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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FUNCTIONS AND DUTIES CHAPTER III MEMBERS CHAPTER IV ORGANIZATION CHAPTER V FINANCE CHAPTER VI REGIONAL AND INDUSTRIAL ORGANIZATIONS FOR THE PROMOTION OF INTERNATIONAL TRADE CHAPTER VII ARBITRATION AND MEDIATION ORGANS CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Organization is named as China Council for the Promotion of International Trade, which is abbreviated as CCPIT for short, and is named as China Chamber of International Commerce (CCOIC) as well in English. Article 2. The CCPIT is a national non-governmental organization of foreign trade and economic cooperation as composed of representative personage, enterprises and groups within the foreign economic and trade sector of China. Article 3. The tenet of the CCPIT is that, the CCPIT shall, according to the laws, regulations and policies of the People's Republic of China and by referring to international conventions, carry out the relevant activities to promote the trade, investment and economic and technical cooperation between China and other countries and regions all around the world and to promote the mutual understanding and friendship between the Chinese people and the people of other countries and regions all around the world as well as their economic and trade sectors. Article 4. The CCPIT is a legal person, which may conclude agreements, protocols and any other documents on the promotion of trade, investment and economic and technical cooperation with the relevant organizations and institutions of all countries and regions as well as international organizations. Article 5. The CCPIT is domiciled in Beijing. Article 6. The CCPIT may establish regional organizations for the promotion of international trade in an administrative region at or above the county level and establish industrial organizations for the promotion of international trade within the relevant sectors in China. The CCPIT shall offer guidance for and conduct coordination among the regional and industrial organizations for the promotion of international trade. CHAPTER II FUNCTIONS AND DUTIES Article 7. The functions and duties of the CCPIT are: (1) inviting and receiving the visits of personage and delegations from foreign economic and trade sectors; organizing the visits and observation abroad of the CCPIT delegations; conducting exchange and cooperation with the relevant international organizations, regional organizations and foreign organizations for the promotion of international trade as well as foreign chambers of commerce; joining the relevant international organizations and taking part in the activities thereof; organizing, attending or holding together with its counterpart organizations abroad the relevant international conferences on economic, trade and technical cooperation as well as concerning the relevant legal issues; taking charge of the liaison with the representative offices of its foreign counterparts in China as well as foreign chambers of commerce in China; promoting the establishment of a business association of Chinese-funded enterprises abroad; and establishing its overseas representative offices and dispatching its representatives abroad; (2) Promoting the economic and trade exchanges between the Mainland and Hong Kong SAR and Macao SAR as well as between the Mainland and Taiwan region and facilitating the exchange and cooperation in the business circles between the Mainland and Hong Kong SAR and Macao SAR as well as Taiwan region; (3) Conducting examination and approval as well as administration, according to the authorization of the State Council, over the overseas economic and trade exhibitions as held by regions and entities; taking part in the activities of the Bureau of International Exposition on the behalf of China and taking charge of the organization, coordination, supervision and administration relating to China's participation in the relevant activities as hosted by the Bureau of International Exposition and the World Exposition; holding Chinese trade exhibitions abroad as well as participating in the international trade exhibitions and expositions; holding the economic and trade exhibitions and expositions within the territory of China; and conducting examination and approval of the foreign economic and technical exhibitions as held by the organizations under the CCPIT within the territory of China; (4) Collecting, straightening out, delivering and publicizing the relevant economic and trade information; undertaking the appraisal and feasibility researches on Sino-foreign projects of economic and technical cooperation; contacting the relevant parties and organizing the economic and trade talks as well as technical exchanges; providing the economic and trade information as well as such services as consulting and credit investigation to the relevant enterprises and organizations both at home and abroad; and editing and publishing the relevant newspapers, periodicals, electronic publications and other publications; (5) Providing services for its member enterprises and other enterprises; reporting the relevant situation of and opinions from enterprises to the relevant departments of the government; studying the relevant issues in the economic and trade field and offering reference to enterprises; coordinating in the China-related business of the International Chamber of Commerce (ICC) as well as the relevant intercourse between the ICC China and the ICC; (6) Handling the economic and trade arbitrations, maritime arbitrations and mediations, resolving, by means of arbitration and mediation, all economic and trade disputes and maritime disputes, issuing upon verification the certification on non-preferential origins and producing the certification on force majeure; handling, as an agency, the consular legalization for foreign trade documents, conducting attestation on the commercial bills in foreign trade and producing the International Business Affairs Certificates; taking charge of issuing the certificates of and providing guaranty for the ATA of those goods whose import and export are temporarily permitted; accepting the adjustment for general average losses and particular average losses; conducting the relevant legal researches in the civil and commercial field and the maritime field both at home and abroad as well as on the solution of the relevant disputes concerned and providing the relevant legal consulting and advising services, etc.; (7) Acting, as an agency, for Chinese enterprises and individuals both at home and abroad or for foreign enterprises and individuals in China in applying for patents or for registration of trademarks, providing such legal services as IPR consulting and dispute resolution and carrying out technical trade, etc.; and (8) Handling any other matter as authorized or delivered by the State Council. CHAPTER III MEMBERS Article 8. The CCPIT members are classified into individual members, enterprise members and group members: (1) Any personage involved in foreign trade and economic cooperation may, upon application and approval, become an individual member of the CCPIT; (2) Any enterprise involved in foreign trade and economic cooperation may, upon application and approval, become an enterprise member of the CCPIT; and (3) Any organization involved in foreign trade and economic cooperation may, upon application and approval, become a group member of the CCPIT. Article 9. A member of a regional or industrial organization for the promotion of international trade may become a member of the CCPIT. Article 10. A member of the CCPIT may enjoy the following rights: (1) Having a right of voting, electing and being elected; (2) Raising suggestions on the work of the CCPIT as well as conducting supervision; (3) Participating in the relevant activities as held by the CCPIT; and (4) Having the priorities to receiving the services as provided by the CCPIT. Article 11. A member of the CCPIT shall bear the following obligations: (1) Abiding by the Constitution of the CCPIT; (2) Supporting and assuming the work as entrusted by the CCPIT; and (3) Paying fees for membership (an individual member of the CCPIT is exempted from any fee of membership). CHAPTER IV ORGANIZATION Article 12. The authorization organ of the CCPIT is its general assembly of representatives of its members (hereinafter referred to as the general assembly), the permanent organ of which is its Committee as elected by the general assembly. Article 13. The general assembly shall be held once every 5 years, which shall be convened by the Committee. The Committee may, when believing it requires so, hold a temporary general assembly. A general assembly is effective only on the condition of more than 50% attendance of its representatives. Article 14. The functions and powers of the general assembly of the CCPIT are: (1) deciding work guidelines, tasks and planning; (2) deliberating and making resolutions on the work report of the Committee; (3) deciding the relevant important matters; (4) formulating and revising the Constitution of the CCPIT; and (5) Electing the Committee. Article 15. The term of office of the Committee is 5 years. The Committee shall hold at least 1 meeting each year, which is effective only on the condition of more than 50% attendance of its commissioners. Article 16. The functions and duties of the Committee are: (1) executing the resolutions as adopted by the general assembly and reporting its work to it; (2) recommending the Honorary President of the CCPIT; (3) electing the President and Vice Presidents of the CCPIT; (4) employing special consultants; (5) deliberating and approving the work report as made by the President; (6) examining and deciding the annual financial plans as well as final accounts of budgetary revenue and expenditure; (7) Determining the allocation, alteration and cancellation of work organs; (8) Guiding and coordinating in the work of regional and industrial organizations for the promotion of international trade; (9) Determining the admission of members as well as withdrawal of the qualification for membership; and (10) Holding a routine or temporary general assembly. Article 17. The President shall preside over the daily work of the CCPITCCPIT by holding the Committee's meeting, undertaking leadership within the CCPITCCPIT and concluding the relevant agreements and documents on behalf of the CCPITCCPIT. The Vice Presidents shall assist the President in work. In the case of vacancy of President or where the President fails to perform his functions and powers for any reason, one of the Vice Presidents shall exercise the powers on his behalf. The tenure for a President or for Vice Presidents is 5 years. CHAPTER V FINANCE Article 18. The CCPIT shall have financial independency by holding its own assets. According to the development of business, the CCPIT may establish an enterprise or public institution with independent accounting as well as the qualification of a legal person. Article 19. The CCPIT's sources of funds are: (1) Fees of membership; (2) Incomes as generated from the provision of services; (3) Donations; (4) Governmental subsidies; and (5) Others. Article 20. The CCPIT's annual accounting year spans from January 1 to December 31. CHAPTER VI REGIONAL AND INDUSTRIAL ORGANIZATIONS FOR THE PROMOTION OF INTERNATIONAL TRADE Article 21. A regional or industrial organization for the promotion of international trade is, each, a non-governmental organization of foreign trade and economic cooperation as composed of representative personage, enterprises and groups at the locality and within the sector. Article 22. The tenet of a regional or industrial organization for the promotion of international trade is that, it shall carry out the relevant activities to promote the trade, investment and economic and technical cooperation between the region/industry and other countries and regions all around the world and to promote the mutual understanding and friendship between the Chinese people and the people of the other countries and regions all around the world as well as their economic and trade sectors. Article 23. A regional or industrial organization for the promotion of international trade is a legal person, which may, according to the provisions of the present Constitution, carry out the business operation independently and conclude with foreign parties the relevant agreements, protocols and any other documents on the promotion of foreign trade and economic cooperation. Article 24. A regional or industrial organization for the promotion of international trade shall have its own financial planning and may acquire properties and assume the relevant obligations in its own name. According to the development of business, a regional or industrial organization for the promotion of international trade may establish an enterprise or public institution with independent accounting as well as the qualification of a legal person. CHAPTER VII ARBITRATION AND MEDIATION ORGANS Article 25. China International Economic and Trade Arbitration Commission is established within the CCPIT, which shall accept the cases involving economic and trade arbitration. Article 26. China Maritime Arbitration Commission is established within the CCPIT, which shall accept the cases involving maritime arbitration. Article 27. The Mediation Center is established within the CCPIT, which shall accept the cases involving civil, commercial and maritime arbitration. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 28. According to the real situation, any other organ may be established within the CCPIT. Article 29. The CCPIT may confer a title of "Honored Member of the CCPIT" to any personage within a foreign economic and trade sector who has been devoted to promoting the Sino-foreign trade as well as economic and technical cooperation for a long time and the President of the CCPIT shall sign and issue a certificate thereto. Article 30. The present Constitution has been adopted upon deliberation at the 4th general assembly of representatives of the CCPIT members and shall come into force as of May 15, 2002. |
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