Article 11 The stockbreeding and veterinary administrative department of the People's Government at its province, autonomous region, or municipality directly under the Central Government shall finish the examination and verification within 20 working days upon receipt of the application on import, export or foreign-related cooperative research and utilization of livestock or poultry genetic resource, and submit the examination and verification opinion and application documents to the 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 an application form for those meeting the requirements in Article 4, Article 6 and Article 8 herein within 20 working days upon receipt of the examination and verification opinion and application documents on import, export or external cooperative research and utilization of livestock or poultry genetic resource; for those unqualified, reasons shall be given to the applicant in written form. Where any livestock or poultry genetic resource included 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, the stockbreeding and veterinary administrative department of the State Council shall submit examination and verification opinion and application documents to the National Commission on the Genetic Resource of Animal and Poultry for evaluation or review within three working days upon receipt of the examination and verification opinion and application documents, while the evaluation or review time is not included in the examination and approval period.

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

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

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

Article 16 In the course of foreign-related cooperative research and utilization, if there is any change to the purpose and scope of research, cooperation period, intellectual property ownership, research results sharing plan or benefit sharing plan for countries concerned, the 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 again in accordance with the 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 check and determine on such aspects of imported livestock or poultry genetic resource as production performance, health status, adaptability and influence on eco-environment and local livestock or poultry genetic resource, and timely submit findings to the stockbreeding and veterinary administrative department of the State Council.

If it is found that any imported livestock or poultry genetic resource does or may harm domestic livestock or poultry genetic resource, the 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 and utilization of livestock or poultry genetic resource to the 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 December 31, and the 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 the status of cooperative research and utilization, and submit them to the stockbreeding and veterinary administrative department of the State Council for filing.

Article 19 Any person having conflict of interest with an entity engaging in livestock or poultry genetic resource import and export and foreign-related cooperative research and utilization, or with any foreign institution or individual shall not participate in the evaluation and review of the applications concerned, or the appraisal and evaluation of imported livestock or poultry genetic resource.

Article 20 Any entity or individual shall not transfer to any foreign institution or individual information of Chinese 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 the permission of the stockbreeding and veterinary administrative department of the State Council.

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

Article 22 In accordance with the provisions herein, where any expert involved in the evaluation, review or examination or determination seeks gains or benefits from others by taking advantage of his or her position or issues false opinions, the illegal income shall be seized and the expert shall be punished by law; if a crime is committed, criminal liabilities shall be affixed under the law.

Article 23 For any entity applying to import livestock or poultry genetic resource, export or research and utilization of livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual, if the entity conceals relevant conditions or provides false documents, the 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 accept similar application of the entity within three years.

Article 24 For any entity gaining the approval to import livestock or poultry genetic resource from abroad, export or research and utilization of livestock or poultry genetic resource included in the protection list within China in cooperation with any foreign institution or individual, if the entity uses illegal means such as fraud and bribery, the 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 accept similar application from the entity within 10 years; if a crime is committed, criminal liabilities shall be affixed 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 the 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 affixed 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 affixed 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 the stockbreeding and veterinary administrative department of the People's Government in 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 the secrecy provisions of the state, legal responsibilities shall be affixed 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 on October 1, 2008.

Source: www.fdi.gov.cn