People's Bank of China General Administration of Customs (2015) 1th, in accordance with the People's Republic of China people's Bank of China law, the People's Republic of China Customs law and the administrative approval items really necessary to be retained by the State Council decision of the establishment of an administrative license, people's Bank of China, the Customs General Administration enacted the regulation on import and export of gold and gold products, is released, as of April 1, 2015.

On March 4, 2015, article I of the regulation on import and export of gold and gold products in order to standardize the gold and gold products import and export Act, strengthening the management of import and export of gold and gold products, according to the People's Republic of China people's Bank of China law, the People's Republic of China Customs law and the State Council to set administrative administrative examination and approval items really necessary to be retained licensing decisions, laws and regulations, these measures are formulated.

The second gold in these measures refers to the unwrought gold, gold is a semi-finished gold and gold products, etc.

Article rules of gold and gold products import and export administration, import and export of gold and gold products implement a permit system.

People's Bank of China under the national macro-economic regulatory requirements, you can limit the number of import and export of gold and gold products approval.

Listed in the administration of import and export of gold and gold products catalogue of gold and gold products imported or exported for customs clearance, issued by the people's Bank of China and its branches shall be submitted to the customs of the people's Bank of China gold and gold products import and export permit (1).

People's Bank of China, in conjunction with the General Administration of customs formulated, adjusted and promulgated the gold and gold products import and export of the commodity list for the administration.

Fourth article corporate, and other organization to following trade way import and export gold and the gold products of, should according to this approach handle people's Bank of China gold and the gold products import and export allowed card: (a) general trade; (ii) processing trade turned domestic and the territory acquisition gold raw materials to processing trade way export gold products of; (three) Customs special regulatory regional, and bonded regulatory places and territory district outside Zhijian import and export of.

Individuals, legal persons or other organizations for donations for public welfare imports of gold and gold products, shall, in accordance with the regulations of the people's Bank of China gold and gold products import and export permit.

Provisions on administration of entry and exit of gold and gold products carried by individuals, developed by the people's Bank of China, in conjunction with the General Administration of customs.

Fifth national gold reserves of import and export handled by the people's Bank of China.

Gold coins (including gold precious metal commemorative coins) import and export agencies designated by the people's Bank of China.

The sixth was eligible for the gold market should bear the responsibility of balancing physical supply and demand of the domestic gold market, import and export of gold should be registered in the gold Stock Exchange approved by the State Council, and completed the initial transaction.

The seventh gold and public donation of gold products applied for and accepted by the people's Bank of China approval.

Applications for import and export of gold products to city-level branches accepted by the people's Bank of China, the PBoC Shanghai headquarters, branches, business branches in the capital (capital) City Centre branch, Shenzhen Central subbranch approval. Eighth article application gold import and export (except for public career donation imports gold) of, should has corporate qualification, near 2 years within no related illegal violations behavior, and has following conditions one of: (a) is State approved of gold exchange of financial institutions members or do city business, has gold business professionals, and perfect of gold business risk control system and stable of gold import and export channel, by carried out of gold market business meet related policy or management provides, and application Qian two a annual gold spot trading active, and Proprietary volume ranking forefront; (ii) is State approved of gold exchange of integrated class members, years mineral gold 10 tons above, and its production process in the of pollutants emissions reached national environmental standard, in outside gold mineral investment scale up 50 million dollars above, made outside gold or symbiosis, and associated gold mining right, has formed mineral gold production capacity, by carried out of business meet both at home and abroad related policy or management provides, application Qian two a annual gold spot trading active, proprietary volume ranking forefront of mineral Enterprise

; (Three) in domestic has continuous 3 years and annual many Yu 200 million Yuan Yuan of tax records, in outside nonferrous metals investment 100 million dollars above, made outside gold or symbiosis, and associated gold mining right, has formed mineral gold production capacity, by carried out of business meet both at home and abroad related policy or management provides of mineral Enterprise; (four) bear national precious metals commemorative coin production task imports gold of production enterprise.

(E) in order to achieve the international gold market brand certification of imports and exports of gold refining business.

Nineth article application gold products import and export (except for public career donation imports gold products) of, should has corporate or other organization qualification, near 2 years within no related illegal violations behavior, and has following conditions one of: (a) production, and processing or using related gold products of enterprise, has necessary of production places, and equipment and facilities, production process in the of pollutants emissions reached national environmental standard, has continuous 3 years and annual many Yu 1 million Yuan Yuan of tax records;

(B) application of customs certification management of foreign trade enterprises, and have for 3 years and not less than 3 million yuan in annual tax records and (iii) national research project, the key topics you need to use the gold products such as educational institutions and scientific research institutions.

Tenth to apply for import and export of gold, to the people's Bank of China shall submit the following materials: (a) the written application shall contain the applicant's name, domicile (Office), company profiles, import and export of gold and planned number of business notes.

(B) the application form for the import and export of gold and gold products (2).

(Iii) stamped copy of the business license.

(D) the gold import and export contracts and its copy.

(E) the seal of the People's Republic of China organizations and agencies code card photocopy.

(F) applicants for nearly 2 years there is no description of the illegal material.

(G) the banking institutions should also provide for internal gold business risk control system about material export gold should also be submitted to the State Council for approval of the stock exchange gold stocks gold proof.

(Eight) Gold mineral of production enterprise also should submitted provincial environmental sector issued of pollutants emissions license documents and annual standard detection report copies, and business sector about outside investment reply file copies, and Bank meeting out remittance certificate copies, outside national or area mining gold about proved, Enterprise near 3 years of tax records, application export gold of also should submitted by industry competent sector or self-discipline organization issued of gold capacity proved and in State approved of gold spot exchange of registration proved.

Other material in the preceding paragraph has not changed again to apply for import and export of gold, just prior to the submission of the second and fourth of the material other material change in the preceding paragraph, mutatis mutandis, apply for the first time.

11th article application gold products import and export of, should to applicants residence to of people's Bank of China to city level above branch institutions submitted following material: (a) written application, should contains Ming applicants of name, and residence (Office places), and enterprise profile, and import and export gold products of uses and plans number, business situation description; (ii) gold and the gold products import and export application table; (three) stamped seal of enterprise corporate license, and institutions corporate certificate, statutory registration certificate copies;

(Four) Gold products import and export contract copies; (five) stamped record registration chapter of foreign trade operators record table or foreign investment enterprise approved certificate; (six) applicants near 2 years has no violations of description material; (seven) production, and processing or using gold products of enterprise also should submitted near 3 years of enterprise tax records, to city level environmental sector issued of pollutants emissions license documents and annual standard detection report and copies;

(H) the enterprises engaged in foreign trade should also be submitted to the applicable customs certification management of relevant documents, nearly 3 years of tax records; (I) educational institutions and scientific research institutions should also be submitted to national research projects, documentation of key issues; (j) Gold products for export enterprises should also be submitted in the home of raw gold value added tax invoices and other proof materials.

Other material in the preceding paragraph has not changed again to apply for import and export of gold, just prior to the submission of the second and fourth of the material, educational institutions and scientific research institutions should also be submitted before Nineth materials, export gold products should also be submitted to the tenth materials relevant to the provisions of the preceding paragraph; other material change in the preceding paragraph, mutatis mutandis, apply for the first time.

12th the processing trade sale of gold products, sale of goods imported materials are in the gold and gold products import and export management catalogue of goods, within the purchase raw gold to processing trade exports of gold products, these measures shall apply to the Nineth eligibility criteria provided for in article.

For sale in processing trade, should submit application materials in accordance with article 11th of this approach, and shall also submit a justified need to sale description of the material, the processing trade business approval certificate, copy of the material and its processing trade contracts.

Territory of acquisition of raw gold to processing trade exports of gold products, enterprises should set up in the Handbook (change) to the customs declaration when situation of buying gold in and submitted to the people's Bank of China import and export permit for gold and gold products.

13th article personal, and corporate or other organization for public career donation imports gold and the gold products of, should by by gift people to people's Bank of China submitted following material: (a) meet People's Republic of China public career donation method provides of donation agreement; (ii) institutions corporate certificate or social groups corporate registration certificate, statutory registration certificate and copies; (three) gold and the gold products import and export application table.

14th people's Bank of China shall receive gold and gold products within 20 working days from the date on which the applications for import and export licensing. 15th city-level branches of the PBC should be accepting the gold import and export within 20 working days from the date of the application for preliminary review and submit all application materials directly to the previous body.

Institution shall, on receipt of the preliminary review at a higher level within 20 working days after all application materials and make a decision on the administrative license.

PBoC's Shanghai headquarters, branches, business branches in the capital (capital) City Centre branch, Shenzhen Central subbranch directly accept applications for import and export of gold products, should be made within 20 working days from the date of acceptance of administrative licensing decision.

16th must verify the substance of the application materials, people's Bank of China and its branches for the verification of the applicants, verification should be carried out by two or more staff members.

17th licensee when handling the import and export of gold and gold products, the people's Bank of China gold and gold products import and export permit to customs related formalities. The people's Bank of China import and export permit for implementation a number of gold and gold products a certificate, within 40 working days since the date of issue.　

Licensee has a valid reason to postpone, you can document the expiry of 5 working days before the original license issuing agency to apply for a renewal.

18th rules of the licensee and its affiliates the right to supervise and inspect the activities of the matters of administrative license, licensee shall cooperate with.

19th licensee shall in accordance with the provisions of the people's Bank of China and its branches, timely reporting of gold and gold products, the implementation of import and export licenses and provide related material.

20th article except this approach fourth article provides outside, following way access of gold and the gold products from handle people's Bank of China gold and the gold products import and export allowed card, by Customs implementation regulatory: (a) through processing trade way access of; (ii) Customs special regulatory regional, and bonded regulatory places and outside Zhijian access of; (three) Customs special regulatory regional, and bonded regulatory places Zhijian access of; (four) to maintenance, and back shipped, and temporarily inbound and outbound way inbound and outbound of. The 21st article this article fourth, fifth and 20th provisions, individuals, legal persons and other organizations are allowed to import and export of gold and gold products in any other manner.

Except as otherwise provided.

22nd individuals, legal persons and other organizations of the import and export of gold and gold products shall comply with the relevant provisions of the national anti-money laundering and anti-terrorist financing.

23rd foreign exchange payments under import and export of gold and gold products, shall, in accordance with the foreign exchange control regulations.

24th article was license people shall not has following behavior: (a) transfer, and lending gold and the gold products import and export documents; (ii) using forged, and variable made of gold and the gold products import and export documents; (three) cheat or used other not due means Gets Gold and the gold products import and export documents; (four) beyond import and export administrative license varieties, and specifications, and number range; (five) false donation imports gold and the gold products; (six) imports gold not according to provides in gold spot exchange registration, and trading;

(VII) to hoarding, including malicious manipulation of gold prices, or fraud and other acts of violation of investors ' rights and interests; (VIII) breach of the gold market and gold derivatives-related policies or regulations; (IX) refused the PBC and its branch office supervision and inspection, or conceals any relevant information in the inspection process, the provision of false information.

Licensee of any of the acts listed in the preceding paragraph, people's Bank of China and its branches suspended their application for import and export in serious cases, according to the People's Republic of China article 46th of the rules of the law shall be punished.

25th people's Bank of China and its branches can be legally revoked licensee of gold and gold products import and export documents.

26th in violation of import and export of gold and gold products as provided herein, constitute offences such as smuggling or violation of customs regulations by the customs in accordance with the People's Republic of China Customs law and the People's Republic of China Customs and other laws and regulations dealing with the implementation of administrative punishments Ordinance constitutes a crime, and handed over to judicial organs for criminal responsibility according to law.

Interpret the 27th article of the approach by the people's Bank of China, the General Administration of customs. 28th article of the rules take effect on April 1, 2015.