People's Republic of China promulgated by Decree No. 533

　　　　　　　　　　　　　　　　　　　　　　　 People's Republic of China livestock and poultry genetic resource entry and exit research and external cooperation and approval of the State Council on August 20, 2008 adopted by the 23rd Standing Conference, are hereby promulgated and, as of October 1, 2008.

　 Prime Minister Wen Jiabao

The August 28, 2008

People's Republic of China livestock and poultry genetic resources research on entry and exit, and international cooperation and approval

First animal genetic resources in order to improve the entry and exit and foreign cooperation in utilization management, protection and rational utilization of animal genetic resources, preventing the loss of animal genetic resources, promote sustainable and healthy development of animal husbandry, according to the People's Republic of China Law on animal husbandry, these measures are formulated.

II animal genetic resource introduced from abroad, overseas output or domestic and overseas institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, shall comply with the People's Republic of China Law on animal husbandry, and approval formalities in accordance with these regulations.

Article animal mentioned in these measures refers to inclusion in accordance with the People's Republic of China animal husbandry law published by the 11th article of list of livestock and poultry genetic resources of livestock and poultry.

Animal genetic resources in these measures refers to livestock and poultry and their ova (eggs), embryos, semen, genetic material and genetic materials.

The fourth animal genetic resource introduced from abroad, subject to the following conditions:

(A) introduce the purpose clear, use reasonable;

(B) comply with the animal genetic resources conservation and utilization planning;

(C) the introduction of genetic resources of livestock and poultry from non-endemic areas;

(D) meet the entry and exit animal and plant quarantine and agricultural genetically modified organism safety regulations, poses no threat to livestock and poultry genetic resources and ecological environment security in the territory.

The fifth unit of animal genetic resources to be brought in from outside, and should present to their home provinces, autonomous regions and municipalities apply to the animal husbandry and veterinary administrative departments, and animal genetic resources submitted by buying and selling contracts or grant agreements.

Introduction of breeding livestock and poultry genetic resources, shall also submit the following information:

(A) the species of livestock and poultry production and operation permits;

(B) exporting country or region issued by the statutory bodies of breeding pedigree or the breeder's certificate;

(C) introducing for the first time, and submitted to the breeding of livestock and poultry genetic resources, distribution, development, ecological characteristics, performance, group the main genetic defects and disease specific information.

Sixth offshore output of livestock and poultry genetic resources animal genetic resources included in the protection list, subject to the following conditions:

(A) clear;

(B) comply with the animal genetic resources conservation and utilization planning;

(C) does not pose a threat to domestic livestock production and animal product exports;

(D) countries shared the benefits scheme is reasonable.

Article seventh offshore output in the livestock and poultry genetic resources animal genetic resource protection list, should present to their home provinces, autonomous regions and municipalities directly under the animal husbandry and veterinary Administrative Department under the application, and submit the following information:

(A) the contract or grant agreement genetic resources of livestock and poultry;

(Ii) imported into the countries shared the benefits program.

Eighth in the domestic and overseas institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, subject to the following conditions:

(A) the research purpose, scope and cooperation term clearly;

(B) comply with the animal genetic resources conservation and utilization planning;

(C) intellectual property rights, research results sharing scheme reasonable;

(D) does not pose a threat to livestock and poultry genetic resources and ecological environment security in the territory;

(E) national programmes of shared benefits reasonable.

In the inside and outside agencies, individual units of cooperative research and utilization of animal genetic resources, should be qualified as a legal person according to law in China education and scientific research institutions, China-owned enterprises.

Nineth proposed domestic and foreign institution or individual cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, should present to their home provinces, autonomous regions and municipalities directly under the animal husbandry and veterinary Administrative Department under the application, and submit the following information:

(A) the feasibility study of the project;

(B) joint research contracts;

(C) country signed with foreign partners share the benefits program.

Tenth outside is forbidden to output or in the territory of cooperation with a foreign institution or individual using our unique, new discoveries without the identification of animal genetic resources and the animal husbandry and veterinary Administrative Department under the State Council ban on the export of livestock and poultry genetic resources.

11th people's Governments of provinces, autonomous regions and municipalities directly under the animal husbandry and veterinary administrative departments, animal genetic resources shall receive import and export or foreign cooperative research, using the application within 20 working days of the date the audit is completed, and will review comments and application of animal husbandry and veterinary Administrative Department under the State Council for approval. 12th for animal husbandry and veterinary Administrative Department under the State Council, animal genetic resources shall receive the import, export or foreign cooperative research auditing and within 20 working days from the date of the application, on the way to fourth, sixth, eighth, provision conditions, issuing form; do not have conditions, notify the applicant in writing and state the reasons. Among them, the output or in the inside and outside institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, or introduction of genetic resources of livestock and poultry for the first time, animal husbandry and veterinary Administrative Department under the State Council shall receive comments and within 3 working days from the date of the application, approval and sent for information assessment or review of the nation's livestock and poultry genetic resources Committee.

Evaluation or review are not included in the approval expires. 13th article of animal husbandry and veterinary Administrative Department under the State Council cannot make a decision within 20 working days, approved by the Department head, and can be extended by 10 working days.

Shall inform the applicant of the reasons for the extension. 14th animal genetic resource import and export approval form is valid for 6 months; needs continuity, the applicant shall, on the expiry of 10 working days apply to the approval authority for an extension.

Extended period may not exceed 3 months. 15th from abroad, the introduction of domestic animal genetic resources, to include overseas output in the livestock and poultry genetic resources animal genetic resource protection list, with approval form for the quarantine procedures. Customs clearance form issued by the entry-exit inspection and Quarantine Bureau of entry and exit goods go through the formalities. From imported livestock and poultry genetic resources, offshore output in the livestock and poultry genetic resources animal genetic resource protection list of units shall, within 10 working days from the date of customs clearance, the actual import and export quantity of domestic animal genetic resources animal husbandry and veterinary Administrative Department under the State Council for the record.

Animal husbandry and veterinary Administrative Department under the State Council should be copied to the environmental protection Administrative Department under the State Council to include the relevant information on a regular basis.

16th foreign cooperative research in the use of needed change study objective and scope, duration of cooperation, intellectual property rights, research sharing or share the benefits of the State programmes, within and outside institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, shall, in accordance with the original application procedure for the approval procedures.

17th provinces, autonomous regions and municipalities directly under the animal husbandry and veterinary Administrative Department under the imported track evaluation of animal genetic resources, organized experts to introduce the genetic resources of livestock and poultry production performance, health, suitability and ecological environment and local livestock and poultry genetic resources, such as determination, assessment, and measurement, assessment results reported in a timely manner of animal husbandry and veterinary Administrative Department under the State Council.

Found that the introduction of livestock and poultry genetic resources of domestic animal genetic resources, ecological harm or potential harm to the environment, animal husbandry and veterinary Administrative Department under the State Council shall be competent authorities, take appropriate safety control measures. 18th article in inside and outside institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, before December 31 in each year, cooperative research and utilization of animal genetic resources report of provinces, autonomous regions, and municipalities of animal husbandry and veterinary administrative departments.

The provinces, autonomous regions and municipalities of animal husbandry and veterinary administrative departments should cooperate on research use of the audit opinion, submit for animal husbandry and veterinary Administrative Department under the State Council for the record.

Article 19th of livestock and poultry genetic resources introduction, export and foreign cooperative research units as well as with foreign institutions or individuals interested persons shall not participate in the assessment of the application, review and determination of imported livestock and poultry genetic resources, assessment work.

The 20th China's livestock and poultry genetic resources information, including important poultry genetic pedigrees and genetic resources in specific areas and its data, information, samples, and so on, without the permission of animal husbandry and veterinary Administrative Department under the State Council, no unit or individual is allowed to transfer overseas institutions and individuals.

21st animal genetic resources animal husbandry and veterinary Administrative Department staff in import, export and foreign cooperative research approval process negligence, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

22nd in accordance with these regulations in assessment experts, review, determination, taking advantage of his position to facilitate collection of other people's property, or seeking other interests, or issue a false opinion, confiscate the illegal income shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

Section 23rd for animal genetic resources introduced from abroad, overseas output or domestic and overseas institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, withholding relevant information or provides false information, the people's Governments of provinces, autonomous regions and municipalities directly under the animal husbandry and veterinary administrative departments in a warning, in 3 years not to proceed with its application for a similar.

24th article to cheat, and bribery, not due means made approved from outside introduced animal genetic resources, to outside output or in territory and outside institutions, and personal cooperation research using included animal genetic resources protection directory of animal genetic resources of, by State livestock veterinary administrative competent sector revoked approved decided, confiscated about animal genetic resources and illegal proceeds, and sentenced 10,000 yuan above 50,000 yuan following fine, 10 years within no longer accepted the units of similar application; constitute crime of, law held criminal.

25th has not been approved, the animal genetic resources introduced from abroad, or in the inside and outside institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, or in the inside and outside agencies, individual collaborative research without the State livestock and poultry Commission on genetic resources for the identification of newly discovered genetic resources of livestock and poultry in accordance with the People's Republic of China animal husbandry and relevant provisions of the Act shall be investigated for legal responsibility. 26th has not been approved, the offshore output in the livestock and poultry genetic resources animal genetic resource protection list, according to the People's Republic of China relevant provisions of the Customs Act shall be investigated for legal responsibility.

The Customs shall transfer the animal genetic resources held provinces, autonomous regions and municipalities for animal husbandry and veterinary administrative departments.

27th to output outside or inside and outside institutions, cooperative research and utilization of animal genetic resources animal genetic resources included in the protection list, in violation of State secrecy provisions, in accordance with the People's Republic of China relating to the law on guarding State secrets shall be investigated for legal responsibility. 28th article of the rules take effect on October 1, 2008.