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Measures of the People’s Republic of China for the Examination and Approval of the Entry and Exit As Well As Foreign-Related Cooperative Research and Utilization of Livestock and Poultry Genetic Resources
Promulgation Date:2008-08-28  Promulgation Number:Decree of the State Council of the People’s Republic of ChinaNo. 533  Promulgation Department:The State Council of the People’s Republic of China

Decree of the State Council of the People’s Republic of China

No. 533

The Measures of the People’s Republic of China for the Examination and Approval of the Entry and Exit As Well As Foreign-Related Cooperative Research and Utilization of Livestock and Poultry Genetic Resources, which was passed in the 23rd standing meeting of the State Council on August 20, 2008, are hereby promulgated, which shall enter into force as of October 1, 2008.

Primer Minister Wen Jiabao

August 28, 2008

Measures of the People’s Republic of China for the Examination and Approval of the Entry and Exit As Well As Foreign-Related Cooperative Research and Utilization of Livestock and Poultry Genetic Resources

Article 1 For the purpose of strengthening the administration of the entry and exit as well as the foreign-related cooperative research and utilization of livestock and poultry genetic resources, protecting and reasonably utilizing livestock and poultry genetic resources, preventing livestock and poultry genetic resources from draining off, and promoting sustained and sound development of stockbreeding, the Measures are hereby formulated in accordance with Stock-Breeding Law of the People’s Republic of China.

Article 2 Where a livestock or poultry genetic resource is to be imported from abroad, any livestock or poultry genetic resource included in the protection list is to be exported from China or is to be researched and utilized within China in cooperation with any foreign institution or individual, the applicant shall observe Stock-breeding Law of the People’s Republic of China, and go through the procedures for examination and approval in accordance with provisions herein.

Article 3 The “livestock and poultry” as mentioned in the Measures refers to those included in the list of genetic resources of livestock and poultry that shall be announced in accordance with Article 11 of Stock-breeding Law of the People’s Republic of China.

The “livestock or poultry genetic resource” as mentioned in the Measures refers to genetic stocks including livestock or poultry and its ovum (egg), embryo, semen and genetic materials.

Article 4 The following requirements shall be satisfied for importing a livestock or poultry genetic resource from abroad:

(1) Specific purpose of importing and reasonable use;

(2) Conforming to protection, utilization and plan for livestock or poultry genetic resource;

(3) Imported livestock or poultry genetic resource from non-epizootic; and

(4) Complying with relevant provisions for entry and exit of animal and plant quarantine as well as safety of agricultural genetically modified organisms and not threatening domestic livestock or poultry genetic resource and eco-environmental safety.

Article 5 Where any entity plans to import livestock or poultry genetic resource from abroad, it shall make an application to stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous region and municipality directly under the Central Government, and submit contract of sales or gift agreement of livestock or poultry genetic resource.

Where any entity imports breeding livestock or poultry genetic resource, it shall submit the following documents:

(1) Production business certificate of sire and breeding poultry;

(2) Pedigree of sire or generation-order certificate of breeding poultry issued by statutory agencies of livestock or poultry genetic resource exporting countries or regions; and

(3) Documents concerning place of origin, distribution, breeding process, bionomics features, reproductive performance and main genetic defect and special diseases in the group of livestock or poultry genetic resource, simultaneously submitted for any entity engaging in importing for the first time.

Article 6 Where any livestock or poultry genetic resource included in the protection list is to exported to abroad, the applicant shall meet the requirements as follows:

(1) Clear use;

(2) Conforming to protection, utilization and plan for livestock or poultry genetic resource;

(3) Not threatening domestic production in livestock husbandry and export of livestock and poultry products; and

(4) Reasonable sharing beneficial plan for countries concerned.

Article 7 Where any entity plans to export to abroad livestock or poultry genetic resource included in the protection list, it shall apply to stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous region and municipality directly under the Central Government and submit documents as follows:

(1) Contract of sales or gift agreement of livestock or poultry resource; and

(2) Sharing beneficial plan for countries concerned signed with external importer.

Article 8 Where any livestock or poultry genetic resource included in the protection list is to be researched and utilized within China in cooperation with any foreign institution or individual, the applicant shall meet the following requirements:

(1) Specific purpose and scope of research as well as cooperation period;

(2) Conforming to protection, utilization and plan for livestock or poultry genetic resource;

(3) Specific affiliation of intellectual property and reasonable sharing plan for research results;

(4) Not threatening domestic livestock or poultry genetic resource and eco-environmental safety; and

(5) Reasonable sharing beneficial plan for countries concerned.

Any entity engaging in researching and utilizing livestock or poultry genetic resource within China in cooperation with any foreign institution or individual shall be Chinese education and scientific research organization or wholly Chinese-owned enterprise gaining legal personality by law.

Article 9 Where any entity plans to engage in researching and utilizing livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual, it shall apply to stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous region, municipality directly under the Central Government and submit the following documents:

(1) Report for feasibility study;

(2) Contract of cooperative research; and

(3) Sharing beneficial plan for countries concerned signed with external cooperator.

Article 10 It is forbidden for any entity to engage in exporting to abroad, researching and utilizing unique, newly discovered and unverified Chinese livestock or poultry genetic resources as well as other livestock or poultry genetic resources banned by stockbreeding and veterinary administrative department of the State Council within China in cooperation with any foreign institution or individual. 

Article 11 Stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous region, and municipality directly under the Central Government shall finish the examination and verification work within 20 working days upon receipt of application on import, export or external cooperative research utilization of livestock or poultry genetic resource, and submit examination and verification opinion and application documents to stockbreeding and veterinary administrative department of the State Council for examination and approval.

Article 12 The stockbreeding and veterinary administrative department of the State Council shall officially sign and issue application form within 20 working days for those qualified for provisions in Article 4, Article 6 and Article 8 upon receipt of examination and verification opinion and application documents on import, export or external cooperative research utilization of livestock or poultry genetic resource; for those unqualified, reasons shall be given to the applicant in written form. Among them, where any livestock or poultry genetic resource include in the protection list is to be exported or researched and utilized within China in cooperation with any foreign institution or individual, or any livestock or poultry genetic resource is imported for the first time, stockbreeding and veterinary administrative department of the State Council shall submit examination and verification opinion and application documents to National Commission on the Genetic Resource of Animal and Poultry for evaluation or review within 3 working days upon receipt of examination and verification opinion and application documents, and evaluation or review time is not calculated in the examination and approval period.

Article 13 If stockbreeding and veterinary administrative department of the State Council can’t make the decision of examination and approval within 20 working days, the examination and approval can be prolonged for another 10 working days, and the reason for prolonging it shall be given to the applicant.

Article 14 The application form of import and export of livestock or poultry genetic resource is available for 6 months. If the valid period needs extension, the applicant shall apply to the former examination and approval department for extension within 10 working days prior to expiration. The extended period shall not exceed 3 months.

Article 15 Where any entity engages in importing livestock or poultry genetic resource from abroad, or exporting livestock or poultry genetic resource included in the protection list to abroad, it shall go through relevant quarantine measures by application form. China Customs let them pass based on the import and export goods sufferance signed by the port checking officers. Any entity engaging in importing livestock or poultry genetic resource from abroad or exporting livestock or poultry genetic resource included in the protection list to foreign shall submit the actual number of importing or exporting livestock or poultry genetic resource to stockbreeding and veterinary administrative department of the State Council for filing within 10 working days as of the date of Customs clearance, and stockbreeding and veterinary administrative department of the State Council shall regularly copy and submit relevant documents to environmental protection administrative department of the State Council.

Article 16 Where any aspect including purpose and scope of research, cooperation period, affiliation of intellectual property, sharing plan for research results and sharing beneficial plan for countries concerned shall be altered in the course of foreign cooperative research utilization, any entity engaging in researching and utilizing livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual shall go through examination and approval formalities afresh in accordance with original application procedure.

Article 17 The stockbreeding and veterinary administrative department of the People’s Government at the province, autonomous region or municipality directly under the Central Government shall keep track of and evaluate imported livestock or poultry genetic resource, and organize experts to make check and determination on such aspects of imported livestock or poultry genetic resource as production performance, state of health, adaptability and influence on eco-environment and local livestock or poultry genetic resource, and timely submit findings of check and evaluation to stockbreeding and veterinary administrative department of the State Council.

If it is found that imported livestock or poultry genetic resource does or may do harm to domestic livestock or poultry genetic resource, stockbreeding and veterinary administrative department of the State Council shall adopt corresponding safety control measures with relevant administrative departments.

Article 18 Any entity engaging in researching and utilizing livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual shall submit the status of cooperative research utilization of livestock or poultry genetic resource to stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous area or municipality directly under the Central Government prior to every year’s December 31, and stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous area or municipality directly under the Central Government shall put forward the examination and verification opinion on status of cooperative research utilization, and submit them to stockbreeding and veterinary administrative department of the State Council for filing.

Article 19 Any interested entity or person with import and export, foreign cooperative research utilization, any foreign institution or individual of livestock or poultry genetic resource shall not participate in evaluation and review for applications concerned as well as check and determination, and evaluation work of imported livestock or poultry genetic resource.

Article 20 Any entity or individual shall not transfer to any foreign institution or individual Chinese information of livestock or poultry genetic resource including important livestock or poultry genetic genealogy and resource in given regions as well as data, documents and samples without permission of stockbreeding and veterinary administrative department of the State Council.

Article 21 Any staff of stockbreeding and veterinary administrative department neglecting his duty, abusing authority or committing illegalities for personal gains in the process of examination and approval for import, export and foreign cooperative research utilization of livestock or poultry genetic resource shall be given sanctions by law; if a crime is constituted, criminal liabilities shall be investigated under the law.

Article 22 In accordance with provisions herein, where any expert involved in evaluation, review or check and determination gains properties or other benefits using functionary convenience, or issues false opinions, illegal income shall be seized and given sanctions by law; if a crime is constituted, criminal liabilities shall be investigated under the law.

Article 23 Where any entity applying for import of livestock or poultry genetic resource from abroad, export or research utilization of livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual conceals relevant conditions or provides false documents, stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous region, or municipality directly under the Central Government shall release a warning and not receive the similar application of the entity within 3 years.

Article 24 Where any entity gains approval of import of livestock or poultry genetic resource from abroad, export or research utilization of livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual using illegal means including fraud and bribery, stockbreeding and veterinary administrative department of the State Council shall withdraw the approval, seize relevant livestock or poultry genetic resource and illegal income, fine 10,000-50,000 yuan and not receive the similar application of the entity within 10 years; if a crime is constituted, criminal liabilities shall be investigated under the law. 

Article 25 Where any entity imports livestock or poultry genetic resource from abroad without examination and approval, researches and utilizes livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual, or researches and utilizes newly-discovered livestock or poultry genetic resource unverified by National Commission on the Genetic Resource of Animal and Poultry within China in cooperation with any foreign institution or individual without examination and approval, legal responsibilities shall be investigated in accordance with relevant provisions in Stock-breeding Law of the People’s Republic of China.

Article 26 Where any entity exports livestock or poultry genetic resource included in the protection list without examination and approval, legal responsibilities shall be investigated in accordance with relevant provisions in the Customs Law of the People’s Republic of China, and Customs shall transfer detained livestock or poultry genetic resource to stockbreeding and veterinary administrative department of the People’s Government at its province, autonomous area or municipality directly under the Central Government.

Article 27 Where any entity exporting or researching and utilizing livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual violates secrecy provisions of the state, legal responsibilities shall be investigated in accordance with relevant provisions in Law of the People’s Republic of China on Guarding State Secrets.

Article 28 The Measures shall enter into force as of October 1, 2008.

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