国办发（1994）73号
（June 1， 1994 ）
颁布日期：19940601 实施日期：19940601 颁布单位：国务院办公厅
In order to strengthen the administration of gold products and ensure fulfillment of the demands of national economic construction for gold， the ``Regulations of the People's Republic of China on the Administration of Gold and Silver'' （hereinafter referred to as ``the Regulations''） stipulate1 that the state practices the policy of the unified2 administration， unified purchase and distribution of gold. All gold receipts and expenditures3 of the government agencies， the army units， public organizations， schools and state-owned enterprises and institutions， as well as collective economic organizations in both urban and rural areas within the territory of the country must be brought into the national plan for gold revenue and expenditures； and all gold shall be purchased and distributed by the People's Bank of China in a unified manner. However， for a period of time， a number of unauthorized gold markets have emerged one after the other in various localities， and various enterprises and individuals have， in violation4 of the provisions of the Regulations， purchased and sold gold without authorization5 and unlawfully produced， wholesaled7 and retailed9 gold and gold products， thereby10 creating disorder11 in the administration of gold and silver， seriously interfering12 with the state's normal purchase and distribution process of gold， and eventually resulting in a sharp decline in the volume of gold purchased by the state. The situation concerning the purchase of gold has improved to some extent following state adjustments to the purchase price of gold in September 1993. However， unauthorized gold markets in various localities have not previously13 been banned entirely14 and the problem of illegal exchanges remains15 serious. Therefore， this Circular is hereby published with the approval of the State Council in order to thoroughly16 ban the unauthorized gold markets， return order to the production and exchange of gold， and strengthen administration of gold products.
1. Local people's governments at various levels and relevant departments and organizations shall continue to strictly17 implement18 the provisions of the Regulations， and adopt resolute19 measures to prohibit illegal exchanges of gold， and prevent smuggling20 and trafficking in the products. Without the explicit21 approval of the People's Bank of China， no locality， department， organization or individual may purchase gold on their own authority， or engage in the production， whole sale， processing or retail8 of gold. The governments of provinces， autonomous22 regions and municipalities directly under the Central Government shall immediately organize banks， the administrative23 departments of industry and commerce， public security， customs， gold industry and administrative departments of gold ornaments24 production to adopt effective measures to tackle the problems in a comprehensive way. By strengthening inspections25 and dealing26 severely27 with cases involving illegal purchases and sales of gold products by gold producing enterprises， and by strengthening supervision28 and investigation29 in strict accordance with laws and regulations， unauthorized markets for the exchange of gold， both existing markets and those being established in various localities shall be resolutely30 banned no later than the end of June 1994. With regard to areas where illegal gold exchange markets still exist by July 1 due to the lack of firm attitude and effective implementation31， relevant persons and the principal responsible comrades of the local government shall be investigated for responsibilities according to law.
2. The Ministry32 of Metallurgical Industry and departments responsible for administration of the gold industry shall strengthen administration of the production and sale of gold. The enterprises engaged in the production of gold must sell their entire gold output to the People's Bank， and shall not engage in illegal exchanges， or retain any portion of the production for private use， and shall not have the gold in portions sold by individuals for tax evasion33 and default on obligations to repay loans. Violators shall be subject to punishment according to the Regulations， and the principal responsible comrades of the local department responsible for administration of the gold industry and of the production enterprise shall be investigated for responsibilities according to law， and violators of law shall be subject to severe punishment according to law. In accordance with the provisions， the gold production enterprises shall report to departments in charge on gold production and sales. In cases when the sales volume of an enterprise is obviously below the output， in accordance with the severity of the case， special loans for gold and silver， as well as circulating funds granted to the enterprise may be halted， and the favorable policy for either a reduction or exemption34 of tax shall be withdrawn35. At the beginning of each year， the Ministry of Metallurgical Industry and the China National Nonferrous Metals Industrial Corporation shall submit a report to the State Council indicating the previous year's production and sales volumes of the enterprises attached to their respective systems.
3. In an effort to conscientiously36 implement the spirit of the “Circular of the State Council Regarding Implementation of Protective Exploitation of Gold Mines”， all gold mining operations by individuals or unlawful mining without a required certificate shall be strictly prohibited， and in addition， smelting37， processing gold and selling gold nuggets by individuals are strictly prohibited. In cases when relevant departments confirm that mechanized mining of fragmentary gold deposits in remote boarder areas is impracticable， local people's governments may， in accordance with approval procedures， organize manpower to engage in collective mining， with total gold output sold to the People's Bank.
4. Production and management units of gold ornaments planning to bring substantial quantities of gold to another province must obtain the approval of the local provincial38 branch of the People's Bank of China in the respective province， autonomous region or municipality directly under the Central Government， and air， railway and transportation departments will release the gold upon examining approval documents issued by the People's Bank； and in case of substantial quantities of gold ornaments， air， railway and transportation departments shall release the shipments of gold ornaments upon examining a copy of the management certificates of fixed39 enterprises， and a letter of introduction issued by the relevant unit. Relevant departments shall deal with those who fail to present valid40 certificates by applying mutatis mutandis relevant provisions concerning the forfeit41 of contraband42.
The state administers the production， processing， wholesaling43， and retailing44 of the gold ornaments through fixed units. Said fixed units shall be managed strictly in accordance with the scope of business approved. Gold materials required for production shall be applied45 for in line with the system and shall be distributed according to localities， and shall be purchased by the enterprises from the People's Bank， with all illegal exchanges strictly prohibited. Gold ornaments production and management units established without the approval of the People's Bank shall be immediately disbanded.
5. Departments in charge of public security， procuratorate， industry and commerce， and customs shall strengthen the investigation and adjudication of cases related to illegal purchases， fraudulent buying and selling and the smuggling of gold， and in accordance with the spirit of the “Circular of the Supreme46 People's Court， Supreme People's Procuratorate， Ministry of Public Security and the Ministry of Justice Regarding the Institution of a Severe Crack Down on Criminal Activities Related to Sales and Smuggling of Gold”， shall crack down with severity on criminal activities related to sales and smuggling of gold. Cases involving an accumulated volume of 50 grams of seized gold may be regarded as a major case. All gold recovered shall be sold to local people's banks. The local people's governments shall ensure the allocation of funds necessary to cover expenses law-enforcing departments accrue47 for adjudicating cases， and units and individuals determined48 to have made outstanding contributions in the course of handling cases shall be rewarded.
6. Duty-free stores throughout the country which have been approved for concurrent49 management of retailing gold and silver ornaments shall limit their sales to persons holding foreign passports， certificates for overseas Chinese visiting their hometowns and resident's cards issued to staff members working abroad and with the payment made in foreign currency for all purchases. The management of gold and silver in bonded50 areas shall still be administered by functional51 departments in accordance with existing administrative procedures and regulations. Gold and silver products manufactured and managed by related processing enterprises and managing units of gold and silver ornaments in bonded areas shall in principle be exported， and shall not be sold to non-bonded areas， （including wholesale6 and retail）。Under special circumstances where gold and silver products are needed to sell to non-bonded areas， that shall be regarded as imports and， according to relevant provisions of the state， import formalities shall be completed and duties and taxes shall be levied52 accordingly.
7. Dealings in gold futures53 are strictly prohibited and the establishment of markets for gold futures in various forms is strictly prohibited.
8. People's banks at various levels shall conscientiously strengthen activities related to gold purchases and shall make timely adjustments in the gold purchasing and selling prices in accordance with fluctuations54 in gold prices and related circumstances in the international markets. The banks shall work out elaborate purchase plans， reform purchase methods， raise their business levels and provide convenience for enterprises to sell gold.
Various regions and relevant departments shall maintain an overall view of the situation and conscientiously carry out the requirements in this Circular. Relevant departments of the State Council shall organize personnel to visit various principal gold producing provinces to undertake investigations55 and research， assist in resolving lingering problems， and provide the State Council with a timely summary of their findings.
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