Regulations of the People’s Republic of China on Administration of the Imports and Exports of Endangered Wildlife were adopted at the 131st Standing Conference of the State Council on April 12, 2006. They are hereby promulgated and shall be implemented as of September 1, 2006.
Minister: Wen Jiabao

April 29, 2006

Regulations of the People’s Republic of China on Administration of the Imports and Exports of Endangered Wildlife

Article 1 These Regulations are formulated for the purposes of improving the administration of the imports and exports of endangered wildlife and its products, protecting and making rational use of wildlife resources, executing Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES).

Article 2 The imports or exports of endangered wildlife and its products subject to import or export restriction by the CITES shall apply to these Regulations.
The exports of national key protected wildlife and its products shall follow the provisions of these Regulations relating to the exports of endangered wildlife and its products.

Article 3 The competent departments for forest, agriculture (fishery) under the State Council (hereinafter referred to as the competent departments for wildlife under the State Council) shall, according to division of responsibility, be in charge of the administration of the imports and exports of nationwide endangered wildlife and its products, and carry out well the work relating to performing the CITES.
Other relative departments under the State Council shall, according to the provisions of relative laws and administrative laws and regulations, do the corresponding work well within the scope of their own official duty.

Article 4 The administration for the imports and exports of endangered species performs the CITES on behalf of the Chinese government, in accordance with the provisions of these Regulations, issue import and export permit to national key protected wildlife and its products and endangered wildlife and its products subject to the import and export restriction by the CITES imported and exported with the approval of the competent department for wildlife under the State Council.

Article 5 National scientific organs for imports and exports of endangered species shall, according to the provisions of these Regulations, organize the experts in terrestrial wildlife, aquatic wildlife and wild flora to be engaged in the scientific consultancy service on imports and exports of endangered wildlife and its products.

Article 6 It is forbidden to import or export the endangered wildlife for the purpose of commercial trade which is prohibited by the CITES. If imports or exports are needed for scientific research, training and breeding, artificial breeding, cultural exchange and other special circumstances, it shall be approved by the competent department for wildlife under the State Council. Whatever needs the approval of the State Council in accordance with relative regulations, it shall be submitted to the State Council for approval.
It is forbidden to import or export un-named or newly found endangered wildlife and its products with important value and the endangered wildlife that the State Council or the competent department for wildlife under the State Council for wildlife prohibit to import or export.

Article 7 It shall be approved by the competent department for wildlife under the State Council to import or export the endangered wildlife and its products that are imposed restriction by the CITES or to export the wildlife and its products on which the State Council or the competent department for wildlife under the State Council imposes the restriction.

Article 8 Whoever imports endangered wildlife and its products shall satisfy following requirements:

1. The use of endangered wildlife and its products accords with relative regulations of the state;

2. Have effective control measures and meet the requirements of ecological safety;

3. The materials provided by the applicant are true and effective; and

4. Other requirements published by the competent department for wildlife under the State Council.

Article 9 Whoever exports endangered wildlife and its products shall satisfy following requirements:

1. Be in line with the requirements of ecological safety and public interests;

2. The source is legal;

3. The materials provided by the applicant are true and effective;

4. Do not subject to the scope that the export is prohibited by the State Council or the competent department for wildlife under the State Council; and

5. Other requirements published by the competent department for wildlife under the State Council.

Article 10 An applicant shall submit an application for imports or exports of endangered wildlife or its products to the competent department for wildlife under the People’s government of the province, autonomous region, municipality directly under the Central Government where the applicant is located and submit following materials:

1. Contract for import or export;

2. The name, category, quantity and use of the endangered wildlife and its products;

3. Explanation materials on transportation facilities for living endangered wildlife; and

4. Other materials that shall be provided published by the competent
department for wildlife under the State Council.
The competent department of the People’s government of the province, autonomous region and municipality directly under the Central government shall sign comments and transfer all the application materials to the competent department for wildlife under the State Council within 10 working days as of receipt of the application.

Article 11 The competent department for wildlife under the State Council shall make a decision on approving or not the application and inform the applicant within 20 working days as of the receipt of the application. If the decision could not be made within 20 working days, 10 working days may be prolonged with the approval of the person in charge of this administrative organ, and the applicant shall be informed of the period and the reason for the extension.

Article 12 After obtaining the approval documents of the competent department for wildlife under the State Council, the applicant shall, within the period of validity, apply for the import and export permit to the national administration for the imports and exports of the endangered species.

Following materials shall be submitted while applying for the import and export permits:

1. Application Form for the Import and Export Permit;

2. Approval documents for import and export

3. Contract for import or export.

For imports of endangered wildlife and its products on witch the CITES imposes restriction, the applicant shall also submit the evidence on export permit issued by the administration for import and export of endangered species of the export country (region). For exports of endangered wildlife and its products prohibited by the CITES to be imported and exported for the purposes of commercial trade, the applicant shall also submit the import permit issued by the administration for the import and export of endangered species of the import country (region). When the imported endangered wildlife and its products are re-exported, the applicant shall also submit the customs declaration form and the re-export permit signed by the customs.

Article 13 The state administration for the imports and exports of endangered species shall, within 20 working days from the date of receiving the application, make a decision on examination and verification. To the application that the application materials are completed and accord with the requirements of the provisions of these regulations and the CITES, the import and export permit shall be issued. To the application that the import and export permit could not be issued, the decision shall be informed to the applicant and the competent department for wildlife under the State Council and reasons should be given by writing. If a decision could not be made within 20 working days, with the approval of the person in charge of this administration, 10 working days may be extended, the period and reason for the extension shall be informed to the applicant.
To the application that the materials do not meet the requirements, the state administration for the imports and exports of endangered species shall, while examining and verifying the application, inform in one time within 5 working days the applicant of all the content that need to be added and corrected.

Article 14 The state administration for the imports and exports of endangered
species, while issuing the import and export permit, need to consult the opinion of the scientific organ of the state administration for the imports and exports of endangered species or verify the certificate for approval of import and export and relative content with corresponding foreign organs. The time needed for the consultancy and verification shall not be counted into the working days for issuing the import and export permit.

Article 15 The competent department for wildlife under the State Council and the competent department of the people’s government of province, autonomous region, municipality directly under the Central government and the state administration for the imports and exports of wildlife shall not, while examining and approving the imports and exports of wildlife and its products, collect other charges except for the cost stipulated by the state.

Article 16 If the wildlife resource or ecological safety has been or might be seriously harmed or effected due to the imports or exports of endangered wildlife or its products, measures on temporary ban or restriction of imports and exports of endangered wildlife and its products shall be made by the competent department for wildlife under the State Council and reported to the State Council for approval and implemented after the approval.

Article 17 If the endangered wildlife and its products obtained from the sea area which is not subject to jurisdiction of any countries are imported to China, relative provisions of these regulations relating to import shall be referred to.

Article 18 Whoever imports wildlife and its products relating to the management of foreign species or exports wildlife and its products relating to the management of wildlife resource shall abide by relative regulations of the state.

Article 19 Whoever imports or exports endangered wildlife and its products shall do it in the port appointed by the competent department for wildlife under the Stated Council together with the General Administration of the Customs and the General Administration of Quality Supervision, Inspection and Quarantine and approved by the State Council.

Article 20 Whoever imports or exports endangered wildlife and its products shall, according to the category, quantity, port and time limit, fulfill the imports and exports.

Article 21 Whoever imports or exports endangered wildlife and its products shall submit the import permit to the customs and accept the supervision and control of the customs and, within 30 days from the date of customs clearance, send the duplicate of the import and export permit checked by the customs to the state administration for imports and exports of endangered species for record.

Transit, transshipment and through endangered wildlife and its products shall be supervised and controlled by the customs throughout the period from the time of arrival　in　the　territory　to　the　time　of departure from the territory.

The endangered wildlife and its products that enter or leave the bonded area, export processing zone and other area and bonded places specially supervised and controlled by the customs shall accept the customs supervision and control, and go through import and export formalities according to the regulations of the General Administration of the Customs and the state administration for imports and exports of endangered species.
Whoever imports or exports endangered wildlife and its products shall, by import and export permit, report to the organ for entry-exit inspection and quarantine for examination, and accept inspection and quarantine.

Article 22 The state administration for the imports and exports of endangered wildlife shall send in time the copies of relative materials relating to issuing of import and export permit and the information of annual imports and exports of endangered wildlife and its products to the competent department for wildlife under the State Council and other relative competent departments.

Article 23 The documents for approval of imports and exports shall be printed uniformly by the competent department for wildlife under the State Council. Import and export permit and application form shall be printed uniformly by the state administration for the imports and exports of endangered species.

Article 24 Any staffs of the competent department for wildlife and the state administration for the imports and exports of endangered species who accept others’ property or seek other interests by making use of the convenience of their duty, do not approve the import and export or issue import and export permit according to the provisions of these regulations shall, if the case is serious and commits a crime, be ascertained criminal responsibility according to law, and if it does not commit a crime, be given punishment according to law.

Article 25 Any staffs of national scientific organ for the imports and exports of endangered species who collect others property or seek other interests, or provide false comments by making use of the convenience of their duty shall, if the case is serious and commits a crime, be ascertained criminal responsibilities according to law, if it does not commit a crime, be given punishment according to law.

Article 26 Whoever illegally imports, exports or smuggles by other means the endangered wildlife and its products shall be punished by the customs according to relative provisions of Customs Law, and if the case is serious and commits a crime, shall be ascertained criminal responsibilities.
The confiscated real objects shall be transferred to the competent department for wildlife for treatment according to law. If any confiscated real objects need quarantine, they shall be treated after passing the quarantine. The confiscated real objects that need to be returned to the export country (region) shall be handed over by the competent department for wildlife to the state administration for the imports and exports of the endangered species for treatment according to the provisions of the CITES.

Article 27 Whoever falsifies, resells at a profit, or transfers the documents for approval of imports and exports or import and export permit shall be punished by the competent department for wildlife or the administrations for industry and commerce according to the division of responsibilities. If the case is serious and commits a crime, criminal responsibility shall be ascertained.

Article 28 These regulations shall be implemented as of September 1, 2006.