamber of commerce in China shall keep accounting books in its office. Its membership fees and other funds obtained pursuant to the provisions of its Articles of Association shall be used to cover the expenditures specified in its Articles of Association and shall not, under any name, be used as payments to its members or remitted out of China.
Article 11
A foreign chamber of commerce in China shall submit in January of each year a report on its activities in the previous year to the examining authorities and the registration authorities through the China Chamber of International Commerce. The China Chamber of International Commerce shall provide foreign chambers of commerce in China with consultative and other services for their activities and contacts with relevant Chinese authorities.
Article 12
When a foreign chamber of commerce in China wishes to amend its Articles of Association or replace its Chairman, Vice-Chairman, or Managing Director or change the address of its premises, it shall apply for examination and approval and register such changes pursuant to the procedures contained in Articles 7, 8 and 9.
Article 13
A foreign chamber of commerce in China shall subject itself to the supervision of relevant Chinese authorities. In the event, a foreign chamber of commerce in China violate these Rules, the registration authorities shall have the power to impose such sanctions as warning, fine, suspension for a specific period, revocation of its registration and cease and desist order.
Article 14
Where a foreign chamber of commerce in China is to be dissolved, it shall submit an application duly signed by its Chairman together with a certificate proving the completion of its liquidation to the registration authorities for canceling its registration and report to the examining authorities for the record. A foreign chamber of commerce in China shall cease any of its activities upon surrendering of its registration certificate.
Article 15
These Rules shall take effect as of 1st July 1989.
Promulgated by The State Council on 1989-6-14 |