中华人民共和国金银管理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON THE CONTROL OF GOLD AND SILVER

　　Article 23 Self-employed silversmiths in border areas inhabited by minority nationalities and in coastal areas with a concentration of relatives of overseas Chinese， may engage in processing and repairing gold and silver articles for clients upon the approval of the People's Bank of China at the county level or above and of the administration for industry and commerce， but are not allowed to purchase or sell gold and silver articles.

　　Article 24 The State allows individuals to send gold and silver jewellery by post， and specific measures for control thereof shall be worked out by the People's Bank of China in conjunction with the Ministry of Post and Telecommunications.

　　Chapter V Control of Gold and Silver Taken into or out of the Territory of China

　　Article 25 There is no limit to the quantity of gold and silver to be brought into the People's Republic of China. However， this must be declared at the Customs of the People's Republic of China at the port of entry.

　　Article 26 Gold and silver taken or retaken out of China shall be inspected and released by the Customs of the People's Republic of China according to the quantity specified in the certificate issued by the People's Bank of China or the declaration form at the time of entry； it may not be taken out if no certificate is produced or if the amount exceeds that specified in the declaration form at the time of entry.

　　Article 27 Gold and silver jewellery （including inlaid jewellery handicraft and art products and vessels） to be carried out of China by tourists shall be inspected and released by the Customs of the People's Republic of China against the special invoices issued by the domestic units dealing in gold and silver articles. Without such invoices， the articles may not be taken out of China.

　　Article 28 When Chinese citizens， foreign nationals or stateless persons wish to leave the People's Republic of China to immigrate abroad， they may each carry out up to 1 liang （31.25 grams） in gold jewellery， 10 liang （312.50 grams） in silver jewellery and 20 liang （625 grams） in silver vessels.

　

　Items not exceeding these limits shall be allowed to be carried out upon inspection by the Customs of the People's Republic of China.

　　Article 29 There is no limit to the quantity of gold and silver to be imported as raw materials by foreign-capital enterprises and Chinese-foreign equity joint ventures in the People's Republic of China. Export products containing a high percentage of gold and silver shall be released upon verification and approval by the People's Bank of China. Items not verified and approved or in excess of the approved amount shall not be exported.

　　Chapter VI Rewards and Penalties

　　Article 30 Units or individuals who make the following contributions shall be commended or given appropriate material rewards by the State：

　　（1） those who have made marked successes in recovering or controlling gold and silver in strict implementation of the State policies and decrees concerning gold and silver；

　　（2） those who have had outstanding performance in the protection of gold and silver for the State in the struggle against violations of law and criminal acts such as smuggling and speculation；

　　（3） those who have promptly reported or handed over to the responsible organ upon discovery of unearthed gold and silver without legal owner， thus rendering a service to the state； and

　　（4） those who have donated to the State their personal gold and silver collections.

　　Article 31 The following acts in violation of these Regulations shall be subject to penalty imposed， in accordance with the severity of the case， by the People's Bank of China， or by the administrative department for industry and commerce， or by the Customs， according to their respective terms of reference：

　　（1） If gold and silver have been purchased， sold， exchanged or retained without authorization in violation of Articles 8， 9， 10， and 11 of these Regulations， the People's Bank of China or the administrative department for industry and commerce shall resort to compulsory purchase or devalued purchase. In cases of serious violation， the administrative department for industry and commerce may impose fines in addition， or simply confiscate the gold and silver in question.

　　In cases of violation of Articles 8， 9， 10， and 11 of these Regulations， the administrative department for industry and commerce may revoke violators' business licences in addition.

　　（2） If unearthed gold and silver objects without legal owners have been melted down， destroyed or held in possession in violation of Article 13 of these Regulations， the People's Bank of China shall recover the unearthed objects or the administrative department for industry and commerce shall impose fines.

　　（3） If the intended use of gold and silver is altered， or gold and silver used as raw materials are transferred without authorization in violation of Article 17 of these Regulations， the People's Bank of China shall either issue a warning or recover the gold and silver allocated. In cases of serious violation， fines shall be imposed or even supplies suspended.

　　（4） For such acts as dealing in gold and silver without authorization， altering the scope of business without authorization， illegally purchasing or using gold and silver for other purpose， or embezzling gold and silver， in violation of Articles 19， 20， 21， 22 and 23 of these Regulations， the administrative department for industry and commerce shall impose fines or confiscate the goods. In cases of serious violation， business licenses may be revoked in addition and suspension of business operations be ordered.

　　（5） If gold and silver are used to calculate prices， bought or sold privately， or used as a means of a mortgage in respect of borrowing and lending in violation of Article 7 of these Regulations， the People's Bank of China or the administrative department for industry and commerce shall purchase such gold and silver compulsor

ily or at devalued prices. In cases of serious violation， the administrative department for industry and commerce may impose fines or confiscate the gold and silver in question.

　　（6） If the provisions in Chapter V of these Regulations concerning the gold and silver taken into or out of China are violated or various means are used to smuggle gold and silver out of China， the Customs shall deal with such cases in accordance with these Regulations and the Customs law and regulations.

　　（7） If the provisions of Article 14 of these Regulations are violated， the People's Bank of China shall purchase the gold and silver in question. The administrative liability of those directly responsible shall be investigated by the relevant units.

　　Article 32 If violations of these Regulations constitute crimes， the judicial organs shall investigate the criminal responsibilities according to law.

　　Chapter VII Supplementary Provisions

　　Article 33 The rules for implementation of these Regulations shall be formulated by the People's Bank of China in conjunction with the relevant departments under the State Council.

　　Article 34 If modified regulations are required for gold and silver control in border areas inhabited by minority nationalities， the people's governments of the provinces and autonomous regions concerned shall formulate them in conjunction with the People's Bank of China in accordance with these Regulations.

　　Article 35 These Regulations shall go into effect as of the date of promulgation. Measures of gold and silver control previously formulated by the related departments thus are hereby nullified

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