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Government Documents
Government Documents
UPDATED: February 2, 2010 NO. 5 FEBRUARY 4, 2010
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
Promulgated by the State Council of the People's Republic of China on August 28, 2008, and effective on October 1, 2008
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Article 1 For the purpose of strengthening the administration of the entry and exit as well as 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 the 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, or 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 the Stock-breeding Law of the People's Republic of China, and go through the procedures for examination and approval in accordance with the provisions herein.

Article 3 The "livestock and poultry" 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 the Stock-breeding Law of the People's Republic of China.

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

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

(1) Have clear purpose and reasonable usage for the import;

(2) Conform to the plan for the protection and utilization of livestock or poultry genetic resource;

(3) The imported livestock or poultry genetic resources is from non-epizootic areas; and

(4) Comply with relevant provisions on entry and exit animal and plant quarantine as well as the safety of genetically modified agricultural organisms, and not threaten any domestic livestock or poultry genetic resource or eco-environmental safety.

Article 5 Where any entity plans to import livestock or poultry genetic resource from abroad, it shall apply to the stockbreeding and veterinary administrative department of the People's Government in its province, autonomous region or municipality directly under the Central Government, and submit sales contract or donation agreement regarding livestock or poultry genetic resource.

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

(1) Production and business license for breeding livestock and poultry;

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

(3) First-time importers should simultaneously submit documents concerning the place of origin, distribution, breeding process, bionomics features, reproductive performance and main genetic defect and special diseases of the livestock or poultry genetic resource.

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

(1) Be clear about what the exports will be used for;

(2) Conform to the plan for the protection and utilization of the livestock or poultry genetic resource;

(3) Not threaten domestic stockbreeding and export of livestock and poultry products; and

(4) Have reasonable benefit sharing plan for countries concerned.

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

(1) Sales contract or donation agreement regarding livestock or poultry resource; and

(2) Benefit sharing plan for countries concerned signed with an 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) Be clear about the specific purpose and scope of research as well as the cooperation period;

(2) Conform to the plan for the protection and utilization of livestock or poultry genetic resource;

(3) Be clear about the ownership of intellectual property and have reasonable sharing plan for research results;

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

(5) Have reasonable benefit sharing 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 with legal person status.

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 the stockbreeding and veterinary administrative department of the People's Government at its province, autonomous region or municipality directly under the Central Government and submit the following documents:

(1) Feasibility study report;

(2) Cooperative research contract; and

(3) Benefit sharing plan for countries concerned signed with an external cooperator.

Article 10 Any entity is forbidden to export, or research and utilize within China in cooperation with any foreign institution or individual, unique, newly discovered and unverified Chinese livestock or poultry genetic resources, or other livestock or poultry genetic resources banned by stockbreeding and veterinary administrative department of the State Council.

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