Item 4 (c ) (vii) of the provisional agenda
联合国国际货物买卖合同公约中英文对照
联合国国际货物买卖合同公约中英文对照United Nations Convention on Contracts for the International Sale of Goods(1980) [CISG] 《联合国国际物资买卖合同公约》共分为四个部分：（1）适用范畴；（2）合同的成立；（3）物资买卖；（4）最后条款。
全文共101条。
公约的要紧内容包括以下四个方面：1.公约的差不多原则。
建立国际经济新秩序的原则、平等互利原则与兼顾不同社会、经济和法律制度的原则。
这些差不多原则是执行、说明和修订公约的依据，也是处理国际物资买卖关系和进展国际贸易关系的准绳。
2.适用范畴。
第一，公约只适用于国际物资买卖合同，即营业地在不同国家的双方当事人之间所订立的物资买卖合同，但对某些物资的国际买卖不能适用该公约作了明确规定。
第二，公约适用于当事人在缔约国内有营业地的合同，但假如依照适用于“合同”的冲突规范，该“合同”应适用某一缔约国的法律，在这种情形下也应适用“销售合同公约”，而不管合同当事人在该缔约国有无营业所。
对此规定，缔约国在批准或者加入时能够声明保留。
第三，双方当事人能够在合同中明确规定不适用该公约。
（适用范畴不承诺缔约国保留）3.合同的订立。
包括合同的形式和发价（要约）与同意（承诺）的法律效力。
4.买方和卖方的权益义务。
第一，卖方责任要紧表现为三项义务：交付物资；移交一切与物资有关的单据；移转物资的所有权。
第二，买方的责任要紧表现为两项义务：支付物资价款；收取物资。
第三，详细规定卖方和买方违反合同时的补救方法。
第四，规定了风险转移的几种情形。
第五，明确了全然违反合同和预期违反合同的含义以及当这种情形发生时，当事人双方所应履行的义务。
第六，对免责依照的条件作了明确的规定。
补充：CISG 联合国国际物资销售合同公约(the United Nations Convention on Contracts for the International Sale of Goods)。
信用证条款中英文对照
信用证条款中英文对照一、Kinds of L/C 信用证类型1.revocable L/C/irrevocable L/C 可撤销信用证/不可撤销信用证2.confirmed L/C/unconfirmed L/C 保兑信用证/不保兑信用证3.sight L/C/usance L/C 即期信用证/远期信用证4.transferable L/C(or)assignable L/C(or)transmissible L/C /untransferable L/C可转让信用证/不可转让信用证5.divisible L/C/undivisible L/C 可分割信用证/不可分割信用证6.revolving L/C 循环信用证7.L/C with T/T reimbursement clause 带电汇条款信用证8.without recourse L/C/with recourse L/C 无追索权信用证/有追索权信用证9.documentary L/C/clean L/C 跟单信用证/光票信用证10.deferred payment L/C/anticipatory L/C 延期付款信用证/预支信用证11.back to back L/Creciprocal L/C 对背信用证/对开信用证12.traveller's L/C(or:circular L/C) 旅行信用证二、L/C Parties Concerned 有关当事人1.opener 开证人(1)applicant 开证人（申请开证人）(2)principal 开证人（委托开证人）(3)accountee 开证人(4)accreditor 开证人（委托开证人）(5)opener 开证人(6)for account of Messrs 付（某人）帐(7)at the request of Messrs 应（某人）请求(8)on behalf of Messrs 代表某人(9)by order of Messrs 奉（某人）之命(10)by order of and for account of Messrs 奉（某人）之命并付其帐户(11)at the request of and for account of Messrs 应（某人）得要求并付其帐户(12)in accordance with instruction received from accreditors 根据已收到得委托开证人得指示2.beneficiary 受益人(1)beneficiary 受益人(2)in favour of 以（某人）为受益人(3)in one's favour 以……为受益人(4)favouring yourselves 以你本人为受益人3.drawee 付款人（或称受票人，指汇票）(1)to drawn on (or :upon) 以（某人）为付款人(2)to value on 以（某人）为付款人(3)to issued on 以（某人）为付款人4.drawer 出票人5.advising bank 通知行(1)advising bank 通知行(2)the notifying bank 通知行(3)advised through…bank 通过……银行通知(4)advised by airmail/cable through…bank 通过……银行航空信/电通知6.opening bank 开证行(1)opening bank 开证行(2)issuing bank 开证行(3)establishing bank 开证行7.negotiation bank 议付行(1)negotiating bank 议付行(2)negotiation bank 议付行8.paying bank 付款行9.reimbursing bank 偿付行10.the confirming bank 保兑行三、Amount of the L/C 信用证金额1.amount RMB￥… 金额：人民币2.up to an aggregate amount of Hongkong Dollars… 累计金额最高为港币……3.for a sum (or :sums) not exceeding a total of GBP… 总金额不得超过英镑……4.to the extent of HKD… 总金额为港币……5.for the amount of USD… 金额为美元……6.for an amount not exceeding total of JPY… 金额的总数不得超过……日元的限度四、The Stipulations for the shipping Documents 跟单条款1.available against surrender of the following documents bearing our credit number and the full name and address of the opener 凭交出下列注名本证号码和开证人的全称及地址的单据付款2.drafts to be accompanied by the documents marked(×)below 汇票须随附下列注有（×）的单据3.accompanied against to documents hereinafter 随附下列单据4.accompanied by following documents 随附下列单据5.documents required 单据要求6.accompanied by the following documents marked(×)in duplicate 随附下列注有（×）的单据一式两份7.drafts are to be accompanied by… 汇票要随附（指单据）……五、Draft(Bill of Exchange) 汇票1.the kinds of drafts 汇票种类(1)available by drafts at sight 凭即期汇票付款(2)draft(s) to be drawn at 30 days sight 开立30天的期票(3)sight drafs 即期汇票(4)time drafts 原期汇票2.drawn clauses 出票条款（注：即出具汇票的法律依据）(1)all darfts drawn under this credit must contain the clause “Drafts drawn Under Bank of…credit No.…dated…” 本证项下开具的汇票须注明“本汇票系凭……银行……年……月……日第…号信用证下开具”的条款(2)drafts are to be drawn in duplicate to our order bearing the clause “Drawn under United Malayan Banking Corp.Bhd.Irrevocable Letter of Credit No.…dated July 12, 1978” 汇票一式两份，以我行为抬头，并注明“根据马来西亚联合银行1978年7月12日第……号不可撤销信用证项下开立”(3)draft(s) drawn under this credit to be marked：“Drawn under…Bank L/C No.……Dated (issuing date of credit)”根据本证开出得汇票须注明“凭……银行……年……月……日（按开证日期）第……号不可撤销信用证项下开立”(4)drafts in duplicate at sight bearing the clauses“Drawn under…L/C No.…dated…” 即期汇票一式两份，注明“根据……银行信用证……号，日期……开具”(5)draft(s) so drawn must be in scribed with the number and date of this L/C 开具的汇票须注上本证的号码和日期(6)draft(s) bearing the clause：“Drawn under documentary credit No.…(shown above) of…Bank” 汇票注明“根据……银行跟单信用证……号（如上所示）项下开立”六、Invoice 发票1.signed commercial invoice 已签署的商业发票in duplicate 一式两份in triplicate 一式三份in quadruplicate 一式四份in quintuplicate 一式五份in sextuplicate 一式六份in septuplicate 一式七份in octuplicate 一式八份in nonuplicate 一式九份in decuplicate 一式十份2.beneficiary's original signed commercial invoices at least in 8 copies issued in the name of the buyer indicating (showing/evidencing/specifying/declaration of) the merchandise, country of origin and any other relevant information. 以买方的名义开具、注明商品名称、原产国及其他有关资料，并经签署的受益人的商业发票正本至少一式八份3.Signed attested invoice combined with certificate of origin and value in 6 copies as reuired for imports into Nigeria. 以签署的，连同产地证明和货物价值的，输入尼日利亚的联合发票一式六份4.beneficiary must certify on the invoice…have been sent to the accountee 受益人须在发票上证明，已将……寄交开证人5.4% discount should be deducted from total amount of the commercial invoice 商业发票的总金额须扣除4%折扣6.invoice must be sho wed: under A/P No.… date of expiry 19th Jan. 1981 发票须表明：根据第……号购买证，满期日为1981年1月19日7.documents in combined form are not acceptable 不接受联合单据bined invoice is not acceptable 不接受联合发七、Bill of Loading 提单1.full set shipping (company's) clean on board bill(s) of lading marked "Freight Prepaid" to order of shipper endorsed to … Bank, notifying buyers 全套装船（公司的）洁净已装船提单应注明“运费付讫”，作为以装船人指示为抬头、背书给……银行，通知买方2.bills of lading made out in negotiable form 作成可议付形式的提单3.clean shipped on board ocean bills of lading to order and endorsed in blank marked "Freight Prepaid" notify: importer(openers,accountee) 洁净已装船的提单空白抬头并空白背书，注明“运费付讫”，通知进口人（开证人）4.full set of clean "on board" bills of lading/cargo receipt made out to our order/to order and endorsed in blank notify buyers M/S … Co. calling for shipment from China to Hamburg marked "Freight prepaid" / "Freight Payable at Destination" 全套洁净“已装船”提单/货运收据作成以我（行）为抬头/空白抬头，空白背书，通知买方……公司，要求货物字中国运往汉堡，注明“运费付讫”/“运费在目的港付”5.bills of lading issued in the name of… 提单以……为抬头6.bills of lading must be dated not before the date of this credit and not later than Aug. 15, 1977 提单日期不得早于本证的日期，也不得迟于1977年8月15日7.bill of lading marked notify: buyer,“Freight Prepaid”“Liner terms”“received for shipment” B/L not acceptable 提单注明通知买方，“运费预付”按“班轮条件”，“备运提单”不接受8.non-negotiable copy of bills of lading 不可议付的提单副本八、Insurance Policy (or Certificate) 保险单（或凭证）1.Risks & Coverage 险别(1)free from particular average (F.P.A.) 平安险(2)with particular average (W.A.) 水渍险（基本险）(3)all risk 一切险（综合险）(4)total loss only (T.L.O.) 全损险(5)war risk 战争险(6)cargo(extended cover)clauses 货物（扩展）条款(7)additional risk 附加险(8)from warehouse to warehouse clauses 仓至仓条款(9)theft,pilferage and nondelivery (T.P.N.D.) 盗窃提货不着险(10)rain fresh water damage 淡水雨淋险(11)risk of shortage 短量险(12)risk of contamination 沾污险(13)risk of leakage 渗漏险(14)risk of clashing & breakage 碰损破碎险(15)risk of odour 串味险(16)damage caused by sweating and/or heating 受潮受热险(17)hook damage 钩损险(18)loss and/or damage caused by breakage of packing 包装破裂险(19)risk of rusting 锈损险(20)risk of mould 发霉险(21)strike, riots and civel commotion (S.R.C.C.) 罢工、暴动、民变险(22)risk of spontaneous combustion 自燃险(23)deterioration risk 腐烂变质险(24)inherent vice risk 内在缺陷险(25)risk of natural loss or normal loss 途耗或自然损耗险(26)special additional risk 特别附加险(27)failure to delivery 交货不到险(28)import duty 进口关税险(29)on deck 仓面险(30)rejection 拒收险(31)aflatoxin 黄曲霉素险(32)fire risk extension clause-for storage of cargo at destination Hongkong, including Kowloon, or Macao 出口货物到香港（包括九龙在内）或澳门存仓火险责任扩展条款(33)survey in customs risk 海关检验险(34)survey at jetty risk 码头检验险(35)institute war risk 学会战争险(36)overland transportation risks 陆运险(37)overland transportation all risks 陆运综合险(38)air transportation risk 航空运输险(39)air transportation all risk 航空运输综合险(40)air transportation war risk 航空运输战争险(41)parcel post risk 邮包险(42)parcel post all risk 邮包综合险(43)parcel post war risk 邮包战争险(44)investment insurance(political risks) 投资保险（政治风险）(45)property insurance 财产保险(46)erection all risks 安装工程一切险(47)contractors all risks 建筑工程一切险2.the stipulations for insurance 保险条款(1)marine insurance policy 海运保险单(2)specific policy 单独保险单(3)voyage policy 航程保险单(4)time policy 期限保险单(5)floating policy (or open policy) 流动保险单(6)ocean marine cargo clauses 海洋运输货物保险条款(7)ocean marine insurance clauses (frozen products) 海洋运输冷藏货物保险条款(8)ocean marine cargo war clauses 海洋运输货物战争险条款(9)ocean marine insurance clauses (woodoil in bulk) 海洋运输散装桐油保险条款(10)overland transportation insurance clauses (train, trucks) 陆上运输货物保险条款（火车、汽车）(11)overland transportation insurance clauses (frozen products) 陆上运输冷藏货物保险条款(12)air transportation cargo insurance clauses 航空运输货物保险条款(13)air transportation cargo war risk clauses 航空运输货物战争险条款(14)parcel post insurance clauses 邮包保险条款(15)parcel post war risk insurance clauses 邮包战争保险条款(16)livestock & poultry insurance clauses (by sea, land or air)活牲畜、家禽的海上、陆上、航空保险条款(17)…risks clauses of the P.I.C.C. subject to C.I.C.根据中国人民保险公司的保险条款投保……险(18)marine insurance policies or certificates in negotiable form, for 110% full CIF invoice covering the risks of War & W.A. as per the People's Insurance Co. of China dated 1/1/1976. with extended cover up to Kuala Lumpur with claims payable in (at) Kuala Lumpur in the currency of draft (irrespective of percentage) 作为可议付格式的海运保险单或凭证按照到岸价的发票金额110%投保中国人民保险公司1976年1月1日的战争险和基本险，负责到吉隆坡为止。
Section 50C and 56(2)(vii)of the Income Tax Act
With the enactment of the 1961 Act, the said provision found place in Section 52 of the said Act. The scope of that Section was examined and whittled down by the famous decision of the Apex Court in K. P. Varghese’s case 131 ITR 597 (SC) .
6
Implications on satisfaction of aforesaid conditions (Contd...)
If assessee accepts the value assessed (adopted) by the state stamp valuation authority under the stamp duty regulations but disputes it before the AO as being higher than fair market value (FMV) for the purpose of computation of capital gains, then the AO is required to make reference to the valuation officer [VO] (under the Act) Though the word used in Section 50C (2) is “may”, the AO has to refer the valuation of the transferred property to the VO, if the assessee makes request for such valuation or the assessee, in any way, disputes before the AO the value adopted by stamp duty authorities. [Meghraj Baid v ITO, 114 TTJ 841, (ITAT Jodhpur) and M/s Rumans Industrial Chemical Corp. v ACIT, 2009-TIOL-439-ITAT-Mum] If, before the AO, the assessee does not object to the value adopted by the stamp duty authorities or offers no explanation for higher valuation by the stamp duty authorities, then the AO need not make reference to the VO. [Ambattur Clothing Co. Ltd., 221 CTR 196 (Mad); M/s Shah Yarn Private Ltd., 2009-TIOL-414-ITATMad; Dr. V. Ramachandran v Addl. CIT, 2009-TIOL-216-ITAT-Mad and Mohd. Shoib v DCIT, 2009-TIOL205-ITAT-Lucknow] The AO cannot refer valuation of the transferred property to the VO if the consideration shown by the assessee in the sales deed is accepted by the stamp duty authorities. [Punjab Poly Jute Corp. v ACIT, 120 TTJ 1113 (ITAT Amritsar)]
中华人民共和国反倾销条例 中英文对照
第二条进口产品以倾销方式进入中华人民共和国市场，并对已经建立的国内产业造成实质损害或者产生实质损害威胁，或者对建立国内产业造成实质阻碍的，依照本条例的规定进行调查，采取反倾销措施。
Article 2. Where an imported product is dumped into the market of the People's Republic of China and causes material injury or threat of material injury to an established domestic industry, or causes material obstruction to the establishment of such an industry, an anti-dumping investigation shall be initiated and anti-dumping measures applied in accordance with the provisions of these Regulations.
(一)进口产品的同类产品，在出口国(地区)国内市场的正常贸易过程中有可比价格的，以该可比价格为正常价值；
(1) where there is a comparable price for the like product of the imported product in the ordinary course of trade in the domestic market of the exporting country (region), such comparable price shall be the normal value;
The-United-Kingdom-of-Great-Britain-and-Northern-I
3. One of the key issues in late 19th century British politics was a campaign in parliament for what was called “home rule” --Irish political control of Irish affairs.
3) Then it came under threat from Germanic peoples --- the Angles, and the Saxon; king Arthur and his Excalibur; roundtable knights;
4) From the late 8th century on, raiders from Scandinavia, the ferocious Vikings threatened Britain’s shores; King Alfred the great turned in the tide in the south against the Vikings;
5)The next invaders were the Normans, from northern France, who were descendants of Vikings;William the Conqueror in 1066 crossed the English Channel, and became William the First of england; the Tower of London;
6. In 1707 Scotland joined the Union, which was followed by two rebellions in 1715 and 1745, and Scottish highland clan culture was effectively destroyed at this time.
模拟联合国background guide范本1
Enhancing Intellectual Property Rights to Attract Foreign Direct InvestmentIntroductionForeign direct investment (FDI):Foreign direct investment (FDI) is the act of establishing or acquiring a foreign subsidiary over which the investing firm has substantial management control. The location of a Multinational entrepreneur’s (MNE’s) headquarters is called the home or source country, in that the decision to invest is made there, while the location of the subsidiary is called the host or recipient country.FDI is particularly important for host country because it is both a source of capital and a provider of knowledge about production techniques.Foreign direct investment depends on many factors including macroeconomic factors, relative input costs, agglomeration effects, risk factors, and policy variables. Besides, recent studies and experiences tells that in addition to such factors mentioned above, intellectual property protection in host countries has taken on increasing role in attracting foreign direct investment.Intellectual property rights (IPRs):Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property rights (IPRs) are important factors for multinational entrepreneurs (MNEs) on investment decisions because all forms of strong IPRs, such as patents, trademarks, copyrights, and trade secrets, provide protection for exporting firms against local copying of the product.Usually host country applying strong IPRs therefore provide favorable environment for multinational entrepreneurs to increase the market size facing exporters and boost sales. However, relationship between IPRs and FDI are highly debated in the professional field.The global system of intellectual property rights (IPRs) went through profound changes in the late 20th century. Developed countries undertook many approaches to protect their intellectual property. Regional agreements such as the North American Free Trade Agreement and a series of Partnership Agreements under negotiation between the European Union and various Eastern European and Middle Eastern nations pay special attention to it. Globally, the multilateral agreement on trade-related intellectual property rights, or TRIPs, within the World Trade Organization (WTO) played crucial role to expand IPRs to greater significance.The role of intellectual property rights in attracting foreign direct investmentVarious studies give drastically different results on the relationship between IPR and FDI.Two previous studies are more noteworthy. Lee and Mansfield (1996) used survey results to develop an index of perceived weakness of IPRs in destination countries on the part of U.S. firms. They find that weakness of IPRs has a significant negative impact on the location of American FDI. Further, in a sample of chemical firms the proportion of FDI devoted to final production or R&D facilities is negatively and significantly associated with weakness of protection. Overall, empirical evidence indicates that, other things equal, countries with stronger IPRs do attract more imports, though the effect varies across industries (Maskus and Penubarti, 1995). From these results, it appears that both the volume and quality of investment are diminished in countries with limited property rights.However, studies by Teece in 1986 showed that firms would be more likely to engage in FDI in countries with weaker IPRs and contract-enforcement procedures. An implication is that as IPRs in a particular nation become stronger, firms would tend to choose more technology licensing and joint ventures and less FDI. This is the one identifiable theoretical case in which the strength of IPRs would be negatively associated with FDI flows.Delegates should especially note that IPR take on different levels of importance with respect to attracting FDI. Investment in lower technology goods and services, such as textile and apparel, electronic assembly, distribution and hotels usually display little emphasize on IPR requirements during decision making. Investors with a product that is technologically advanced and hard to copy also shows l ittle interest in protection of IPR in host countries. However, companies with easy imitable products and technologies, such as pharmaceuticals, chemicals, food additives, and software are more dependent on the local IPRs system for protection against imitation. Such firms considering investing in local market would pay special attention to local patent protection.Therefore, in theory, considering other factors in making investment decisions, FDI does not necessarily increase with a strengthening of intellectual property rights, but there is emerging empirical evidence in favor of that hypothesis.International frameworks and major actorsThe WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), negotiated in the 1986-94 Uruguay Round, introduced intellectual property rules into the multilateral trading system for the first time. The TRIPS Agreement has an additional important principle: intellectual property protection should contribute to technical innovation and the transfer of technology. Both producers and users should benefit, and economic and social welfare should be enhanced, the agreement says.The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations is dedicated to developing a balanced and accessible international intellectual property system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations.The OECD Guidelines for Multinational Enterprises, which adhering countries are committed to promote, stipulate that enterprises should adopt practices that “permit the transfer and rapid diffusion of technologies and know-how, with due regard to the protection of intellectual property rights”.------ The OECD Declaration and Decisions on International Investment and Multinational Enterprises, Annex I, Section VII.2.The United Nations Conference on Trade and Development (UNCTAD) established the Intellectual Property Programme Division on Investment and Enterprise which seeks to help developing countries participate effectively in international discussions on intellectual property rights and at the national level, to help ensure that their IP policies are consonant with development objectives.Intellectual property rights in a broader contextDespite the narrow focus on IPR to facilitate trade and attract FDI, however, Many analysts claim that strong IPRs play a much larger role in signaling to potential investors that a particular country recognizes and protects the rights of foreign firms to make strategic business decisions with few government impediments (Sherwood, 1990) As intellectual property protection has taken on increasing importance to MNEs, the application of a strong IPRs for governments in emerging markets are regarded as way to achieve better investment friendly environment.This explains why several poor countries with limited technical capabilities unilaterally have strengthened their IPRs laws and enforcement in the 1990s, despite serious questions about the wisdom of doing so. They prefer not to be left behind in the global competition for capital and technology. It also helps explain the universal acceptance of the TRIPs agreement.Enforcing IPRs and dispute solutionsThe agreements and laws are dimmed of their legal significance unless properly enforced. According to TRIPS, “governments have to ensure that intellectual property rights can be enforced under their laws, and that the penalties for infringement are tough enough to deter further violations. The procedures must be fair and equitable, and not unnecessarily complicated or costly. They should not entail unreasonable time-limits or unwarranted delays. People involved should be able to ask a court to review an administrative decision or to appeal a lower court’s ruling.”The TRIPS also describes in detail how enforcement should be handled, including rules for obtaining evidence, provisional measures, injunctions, damages and other penalties. Willful trademark counterfeiting or copyright piracy on a commercial scale should be criminal offences. Governments should make sure that intellectual property rights owners can receive the assistance of customs authorities to prevent imports of counterfeit and pirated goods.The WIPO Arbitration and Mediation Center was established in 1994 to offer Alternative Dispute Resolution (ADR) options, in particular arbitration and mediation, for the resolution of international commercial disputes between private parties. Developed by leading experts in cross-border dispute settlement, the procedures offered by the Center are widely recognized as particularly appropriate for technology, entertainment and other disputes involving intellectual property.Is IPR a way to secure monopoly?The global harmonisation of intellectual property legislation under the World Trade Organization (WTO) has also been criticized, for example by the alter-globalisation movement. It argued that the exclusive rights granted by intellectual property laws are generally negative in nature, and therefore only grant the holder of IP the ability to exclude third parties from infringing on their monopoly.On October 4, 2004, the General Assembly of the World Intellectual Property Organization agreed to adopt a proposal offered by Argentina and Brazil, the "Proposal for the Establishment of a Development Agenda for WIPO". This proposal was strongly supported by developing countries, as well as by a large contingent of civil society. Prior to the General Assembly meeting, hundreds of nonprofits, scientists, academics and other individuals had signed the "Geneva Declaration on the Future of WIPO," which calls on WIPO to focus more on the needs of developing countries, and to view IP as one of many tools for development - not as an end in itself.Case study: intellectual property rights in China:As cited above, policymakers in both the developed and less developed worlds have increasingly considered intellectual property protection as a major means to attract foreign direct investment. However, stronger intellectual property protection is not always needed to attract such investment. In the case of China, foreign investors were not attracted by the strong intellectual property protection the country offers. Rather, they entered the Chinese market because of “the drastically lower production costs, the country’s enormous market, its inefficient economic system and the preferential treatment of foreign investors”.‘Since 1983, FDI [in China] has grown from less than $1 billion a year to more than $60 billion, and it is projected to soon reach $100 billion annually’ (Navarro, 2007, p. 13). Today, China is oneof the world’s largest recipients of FDI with capital inflows of ab out $50 billion, behind the United States and the United Kingdom (Chow, 2007, p. 198). Such an influx of FDI not only provides China with the foreign capital needed for economic modernization, but also results in technology transfer, job creation, development of human capital and generation of tax revenues (Sherwood, 1990, pp. 191–199).As pointed out earlier, strong intellectual property protection is not always needed for attracting FDI. In fact, stronger protection may reduce investment by encouraging investors to conduct arm’s-length transactions by licensing their products. Such protection would also reduce the net gains in economic welfare from increased FDI by incurring significant costs, such as administrative and enforcement costs, adjustment costs due to labor displacement, social costs associated with monopoly pricing, higher imitation and innovation costs and potential costs resulting from the abuse of intellectual property rights (Maskus, Dougherty and Mertha, 2005, pp. 302–306).the drasticall y lower production costs, the country’s enormous market, its inefficient economic system and the preferential treatment of foreign investors have all helped to attract FDI in China. Because these factors more than compensate for the country’s weak intellec tual property protection, FDI in China increased substantially despite limited intellectual property protection in the country. China therefore is not an exception to the causal relationship between intellectual property protection and FDI, but an ideal case study to illustrate the ambiguity of this relationship and the complex interactions between the many location advantages that affect private investment decisions. After all, as Keith Maskus pointed out, if stronger intellectual property protection alway s led to more FDI, ‘recent FDI flows to developing economies would have gone largely to sub-Saharan Africa and Eastern Europe . . . [rather than] China, Brazil, and other high-growth, large-market developing economies with weak IPRs’ (Maskus, 1998, p. 129).Although the piracy and counterfeiting problems in China have been widely reported in the media in the past decade, the protection of intellectual property rights took a giant leap in recent years.At present, China is a proud member of many multilateral intellectual property agreements, including the Berne Convention, Geneva Convention, Paris Convention, the Patent Cooperation Treaty and UPOV (International Union for the Protection of New Varieties of Plants).In November 2001, China joined the World Trade Organization (WTO). Since joining the WTO, China has further strengthened its legal framework and amended its IPR laws and regulations in compliance with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).China made such progress not only to respond to external pressure, but also because IPR protection becomes more and more important for its self-interest. Compared to a decade ago, a number of Chinese companies have now achieved prominence in the international market, with their trademarks being recognized as well-known outside China (Sull with Wang, 2005). Examples of these famous local brands include Galanz (for microwave ovens), Haier (for household appliances), Huawei Technologies (for telecommunications equipment), Konka (for televisions)and TCL (for televisions). As China increases its exports of goods branded with globally recognized local trademarks, the importance of intellectual property protection to the country’s future economic development cannot be ignored.similar transformations occurred in Japan in the 1970s and in Hong Kong, Singapore, South Korea and Taiwan in the 1980s—and even in Germany and the United States many decades ago (Assafa, 1996, p. 120; Kingston, 2005, p. 658). It is only a matter of time before China joins its more developed neighbors in championing the cause for stronger intellectual property protection.Conclusion and questions to considerWhat kind of FDI is prevalent in your country and is IPR important in protecting the FDI?What are the consequences if your country apply strong IPR?What are its affects on developing countries and least developed countries?/ip/wipo/genevadeclaration.html/english/thewto_e/whatis_e/tif_e/agrm7_e.htm/njtip/vol5/iss3/3//ip/wipo/genevadeclaration.html/article.asp?articleid=74520http://www.wipo.int/amc/en/arbitration//fortune/2006-04/27/content_4483322.htmThe Role of Intellectual Property in Promoting International Trade and Foreign Direct Investment, Chow, Daniel C. K. (2007)How Trade-Related Are Intellectual Property Rights?, Maskus, Keith E. and Mohan Penubarti (1995)Intellectual Property and Economic Development, Sherwood, Robert M. (1990)Intellectual Property, Foreign Direct Investment and the China Exception, Peter K. Yu (2009)Intellectual Property Policy for Non-industrial Countries, Assafa, Endeshaw (1996),Intellectual Property Protection and U.S. Foreign Direct Investment, Lee, Jeong-Yeon and Mansfield, Edwin (1996),The Coming China Wars: Where They Will Be Fought and How They Can Be Won, Navarro, Peter (2007)The Role of Intellectual Property Rights in Encouraging Foreign Direct Investment and Technology Transfer, Keith E. Maskus。
第40届世界遗产大会资料发布
World Heritage 40 COMWHC/16//INF.8B3Paris, 27 May 2016Original: English/French UNITED NATIONS EDUCATIONAL, SCIENTIFICAND CULTURAL ORGANIZATIONCONVENTION CONCERNING THE PROTECTION OFTHE WORLD CULTURAL AND NATURAL HERITAGEWORLD HERITAGE COMMITTEEFortieth sessionIstanbul, Turkey10 - 20 July 2016Item 8 of the Provisional Agenda: Establishment of the World Heritage List and of the List of World Heritage in DangerINF.8B3: List of nominations received by 1 February 2016 and for examination by the World Heritage Committee at its 41st session (2017)List of World Heritage Nominations received between 2 February 2015 and 1 February 2016 (Presented by region and in alphabetical order by State Party)Total number of nominations submitted by the annual deadline: 431 (Cultural 32, Natural 10, Mixed 1)Total number of complete nominations after the Completeness Check: 371 (Cultural 28, Natural 8, Mixed 1)1 This total includes the nomination of “Ivrea, industrial city of the 20th century” (Italy), received 28/01/2016, which examination was postponed in compliance with paragraph 61 of the Operational Guidelines and according to the prioritization indicated by the State Party to the 42nd session of the World Heritage Committee.2The names of properties are presented in the language in which they were submitted by the State Party.In conformity with Decision 39 COM 15, paragraph 24, the list of the new nominations to be examined at the 41st session of the World Heritage Committee including cost estimates for the evaluation of each nomination can be found in document WHC/16/40/COM/15.。
中华人民共和国反倾销条例(英文)
1. where there is a purchase price that has been paid or a purchase price that is payable for the imported product， that price shall be the export price； or
中华人民共和国反倾销条例（修正） State Council, PRC Anti-dumping Regulations (Revised)1
国务院令第401号
（Promulgated by the State Council on 26 November 2001， revised according to the > Decision> on 31 March 2004， and effective as of 1 June 2004.）
2. where there are no sales of the product that is the same as the imported product in the market of the country （region） of export in the ordinary course of trade， or the price or quantity of such product cannot be compared with that of the imported product on a fair basis， the comparable price for export of the product to a proper third country （region）， or the cost of the same product in the original country （region） of its production plus reasonable expenses and profit， shall be the normal value.
外贸英语口语电子书
一．对外贸易和对外贸易关系（一）They mainly trade with Japanese firms.他们主要和日本商行进行贸易。
For the past five years, we have done a lot of trade with your company.在过去的五年中，我们与贵国进行了大量的贸易。
Our trade is conducted on the basis of equality.我们是在平等的基础上进行贸易。
There has been a slowdown in the wool trade with you.和你们的羊毛贸易已有所减少。
Our foreign trade is continuously expanding.我们的对外贸易不断发展。
Trade in leather has gone up (down) 3%.皮革贸易上升（下降）了百分之三。
Trade in general is improving.贸易情况正在好转。
Our company mainly trades in arts and crafts.我们公司主要经营手工艺品。
They are well-known in trade circles.他们在贸易界很有名望。
We trade with people in all countries on the basis of equality and mutual benefit.我们在平等互利的基础上和各国人民进行贸易。
To respect the local custom of the buying country is one important aspect of Chinas foreign policy.尊重买方国家的风俗习惯是我国贸易政策的一个重要方面。
Our purpose is to explore the possibilities of developing trade with you.我们的目的是和你们探讨一下发展贸易的可能性。
联合国国际货物买卖合同公约英文版
联合国国际货物买卖合同公约英文版全文共10篇示例，供读者参考篇1Once upon a time, there were a group of countries who got together to make rules about buying and selling things between them. This group of countries is called the United Nations. They made a special set of rules called the United Nations Convention on Contracts for the International Sale of Goods (CISG).The CISG is like a big rulebook that tells countries how to make deals when they want to buy and sell things with each other. It has lots of rules about what should happen when you buy something from another country, like what the price should be, when the goods should be delivered, and what to do if there's a problem with the goods.One of the important rules in the CISG is that when two countries make a deal to buy and sell something, they have to follow the rules in the CISG unless they decide to make their own rules. This helps countries work together and understand each other when they're doing business.For example, let's say a company in the United States wants to buy some toys from a company in China. They can use the CISG to help them make the deal. The CISG will tell them what they should include in their contract, like the name of the toys, the price, and when the toys should be delivered.If there's a problem with the toys, like if they're damaged during shipping, the CISG also has rules to help the countries solve the problem. They can talk to each other and try to come up with a solution that's fair for both of them.In the end, the CISG is a helpful set of rules that countries can use to make deals when they want to buy and sell things between them. It helps them understand each other better and work together to solve any problems that might come up. So, next time you want to buy something from another country, remember the CISG and how it helps countries do business together!篇2Hey guys! Today we are going to talk about something super important - the United Nations Convention on Contracts for the International Sale of Goods, also known as the CISG. It'slike a set of rules that helps people from different countries when they want to buy or sell things to each other.So basically, the CISG helps make sure that everyone follows the same rules when they are buying or selling things internationally. This way, there are no misunderstandings or confusion between the parties involved. It's kind of like having a referee during a soccer game to make sure everything is fair and square.The CISG covers things like how a contract is formed, the rights and obligations of the buyer and seller, and what happens if there is a problem with the goods being sold. It also sets out rules for things like how the price is determined, when the goods should be delivered, and what happens if one of the parties doesn't fulfill their side of the deal.One cool thing about the CISG is that it applies automatically to contracts between parties from different countries, unless they specifically say they don't want it to apply. This helps make international trade smoother and more predictable for everyone involved.So there you have it - the CISG in a nutshell! It may sound complicated, but it's actually a really helpful set of rules that make international trade a lot easier. So next time you're buyingor selling something to someone from another country, remember the CISG and how it helps make sure everything goes smoothly.篇3Hi everyone, I'm going to tell you all about something really cool called the United Nations Convention on Contracts for the International Sale of Goods, or CISG for short. It's like a special set of rules that countries use when they buy and sell things with each other.So basically, CISG is like a big agreement between lots of countries. It helps them all have the same rules when they trade goods across borders. That way, everyone knows what to expect and it's fair for everyone.One of the important things about CISG is that it covers things like how contracts are made, what happens if there's a problem with the goods, and what the rules are for things like delivery and payment. It helps make sure that all the countries involved in a trade deal are on the same page.CISG is super helpful because it makes international trade easier and more reliable. It's kinda like having a set of guidelines to follow so that everyone knows what they're supposed to do.Plus, it can help solve any disagreements that might come up during a trade deal.All in all, CISG is a really cool thing that helps countries work together when they buy and sell goods. It makes international trade smoother and fairer for everyone involved. So next time you hear about CISG, remember that it's like a big rulebook for countries to follow when they're trading with each other. How awesome is that?篇4Hello everyone! Today I'm going to tell you guys all about the United Nations Convention on Contracts for the International Sale of Goods, also known as the CISG. It's like a set of rules that countries all around the world can use when they buy and sell things to each other. Cool, right?The CISG is really important because it helps countries make fair deals with each other. So let's say a company in China wants to sell some toys to a company in the United States. If both countries have agreed to follow the CISG, then they can use it to decide things like the price, how the toys will be delivered, and what happens if there's a problem with the toys.The CISG has a lot of rules to help make sure things go smoothly. For example, it says that when two companies make a deal, they have to follow the terms of the contract. And if something goes wrong, like if the toys aren't what the company in the US expected, then the CISG can help them figure out how to fix the problem.But remember, the CISG is just a set of guidelines. Companies can still make their own contracts with different rules if they want to. It's like having a game with basic rules, but you can add your own twists to make it more fun.So next time you hear about the CISG, remember that it's all about making sure countries can buy and sell things fairly with each other. And who knows, maybe one day you'll be working with international contracts too!篇5Once upon a time, in a super duper big place called the United Nations, there was a special agreement called the United Nations Convention on Contracts for the International Sale of Goods. Woah, that's a mouthful! But don't worry, I'll break it down for you!So basically, this agreement is all about how countries around the world can buy and sell stuff to each other. It's like a big rulebook that everyone follows when they want to trade things like toys, clothes, or even yummy snacks!One of the coolest things about this agreement is that it helps countries from different parts of the world understand each other better when they're doing business. It sets out rules about things like when a contract is formed, how to deliver goods, and what happens if something goes wrong.But wait, there's more! The agreement also covers important stuff like how to settle disputes between buyers and sellers, and what happens if one of them doesn't follow the rules. It's like having a super smart referee to make sure everyone plays fair!So next time you see a toy or a game that says "Made in China" or "Made in Germany", remember that it's all thanks to the United Nations Convention on Contracts for the International Sale of Goods that countries can trade with each other smoothly and fairly. Yay for international trade!篇6Hey guys! Today I'm gonna tell you all about the United Nations Convention on Contracts for the International Sale ofGoods (CISG). It's like a super important set of rules for when people from different countries buy and sell stuff to each other.So basically, the CISG helps to make sure that there are fair rules in place when it comes to international trade. It covers things like what should be in a contract, when the contract is considered to be formed, what happens if the goods are defective, and what the remedies are if one party doesn't follow the contract.One cool thing about the CISG is that it applies automatically to contracts between parties from countries that have signed on to it. So if you're buying something from a country that is also a member of the CISG, then these rules will apply to your deal.But remember, the CISG only covers the sale of goods, not services or real estate. So if you're buying a car or a computer from another country, the CISG will help protect your rights.So there you have it, the CISG in a nutshell! It's like a superhero that helps to make sure that trades between countries are fair and square. Pretty cool, right?篇7Title: The United Nations Convention on Contracts for the International Sale of GoodsHey guys, I'm gonna tell you all about this super important thing called the United Nations Convention on Contracts for the International Sale of Goods, or as we like to call it, the CISG. It's like a special rulebook for when people from different countries wanna buy and sell stuff to each other.So, the CISG is all about making sure that when people are buying and selling things internationally, everyone follows the same rules. This way, there are no misunderstandings and everyone knows what to expect.One of the cool things about the CISG is that it covers things like when a contract is formed, what happens if the goods are damaged during shipping, and what happens if one side doesn't follow the agreement. It even has rules for things like how to figure out what currency to use and what language the contract should be in.The CISG is super important because it helps make international trade easier and fairer for everyone involved. It's like having a secret code that everyone follows so that everyone can trade with each other without any problems.So, next time you're buying something from another country, remember the CISG and how it helps make sure that everything goes smoothly. Cool, right?That's all for now, kids! Thanks for listening to my talk about the United Nations Convention on Contracts for the International Sale of Goods. See you next time!篇8So, like, once upon a time, there was this really cool thing called the United Nations Convention on Contracts for the International Sale of Goods. It's basically like a set of rules that everyone around the world can use when they wanna buy or sell stuff to each other.So, let's say that you wanna sell some awesome toys to a kid in another country. You can use this Convention to make sure that both you and the kid are on the same page about things like the price, the delivery date, and even what happens if something goes wrong with the toys.One of the really cool things about this Convention is thatit's super flexible. It lets you and the kid make changes to the contract to fit your needs. So if you wanna add something like a special warranty or a discount, you can totally do that!But, you gotta remember to follow all the rules in the Convention too. Like, you can't make a contract that goes against the laws of your country or the kid's country. And you gotta be fair and honest when you're making the deal.So, yeah, the United Nations Convention on Contracts for the International Sale of Goods is like a really awesome way to make sure that buying and selling stuff between different countries goes smoothly. It's like a super cool superhero that protects all the kids all around the world when they wanna trade their toys!篇9Hey guys, have you heard of the United Nations Convention on Contracts for the International Sale of Goods? It sounds super fancy, but basically it's a set of rules that help countries all over the world trade with each other smoothly. Let me break it down for you in simple terms!So, this Convention is all about making sure that when people from different countries buy and sell stuff to each other, there are clear rules to follow. It's like having a playbook for international trade! The rules cover things like how to make acontract, what happens if one side doesn't deliver the goods, and how to resolve disputes if something goes wrong.One cool thing about this Convention is that it applies to pretty much every country in the world. That means if you're trading with someone in another country, you can both rely on these rules to make sure everything goes smoothly. It's like having a universal guidebook for international trade!Now, you might be thinking, "But why do we need these rules? Can't people just make deals on their own?" Well, the thing is, different countries have different laws and customs when it comes to buying and selling goods. This Convention helps to bridge those gaps and make sure everyone is on the same page.So, next time you're buying or selling something to someone in another country, remember the United Nations Convention on Contracts for the International Sale of Goods. It's like having a set of rules to play by, no matter where in the world you are trading! Let's keep those goods moving and make global trade a breeze!篇10Title: The United Nations Convention on Contracts for the International Sale of GoodsHey guys, ever heard of the United Nations Convention on Contracts for the International Sale of Goods? It’s like this cool rulebook that helps countries around the world when they buy and sell stuff to each other. Let me explain it to you in akid-friendly way.So, let’s say you want to buy a cool toy from a kid in another country. You both agree on the price and all the details. But what happens if the toy arrives and it’s broken or not what you expected? That’s where the UN Convention comes in. It sets out rules for how to deal with these kinds of situations so everyone is treated fairly.One of the cool things about the Convention is that it has rules that apply to everyone, no matter where they’re from. This makes it easier for countries to trade with each other because they know what to expect and how to resolve any problems that come up.For example, the Convention says that if there’s a problem with the toy you bought, you can return it and get your money back. Or you can ask the seller to fix it or even get a replacement. It’s all about making sure both parties are happy with the transaction.Overall, the UN Convention on Contracts for the International Sale of Goods is like a superhero that protects buyers and sellers when they trade across borders. It may sound compl icated, but it’s actually pretty cool and helps make international trade fair and smooth. So next time you buy something from another country, remember that the UN Convention has got your back!。
Unit Two
Closing
the deal:
prepare an offer iron out details such as a starting date and benefits conduct drug testing and background tests.
New-hire
外贸英才网
为外贸企业提 供高级人才猎头服务 德卡猎头 猎头机构 中国高 级人力资本搜寻 中国猎头联盟网 提供猎头 、员工职业生涯规划、人才 测评 世界经理人群英会 经理人 和专业人才招聘平台，提供 人力资源资讯、HR动态 人行道猎头人行道 猎头从 事高级猎头、管理咨询、企 业内训等服务 中国猎头网
4) In order to find out whether a candidate is a good match or not, what does the speaker say they do?
They do exhaustive interviews. In the first round of interviews, they will have at least three days of interviews with a wide variety of people, which focus tasks of interviewing on the leadership side, interviewing on the technical side, and interviewing on the commitment side. In the second round of interviews, they will go back and revisit those potential problems that they discover after their group discussions about the candidates.
欧盟反倾销法
COUNCIL REGULATION (EC) No 1225/2009of 30 November 2009on protection against dumped imports from countries not members of the European Community(codified version)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1) OJ L 299, 16.11.2007, p. 1. (1),Having regard to the proposal from the Commission,Whereas:(1)Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (2) OJ L 56, 6.3.1996, p. 1. (2), has been substantially amended several times (3) See Annex I.(3). In the interests of clarity and rationality the said Regulation should be codified.(2)The multilateral trade negotiations concluded in 1994 led to new Agreements on the implementation of Article VI of the General Agreement on Tariffs and Trade (hereinafter referred to as ‘GATT’). In the light of the different nature of the new rules for dumping and subsidies respectively, it is also appropriate to have a separate body of Community rules in each of those two areas. Consequently, the rules on protection against subsidies and countervailing duties are contained in a separate Regulation.(3)The agreement on dumping, namely, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as ‘the 1994 Anti-Dumping Agreement’), contains detailed rules, relating in particular to the calculation of dumping, procedures for initiating and pursuing an investigation, including the establishment and treatment of the facts, the imposition of provisional measures, the imposition and collection of anti-dumping duties, the duration and review of anti-dumping measures and the public disclosure of information relating to anti-dumping investigations. In order to ensure a proper and transparent application of those rules, the language of the agreement should be brought into Community legislation as far as possible.(4)In applying the rules it is essential, in order to maintain the balance of rights and obligations which the GATT Agreement establishes, that the Community take account of how they are interpreted by the Community’s major trading partners.(5)It is desirable to lay down clear and detailed rules on the calculation of normal value. In particular such value should in all cases be based on representative sales in the ordinary course of trade in the exporting country. It is expedient to give guidance as to when parties may be considered as being associated for the purpose of determining dumping. It is expedient to define the circumstances in which domestic sales may be considered to be made at a loss and may be disregarded, and in which recourse may be had to remaining sales, or to constructed normal value, or to sales to a third country. It is also appropriate to provide for a proper allocation of costs, even in start-up situations, and to lay down guidance as to the definition of start-up and the extent and method of allocation. It is also necessary, when constructing normal value, to indicate the methodology to be applied in determining the amounts for selling, general and administrative costs and the profit margin that should be included in such value.(6)When determining normal value for non-market economy countries, it appears prudent to set out rules for choosing the appropriate market-economy third country to be used for such purpose and, where it is not possible to find a suitable third country, to provide that normal value may be established on any other reasonable basis.(7)It is appropriate for the Community’s anti-dumping practice to take account of the changed economic conditions in Kazakhstan. In particular, it is appropriate to specify that normal value may be determined in accordance with the rules applicable to market economy countries in cases where it can be shown that market conditions prevail for one or more producers, subject to investigation in relation to the manufacture and sale of the product concerned.(8)It is also appropriate to grant similar treatment to imports from such countries which are members of the World Trade Organisation (WTO) at the date of the initiation of the relevant anti-dumping investigation.(9) It is appropriate to specify that an examination of whethermarket conditions prevail will be carried out on the basisof properly substantiated claims by one or more producers subject to investigation who wish to avail themselves ofthe possibility to have normal value determined on thebasis of rules applicable to market economy countries.(10) It is expedient to define the export price and to enumeratethe adjustments which are to be made in those cases wherea reconstruction of this price from the first open-marketprice is deemed necessary.(11) For the purpose of ensuring a fair comparison betweenexport price and normal value, it is advisable to list the factors which may affect prices and price comparability andto lay down specific rules as to when and how the adjustments should be made, including the fact that any duplication of adjustments should be avoided. It is also necessaryto provide that comparison may be made using averageprices although individual export prices may be comparedto an average normal value where the former vary by customer, region or time period.(12) It is necessary to lay down clear and detailed guidance asto the factors which may be relevant for the determinationof whether the dumped imports have caused materialinjury or are threatening to cause injury. In demonstratingthat the volume and price levels of the imports concernedare responsible for injury sustained by a Community industry, attention should be given to the effect of other factorsand in particular prevailing market conditions in theCommunity.(13) It is advisable to define the term ‘Community industry’ andto provide that parties related to exporters may be excludedfrom such industry, and to define the term ‘related’. It isalso necessary to provide for anti-dumping action to betaken on behalf of producers in a region of the Community and to lay down guidelines on the definition of suchregion.(14) It is necessary to lay down who may lodge an anti-dumpingcomplaint, including the extent to which it should be supported by the Community industry, and the informationon dumping, injury and causation which such complaintshould contain. It is also expedient to specify the procedures for the rejection of complaints or the initiation ofproceedings.(15) It is necessary to lay down the manner in which interestedparties should be given notice of the information whichthe authorities require, and should have ample opportunityto present all relevant evidence and to defend their interests. It is also desirable to set out clearly the rules and procedures to be followed during the investigation, inparticular the rules whereby interested parties are to makethemselves known, present their views and submit information within specified time-limits, if such views andinformation are to be taken into account. It is also appropriate to set out the conditions under which an interestedparty may have access to, and comment on, informationpresented by other interested parties. There should also becooperation between the Member States and the Commission in the collection of information.(16) It is necessary to lay down the conditions under which provisional duties may be imposed, including the conditionthat they may be imposed no earlier than 60 days from initiation and no later than nine months thereafter. Foradministrative reasons, it is also necessary to provide thatsuch duties may in all cases be imposed by the Commission, either directly for a nine-month period or in twostages of six and three months.(17) It is necessary to specify procedures for accepting undertakings which eliminate dumping and injury instead ofimposing provisional or definitive duties. It is also appropriate to lay down the consequences of breach or withdrawal of undertakings and that provisional duties may beimposed in cases of suspected violation or where furtherinvestigation is necessary to supplement the findings. Inaccepting undertakings, care should be taken that the proposed undertakings, and their enforcement, do not lead toanti-competitive behaviour.(18) It is necessary to provide that the termination of casesshould, irrespective of whether definitive measures areadopted or not, normally take place within 12 months,and in no case later than 15 months, from the initiation ofthe investigation. Investigations or proceedings should beterminated where the dumping is de minimis or the injuryis negligible, and it is appropriate to define those terms.Where measures are to be imposed, it is necessary to provide for the termination of investigations and to lay downthat measures should be less than the margin of dumpingif such lesser amount would remove the injury, as well asto specify the method of calculating the level of measuresin cases of sampling.(19) It is necessary to provide for retroactive collection of provisional duties if that is deemed appropriate and to definethe circumstances which may trigger the retroactive application of duties to avoid the undermining of the definitivemeasures to be applied. It is also necessary to provide thatduties may be applied retroactively in cases of breach orwithdrawal of undertakings.(20) It is necessary to provide that measures are to lapse afterfive years unless a review indicates that they should bemaintained. It is also necessary to provide, in cases wheresufficient evidence is submitted of changed circumstances,for interim reviews or for investigations to determinewhether refunds of anti-dumping duties are warranted. Itis also appropriate to lay down that in any recalculation ofdumping which necessitates a reconstruction of exportprices, duties are not to be treated as a cost incurredbetween importation and resale where the said duty isbeing reflected in the prices of the products subject to measures in the Community.(21) It is necessary to provide specifically for the reassessmentof export prices and dumping margins where the duty isbeing absorbed by the exporter through a form of compensatory arrangement and the measures are not beingreflected in the prices of the products subject to measuresin the Community.(22) The 1994 Anti-Dumping Agreement does not containprovisions regarding the circumvention of anti-dumpingmeasures, though a separate GATT Ministerial Decisionrecognises circumvention as a problem and has referred itto the GATT Anti-dumping Committee for resolution.Given the failure of the multilateral negotiations so far andpending the outcome of the referral to the WTO Anti-Dumping Committee, it is necessary that Community legislation should contain provisions to deal with practices,including mere assembly of goods in the Community or athird country, which have as their main aim the circumvention of anti-dumping measures.(23) It is also desirable to clarify which practices constitute circumvention of the measures in place. Circumvention practices may take place either inside or outside theCommunity. It is consequently necessary to provide thatexemptions from the extended duties which may alreadybe granted to importers may also be granted to exporterswhen duties are being extended to address circumventiontaking place outside the Community.(24) It is expedient to permit suspension of anti-dumping measures where there is a temporary change in market conditions which makes the continued imposition of suchmeasures temporarily inappropriate.(25) It is necessary to provide that imports under investigationmay be made subject to registration upon importation inorder to enable measures to be applied subsequentlyagainst such imports.(26) In order to ensure proper enforcement of measures, it isnecessary that Member States monitor, and report to theCommission, the import trade of products subject to investigation or subject to measures, and also the amount ofduties collected under this Regulation.(27) It is necessary to provide for consultation of an AdvisoryCommittee at regular and specified stages of the investigation. The Committee should consist of representatives ofMember States with a representative of the Commission aschairman.(28) Information provided to Member States in the AdvisoryCommittee is often of a highly technical nature andinvolves an elaborate economic and legal analysis. In orderto provide Member States with sufficient time to considerthis information, it should be sent at an appropriate timebefore the date of a meeting set by the Chairman of theAdvisory Committee.(29) It is expedient to provide for verification visits to checkinformation submitted on dumping and injury, such visitsbeing, however, conditional on proper replies to questionnaires being received.(30) It is essential to provide for sampling in cases where thenumber of parties or transactions is large in order to permit completion of investigations within the appointedtime-limits.(31) It is necessary to provide that where parties do not cooperate satisfactorily other information may be used to establish findings and that such information may be lessfavourable to the parties than if they had cooperated.(32) Provision should be made for the treatment of confidential information so that business secrets are not divulged.(33) It is essential that provision be made for proper disclosureof essential facts and considerations to parties whichqualify for such treatment and that such disclosure bemade, with due regard to the decision-making process inthe Community, within a time-limit which permits partiesto defend their interests.(34) It is prudent to provide for an administrative system underwhich arguments can be presented as to whether measuresare in the Community interest, including the consumers’interest, and to lay down the time-limits within which suchinformation has to be presented as well as the disclosurerights of the parties concerned,HAS ADOPTED THIS REGULATION:Article 1Principles1. An anti-dumping duty may be applied to any dumped product whose release for free circulation in the Community causes injury.2. A product is to be considered as being dumped if its export price to the Community is less than a comparable price for the like product, in the ordinary course of trade, as established for the exporting country.3. The exporting country shall normally be the country of origin. However, it may be an intermediate country, except where, for example, the products are merely transhipped through that country, or the products concerned are not produced in that country, or there is no comparable price for them in that country.4. For the purpose of this Regulation, ‘like product’ means a product which is identical, that is to say, alike in all respects, to the product under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.Article 2Determination of dumpingA. N ORMAL VALUE1. The normal value shall normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country.However, where the exporter in the exporting country does not produce or does not sell the like product, the normal value may be established on the basis of prices of other sellers or producers. Prices between parties which appear to be associated or to have a compensatory arrangement with each other may not be considered to be in the ordinary course of trade and may not be used to establish normal value unless it is determined that they are unaffected by the relationship.In order to determine whether two parties are associated account may be taken of the definition of related parties set out in Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (1) OJ L 253, 11.10.1993, p. 1.(1).2. Sales of the like product intended for domestic consumption shall normally be used to determine normal value if such sales volume constitutes 5 % or more of the sales volume of the product under consideration to the Community. However, a lower volume of sales may be used when, for example, the prices charged are considered representative for the market concerned.3. When there are no or insufficient sales of the like product in the ordinary course of trade, or where because of the particularmarket situation such sales do not permit a proper comparison, the normal value of the like product shall be calculated on the basis of the cost of production in the country of origin plus a reasonable amount for selling, general and administrative costs and for profits, or on the basis of the export prices, in the ordinary course of trade, to an appropriate third country, provided that those prices are representative.A particular market situation for the product concerned within the meaning of the first subparagraph may be deemed to exist, inter alia, when prices are artificially low, when there is significant barter trade, or when there are non-commercial processing arrangements.4. Sales of the like product in the domestic market of the exporting country, or export sales to a third country, at prices below unit production costs (fixed and variable) plus selling, general and administrative costs may be treated as not being in the ordinary course of trade by reason of price, and may be disregarded in determining normal value, only if it is determined that such sales are made within an extended period in substantial quantities, and are at prices which do not provide for the recovery of all costs within a reasonable period of time.If prices which are below costs at the time of sale are above weighted average costs for the period of investigation, such prices shall be considered to provide for recovery of costs within a reasonable period of time.The extended period of time shall normally be one year but shall in no case be less than six months, and sales below unit cost shall be considered to be made in substantial quantities within such a period when it is established that the weighted average selling price is below the weighted average unit cost, or that the volume of sales below unit cost is not less than 20 % of sales being used to determine normal value.5. Costs shall normally be calculated on the basis of records kept by the party under investigation, provided that such records are in accordance with the generally accepted accounting principles of the country concerned and that it is shown that the records reasonably reflect the costs associated with the production and sale of the product under consideration.If costs associated with the production and sale of the product under investigation are not reasonably reflected in the records of the party concerned, they shall be adjusted or established on the basis of the costs of other producers or exporters in the same country or, where such information is not available or cannot be used, on any other reasonable basis, including information from other representative markets.Consideration shall be given to evidence submitted on the proper allocation of costs, provided that it is shown that such allocations have been historically utilised. In the absence of a more appropriate method, preference shall be given to the allocation of costs on the basis of turnover. Unless already reflected in the cost allocations under this subparagraph, costs shall be adjusted appropriately for those non-recurring items of cost which benefit future and/or current production.Where the costs for part of the period for cost recovery are affected by the use of new production facilities requiring substantial additional investment and by low capacity utilisation rates, which are the result of start-up operations which take place within or during part of the investigation period, the average costs for the start-up phase shall be those applicable, under the abovementioned allocation rules, at the end of such a phase, and shall be included at that level, for the period concerned, in the weighted average costs referred to in the second subparagraph of paragraph 4. The length of a start-up phase shall be determined in relation to the circumstances of the producer or exporter concerned, but shall not exceed an appropriate initial portion of the period for cost recovery. For this adjustment to costs applicable during the investigation period, information relating to a start-up phase which extends beyond that period shall be taken into account where it is submitted prior to verification visits and within three months of the initiation of the investigation. 6. The amounts for selling, for general and administrative costs and for profits shall be based on actual data pertaining to production and sales, in the ordinary course of trade, of the like product, by the exporter or producer under investigation. When such amounts cannot be determined on this basis, the amounts may be determined on the basis of:(a) the weighted average of the actual amounts determined forother exporters or producers subject to investigation in respect of production and sales of the like product in the domestic market of the country of origin;(b) the actual amounts applicable to production and sales, in theordinary course of trade, of the same general category of products for the exporter or producer in question in the domestic market of the country of origin;(c) any other reasonable method, provided that the amount forprofit so established shall not exceed the profit normally realised by other exporters or producers on sales of products of the same general category in the domestic market of the country of origin.7. (a)In the case of imports from non-market economy countries (1) Including Azerbaijan, Belarus, North Korea, Tajikistan, Turkmenistan and Uzbekistan.(1), normal value shall be determined on the basis of the price or constructed value in a market economy third country, or the price from such a third country to other countries, including the Community, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Community for the like product, duly adjusted if necessary to include a reasonable profit margin.An appropriate market economy third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used.The parties to the investigation shall be informed shortly after its initiation of the market economy third country envisaged and shall be given 10 days to comment.(b)In anti-dumping investigations concerning imports from Kazakhstan and any non-market-economy country which is a member of the WTO at the date of the initiation of the investigation, normal value shall be determined in accordance with paragraphs 1 to 6, if it is shown, on the basis of properly substantiated claims by one or more producers subject to the investigation and in accordance with the criteria and procedures set out in subparagraph (c), that market economy conditions prevail for this producer or producers in respect of the manufacture and sale of the like product concerned. When this is not the case, the rules set out under subparagraph (a) shall apply.(c)A claim under subparagraph (b) must be made in writing and contain sufficient evidence that the producer operates under market economy conditions, that is if:—decisions of firms regarding prices, costs and inputs,including for instance raw materials, cost of technology and labour, output, sales and investment, are made in response to market signals reflecting supply and demand, and without significant State interference in this regard, and costs of major inputs substantially reflect market values,—firms have one clear set of basic accounting recordswhich are independently audited in line with international accounting standards and are applied for all purposes,—the production costs and financial situation of firms arenot subject to significant distortions carried over from the former non-market economy system, in particular in relation to depreciation of assets, other write-offs, barter trade and payment via compensation of debts,—the firms concerned are subject to bankruptcy andproperty laws which guarantee legal certainty and stability for the operation of firms, and—exchange rate conversions are carried out at the market rate.A determination whether the producer meets the abovementioned criteria shall be made within three months of the initiation of the investigation, after specific consultation of the Advisory Committee and after the Community industry has been given an opportunity to comment. This determination shall remain in force throughout the investigation.B. E XPORT PRICE8. The export price shall be the price actually paid or payable for the product when sold for export from the exporting country to the Community.9. In cases where there is no export price or where it appears that the export price is unreliable because of an association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported products are first resold to an independent buyer, or, if the products are not resold to an independent buyer, or are not resold in the condition in which they were imported, on any reasonable basis.In these cases, adjustment for all costs, including duties and taxes, incurred between importation and resale, and for profits accruing, shall be made so as to establish a reliable export price, at the Community frontier level.The items for which adjustment shall be made shall include those normally borne by an importer but paid by any party, either inside or outside the Community, which appears to be associated or to have a compensatory arrangement with the importer or exporter, including usual transport, insurance, handling, loading and ancillary costs; customs duties, any anti-dumping duties, and other taxes payable in the importing country by reason of the importation or sale of the goods; and a reasonable margin for selling, general and administrative costs and profit.C. C OMPARISON10. A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade and in respect of sales made at, as closely as possible, the same time and with due account taken of other differences which affect price comparability. Where the normal value and the export price as established are not on such a comparable basis due allowance, in the form of adjustments, shall be made in each case, on its merits, for differences in factors which are claimed, and demonstrated, to affect prices and price comparability. Any duplication when making adjustments shall be avoided, in particular in relation to discounts, rebates, quantities and level of trade. When the specified conditions are met, the factors for which adjustment can be made are listed as follows:(a) Physical characteristicsAn adjustment shall be made for differences in the physical characteristics of the product concerned. The amount of the adjustment shall correspond to a reasonable estimate of the market value of the difference.(b) Import charges and indirect taxesAn adjustment shall be made to normal value for an amount corresponding to any import charges or indirect taxes borne by the like product and by materials physically incorporated therein, when intended for consumption in the exporting country and not collected or refunded in respect of the product exported to the Community.(c) Discounts, rebates and quantitiesAn adjustment shall be made for differences in discounts and rebates, including those given for differences in quantities, if these are properly quantified and are directly linked to the sales under consideration. An adjustment may also be made for deferred discounts and rebates if the claim is based on consistent practice in prior periods, including compliance with the conditions required to qualify for the discount or rebates.(d) Level of trade(i) An adjustment for differences in levels of trade, including any differences which may arise in OEM (OriginalEquipment Manufacturer) sales, shall be made where, inrelation to the distribution chain in both markets, it isshown that the export price, including a constructedexport price, is at a different level of trade from the normal value and the difference has affected price comparability which is demonstrated by consistent and distinctdifferences in functions and prices of the seller for thedifferent levels of trade in the domestic market of theexporting country. The amount of the adjustment shallbe based on the market value of the difference.(ii) However, in circumstances not envisaged under point (i), when an existing difference in level of trade cannot bequantified because of the absence of the relevant levelson the domestic market of the exporting countries, orwhere certain functions are shown clearly to relate tolevels of trade other than the one which is to be used inthe comparison, a special adjustment may be granted.(e) Transport, insurance, handling, loading and ancillary costsAn adjustment shall be made for differences in the directly related costs incurred for conveying the product concerned from the premises of the exporter to an independent buyer, where such costs are included in the prices charged. Those costs shall include transport, insurance, handling, loading and ancillary costs.(f) PackingAn adjustment shall be made for differences in the directly related packing costs for the product concerned.。
加拿大 光滑陶瓷和玻璃法规
Current to October 31, 2012Last amended on June 20, 2011À jour au 31 octobre 2012Dernière modification le 20 juin 2011Published by the Minister of Justice at the following address:http://laws-lois.justice.gc.ca Publié par le ministre de la Justice à l’adresse suivante :http://lois-laws.justice.gc.caCANADACONSOLIDATION Glazed Ceramics and Glassware RegulationsCODIFICATIONRèglement sur les produits céramiques émaillés et les produits deverre émaillésSOR/98-176DORS/98-176OFFICIAL STATUS OF CONSOLIDATIONS CARACTÈRE OFFICIEL DES CODIFICATIONSSubsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows:Les paragraphes 31(1) et (3) de la Loi sur la révision et la codification des textes législatifs, en vigueur le 1er juin 2009, prévoient ce qui suit :Published consolidation is evidence31. (1) Every copy of a consolidated statute orconsolidated regulation published by the Ministerunder this Act in either print or electronic form is ev-idence of that statute or regulation and of its contentsand every copy purporting to be published by theMinister is deemed to be so published, unless thecontrary is shown.31. (1) Tout exemplaire d'une loi codifiée ou d'unrèglement codifié, publié par le ministre en vertu dela présente loi sur support papier ou sur support élec-tronique, fait foi de cette loi ou de ce règlement et deson contenu. Tout exemplaire donné comme publiépar le ministre est réputé avoir été ainsi publié, saufpreuve contraire.Codificationscomme élémentde preuve ...[...]Inconsistencies in regulations(3) In the event of an inconsistency between aconsolidated regulation published by the Ministerunder this Act and the original regulation or a subse-quent amendment as registered by the Clerk of thePrivy Council under the Statutory Instruments Act,the original regulation or amendment prevails to theextent of the inconsistency.(3) Les dispositions du règlement d'origine avecses modifications subséquentes enregistrées par legreffier du Conseil privé en vertu de la Loi sur lestextes réglementaires l'emportent sur les dispositionsincompatibles du règlement codifié publié par le mi-nistre en vertu de la présente loi.Incompatibilité— règlementsNOTE NOTEThis consolidation is current to October 31, 2012.The last amendments came into force onJune 20, 2011. Any amendments that were not inforce as of October 31, 2012 are set out at the end ofthis document under the heading “Amendments Notin Force”.Cette codification est à jour au 31 octobre 2012. Lesdernières modifications sont entrées en vigueurle 20 juin 2011. Toutes modifications qui n'étaientpas en vigueur au 31 octobre 2012 sont énoncées à lafin de ce document sous le titre « Modifications nonen vigueur ».TABLE OF PROVISIONS TABLE ANALYTIQUESection Page Article PageGlazed Ceramics and Glassware Regulations Règlement sur les produitscéramiques émaillés et les produits de verre émaillés1INTERPRETATION11DÉFINITIONS1 2AUTHORIZATION22AUTORISATION24LEACHABILITY LIMITS FORLEAD AND CADMIUM24TAUX MAXIMAL DELIBÉRATION DE PLOMB ET DECADMIUM26IDENTIFICATION ANDWARNING36ÉLÉMENT DISTINCTIF ET MISEEN GARDE37REPEAL37ABROGATION3 8COMING INTO FORCE38ENTRÉE EN VIGUEUR3SCHEDULETEST METHODS4ANNEXEMÉTHODES D’ESSAI4Registration EnregistrementSOR/98-176 March 19, 1998DORS/98-176 Le 19 mars 1998CANADA CONSUMER PRODUCT SAFETY ACT LOI CANADIENNE SUR LA SÉCURITÉ DES PRODUITSDE CONSOMMATIONGlazed Ceramics and Glassware Regulations Règlement sur les produits céramiques émaillés et lesproduits de verre émaillésP.C. 1998-400 March 19, 1998 C.P. 1998-400 Le 19 mars 1998His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5a of the Hazardous Products Act, hereby makes the annexed Hazardous Products (Glazed Ceram-ics and Glassware) Regulations.Sur recommandation du ministre de la Santé et en ver-tu de l’article 5a de la Loi sur les produits dangereux, Son Excellence le Gouverneur général en conseil prend le Règlement sur les produits dangereux (produits céra-miques émaillés et produits de verre), ci-après.a R.S., c. 24 (3rd Supp.), s. 1a L.R., ch. 24 (3e suppl.), art. 1GLAZED CERAMICS AND GLASSWARE REGULATIONS RÈGLEMENT SUR LES PRODUITS CÉRAMIQUES ÉMAILLÉS ET LES PRODUITS DE VERRE ÉMAILLÉSINTERPRETATION DÉFINITIONS1. The definitions in this section apply in these Regu-lations.“cups and mugs” means small hollow-ware used for the consumption of liquids. (tasses et chopes)“drinking vessel” means any hollow-ware from which one can drink liquids. (récipient à boire)“flatware” means a product having an internal depth not exceeding 25 mm, measured vertically from the lowest interior point to a horizontal plane passing through the point of overflow. (vaisselle plate)“good laboratory practices” means practices similar to those set out in the OECD Principles of Good Laborato-ry Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitor-ing, ENV/MC/CHEM (98) 17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. (bonnes pratiques de laboratoire)“hollow-ware” means a product having an internal depth greater than 25 mm, measured vertically from the lowest interior point to a horizontal plane passing through the point of overflow. (vaisselle creuse)“large hollow-ware” means hollow-ware with a capacity of 1.1 L or more. (grande vaisselle creuse)“permanent warning” means a warning that remains legi-ble for the lifetime of the product under normal condi-tions of use and cleaning. (mise en garde permanente)“pitcher” means a large hollow-ware vessel that is com-monly used for storing and dispensing liquids but does not include a creamer, a coffeepot or a teapot. (pichet)“product” means a product that has all of the following characteristics:(a) it is completely or partly made of ceramic or glass;1. Les définitions qui suivent s’appliquent au présent règlement.« bonnes pratiques de laboratoire » S’entend des pra-tiques analogues à celles énoncées dans les Principes de l’OCDE de bonnes pratiques de laboratoire, Série sur les principes de bonnes pratiques de laboratoire et vérifica-tion du respect de ces principes, numéro 1, ENV/MC/ CHEM(98)17, daté du 6 mars 1998 dans sa version fran-çaise et du 21 janvier 1998 dans sa version anglaise. (good laboratory practices)« grande vaisselle creuse » Vaisselle creuse d’une capaci-té de 1,1 L ou plus. (large hollow-ware)« mise en garde permanente » Mise en garde qui demeure lisible durant toute la vie du produit dans des conditions normales d’utilisation et de nettoyage. (permanent warn-ing)« petite vaisselle creuse » Vaisselle creuse d’une capacitéde moins de 1,1 L. (small hollow-ware)« pichet » Article de grande vaisselle creuse utilisé habi-tuellement pour conserver et pour servir des liquides. Sont exclues de la présente définition les crémières, les cafetières et les théières. (pitcher)« produit » Produit qui satisfait aux exigences suivantes : a) il est fait entièrement ou partiellement en céra-mique ou verre;b) il est recouvert en totalité ou en partie d’un revête-ment, d’un émail ou d’une décoration contenant du plomb ou du cadmium;c) il est utilisé pour conserver, préparer ou servir un aliment au sens de l’article 2 de la Loi sur les aliments et drogues. (product)« récipient à boire » Article de vaisselle creuse dans le-quel on peut boire des liquides. (drinking vessel)« tasses et chopes » Articles de petite vaisselle creuse uti-lisés pour consommer des liquides. (cups and mugs)(b) it is completely or partly covered with a coating, glaze or decoration that contains lead or cadmium; and(c) it is used in storing, preparing or serving food, as defined in section 2 of the Food and Drugs Act. (pro-duit)“small hollow-ware” means hollow-ware with a capacity of less than 1.1 L. (petite vaisselle creuse)SOR/2007-30, s. 2; SOR/2009-179, s. 6.« vaisselle creuse » Ensemble de produits dont la profon-deur, mesurée verticalement du point intérieur le plus bas jusqu’à un plan horizontal traversant le point de dé-bordement, est supérieure à 25 mm. (hollow-ware)« vaisselle plate » Ensemble de produits dont la profon-deur, mesurée verticalement du point intérieur le plus bas jusqu’à un plan horizontal traversant le point de dé-bordement, n’excède pas 25 mm. (flatware)DORS/2007-30, art. 2; DORS/2009-179, art. 6.AUTHORIZATION AUTORISATION2. A product may be advertised, sold or imported if it meets the requirements of these Regulations.SOR/2009-179, s. 7.2. La vente, l’importation et la publicité du produit sont autorisées si celui-ci satisfait aux exigences du pré-sent règlement.DORS/2009-179, art. 7.3. [Repealed, SOR/2009-179, s. 7] 3. [Abrogé, DORS/2009-179, art. 7]LEACHABILITY LIMITS FOR LEAD ANDCADMIUM TAUX MAXIMAL DE LIBÉRATION DE PLOMB ETDE CADMIUM4. No product of a product category set out in column 1 of an item of the table to this section, when tested in accordance with the method set out in item 1 of the schedule, shall release lead in excess of the leachability limit set out in column 2 of that item or cadmium in ex-cess of the leachability limit set out in column 3 of that item, unless the product is identified or displays a per-manent warning in accordance with section 6.4. Un produit d’une catégorie de produits mentionnée à la colonne 1 du tableau du présent article qui est mis àl’essai conformément à la méthode établie à l’article 1 de l’annexe ne doit libérer ni plomb ni cadmium à un taux supérieur au taux maximal indiqué à la colonne 2 ou à la colonne 3, à moins de comporter un élément distinctif ou une mise en garde permanente conformément à l’article 6.TABLEColumn 1Column 2Column 3Item Product Category Leachability Limit forLead (milligrams perlitre)Leachability Limitfor Cadmium(milligrams per litre)1.Flatware 3.00.502.Small hollow-ware,other than cups ormugs 2.00.50 rge hollow-ware,other than pitchers 1.00.254.Cups and mugs0.50.505.Pitchers0.50.25TABLEAUColonne 1Colonne 2Colonne 3ArticleCatégorie deproduitsTaux maximal delibération de plomb(milligrammes par litre)Taux maximal delibération de cadmium(milligrammes par litre)1.Vaisselle plate3,00,502.Petite vaissellecreuse, sauf lestasses et leschopes2,00,503.Grande vaissellecreuse, sauf lespichets1,00,254.Tasses et chopes0,50,505.Pichets0,50,255. No drinking vessel with a distinctive exterior deco-rative pattern within 20 mm of the rim, when tested in accordance with the method set out in item 2 of the schedule, shall release lead in excess of 4 mg/L or cad-mium in excess of 0.4 mg/L.SOR/2007-30, s. 3.5. Un récipient à boire orné, à l’extérieur, d’un motif décoratif caractéristique situé à 20 mm ou moins du bord qui est mis à l’essai conformément à la méthode établie àl’article 2 de l’annexe ne doit pas libérer plus de 4 mg/L de plomb ou 0,4 mg/L de cadmium.DORS/2007-30, art. 3.IDENTIFICATION AND WARNINGÉLÉMENT DISTINCTIF ET MISE EN GARDE6. A product that is not for food use and that releases lead or cadmium in excess of the leachability limits set out in the table to section 4 shall:(a) be identified by a design feature, such as a hole or a mounting hook, that renders the product unsuitable for the storing, preparing or serving of food; or(b) display, in both official languages and in capital letters of not less than 3 mm in height, a permanent warning consisting of one of the following texts or a similar text, as may be appropriate:6. Un produit qui n’est pas destiné à être utilisé pour les aliments et qui libère du plomb ou du cadmium à un taux supérieur au taux maximal indiqué au tableau de l’article 4 doit comporter :a) soit un élément distinctif, tel un trou ou un crochet, qui le rend inutilisable pour conserver, préparer ou servir des aliments;b) soit, dans les deux langues officielles et en majus-cules d’au moins 3 mm de hauteur, une mise en garde permanente portant l’une des mentions suivantes ou une mention semblable, selon le cas :DANGER!CONTAINS LEAD — CONTIENT DU PLOMB DO NOT USE FOR FOOD — NE PAS UTILISER POURLES ALIMENTSDANGER!CONTIENT DU PLOMB — CONTAINS LEADNE PAS UTILISER POUR LES ALIMENTS — DO NOTUSE FOR FOODDANGER!CONTAINS CADMIUM — CONTIENT DU CADMIUM DO NOT USE FOR FOOD — NE PAS UTILISER POURLES ALIMENTSDANGER!CONTIENT DU CADMIUM — CONTAINS CADMIUM NE PAS UTILISER POUR LES ALIMENTS — DO NOTUSE FOR FOODDANGER!CONTAINS LEAD AND CADMIUM — CONTIENT DUPLOMB ET DU CADMIUMDO NOT USE FOR FOOD — NE PAS UTILISER POURLES ALIMENTSDANGER!CONTIENT DU PLOMB ET DU CADMIUM —CONTAINS LEAD AND CADMIUMNE PAS UTILISER POUR LES ALIMENTS — DO NOTUSE FOR FOODREPEAL ABROGATION7. The Hazardous Products (Glazed Ceramics) Regulations1 are repealed.1 C.R.C., c. 9257. Le Règlement sur les produits dangereux (pro-duits céramiques émaillés)1 est abrogé.1 C.R.C., ch. 925COMING INTO FORCE ENTRÉE EN VIGUEUR8. These Regulations come into force on March 19, 1998.8. Le présent règlement entre en vigueur le 19 mars 1998.SCHEDULE (Sections 4 and 5)ANNEXE (articles 4 et 5)TEST METHODS MÉTHODES D’ESSAI1. To determine whether a product releases lead or cadmium, the following method, which is based on the International Organization for Standardization standard ISO 6486-1:1999, Ceramic ware, glass-ceramic ware and glass dinnerware in contact with food — Release of lead and cadmium — Part 1: Test Method, second edition, 1999-12-15, shall be used:(a) handwash the product using a non-acidic detergent solution, rinse with distilled water and air dry;(b) fill the product to within 5 mm of the level of overflowing with an extraction solution of 4% (volume/volume) of acetic acid in wa-ter;(c) cover the product with an inert opaque cover and allow to stand for 24 hours at 22 °C ± 2 °C;(d) stir the extraction solution to ensure homogeneity taking care not to abrade the surface of the product;(e) take an aliquot of the extraction solution and, within 8 hours, analyze the solution using an analytical technique that is in accor-dance with good laboratory practices; and(f) express the results as the quantity of the lead or cadmium in milligrams per litre of the extraction solution.1. Pour établir si un produit libère du plomb ou du cadmium, utili-ser la méthode ci-après, basée sur la norme ISO 6486-1:1999 de l’Or-ganisation internationale de normalisation, intitulée Vaisselle en céra-mique, vaisselle en vitrocéramique et vaisselle de table en verre en contact avec les aliments — Émission de plomb et de cadmium —Partie 1 : Méthode d’essai, deuxième édition, dans sa version du 15 décembre 1999 :a) laver le produit à la main avec une solution détersive non acide, le rincer à l’eau distillée et le faire sécher à l’air;b) remplir le produit d’une solution d’extraction constituée de 4 % (volume/volume) d’acide acétique dans de l’eau, à 5 mm ou moins du niveau de débordement;c) couvrir le produit d’un couvercle opaque fait de matériel inerte et laisser reposer 24 heures à une température de 22 °C ± 2 °C; d) remuer la solution d’extraction pour l’homogénéiser, en prenant soin de ne pas abraser la surface du produit;e) prélever une aliquote de la solution d’extraction et, dans les 8 heures qui suivent, la soumettre à l’analyse en appliquant une mé-thode conforme aux bonnes pratiques de laboratoire;f) exprimer les résultats en milligrammes de plomb ou de cad-mium par litre de solution d’extraction.2. To determine whether a drinking vessel bearing a distinctive ex-terior decorative pattern within 20 mm of the rim releases lead or cadmium, the following method, which is based on a standard of the American Society for Testing and Materials (ASTM C927-80), reap-proved 2004, Standard Test Method for Lead and Cadmium Extract-ed from the Lip and Rim Area of Glass Tumblers Externally Decorat-ed with Ceramic Glass Enamels, shall be used:(a) handwash the drinking vessel using a non-acidic detergent so-lution, rinse with distilled water and air dry;(b) measure the internal volume of the drinking vessel in millil-itres by filling with distilled water to within 5 mm of the level of overflowing and record the internal volume (V2);(c) discard the water and invert the drinking vessel in an appropri-ate laboratory glassware container whose diameter is a minimum of 1.25 times and a maximum of 2 times the external diameter of the test specimen as measured at the rim;(d) add to the laboratory glassware container the volume of an ex-traction solution of 4% (volume/volume) of acetic acid in water that is sufficient to permit the drinking vessel to be submerged in 20 mm of the solution and record the volume of extraction solution used (V1);(e) cover the laboratory glassware container with an inert opaque cover and allow to stand for 24 hours at 22 °C ± 2 °C;(f) remove the drinking vessel and stir the extraction solution to ensure homogeneity;2. Pour établir si un récipient à boire orné, à l’extérieur, d’un motif décoratif caractéristique situé à 20 mm ou moins du bord libère du plomb ou du cadmium, utiliser la méthode ci-après, basée sur la norme ASTM C927-80 de l’American Society for Testing and Mate-rials, réapprouvée en 2004 et intitulée Standard Test Method for Lead and Cadmium Extracted from the Lip and Rim Area of Glass Tum-blers Externally Decorated with Ceramic Glass Enamels:a) laver le récipient à boire à la main avec une solution détersive non acide, le rincer à l’eau distillée et le faire sécher à l’air;b) mesurer le volume interne du récipient à boire, en millilitres, en le remplissant d’eau distillée à 5 mm ou moins du niveau de débor-dement et noter le volume interne (V2);c) jeter l’eau et déposer le récipient à boire, inversé, dans un réci-pient de laboratoire en verre approprié, dont le diamètre est d’au moins 1,25 fois et d’au plus 2 fois le diamètre externe du produit mesuré sur le bord;d) ajouter dans le récipient de laboratoire en verre un volume suf-fisant d’une solution d’extraction constituée de 4 % (volume/vo-lume) d’acide acétique dans de l’eau de telle sorte que le récipient à boire soit immergé dans 20 mm de cette solution et noter le vo-lume de solution d’extraction utilisé (V1);e) couvrir le récipient de laboratoire en verre avec un couvercle opaque fait de matériel inerte et laisser reposer pendant 24 heures àune température de 22 °C ± 2 °C;f) enlever le récipient à boire et remuer la solution d’extraction pour l’homogénéiser;(g) take an aliquot of the extraction solution and, within 8 hours, analyze the solution using an analytical technique that is in accor-dance with good laboratory practices; and(h) express the results as the quantity of the lead or cadmium in milligrams per litre of the extraction solution relative to the inter-nal volume of the drinking vessel as follows:(C × V1) / V2whereC is the concentration of lead or cadmium in milligrams per litrein the extraction solution,V1is the volume in millilitres of the extraction solution used, andV2is the internal volume in millilitres of the drinking vessel. SOR/2007-30, ss. 4, 5.g) prélever une aliquote de la solution d’extraction et, dans les 8 heures qui suivent, la soumettre à l’analyse en appliquant une mé-thode conforme aux bonnes pratiques de laboratoire;h) exprimer les résultats, en milligrammes de plomb ou de cad-mium par litre de solution d’extraction, en tenant compte du vo-lume interne du récipient à boire, selon la formule suivante :(C × V1) / V2où :C représente la concentration de plomb ou de cadmium expriméeen milligrammes par litre de la solution d’extraction utilisée,V1le volume en millilitres de la solution d’extraction utilisée,V2le volume interne en millilitres du récipient à boire.DORS/2007-30, art. 4 et 5.。
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLEADVERTISEMENTS) ACT, 1954An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.Be it enacted by Parliament as follows: ?1. Short title, extent and commencement. ? (1) This Act may be called the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories.(3) It shall come into force on such date i [1] ; as the Central Government may, by notification in the Official Gazette, appoint.2. Definitions. ? In this Act, unless the context otherwise requires ??(a) ?advertisement? includes any notice, circular, label, wrapper, or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke;?(b) ?drug? includes ?(i) a medicine for the internal or external use of human beings or animals;(ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals;(iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals;(iv) any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (ii) and (iii);?(c) ?magic remedy? includes a talisman mantra kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;?(cc) ?registered medical practitioner? means any person, ?(i) who holds a qualification granted by an authority specified in, or notified under Section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916) specified in the Schedules to the Indian Medical Council Act 1956 (102 of 1956); or(ii) who is entitled to be registered as a medical practitioner under any law for the time being in force ;in any State to which this Act extends relating to the registration of medical practitioner; (d) ?taking any part in the publication of any advertisement? includes ?? (i) the printing of the advertisement;? (ii) the publication of any advertisement outside the territories to which this Act extends by or at the instance of person residing within the said territories;3. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders. ? Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead? to the use of that drug for ??(a) the procurement of miscarriage in women or prevention of conception in women; or?(b) the maintenance or improvements of the capacity of human beings for sexual pleasure; or?(c) the correction of menstrual disorder in women; or?(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under this Act;Provided that no such rule shall be made except ?? (i) in respect of any disease, disorder or condition which requires timely treatment in consultation? with a registered medical practitioner or for which there are normally no accepted remedies, and? (ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940 (23 of 1940), and, if the Central Government considers necessary, with such other persons having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as that Government deems fit.4. Prohibition of misleading advertisements relating to drugs. ? Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter which ?(a) directly or indirectly gives a false impression regarding the true character of the drug; or?(b) makes a false claim for the drug; or?(c) is otherwise false or misleading in any material particular.5. Prohibition of advertisement of magic remedies for treatment of certain diseases and disorders. ? No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3.6. Prohibit on of import into, and export from India of certain advertisement. ? ?No person shall import into, or export from, the territories to which this Act extends any document containing and advertisement of the nature referred to in Section 3, or Section 4, or Section 5, and any documents containing any such advertisement shall be deemed to be goods of which the import or export has been prohibited under Section 19 of the Sea Customs Act, 1878 (8 of 1878), and all the provisions of that Act shall have effect accordingly, except that Section 183, thereof shall have effect as if for the word ?shall? therein the word ?may? were substituted.7. Penalty. ? Whoever contravenes any of the provisions of this Act of the rules made thereunder shall, on conviction, be punishable ??(a) in the case of a first conviction, with imprisonment which may extend to six months, or with fine, or with both;?(b) in the case of a subsequent conviction, with imprisonment which may extend to one? year, or with fine, or with both.8. Powers of entry, search, etc. ? (1) Subject to the provisions of any rules made in this behalf, any Gazetted Officer authorised by the State Government may, within the local limits of the area for which he is so authorised ??(a) enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed;?(b) seize any advertisement which he has reason to believe contravenes any of the provisions of this Act: Provided that the power of seizure under this clause may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its beingembossed or otherwise, from such document, article or thing without affecting the integrity utility or saleable value thereof;?(c) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.?(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under Section 98 of the said Code.?(3) Where any person seizes anything under clause? (b) or clause (c) of sub section (1) he shall, as soon as may be inform a Magistrate and take his orders as to the custody thereof.9. Offences by companies. ? (1) If the person contravening any of the provisions of this Act is a company, every person who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly;Provided that nothing contained in this sub section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.?(2) Notwithstanding anything contained in sub section (1) where an offence under this Act has been committed by a company and it is prove that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director or manager secretary or other officer of the company such director manager secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation ? For the purposes of this section ??(a) ?company? means any body corporate and includes a firm or other association of individuals, and?(b) ?director? in relation to a firm means a partner in the firm.9A. Offences to be cognizable. ? Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898) an offence punishable under this Act shall be cognizable.10. Jurisdiction to try offences. ? No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act.10A. Forfeiture. ? Where a person has been convicted by any court for contravening any provision of this Act or any rule made there under, the court may direct that any document (including all copies thereof), article or thing, in respect of which the contravention is made, including the contents thereof where such contents are seized under clause (b) of sub section (1) of section 8, shall be forfeited to the Government.11. Officers to be deemed to the public servants. ? Every person authorised under section 8l shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).12. Indemnity. ? No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.13. Other laws not affected. ? The provision of this Act are in addition to, and not in derogation of the provisions of any other law for the time being in force.14. Savings. ? Nothing in this Act shall apply to ??(a) any sign board or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in section 3, ;the Schedule or the rules made under this Act, is undertaken in those premises; or?(b) any treatise or book dealing with any of the matter specified in section 3 from a bona fide scientific or social standpoint; or?(c) any advertisement relating to any drug sent confidentially in the manner prescribed under section 16 only to a registered medical practitioner;or?(d) any advertisement relating to a drug printed or published by the Government; or?(e) any advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and magic Remedies (Objectionable Advertisement) Amendment Act, 1963 (42 of 1963).Provided that the Government may, for reasons to be recorded in writing withdraw the sanction after giving the person an opportunity of showing cause against such withdrawal.15. Power to exempt from application of Act. ? If in the opinion of the Central Government public interest requires that the advertisement of any specified drug or class of drugs or any specified class of advertisement relating to drugs should be permitted, it may by notification in the Official Gazette, direct that? the provisions of sections 3,4,5 and 6 or nay one of such provision shall not apply subject to the advertisement of any such drug or class of drugs or any such class of advertisement relating to drugs.16. Power to make rules. ? (1) The Centre Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.?(2) In particular and without prejudice to the generality of the foregoing power, such rules may ? ?(a) specify and disease, disorder or condition to which the provisions of section 3 shall apply;?(b) prescribe the manner in which advertisement of articles or things referred to in clause (c) of section 14 may be sent confidentially.?(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one? session or in two or more successive session, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid,both houses agree in making any modification in the rule or both houses agree hat the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.THE SCHEDULE[See Sections 3(d) and 14] of the disease, disorder or condition1.Appendicitis2.Arteriosclerosis3.Blindness4.Blood poisioning5.Bright's disease7.Cataract8.Deafness9.Diabetes10.Diseases and disorders of the brain11.Diseases and disorders of the optical system12.Diseases and disorders of the uterus13.Disorders or menstrual flow14.Disorders of the nervous system15.Disorders of the prostatic gland16.Dropsy17.Epilepsy18.Female diseases (in general)19.Fevers (in general)20.Fits21.Forms and structure of the female bust22.Gall stones, kidney stones and bladder stones23.Gangrene24.Galucoma25.Goitre26.Heart diseases27.High or low blood pressure28.Hydrocele29.Hysteria30.Infantile paralysis31.Insanity32.Leprosy33.Lecuoderma34.Lockjaw35.Locomotor atoxia36.Lupus37.Nervous debility38.Obesity39.Paralysis41.Pleurisy42.Pneumonia43.Rheumatism44.Ruptures45.Sexual impotence46.Small pox47.Stature of persons48.Sterility in women49.Trachoma50.Tuberculosis51.Tumours52.Typhoid fever53.Ulcers of the gastro-intestinal tract54.Veneral diseases, including syphilis, gonorrhoea, soft chancre, veneral, granulima and lympho granuloma.ii[1] 1st April, 1955 vide Notification No. S.R.O. 511, dated 26th February, 1995, Gazette of India, 1955, Part II, Section 3, Page 449.。
PROVISIONAL AGREEMENT FOR SALE AND PURCHASE_买卖合同
PROVISIONAL AGREEMENT FOR SALE AND PURCHASE_买卖合同provisional agreement for sale and purchasethis agreement is made on between(1) (holder(s) of hong kong identity card(s) no(s).and holder of certificate of availability for sale no.) of(hereinafter called 'the vendor');(2) (holder(s) of hong kong identity card(s) no(s).and holder of certificate of eligibility to purchase no.) of(hereinafter called 'the purchaser'); and(3) (holder of business registration certificate no.) of(hereinafter called 'the vendor’s agent') and(holder of business registration certificate no.) of (hereinafter called 'the purchaser’s agent').]or[(3) (holder of business registration certificate no.) of (hereinafter called 'the agent').]now it is hereby agreedas follows:1. the vendor agrees to sell and the purchaser agrees to purchase *[through the vendor’s agent and the purchaser’s agent/the agent,] the property known as(hereinafter called 'the property') subject to the terms and conditions herein contained.2. the purchase price of the property is hk$ which shall be paid by the purchaser to the vendor in the following manner:(a) initial deposit of hk$ shall be paid upon signing of this agreement;(b) further deposit of hk$ shall be paid upon signing of the formal agreement for sale and purchase on or before ; and(c) balance of purchase price of hk$ shall be paid upon completion which should take place on or before .3. completion shall take place on or before and the property is to be sold to the purchaser subject to clause 17 hereof but otherwise free from incumbrances.4. upon completion, the vendor shall deliver vacant possession of the property to the purchaser.5. the purchaser shall not sub-sell the property or transfer the benefit of this agreement, whether by way of a direct or indirect reservation, right of first refusal, option, trust or power of attorney, nomination or any other method, arrangement or document of any description, conditional or unconditional, or enter into any agreement so to do before the completion of the sale and purchase of the property.when fixing the date of signing of the formal agreement for sale and purchase, the purchaser and vendor should refer to clause 8 below.6. the vendor and the purchaser agree that they shall separately appoint their own solicitors.the vendor shall be represented by and the purchaser shall be represented by .7. each party shall bear its own legal costs. subject to clause 11 hereof, all stamp duty shall be borne by the purchaser.8. the purchaser agrees to apply to the housing authority for a letter of nomination withinone month from the date of this agreement but in any event no later than seven working days prior to the signing of the formal agreement for sale and purchase.9. in order to enable the purchaser to apply for the letter of nomination, the vendor agrees to tender the original of the certificate of availability for sale to the purchaser or his solicitors within days from the date of this agreement but in any event no later than seven working days prior to the signing of the formal agreement for sale and purchase.10. should the purchaser fail to obtain a letter of nomination (otherwise due to the vendor’sfailure to tender the said certificate of availability for sale pursuant to clause 9 above) before the signing of the formal agreement for sale and purchase or fail to complete the purchase in manner herein contained or fail to observe any of the terms contained in this agreement, the deposit shall be forfeited to the vendor and the vendor shall then be entitled at his sole discretion to sell the property to other eligible purchasers as he thinks fit but without prejudice to the vendor''s right to claim specific performance and damages from the purchaser.11. should the vendor fail to tender the original of the certificate of availability for sale to the purchaser or his solicitors according to clause 9 of this agreement or fail to complete the sale in the manner herein contained or fail to comply with any of the terms of this agreement, the vendor shall forthwith return the deposit to the purchaser and shall pay to the purchaser a sum equivalent to the amount of the initial deposit as liquidated damages and shall also reimburse the purchaser with the payment of stamp duty but without prejudice to the purchaser''s right to claim specific performance and damages from the vendor.12. in consideration of the services rendered by the vendor’s agent and the purchaser’s agent,entitled to receive hk$___________________from the vendor and the purchaser’s agent shall be entitled to receive hk$ from the purchaser as commission. such commission shall be paid on or before .or in consideration of the services rendered by the agent, the agent shall be entitled to receive hk$ from the vendor and hk$ from the purchaser as commission. such commission shall be paid on or before .13. if in any case either the vendor or the purchaser fails to complete the sale and purchase in the manner herein mentioned, the defaulting party shall compensate at once the vendor’s agent hk$ and the purchaser’s agent hk$ /the agent hk$ as liquidated damages.14. the property is sold to the purchaser on an 'as is' basis.15. this agreement supersedes all prior negotiations, representation, understanding and agreements between the parties hereto.16. it is hereby agreed that the sale and purchase hereof shall include the chattels, furniture and fittings as set out in the remarks.17. the purchaser acknowledges that he is purchasing the property subject to the liability for payment of premium as set out in paragraph 1 of the schedule to the housing ordinance cap.283. the vendor declares that for the purpose of calculation of the amount of premium under paragraph 1(b) of the schedule to the housing ordinance, the initial market value and the purchase price of the property are hk$ and hk$ respectively.18. if the purchaser is more than one person, they shall hold the property as joint tenants.19. it is hereby agreed that *[the vendor’s agent is the agent of the vendor only and the purchaser’s agent is the agent of the purchaser only/the agent is the agent for both the vendor and the purchaser/for the vendor only/for the purchaser only.]20. it is declared by the vendor and the purchaser that they are selling and purchasing the property under the hos secondary market scheme of the hong kong housing authority and acknowledge that this agreement is subject to the terms, covenants and conditions mentioned in the schedule to the housing ordinance (cap.283) and any amendments thereto.21. the sale and purchase hereof is also subject to the additional terms (if any) set out in the schedule hereto and in the event of any contradiction between such additional terms and the prescribed terms and provisions of this provisional agreement and the formal agreement for sale and purchase, the prescribed terms and conditions shall prevail.22. this agreement constitutes a legally binding agreement between the parties hereto.23. this agreement should be interpreted in its english version in case of ambiguities.24. remarks :scheduleadditional termssigned by the vendor :_______________________signed by the purchaser:_____________________signed by the vendor’s agent :______________estate agent’s licence(individual) no. :___________________________signed by the purchaser’s agentestate agent’s licence(individuall no. :___________________________orsigned by the agent :________________________estate agent’s licenceindividual no. :_____________________________received from the purchaser the initial deposit of hk$ (cheque no. )分享知识，欢迎下载使用！。
国际贸易理论与实务(英文版)Ch.18 Implementation
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§2 Examination of and Amendment to the L/C
1. Urging the opening of L/C
A special purpose: to use such equipment in es.
Precondition: The buyer must have reliance on the s eller’s skill and judgment, e.g. the seller is an exper t in the manufacture or sale for the particular purpo se intended by the buyer.
1
§1 Cargo Readiness
1. Contractual quantity, quality and packing conformity requi rements
(1) Contractual quantity requirement
“100 M/T 5% more or less”, the buyer would be obliged to take delivery of
5
4. Ensuring freedom from third party claims
Ensure that the goods it delivers are not subject to rights or claims by a third party.
《英汉对照：一般拍卖条款》
《一般拍卖条款》GENERAL CONDITIONS OF SALE英汉对照(1) 此物业是依据此拍卖章程内之一般拍卖条款出售，并依照特别拍卖条款 (如有适用者) 而出售。
如果特别拍卖条款与一般拍卖条款的内容出现矛盾之处，则以特别拍卖条款内的指定为准。
The Property is sold according to the General Conditions of Sale as provided herein and further subject to the Special Conditions, if any, where applicable. In the event of conflict between any of the Special Conditions of Sale with the General Conditions of Sale, the Special Conditions of Sale shall prevail.(2) 此物业是限有底价以价高者得，拍卖人有权将投价弃取如有争执则以最后无争执之价为底价再行拍卖。
凡投买者一经出价不得退缩，并比上次所出之价不得少过拍卖人拍卖时所定之银数。
Subject to a reserve price, the highest approved bidder being so allowed by the Auctioneer shall be the Purchaser thereof. The Auctioneer shall have the right of refuse any bid. If any dispute shall arise as to the highest bidder the Property shall be put up again at the last undisputed bid. No bid shall be withdrawn or be less in advance of the last previous bid than the sum to be fixed by the Auctioneer at the time of or during the sale.(3) 卖主有权：The Vendor reserves the right:-(甲) 自己出价或由其代理人或拍卖人出价投买；及(a) To bid generally by himself or his agent or the Auctioneer; and(乙) 将该物业于未卖实以前收回并不须宣布底价。
案例分析加选择
of Goods:案例分析我公司向意大利出口苹果酒一批，CIF条件，不可撤销即期信用证付款。
国外开来信用证，货名为“apple wine”，我方为单证一致起见，所有单据上均填写“apple wine”。
货到意大利遭到海关扣留罚款，因该批酒的内外包装上写的是…cider‟字样。
问：我方对此有无责任？答：答：我方对此有责任。
在进出口中，商品包装的品名应该与单据上商品的品名相同，在本案例中，我方在收到买方开来的信用证应该要求其改证将apple wine改为cider。
2.案例：某出口公司凭买方样品出口一批夹克衫，货值60500美元。
合同规定5月份装船，但须买方认可回样后方能装运。
4月20日买方开来的信用证上也有此规定。
我方多次试制回样，均未得到买方认可，因此我方不能如期装运。
时至6月份，买方向我方提出索赔。
问：我方应如何处理？答：根据合同规定: 凭买方样品出口,即卖方的样品需得到买方认可后方能装运。
在本案例中，卖方多次试制回样,均未得到买方认可,因此未能如期装运,责任不在卖方。
所以，买方提出索赔没有道理。
3茶叶等级案例中方某公司与国外某客商成交龙井茶一批，合同规定二级茶叶，卖方实际交货时发现二级茶叶库存为零，便在未征求买方同意的情况下，以一级茶叶充抵二级茶叶交货，并电告买方“一级茶叶仍按二级茶叶计价，不另外收费”。
问：卖方的做法妥当吗？为什么？答;根据《公约规定》：卖方提交的货物品质必须符合合同的规定。
如果卖方提交的货物不符合合同规定，买方有权要求赔偿、修理、替换或者拒收货物，或者取消合同。
在本案例中，合同规定商品为二级茶叶，尽管卖方提交的商品质量为一级茶叶，但不符合合同规定，买方依然可以拥有拒收货物等权利。
4案例：我某土产公司以CIF条件向新加坡出口一批榛子仁。
品质规定:水分最高15%，杂质不超过3%，成交前我方曾向对方寄送样品，合同签订后电告对方，确认成交货物与样品相似。
货物运抵新加坡，新加坡公司出具了所交货物平均品质比样品低7%，向我公司提出索赔。
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关于对艾氏剂、氯丹、狄氏剂、异狄氏剂、七氯、六氯代苯、灭蚊灵或毒杀芬等农药构成、含有此类物质或受其污染或以六氯代苯作为一种工业化学品的废物实行无害环境管理的技术准则K0760094 260407 260407目录一、导言 (5)A. 范围 (5)B. 描述、生产、用途和废物 (5)1．艾氏剂 (5)（a）描述 (5)（b）生产. (6)（c）用途. (6)2．氯丹 (6)（a）描述 (6)（b）生产. (6)（c）用途. (7)3．狄氏剂 (7)（a）描述 (7)（b）生产. (7)（c）用途（另见艾氏剂） (7)4．异狄氏剂 (8)（a）描述 (8)（b）生产. (8)（c）用途. (8)5．七氯 (9)（a）描述 (9)（b）生产. (9)（c）用途. (9)6．六氯代苯 (9)（a）描述 (9)（b）生产. (9)（c）用途. (10)7．灭蚊灵 (11)（a）描述 (11)（b）生产. (11)（c）用途. (12)8．毒杀芬 (12)（a）描述 (12)（b）生产. (12)（c）用途. (13)9．废物. (13)二、《巴塞尔公约》和《斯德哥尔摩公约》有关条款 (14)A. 《巴塞尔公约》 (14)B. 《斯德哥尔摩公约》 (16)三、应同时根据《斯德哥尔摩公约》和《巴塞尔公约》处理的问题 (17)A. 低含量的持久性有机污染物 (17)B. 销毁和不可逆转换的水平 (17)C. 无害环境处置方法 (17)四、无害环境管理（ESM）指南 (17)2A. 一般考虑：《巴塞尔公约》和《斯德哥尔摩公约》以及经济合作与发展组织 (17)1．《巴塞尔公约》 (17)2．《斯德哥尔摩公约》. (17)3．经济合作与发展组织 (17)B. 立法框架和规章制度 (17)C. 预防和最大限度地减少废物 (18)D. 识别和盘存 (19)1．识别 (19)2．盘存. (20)E. 抽样、分析和监测 (20)1．抽样 (20)2．分析. (20)3．监测 (20)F. 装卸、收集、包装、设置标签、运输和储存 (20)1．装卸 (20)2．收集. (21)3．包装 (21)4．设置标签 (22)5．运输. (23)6．储存 (23)G. 无害环境的处置 (23)1．预处理 (23)2．销毁和不可逆转换方法. (23)3．当销毁或不可逆转换并不是无害环境的可取选择时应采取的其他处理办法 (23)4．对低含量持久性有机污染物的其他处置方法 (23)H. 对受污染场址采取的补救措施 (23)I. 健康与安全 (23)1．高风险环境 (23)2．低风险环境. (23)J. 应急反应 (23)K. 公众参与 (24)附件一、农药持久性有机污染物商品名称和同物异名一览表 (25)二、参考书目 (31)3缩写和简称ADR 欧洲国际公路运输危险货物协定ATSDR 美国毒物和疾病登记署BAT 最佳可得技术BEP 最佳环保做法DDT 1,1,1-三氯-2,2-双（4-氯苯基）乙烷（二氯二苯三氯乙烷）（简称“滴滴涕”）EPA 美国环保局ESM 无害环境管理EXTOXNET 延伸毒物学数据网FAO 联合国粮食及农业组织（简称“粮农组织”）GC 气相色谱法HCB 六氯代苯HEOD 1,2,3,4,10,10-六氯-6,7-环氧-1,4,4a,5,6,7,8,8a-八氢-内向-1,4-外向-5,8,-二甲桥萘（简称“狄氏剂”）HHDN 1,2,3,4,10,10-六氯1,4,4a,5,8,8a-六氢化-内向-1,4-外向-5,8-二乙醇萘（简称“艾氏剂”）HSDB 有害物质数据库IARC 国际癌症研究局ICAO 国际民用航空组织IMO 国际海事组织INCHEM 国际化学品安全方案化学品信息IPCS 国际化学品安全方案NTP 国家毒物学计划（美利坚合众国）OECD 经济合作与发展组织（简称“经合组织”）PCBs 多氯联苯PCCs 多氯莰PCDD 多氯二苯并对二噁英PCDF 多氯二苯并呋喃Pesticide POPs 列入《斯德哥尔摩公约》附件A的农药组（艾氏剂、氯丹、狄氏剂、异狄氏剂、七氯、六氯代苯、灭蚁灵或毒杀芬）和六氯代苯作为一种工业化学品POP 持久性有机污染物RID 国际铁路运输危险货物条例STARS 受污染场地物质数据库：与环境有关的物质TOXNET 毒物学数据网UNEP 联合国环境规划署（简称“环境规划署”）WHO 世界卫生组织（简称“世卫组织”）度量单位Mg 兆克（1,000公斤或1吨）mg/kg 毫克/公斤。
相当于质量的百万分之一（ppm）。
Ppm 百万分之一4一、导言A. 范围1. 根据《控制危险废物越境转移及其处置巴塞尔公约》缔约方大会的第IV/17、V/26、VI/23、VII/13和VIII/16号决定；《巴塞尔公约》不限成员名额工作组的第OEWG-I/4、OEWG-II/10、OEWG-III/8、OEWG-IV/11和OEWG-V/12号决定；《持久性有机污染物斯德哥尔摩公约》全权代表会议第5项决议；《斯德哥尔摩公约》为实施对某些持久性有机污染物采取国际行动达成有法律约束力的文书政府间谈判委员会的第INC-6/5和INC-7/6号决定，以及《斯德哥尔摩公约》缔约方大会第SC-1/21和SC-2/6号决定，本技术准则为艾氏剂、氯丹、狄氏剂、异狄氏剂、七氯、六氯代苯、灭蚁灵或毒杀芬等农药构成、含有此类物质或受其污染的废物（以下统称“农药持久性有机污染物”）或以六氯代苯作为一种工业化学品的废物实行无害环境管理（ESM）提供指导。
2. 本技术准则适用于作为持久性有机污染物（POP）被列入《斯德哥尔摩公约》附件A的所有农药。
农药1,1,1-三氯-2,2-双（4-氯苯基）乙烷（二氯二苯三氯乙烷——即滴滴涕）被列入《斯德哥尔摩公约》附件B，是因为考虑到它在许多热带国家控制疟疾传媒过程中占有重要地位，并且受独立技术准则的指导（环境规划署，2006年a）。
3. 本技术准则还适用于六氯代苯作为一种工业化学品，因为它所产生的废物在许多方面与六氯代苯作为一种农药构成、含有此类物质或受其污染的废物十分相似。
因此，对此类物质作为一种工业化学品的无害环境管理与其作为一种农药的无害环境管理差不多。
4. 本技术准则不适用于无意产生的六氯代苯。
无意产生的六氯代苯适用由无意产生的多氯二苯并对二噁英（PCDD）、多氯二苯并呋喃（PCDF）、六氯代苯（HCB）或多氯联苯（PCBs）构成、含有此类物质或受其污染的废物的技术准则（环境规划署，2006年b）。
5. 本文件应结合题为“对由持久性有机污染物构成、含有此类物质或受其污染的废物实行无害环境管理的一般性技术准则”（环境规划署，2006年c）（以下简称“一般性技术准则”）的文件使用。
那份文件比较详细地介绍了有关由农药持久性有机污染物构成、含有此类物质或受其污染的废物的性质和发生情况，以利于对其鉴别和管理。
B. 描述、生产、用途和废物1. 艾氏剂（a）描述6. 纯艾氏剂（化学文摘社编号：309-00-2）呈白色、无味、晶体状。
工业级艾氏剂为棕黄色到深褐色，有轻微化学气味（Ritter等人，1995年）。
艾氏剂产品的1,2,3,4,10,10-六氯1,4,4a,5,8,8a-六氢化-内向-1,4-外向-5,8-二乙醇萘（HHDN，简称“艾氏剂”）含量不低于95%。
艾氏剂是一种白色、晶质、无味固体，熔点为104–104.5°C。
工业用的艾氏剂是一种棕黄到深褐色的固体，熔点为49-60°C。
几乎不溶于水，在石油中可中度溶解，对热、碱和弱酸反应稳定（美国毒物和疾病登记署，2002年；国际化学品安全方案/国际化学品安全方案化学品信息，无日期；世卫组织-粮农组织，1979年）。
纯艾氏剂在<200°C温度时状态稳定，酸碱度介于pH 4到pH 8之间；然而，氧化剂和浓酸可在任何情况下侵蚀尚未氯化的环。
由于在储存期间氯化氢形成5缓慢，所以艾氏剂对金属无腐蚀性或腐蚀轻微。
艾氏剂和狄氏剂（1,2,3,4,10,10-六氯-6,7-环氧-1,4,4a,5,6,7,8,8a-八氢-内向-1,4-外向-5,8,-二乙醇萘，化学文摘社编号：60-57-1）是化学关系密切的两种杀虫剂的通用名称。
在环境中，艾氏剂很容易转化为狄氏剂（全球农药释放数据库，加拿大环境学刊，无日期）。
（b）生产7. 1948年美国率先合成艾氏剂农药。
艾氏剂是用双环[2.2.1]-2,5-庚二烯通过第尔斯-阿尔德六氯环戊二烯反应制成。
一般大约在120°C大气压力下进行最终冷凝。
通过蒸馏清除过量双环庚二烯。
制成品通常经过二次冷凝进一步纯化。
艾氏剂的商业制造始于1950年，此后该物质便在全世界通用，直至1970年代初（美国毒物和疾病登记署，2002年；环境规划署，2003年d）。
详见附件一商品名称和同物异名一览表；关于在盘存时使用商品名称的注意事项，见下文第四章D节。
（c）用途8. 艾氏剂自1950年代开始制造并在全世界使用一直到1970年代初，用于控制土壤虫害，比如根虫、金针虫、水稻象甲虫和蝗虫等。
还用于保护木质结构以及电信光缆的塑料和橡胶外包层（美国毒物和疾病登记署，2002年；环境规划署，2002年a）。
1966年，美国的艾氏剂使用量达到峰值8,550兆克，但到1970年已降至4,720兆克。
9. 由于关切艾氏剂和狄氏剂对水域环境生态系统造成的严重破坏，还因为其潜在的致癌特性，美国农业部在1970年全面废止了这两种物质的一切用途。
美国国家环保局（EPA）也于1971年初颁布了艾氏剂和狄氏剂的生产禁令，但未明令禁止使用这两种物质。
在经过1972年《联邦农药管制法》修正的《联邦杀虫剂、杀真菌剂和杀鼠剂法》授权下，美国环保局于1972年撤销了在三种情况下对使用艾氏剂和狄氏剂的禁令，即：对次表层土壤施药以控制白蚁；浸渍非食用植物根部和顶端；以及在（木质结构）制造过程采用全封闭系统进行防蛀加工。
有关艾氏剂的信息也大多适用于狄氏剂。
2. 氯丹（a）描述10. 工业级氯丹（化学文摘社编号：57-74-9）是至少包括23种不同化合物的粘熔混合物，其中包括氯丹异构体、其他氯化碳氢化合物和副产品。
工业氯丹的主要成分是反式氯丹（γ氯丹）（约占25%）、顺式氯丹（α氯丹）（约占70%）、七氯、反式-九氯和顺式-九氯（< 1%）。
七氯是工业氯丹最大的组分之一，这是一种粘稠、无色或琥珀色的液体，带有似氯气味。
纯顺式氯丹的熔点为106°C，反式氯丹的熔点为104°C。
它们不溶于水，而且在多数有机溶液里（包括石油）也是稳定的。
但在有弱碱存在的情况下不稳定（美国毒物和疾病登记署，1994年；延伸毒物学数据网，无日期；Holoubek等人，2004年；国际化学品安全方案/国际化学品安全方案化学品信息，无日期；Ritter等人，1995年；环境规划署，2002年a；世卫组织-粮农组织，1978年）。