国务院办公厅转发中国石油化工总公司、对外经济贸易部关于制止沿海地区利用海上加油炒卖外汇活动的请示的通知(附英文)
国务院同意中国石油化工总公司和对外经济贸易部《关于制止沿海地区利用海上加油炒卖外汇活动的请示》,现转发给你们,请贯彻执行。
石油及其产品是重要的生产资料和出口物资,必须统一政策,加强管理。广东省和广西壮族自治区沿海一些单位利用海上加油炒卖外汇,不但给国家带来经济损失,也影响了港澳地区正常的石油经营活动,必须采取坚决措施予以制止。广东省和广西壮族自治区人民政府要组织有关单位对此进行认真的调查和整顿,对中国石油化工总公司和对外经济贸易部提出的四项措施要认真研究落实。中国石油化工总公司和对外经济贸易部要派人协助两省区抓好这项工作。
中国石油化工总公司、对外经济贸易部关于制止沿海地区利用海上加油炒卖外汇活动的请示
去年年初以来,一些单位和不法商人利用海上加油炒卖外汇的现象十分突出。为获取暴利,有的单位私自在海上设立加油点(油墩),其中有商业、水产、特区与内地联营的一些企业、海上石油服务公司,也有农村社队企业等等。这类加油点,目前已有二十多处。他们不仅向渔船售油,还向货轮售油。油源大部分来自十几个省、自治区的大、小炼油厂的计划外议价油。还有一些是水产、交通、航运部门所属单位将国家分配的平价油转手倒卖。售油单位公开挂出港币、外汇券、人民币的牌价,相互低价竞销。去年一年除平价油外,油上加油数量为四万五千吨,使国家损失外汇达五百多万美元。
目前,这种不法活动还在继续扩大,海上加油已从小渔船向油轮发展,加油品种已从渔用柴油发展到煤油;通过不法商人的转手倒卖,这种不法活动已从海上向陆地上发展,炒卖外汇的金额也越来越大。
鉴于上述情况,对这类不法活动,必须采取有力的措施,坚决予以取缔。为此,拟采取以下四项措施:
一、石油是重要生产资料和出口物资,必须加强管理。今后海上经营加油业务的单位,只限中国石油化工总公司的销售公司系统或与销售公司系统联营的单位和中国船舶燃料供应公司(只限于向海洋船只加油而不得出售给其它单位),其它单位都不得插手经营。经营单位要加强管理,健全制度,堵塞漏洞,特别要防止由平价转议价的现象发生。国家工商行政管理局要按此精神对广东省和广西壮族自治区沿海海面的石油经营单位进行清理,凡不符合上述规定的,要坚决予以取缔;符合上述规定的,要注册登记,发给营业执照。
二、对广东省沿海地区的双重户籍渔民供油,除平价油仍按现行办法外,高价油一律收取外汇,全部外汇收入交由中国银行收兑。对内地渔民和交通航运(区别内地航运和经营外运业务的船只)用油的供应,由水产部门和石油供应部门拟订供油办法,防止将油料偷运出口。
三、海上渔船加油的供应价格由中国石油化工总公司归口管理。各海上加油站原则上按港澳市场订价,并由当地石油公司按日公布。中国化工进出口总公司要对港澳市场与海上渔船加油的议价油油价予以协调。任何单位不得低价竞销。
四、国家工商行政管理局要加强对海上加油站的监督、检查,海关要加强缉私工作。以上措施,如无不当,请批转沿海各级人民政府和有关单位遵照执行。(附英文)
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMIT-TING THE REQUEST SUBMITTED BY THE CHINA NATIONAL PETROCHEMICALS CORPORA-TION AND THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE FOR INSTRUC-TIONS ON CHECKING THE ACTI VITIES BY SOME UNITS IN THE COASTAL AREAS THATTAKE ADVANTA
Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译,中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版)。
当发生歧意时,应以法律法规颁布单位发布的中文原文为准。
This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL FOR TRANSMIT- TING THE REQUEST SUBMITTED BY THE CHINA NATIONAL PETROCHEMICALS CORPORA- TION AND THE MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE FOR INSTRUC- TIONS ON CHECKING THE ACTIVITIES BY SOME UNITS IN THE COASTAL AREAS THAT TAKE ADVANTAGE OF REFUELLING AT SEA TO ENGAGE IN ILLEGAL TRANSACTION OF FOREIGN EXCHANGE(July 17, 1985)
The State Council has approved the Request for Instructions on Checking the Activities by Some Units in the Coastal Areas That Take Advantage of Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange,which was submitted by the China National Petrochemicals Corporation and the Ministry of Foreign Economic Relations and Trade and hereby transmits it to you for you to act upon accordingly. Petroleum and its products are important means of production and export materials, for which there shall be a unified policy and strengthened administration. The activities by some units in the coastal areas of Guangdong Province and of the Guangxi Zhuang Nationality Autonomous Region that take advantage of refuelling at sea to engage in illegal transaction of foreign exchange have not only caused economic losses to the State but also adversely affected the normal petroleum business operations in the region encompassing Hong Kong and Macao. Resolute measures shall therefore be adopted to check these activities. The People's Governments of Guangdong Province and the Guangxi Zhuang Nationality Autonomous Region shall organize the units concerned to earnestly investigate and rectify the situation and seriously study and carry out the four measures put forward by the China National Petrochemicals Corporation and the Ministry of Foreign Economic Relations and Trade, which shall in turn send their personnel to assist the Province and the Region in doing a good job of this work. Request of the China National Petrochemicals Corporation and the Ministry of Foreign Economic Relations and Trade for Instructions on Checking the Activities by Some Units in the Coastal Areas That Take Advantage of Refuelling at Sea to Engage in Illegal Transaction of Foreign Exchange(Excerpts)
Since the beginning of last year, the phenomenon has become extremely striking in which some units and unlawful merchants take advantage of refuelling at sea to engage in illegal transaction of foreign exchange. In order to seek exorbitant profit, some units have, without authorization,installed offshore filling points (or stations)。 Among these units, there are commercial departments, departments for aquatic products, enterprises jointly run by the special economic zones and the inland areas, offshore petroleum service companies as well as enterprises run by rural people's communes and production brigades and teams. At present, such illegal activities are continuing to spread. Refuelling at sea has been developed to the extent that not only fishing boats but also oil tankers are involved and the fuels involved include not only diesel oil for fishing boats but also kerosene. As a result of the speculative buying and reselling on the part of unlawful merchants, such illegal activities have developed to the extent that they are conducted not only at sea but also on land and the amounts of foreign exchange involved are ceaselessly increasing. In view of the above-stated situation, drastic measures must be adopted to resolutely ban such illegal activities. Towards this end, we propose to adopt the following 4 measures:
1. Petroleum is an important means of production and export material and it is therefore imperative to strengthen the administration in this respect. From now on, the units that shall be entitled to handle the business of refuelling at sea shall be restricted to the sales companies affiliated to the China National Petrochemicals Corporation or the associated units of these sales companies and the China Vessel Fuel Supplying Corporation only (and the fuels shall only be used for refuelling sea vessels and may not be sold to any other units)。 No other units shall have a hand in the handling of this business. It is imperative for units that are authorized to handle the business to strengthen the administration in this respect, perfect their management system, stop loopholes and make a special effort to prevent the occurrence of the phenomenon in which fuels to be sold at listed prices are sold at negotiated prices. The State Administration for Industry and Commerce shall, in accordance with the above provisions, check up on the units engaged in petroleum business in the offshore areas of Guangdong Province and of the Guangxi Zhuang Nationality Autonomous Region. Any units that are found at variance with the above provisions shall be resolutely banned and units that are in conformity with the above provisions shall go through the procedures of registration and be issued with business licences.
2. With respect to the supply of fuels to fishing boats of the fishermen with dual domicile in the coastal areas of Guangdong Province, fuels that are supplied at listed prices shall be handled in accordance with the existing procedures whereas high-price fuels shall, without exception, be paid in foreign exchange. All the foreign exchange revenue therefrom shall be handed over to the Bank of China to be changed into Renminbi. With respect to the supply of fuels to fishing boats of inland fishermen and vessels for communications and transportation (and, it is imperative to make a distinction between vessels engaged in inland navigation and those engaged in ocean transportation), the departments for aquatic products and the departments for oil supply shall formulate supply procedures so as to prevent fuels from being smuggled out. 3. The supply prices of fuels to be used for refuelling fishing boats at sea shall be exclusively administered by the China National Petrochemicals Corporation. The various offshore filling stations shall in principle fix their prices with reference to the prevailing market prices in Hong Kong and Macao to be published daily by the local petroleum company. The China National Petrochemicals Corporation shall make co-ordinations between the prevailing oil market prices in Hong Kong and Macao and the negotiated prices of fuels to be used for refuelling fishing boats at sea. No units may compete by lowering selling prices. 4. The State Administration for Industry and Commerce shall strengthen the supervision and inspection of the offshore filling stations and the Customs shall strengthen its anti smuggling work. If there is nothing inappropriate with the above proposed measures, it is hereby requested that they be approved and transmitted to the people's governments at various levels in the coastal areas and the units concerned for implementation.
1985年7月17日
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