Chinese walker

（Adopted at the 9th Meeting of the Standing Committee of the Tenth National People’s Congress on April 26， 2004）
颁布日期：20040426 　实施日期：20040426 　颁布单位：全国人大常委会
　　At its 9th Meeting， the Standing Committee of the Tenth National People’s Congress examined the Report on Whether There Is a Need to Amend the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region in 2007 and for Forming the Legislative Council of the Hong Kong Special Administrative Region in 2008， submitted by Tung Chee-hwa， the Chief Executive of the Hong Kong Special Administrative Region， on April 15， 2004 and， before the meeting， had consulted deputies to the National People’s Congress and members of the National Committee of the Chinese People’s Political Consultative Conference from the Hong Kong Special Administrative Region， people from different sectors of Hong Kong， Hong Kong members of the Committee for the Basic Law of the Hong Kong Special Administrative Region under the standing Committee of the National people’s Congress， and the Constitutional Development Task Force of the Government of the Hong Kong Special Administrative Region， and had， at the same time， sought the advice of the Hong Kong and Macao Affairs Office of the State Council. In the course of examination， the Standing Committee of the National People’s Congress paid full attention to the recent concerns of the Hong Kong community about the methods for selecting the Chief Executive and for forming the Legislative Council after the year 2007， including the views of some bodies and public figures that they wish to see the selection of the Chief Executive by universal suffrage in the year 2007 and the election of all members of the Legislative Council by universal suffrage in the year 2008.
　　The participants hold that the provisions in Articles 45 and 68 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China （hereinafter referred to as the Basic Law of Hong Kong， in short ） already expressly stipulate that the methods for selecting the Chief Executive and for forming the Legislative Council shall be prescribed in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress， and that the ultimate aims are the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures and the election of all the members of the Legislative Council by universal suffrage. The methods for selecting the Chief Executive of the Hong Kong Special Administrative Region and for forming the Legislative Council of the Hong Kong Special Administrative Region shall conform to the principles and provisions of the Basic Law of Hong Kong mentioned above. Any change relating to the methods for selecting the Chief Executive of the Hong Kong Special Administrative Region and for forming the Legislative Council of the Hong Kong Special Administrative Region shall conform to the principles that it is compatible with the social， economic and political development of Hong Kong and that it is conductive to the balanced participation of all strata， sectors and groups of the society， to the effective operation of the executive-led system， and to the maintenance of long-term prosperity and stability of Hong Kong.
　　The participants hold that since the establishment of the Hong Kong Special Administrative Region， Hong Kong residents have enjoyed democratic rights that they had never had before. The first Chief Executive was elected by the Selection Committee， which was composed of 400 members. The second Chief Executive was elected by the Election Committee. Which was composed of 800 members. Out of the 60 members of the legislative Council， the number of members returned by geographical constituencies through direct elections has increased from 20 in the Legislative Council in the first term to 24 in the Legislative Council in the second term and will reach 30 in Legislative Council in the third term to be formed in September this year. Hong Kong does not have a long history of practicing democratic elections， and it is not seven yet since Hong Kong residents exercised the democratic right to participate in the selection of t he Chief Executive of the Special Administrative Region. Since the return of Hong Kong to the motherland， the number of members of the Legislative Council retuned by geographical constituencies through direct elections has increased by a fairly wide margin. When the setup is such that half of the members are returned by geographical constituencies through direct elections and the other half by functional constituencies， the impact on the operation of the Hong Kong society as a whole， especially the impact on the executive-led system， remains to be tested through practice. Moreover， at present， different sectors of the Hong Kong society have considerable differences on how to determine the methods for selecting the Chief Executive and for forming the Legislative Council after the year 2007 and have not come to a broad consensus. Such being the case， the conditions do not yet exist for the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures， as provided for in Article 45 of the Basic Law of Hong Kong， or for the election of all the members of the Legislative Council by universal suffrage， as provided for in Article 68 of the Basic Law of Hong Kong.
　　In view of the above and pursuant to the relevant provisions of the Basic Law of Hong Kong and the Interpretation by the Standing Committee of the National People’s Congress of Annex Ⅰ（7） and Annex Ⅱ （Ⅲ） to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China ， the Standing Committee of the National People’s Congress makes the following decision on the methods for selecting the Chief Executive of the Hong Kong Special Administrative Region in the year 2007 and for forming the Legislative Council of the Hong Kong Special Administrative Region in the year 2008：
　　（1）The election of the third Chief Executive of the Hong Kong Special Administrative Region to be held in the year 2007 shall not be conducted by means of universal suffrage. The election of the Legislative Council of the Hong Kong Special Administrative Region in the fourth term in the year 2008 shall not be conducted by means of an election of all the members by universal suffrage， the ratio between the members returned by functional constituencies and the members returned by geographical constituencies through direct elections， who shall respectively occupy half of the seats， is to remain unchanged， and the procedures for voting on bills and motions in the Legislative Council are to remain unchanged.
　　（2）On the premise that Decision （1） is not contravened， appropriate amendments that conform to the principle gradual and orderly progress may be make to the specific method for selecting the third Chief Executive of the Hong Kong Special Administrative Region in the year 2007 and the specific method for forming the Legislative Council of the Hong Kong Special Administrative Region in the fourth term in the year 2008， in accordance with the provisions of Articles 45 and 68 of the Basic Law of Hong Kong and the provisions of Annex Ⅰ（7） and Annex Ⅱ（Ⅲ）to the Basic Law of Hong Kong.
　　The participants hold that developing democracy in the Hong Kong Special Administrative Region in the light of the actual situation and in a gradual and orderly manner according to the provisions of the Basic Law of Hong Kong has been the unswerving， consistent of the Central Authorities. Along with the development and progress in all aspects of the Hong Kong society and through the joint endeavors of the Government of the Hong Kong Special Administrative Region and Hong Kong residents， the democratic system of the Hong Kong Special Administrative Region will certainly progress incessantly， and ultimately attain the aims of selecting the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures and electing all the members of the Legislative Council by universal suffrage， as provided for in the Basic Law of Hong Kong.

（Adopted at the 11th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28， 2004）
颁布日期：20040828 　实施日期：20050501 　颁布单位：全国人大常委会
　　The following Decision is made in order to improve the system of people’ assessors， ensure citizens to participate in judicial activities according to law and promote judicial justice：
　　Article 1 People’s assessors shall be appointed in accordance with this Decision， they shall participate in judicial activities of the People’s Court according to law and enjoy equal rights with the judges， except that they cannot serve as presiding judges.
　　Article 2 The trial of the following cases of first instance by the People’s Court shall be conducted by a collegial panel composed of people’s assessors and judges， with the exception of the trial of cases to which the summary procedure is applicable and cases otherwise provided for by law：
　　（1）criminal， civil and administrative cases which have a relatively greater bearing on the society； and
　　（2）cases where the defendants of criminal cases， the plaintiffs or defendants of civil cases， and the plaintiffs of administrative cases apply for the conduct of the trial by a collegial panel with the participation of people’s assessors.
　　Article 3 When a case is to be tried by a collegial panel composed of people’s assessors and judges， the number of people’s assessors in the collegial panel shall be not less than one-third of the total number of the persons in the panel.
　　Article 4 A citizen serving as a people’s assessor shall meet the following requirements：
　　（1）supporting the Constitution of the People’s Republic of China；
　　（2）having reached the age of 23 years old；
　　（3）being of good conduct， an being impartial and upright； and
　　（4）being in good health.
　　A people’s assessor shall generally be a graduate from a university or college at least.
　　Article 5 No one from the standing committee of a people’s congress， a People’s Court， a People’s Procuratorate， a public security organ， a State security organ or a judicial administrative organ and on practicing lawyer shall serve as a people’s assessor.
　　Article 6 None of the following persons shall serve as a people’s assessor：
　　（1）persons who have been subjected to criminal punishment for criminal offences； and
　　（2）persons who have been discharged from public employment.
　　Article 7 As to the number of people’s assessors， a basic People’s Court shall， in light of the need for the trial of a case， advance a request to the standing committee of the people’s congress at the same level for decision.
　　Article 8 A citizen who meets the requirements for a people’s assessor may be recommended to the basic People’s Court by the unit to which he belongs or by the grass-roots organization at the place where his permanent residence is registered， or the citizen himself may make an application for the matter， and upon examination made by the basic People’s Court together with the judicial administration organ of the people’s government at the same level， the president of the basic People’s Court shall put forth the name of the person selected for people’s assessor to the standing committee of the people’s congress at the same level for appointment.
　　Article 9 The term of office for people’s assessors shall be five years.
　　Article 10 It is the right and obligation of people’s assessors to participate in judicial activities according to law. The participation of the people’s assessors in judicial activities according to law shall be protected by law.
　　People’s Courts shall， in accordance with law， ensure that the people’s assessors participate in judicial activities.
　　The units to which the people’s assessors belong or the grass-roots organizations at the place where their permanent residences are registered shall ensure that the people’s assessors participate in judicial activities according to law.
　　Article 11 When participating in the trial of cases as members of a collegial panel， people’s assessors shall independently exercise their right to vote as the establishment of facts and the application of law.
　　The principle of the minority being subordinate to the majority shall be practiced in the deliberation of cases by a collegial panel. Where people’s assessors have differences of opinion with other component members of the collegial panel， such differences shall be put down in writing； and if necessary， the people’s assessors may request the collegial panel to submit the case to the president of the People’s Court for decision as to whether to deliver the case to the judicial committee for discussion and decision.
　　Article 12 Withdraw shall be made by a people’s assessor mutatis mutandis pursuant to the provisions of laws on the withdrawal of judges.
　　Article 13 When participating in judicial activities， people’s assessors shall abide by the provisions on the duties performed by judges， keep judicial secrets， pay attention to judicial protocol and preserve judicial image.
　　Article 14 Where， according to law， the trial of a case by a basic People’s Court need to be conducted by a collegial panel with the participation of people’s assessors， such people’s assessors shall be decided on by random selection from their name list.
　　Where， according to law， the trial of a case by an intermediate People’s Court or a higher People’s Court need to be conducted by a collegial panel with the participation of people’s assessors， such people’s assessors shall be decided on by random selection from the name list of the people’s assessors of the basic People’s Court in the city where the intermediate or higher People’s Court is located.
　　Article 15 Basic People’s Court shall， together with the judicial administration organs of the people’s government at the same level， conduct training among the people’s assessors in order to enhance the qualification of the people’s assessors.
　　Article 16 People’s assessors who have achieved significant successes or other outstanding deeds in their judicial work shall be commended and rewarded.
　　Article 17 Where a people’s assessor is in any one of the following circumstances， which is proved to be true through investigation by the primary People’s Court， to which he belong， together with the judicial administration organ of the people’s government at the same level， the president of the primary People’s Court shall request the standing committee of the people’s congress at the same level that the people’s assessor is dismissed from service：
　　（1）he himself apples for resignation from the service；
　　（2）he refuses to participate in judicial activities without justifiable reason， thus adversely affecting the normal process of the judicial work；
　　（3）he is in one of the circumstances as specified in Articles 5 and 6 of this Decision； and
　　（4）in violation of laws and regulations on judicial work， he resorts to malpractices for personal gains， thus leading to an erroneous judgment or other serious consequences.
　　If a people’s assessor commits the act as specified in Subparagraph （4） of the preceding paragraph， which constitutes a crime， he shall be investigated for criminal responsibility according to law.
　　Article 18 With respect to the expenses paid for their transportation and meals by people’s assessors in other to participate in judicial activities， the People’s Courts shall give subsidies.
　　During the period when the people’s assessors who have work units participate in judicial activities， the units to which they belong shall not withhold or withhold in disguised form， their wages， bonuses and other welfare benfits.
　　During the period when the people’s assessors who do not have fixed incomes participate in judicial activities， the People’s Courts shall give them subsidies on the basis of the number of their actual working days and， mutatis mutmandis， in accordance with the average monetary wage level of the local workers and staff members in the previous fiscal year.
　　Article 19 The subsidies， which the people’s assessors are entitled to for their participation in judicial activities， and the expenses， which are entailed for implementation of the system of people’s assessors by the Peoples’ Courts and the judicial administrative organs， shall incorporated into the operational expenditures of the People’s Courts and the judicial administrative organs， and the governments at the corresponding level shall guarantee such expenditures.
　　Article 20 This Decision shall go into effect as of May 1， 2005.

银发[2002]102号
(Issued by the People’s Bank of China on 23 April 2002.)
颁布日期：20020423 　实施日期：20020423 　颁布单位：中国人民银行
　　All branches and business management departments of the People’s Bank of China and all policy banks, wholly State-owned commercial banks and share system commercial banks:
　　We hereby notify you concerning questions relevant to the implementation of the Administration of Online Banking Services Tentative Procedures (Order [2001] No. 6 of the People’s Bank of China, hereafter the Procedures), as follows:
　　1. Approval to Offer Online Banking Services
　　(1) Procedure for Approval to Offer Online Banking Services
　　Pursuant to Articles 7 and 9 of the Procedures, the People’s Bank of China (PBOC) implements the principle of “first level oversight” over market access for online banking services offered by banking institutions: when any type of banking institution wishes to launch online banking services, its head office shall apply to the head office, branch or business management department of the PBOC. If a bank wishes to increase the types of online banking service products it offers after it has obtained approval to offer online banking services, its head office or chief reporting bank shall apply to the head office, branch or business management department of the PBOC.
　　When a bank adds service products offered over the internet that do not require examination and approval or record filing by the PBOC, it may commence to offer such services upon submission of a prior written report thereon by its head office or chief reporting bank to the head office, branch or business management department of the PBOC, without the need for a reply from the PBOC.
　　When a share system commercial bank whose head office is located outside of Beijing or the head office or chief reporting bank of a Sino-foreign equity joint venture bank, wholly foreign-owned bank or branch of a foreign bank submits an application or report to the head office of the PBOC, it shall send copies to the appropriate branch or business management department of the PBOC as well as the competent local PBOC branch. If, during the period of examination, the appropriate branch or business management department of the PBOC or the competent local PBOC branch has an objection, it may give its feedback to the head office of the PBOC in a timely manner.
　　If a (sub-)branch of a bank, or a foreign bank’s branch other than its chief reporting branch, wishes to launch additional online banking services that fall within the scope of the online banking services for which its head office or chief reporting bank has obtained approval, it may do so upon receiving internal authorization and submitting a prior written report thereon to the competent local PBOC branch, without the need for a reply from the PBOC.
　　After receipt of a report from a (sub-)branch of a bank, or from a foreign bank’s branch other than its chief reporting branch, the competent local PBOC branch shall supervise and examine the said institution’s offering of online banking services in a timely manner and report any problems it discovers to the branch of the PBOC at the next higher level.
　　Pursuant to Article 26 of the Procedures, the PBOC has the power to appropriately punish commercial banks that offer new online banking services without submitting a prior report thereon to the PBOC.
　　(2) Format of the Approval to Offer Online Banking Services
　　Responses to commercial banks applying to offer online banking services governed by the record filing system shall uniformly be made using a “Notice of Record filing”, which shall be dispatched directly after the regulatory department of the PBOC affixes its official seal thereto.
　　For applications to offer online banking services governed by the examination and approval system, the PBOC shall issue an official written reply to the commercial bank.
　　(3) Additional Information to be Submitted
　　When a banking institution makes its initial application to offer online banking services, it shall submit, in addition to the relevant information specified in Article 8 of the Procedures, the following materials and information pursuant to Item (8) of Article 8 of the Procedures:
　　1) its registered website name;
　　2) a demo optical disk that demonstrates the user interface and introduces the basic structure of the operating system for the services of the applying institution;
　　3) a branch of a foreign bank shall also submit a report on the online banking services offered by its parent, the specific contents of which shall include the types of service products, the scale of the services, the risk management measures, etc.
　　2. Key Points of Examination of Applications to Offer Online Banking Services
　　When examining applications by banking institutions wishing to offer online banking services, the regulatory department of the PBOC shall ascertain the following key points:
　　(1) Risk management capabilities
　　Institutions applying to offer online banking services shall have qualified management personnel and professional personnel and shall establish methods and a management system to recognize, monitor, control and manage online banking service risks.
　　(2) Security assessment
　　Banks that wish to offer online banking services shall have the security of their service operations assessed. When examining such work of banks, the regulatory department of the PBOC shall ascertain the following:
　　(i) The security assessment shall be carried out by a qualified institution or organization.
　　The assessment institution selected by a bank may be the bank’s internal auditing department, an external assessment institution recognized by the bank’s department-in-charge of the bank or a panel of experts organized by the bank itself. When assessing whether the assessment institution or organization is qualified, consideration shall be given to whether the assessment institution or organization is independent from the department that developed and the department that operates the online banking system and whether it has professional assessors. Professional assessors shall have thorough knowledge of relevant domestic and international industry standards and professional skills and shall be competent to assess the security of online banking services.
　　(ii) The security assessment report shall be submitted to the PBOC. The security assessment report shall meet the following minimum requirements:
　　1) The assessment report shall specify the scope of the assessment. The assessment shall stress the assessment of information system security, including such aspects as security strategy, physical security, data communications security, application system security, etc.
　　2) The assessment report shall specify the domestic and international standards on which the assessment was based and render a judgment on whether the operational system for the online banking services meets such standards.
　　3) The assessment report shall point out any latent security flaws and make proposals for remedying the same and render an unequivocal conclusion on the security of the online banking services.
　　4) The assessment report shall be signed by the relevant persons in charge. Firstly, the assessment report shall be signed by the person in charge of the assessment institution or organization. If the assessment was carried out by a panel of experts organized by the bank itself, the report shall expressly indicate which part of the assessment each expert was responsible for and be signed by each such expert. If the assessment was carried out by the bank’s internal audit department or by an external assessment institution, the assessment report shall be signed by the top person in charge of the internal audit department or external assessment institution. Secondly, the assessment report shall be signed, to show confirmation of the results, by the person in charge of the bank’s department-in-charge, the manager of the bank-in-charge or the bank manager.
　　Banking institutions that launched their online banking services with the approval of the PBOC before the promulgation of the Procedures shall have the security of their online banking service operations assessed anew in accordance with the requirements of the Procedures and this Circular and submit a supplementary assessment report.
　　(3) Contingency and service continuity plans for online banking services
　　Contingency and service continuity plans for online banking services shall cover at least the following four aspects:
　　1) Information on system backup, including software and hardware backup and data backup. The focus of such examination shall be on the location of the core system of the backup system (e.g. the mainframe computer) and the level of security of the backup system. The location of the core system of the backup system shall be such as to ensure it will not be affected if the current system fails and the level of security of the backup system shall not be lower than that of the current system.
　　2) Accident handling. This aspect mainly covers the response measures and implementing procedures in case of a sudden system failure and service interruption due to a natural disaster or sudden contingency (e.g. earthquake, lightning strike, abnormal power outage, physical damage due to an outside force, etc.), including the activation of backup equipment, measures to restore the system and data, etc.
　　3) Handling of illegal access and attacks. This aspect mainly covers the response measures and implementing procedures in case of internal or external illegal access and attacks that result in data theft, loss of funds, damage to programs, system paralysis, etc.
　　4) System and arrangements for periodic testing of the rationality and effectiveness of the service operation contingency plan and continuity plan, including:
　　5) a schedule for periodic testing should be in place;
　　6) testing should be done under the direct supervision of senior management;
　　7) any problems discovered during testing should be solved in a timely manner, etc.
　　(4) Internal monitoring capabilities
　　Institutions applying to offer online banking services shall establish an audit system for their online banking services and shall have appropriate personnel to audit such services.
　　3. Requirements on Oversight of, and Reporting on, Online Banking Services
　　Existing PBOC requirements on risk oversight governing traditional banking services shall also apply to online banking services. However, the complexity and formidability of the task of overseeing online banking services need to be fully realized, the oversight of technology related risks needs to be stressed, banking institutions shall be urged to strengthen examinations of the security of their online banking service operations and the training of the personnel overseeing online banking services shall be improved, so as to establish professional capabilities to oversee such services.
　　Additionally, the PBOC shall urge commercial banks to establish online banking service information management systems and report on the status of the operation of, and problems existing in, their online banking services to the PBOC in accordance with the following requirements:
　　(1) periodically submitting to the regulatory and statistics departments of the PBOC and its (sub-)branches a Statistical Table on the Basic Information Concerning Online Banking Services, submitting, by 10 April, 10 July and 10 October each year, information on the online banking services offered during the preceding quarter, submitting, by 10 January each year, information on the online banking services offered during the fourth quarter of the preceding year and submitting, by 20 January each year, information on the online banking services offered during the entire preceding year;
　　(2)submitting, at the beginning of each year, a report summing up basic information concerning the online banking services offered during the preceding year, existing problems and development plans for the current year to the regulatory department of the PBOC;
　　(3)pursuant to Article 24 of the Procedures, establishing a system for reporting major online banking service operational matters and reporting to the regulatory authority such major matters as major security leaks, hacker intrusions, changes in internet address names, etc. that occur in the course of operating online banking services.
　　All banking institutions shall, commencing from the first quarter of 2002, report to the PBOC information on their online banking services using the prescribed report format. The regulatory department of the PBOC has the right to punish, in accordance with relevant provisions, those banking institutions that fail to report the basic information on their online banking services and risk status in accordance with requirements.
　　4. Miscellaneous Matters
　　Pursuant to the PRC, Commercial Banking Law, the offering of online banking services by urban credit cooperatives, rural credit cooperatives and postal savings institutions may be handled by reference hereto.
　　All branches and business management departments of the PBOC are requested to transmit this Circular to such relevant financial institutions in their jurisdictions as foreign-funded banks, etc. after receipt hereof.

(Adopted at the 12th Meeting of the Standing Committee of the Tenth National People’s Congress on October 27, 2004)

颁布日期：20041027 　实施日期：20041027 　颁布单位：全国人大常委会

　　At its 12th Meeting, the Standing Committee of the Tenth National People’s Congress made the following decision: In accordance with the provisions of Article 30 of the Amendment to the Constitution of the people’s Republic of China, the term of office of the people’s congresses of townships, nationality townships and towns shall be changed from three years to five years. The standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the concrete conditions of their own administrative areas and the principle that the re-election of the deputies to the people’s congresses at the county and township levels shall be conducted simultaneously, arrange the re-election of the deputies to the people’s congresses at the county and township levels within their own administrative areas between July 1, 2006 and December 31, 2007.

（Adopted at the 11th meeting of the Standing Committee of the Sixth National People’s Congress， promulgated by Order No.26 of the President of the People’s Republic of China on June 18， 1985， and effective as of October 1， 1985）
时效性：已被修正　 颁布日期：19850618 　实施日期：19851001 　失效日期：20030301 　颁布单位：全国人大常委会
　　Article 1 This Law is formulated in accordance with the provisions of the Constitution of the People’s Republic of China with a view to improving the protection， management and development of grasslands and ensuring their rational use； protecting and improving the ecological environment； modernizing animal husbandry； enhancing the prosperity of the local economies of the national autonomous areas； and meeting the needs of socialist construction and the people’s life.
　　Article 2 This Law shall be applicable to all grasslands within the territory of China， including hills and lands covered with grass.
　　Article 3 The department of farming and animal husbandry under the State Council shall be in charge of administration concerning the grasslands in the whole country. The departments of farming and animal husbandry of the local people’s governments at the county level and above shall be in charge of administration concerning the grasslands in their respective administrative areas.
　　Article 4 The grasslands are owned by the state， that is， by the whole people， with the exception of the grasslands that are owned by collectives in accordance with the law.
　　Grasslands under ownership by the whole people may be assigned to collectives for long-term use. Grasslands under ownership by the whole people， those under collective ownership， and those under ownership by the whole people that are assigned to collectives for long-term use may be contracted by collectives or individuals for pursuits in animal husbandry.
　　With respect to grasslands used by units under ownership by the whole people， the local people’s governments at the county level or above shall register such grasslands， issue certificates to the said units after verification thus establish their right to use such grasslands. With respect to grasslands under collective ownership and those under ownership by the whole people that are assigned to collectives for long-term use， the local people’s governments at the county level shall register such grasslands， issue certificates to the collectives after verification and thus establish their right of ownership of the grasslands or their right to use them.
　　The right to own or use grasslands shall be protected by law and may not be infringed upon by any unit or individual.
　　Article 5 If there is a need for temporary adjustments in the use of grasslands under special circumstances， such as in the event of natural disasters， the matter shall be settled by the parties concerned through negotiation on the principles of voluntariness and mutual benefit. Where there is a need for temporary adjustments in the use of grasslands that cross the borders of different counties， the county people’s governments concerned shall sponsor negotiations for the settlement of the matter.
　　Article 6 Disputes over the right of ownership of grasslands or the right to use them shall be settled by the parties concerned through negotiation on the principle of mutual understanding and mutual accommodation in the interest of unity. If no agreement can be reached through such negotiation， the disputes shall be handled by the people’s governments.
　　Disputes over the right of ownership of grasslands or the right to use them that arise between units under ownership by the whole people， between units under collective ownership or between units under ownership by the whole people and those under collective ownership shall be handled by the people’s governments at the county level or above.
　　Disputes over the right to use grasslands that arise between individuals， between individuals and units under ownership by the whole people or between individuals and units under collective ownership shall be handled by the people’s governments at the township or county level.
　　If the parties concerned disagree with the decision made by the people’s government， they may file suit in a people’s court within one month after they have been informed of the decision.
　　Pending the settlement of a dispute， none of the parties concerned may destroy the resources of the grasslands in question or the facilities therein.
　　Article 7 W hen grasslands owned by collectives are to be requisitioned for state construction the matter shall be handled in accordance with the provisions of the Regulations Concerning Land Requisition for State Construction.
　　If grasslands under ownership by the whole people that are assigned to collectives for long-tern use are to be used for state construction， due compensation shall be paid to the collectives concerned and proper arrangements made for the productive pursuits and livelihood of herdsmen with reference to the provisions of the Regulations Concerning Land Requisition for State Construction.
　　If grasslands in national autonomous areas are to be requisitioned or used for state construction， due consideration shall be given to the interests of the national autonomous areas and arrangements made in favour of the economic development of those areas.
　　The temporary use of grasslands for state construction shall be effected in accordance with the provisions of the Regulations Concerning Land Requisition for State Construction. When the period of use expires， the unit that has used the grasslands shall restore the grassland vegetation.
　　Article 8 The local people’s governments at various levels shall be responsible for conducting general surveys of grassland resources within their respective administrative areas and formulating plans for the development of animal husbandry， which shall be incorporated into the plans for national economic development， in order to improve the protection of the grasslands， promote their development and ensure their rational use， and increase the capacity for raising livestock on the grasslands.
　　Article 9 The state shall encourage scientific research in animal husbandry on the grasslands in order to raise the scientific and technological level in this field of endeavour.
　　The state shall encourage the growing of grass in farming， forestry and pastoral areas and in cities and towns so as to promote the development of animal husbandry and improve the ecology.
　　The state shall protect the ecology of the grasslands， to prevent and control pollution.
　　Article 10 Rigorous measures shall be adopted to protect the vegetation of the grasslands； land reclamation sand destruction of grasslands shall be prohibited. Reclamation of limited stretches of grassland by users of such land must be approved by the local people’s governments at the county level or above. Where land reclamation has already caused aridity or serious soil erosion， the local people’s governments at the county level or above shall close the area for a limited time and order the reclaimers to restore the vegetation and defer farming for a return to animal husbandry.
　　Article 11 Persons who wish to cut shrubs， dig medicinal herbs or wild plants on the grasslands， scrape alkaline earth off the grasslands or move away fertile soil must secure the agreement of the users of the grasslands and the approval of the people’s governments at the township or county level； they must operate within the designated areas， fill the holes in the ground immediately after digging and deep part of the mother plants intact.
　　Cutting or digging shrubs， medicinal herbs or other sand-fixation plants on desert or semi-desert grasslands or in arid areas shall be prohibited. No one may collect rare and precious wild plants from the grasslands without the approval of a people’s government at the county level.
　　Article 12 Grasslands shall be used rationally and overgrazing prevented. Where aridity， degeneration or soil erosion occurs as a result of overgrazing， users of the grasslands shall be required to reduce grazing and resow forage grass so as to restore vegetation. Where man-made grasslands have already been established， extra control shall be administered； they shall be rationally managed and used in a scientific way， so as to prevent degeneration.
　　Article 13 The local people’s governments at various levels shall take measures to combat grassland pests and mice and protect beneficial animals and birds that feed on pests and mice.
　　Article 14 The local people’s governments at various levels shall take measures to prevent and treat endemic diseases among livestock and diseases contracted commonly by both human beings and livestock in grassland areas.
　　Hunters of wild animals on the grasslands shall be required to observe strictly the regulations of the local people’s governments concerning the prevention of epidemic diseases.
　　Article 15 Motor vehicle drivers shall take care to protect the grasslands when driving across them. Where there are regular highways， vehicles may not deviate from them.
　　Purchasers of domestic animals shall drive and graze them along designated routes and may not contend with herdsmen over grazing grounds or water resources.
　　Article 16 Efforts shall be strengthened to prevent fires on the grasslands， implementing the principle of “put prevention first and combine prevention with elimination.” A responsibility system for fire prevention shall be instituted， Fire prevention rules and pledges shall be formulated and specific periods shall be designated for fire prevention on the grasslands， During those periods， safety measures shall be adopted and rigorously administered. When a grassland fire breaks out， masses of people should be organized promptly to put it out， the cause of the fire and the losses sustained should be determined through investigation and the case should be handled without delay.
　　Article 17 Units or individuals that have achieved outstanding success in protecting， managing and developing the grasslands or in developing animal husbandry on the grasslands shall be given commendation or material awards by the local people’s governments at various levels.
　　Article 18 When a person’s right of ownership of grasslands or his right to use them has been infringed upon， he may apply for settlement to the farming and animal husbandry department of the local people’s government at the county level or above. The farming and animal husbandry department concerned shall have the power to order the infringing party to stop such infringement and compensate for the losses sustained by the victim. The victim may also directly file suit in a people’s court.
　　Article 19 The farming and animal husbandry departments of the local people’s governments at the county level or above shall have the power to order anyone who reclaims grassland in violation of the provisions of this Law to stop reclaiming it and restore vegetation； a fine may be imposed in serious cases.
　　Article 20 If anyone damages the vegetation of the grasslands by cutting or digging sand-fixation plants or other wild plants or by moving away soil in violation of the provisions of this Law， the people’s governments at the township level and the farming and animal husbandry departments of the people’s governments at the county level shall have the power to stop him and order him to restore the vegetation and compensate for the losses. A fine may be imposed in serious cases.
　　Article 21 If a party concerned disagrees with the decision on a fine or compensation as made by the relevant farming and animal husbandry department of a local people’s government or by a people’s government at the township level， it may file suit in a people’s court within one month of being informed of the decision. If upon the expiration of the period a party concerned has neither filed suit nor obeyed the decision by paying the fine， the relevant farming and animal husbandry department of the local people’s government or the people’s government at the township level may request the people’s court for compulsory execution.
　　Article 22 The farming and animal husbandry department under the State Council shall， in accordance with this Law， formulate rules for its implementation and shall submit them to the State Council for approval before they are put into effect.
　　The standing committees of the people’s congresses of autonomous regions and provinces may formulate rules for the implementation of this Law in accordance with the provisions of the Constitution and the principles laid down in this Law and in the light of the characteristics of their respective localities， and they shall submit the rules to the Standing Committee of the National People’s Congress for the record.
　　Article 23 This Law shall come into force as of October 1， 1985.

　　第3001条 简短标题；援引　　(a) 简短标题──本章可被引用为《反域名抢注消费者保护法》；　　(b) 对《1946年商标法》之援引──本章中对《1946年商标法》之任何援引均应指对于1946年7月5日批准的名为《对商业使用之商标的注册和保护作出规定、执行某些国际公约的条款及为其他目的之法案》(15 U.S.C. 1051及随后条款)之法案之援引。　　第3002条 域名抢注之防范　　(a) 一般规定──在《1946年商标法》第43条(15 U.S.C. 1125)末尾加入以下内容进行修正：　　[d](1)　　(A) 一个人应在由商标(包括根据本条作为商标保护的人名)所有人提起的诉讼中承担责任，无需考虑各方的商品或服务，若该人──　　(i) 有从该商标(包括根据本条作为商标保护的人名)获利的恶意意图；并且　　(ii) 注册、交易或使用某一域名──　　(I) 在该域名注册之时该商标具有显著性的情况下，该域名与该商标完全相同或混淆性相似；(II) 在域名注册之时该商标为驰名商标的情况下，该域名与该商标完全相同或混淆性相似或淡化了该商标；或(III) 因《美国法典》第18编第706条，或《美国法典》第36编第220506条而受保护之商标、文字或名称(指由美国奥林匹克委员会对奥运五环标记拥有之权利──译者注)。　　(B) (i) 在判断某人是否具有(A)目所述之%26quot;恶意意图%26quot;时，法院可考虑但不限于下列因素，如──　　(I) 该域名中所含有的该人的商标或其他知识产权权利(如果有的话)；(II) 该域名中包括该人真名或其他通常用于识别该人名称的程度；(III) 该人在与任何商品或服务的真实提供过程中，对于该域名先前进行过的任何使用(如果有的话)；　　(IV) 该人在该域名之下可到达的网站中，对于商标善意地非商业性使用或合理使用；(V) 该人有否通过对网站在来源、主办关系、从属关系或批准关系制造令人发生混淆的可能性，或为了牟取商业收益，或带有抹黑或贬损商标的意图，故意将消费者由商标所有人所在的网上位置转移至可能侵害商标代表的商誉的、该域名之下可抵达网站的意图；(VI) 该人是否曾经为营利目的向商标持有人或任何第三方发出过转让、销售或以其他方式出让该域名的要约，但实际却没有在任何商品或服务的真实提供过程中对于该域名进行过任何使用或没有使用该域名的意图，或该人先前曾从事过类似行为；(VII) 该人在申请域名注册之时提供重大的、误导性的错误联络信息，该人蓄意不保持联络信息的准确性，或该人先前曾从事过类似行为；(VIII) 该人注册或收购大量域名，并且该人知道这些域名与他人所有的、在该等域名注册时具有识别性的商标完全相同或混淆性相似，或对他人所有的、在该等域名注册时具有知名度的驰名商标构成了淡化，而无需考虑各方的商品或服务；以及(IX) 该人的域名注册中所包含的商标在第43条第(c)(1)款规定的含义之内，具有或不具有识别度或知名度的范围。　　(ii) 在任何案件中，若法院确认该人相信并有合理依据相信对域名的使用是合理使用或者是合法的，则不应被认定为存在(A)目所述之%26quot;恶意意图%26quot;。　　(C) 在根据本段提起的涉及对域名的注册、交易或使用的任何民事诉讼中，法院可命令没收或注销该域名，或将该域名转让予商标的所有人。　　(D) 只有域名注册者或该注册者授权的被许可人才应对(A)目规定之下的域名使用行为承担责任。　　(E) 本段之中使用的%26quot;交易%26quot;一词系指包括但不限于销售、购买、出借、质押、许可、货币交换和任何其他换取对价的转让或作为对价接受的交易。　　[d](2)　　(A) 商标所有人可以在域名注册员，域名登记机构或其他进行域名注册或分配的域名管理机构所在地的司法区域内对域名提起对物民事诉讼，若──　　(i) 该域名侵犯了已在专利与商标局注册的或依第(a)或(c)款受保护的商标所有人的任何权利，且　　(ii) 法院查明该所有人──　　(I) 无法对依第(1)段提起的民事诉讼中本应作为被告的一方取得对人管辖；或者(II) 通过下列方式，经审慎调查后无法找到依第(1)段提起的民事诉讼中本应作为被告的一方──　　(aa) 按注册者向注册机构提供的邮政和电子邮件地址向注册者发出含有所指控的侵犯行为和意欲依本段规定继续行事的通知；且(bb) 在起诉之后，根据法院可能给出的指示，及时将诉讼通知公布。　　(B) (A)(ii)目之下的各项行为应构成送达程序。　　(C) 在依本段提起的对物诉讼中，一域名应被视为在以下司法区域内有其所在地──　　(i) 域名注册员，域名登记机构或其他进行域名注册或分配的域名管理机构所在的司法区域；或　　(ii) 保管足以确立与域名的注册和使用的处分权相关的控制及管理文件的法院所在的司法区域。　　(D) (i) 本段之下对物诉讼的救济措施应仅限于没收或注销域名，或将域名转让给商标所有人的法院命令。在收到由商标所有人依本段规定向美国联邦地区法院已提交之起诉书加盖印鉴的副本后，域名注册员，域名登记机构或其他域名管理机构应──　　(I) 迅速将足以确立与法院对域名的注册和使用的处分权相关的控制和管理文件提交于法院保管；并且(II) 除非根据法院命令，在诉讼未决过程中不得转让，中止或以其他方式修改域名。　　(ii) 除非有恶意或故意漠视(包括蓄意不遵守任何法院命令)之情形，否则域名注册员、域名登记机构或其他域名管理机构不应对依本段作出之禁令性或金钱性救济承担责任。　　[d](3) 依第(1)段提起之民事诉讼与依第(2)段提起之对物诉讼及根据上述任一种诉讼所能获得的任何救济，均应是对其他可适用的任何其他民事诉讼或救济的补充。　　[d](4) 依第(2)段确立之对物管辖权，应是对其他既有的任何其他形式管辖权(无论为对物或是对人)的补充。　　(b) 域名抢注中对个人的保护──　　(1) 一般规定──　　(A) 民事责任──任何人若注册了包含有另一个在世者姓名，或与该在世者的姓名实质性和混淆性相似的域名，而未经该在世者同意，并有通过向该在世者或任何第三方出售域名换取经济收入以从该域名中获取利润的特定意图，则该注册人应在由该在世者提起的民事诉讼中承担责任。　　(B) 例外规定──若某人以善意注册包含有另一个在世者姓名，或与该在世者的姓名实质性和混淆性相似的域名，若该等名称在根据《美国法典》第17编受到保护的作品(包括如《美国法典》第17编第101条所定义的雇佣作品)中使用、附属于该作品或与其有关连，并且若该注册域名者是作品的版权所有人或被许可人，该人在正当利用作品的过程中试图出售该域名，并且该等注册不受注册者与被提及姓名者之间合同的禁止，则该人不应根据本段规定承担责任。本目规定的例外应仅在根据第(1)段提起的民事诉讼中适用，并且在任何情况下均不应对根据《1946年商标法》(15 U.S.C. 1051及随后条款)、联邦或州法律提供的保护构成限制。　　(2) 救济──在根据第(1)段提起的任何民事诉讼中，法院可提供禁令性救济，包括没收或撤销域名或将域名转让给原告。法院可同时依其酌定权，判令胜诉方获偿诉讼费用和律师费。　　(3) 定义──在本款中，%26quot;域名%26quot;一词应具有《1946年商标法》第45条(15 U.S.C. 1127)所列举的含义。　　(4) 生效日期──本款应适用于本法案制定颁布之日及之后注册的域名。　　第3003条 赔偿金与救济方法　　(a) 域名抢注情况下的救济──　　(1) 禁令──《1946年商标法》第34条(a)(15 U.S.C. 1116(a))的第一句删去%26quot;(a)或(c)%26quot;，加入%26quot;(a)、(c)或(d)%26quot;。　　(2) 赔偿金──《1946年商标法》第35条(a)(15 U.S.C. 1117(a))的第一句在%26quot;第43条(a)%26quot;之后加入%26quot;、(c)或(d)%26quot;。　　(b) 法定赔偿金──《1946年商标法》第35条(15 U.S.C. 1117)在其结尾处增加以下内容：　　%26quot;(d) 在涉及违反第43条(d)(1)的案件中，在初审法院作出最后判决之前的任何时间，原告可选择获取数额为每个域名不少于1,000美元且不多于100,000美元，由法院认为公允而确定之法定赔偿金判决，而取代获取实际损失和利润的赔偿。%26quot;　　第3004条 责任限制　　《1946年商标法》第32(2)条 (15 U.S.C. 1114)修改如下──　　(1) 在第(A)目之前的引言中删去%26quot;根据第43条(a)%26quot;，加入%26quot;根据第43条(a)或(d)%26quot;；及　　(2) 将原来的(D)目重新编号为(E)目，并在(C)目后加入以下内容：　　(D) (i)　　(I) 实施第(ii)款规定的任何影响域名行为的域名注册员、域名登记机构或其他域名注册管理机构，不应为该等行为向任何人承担金钱性救济，或禁令性救济(除第(II)款的规定之外)，不论域名是否最终被认定为侵犯或淡化了某一商标。　　(II) 第(I)款所述之域名注册员、域名登记机构或其他域名注册管理机构仅在该等注册员、登记机构或注册管理机构从事下列行为之时受禁令性救济之约束──　　(aa) 未能迅速将足以确立与法院对域名的注册和使用的处分权相关的控制和管理文件提交于已受理与域名的处分权相关诉讼的法院保管；(bb) 除根据法院命令外，在诉讼未决过程中转让、中止或以其他方式修改了域名；或(cc) 故意不遵守任何该等法院命令。　　(ii) 第(i)(I)所述之行为系指：(I)为遵守第43(d)条规定之法院命令；或(Ⅱ)该等注册员、登记机构或管理机构在执行禁止注册与他人商标相同、混淆性相似或淡化他人商标的域名的合理政策过程中，所采取的任何拒绝注册、移除注册、转让、暂时屏蔽或永久注销某一域名的行为。　　(iii) 若无法表明有从注册或维持某一域名过程中牟利之恶意意图，域名注册员、域名登记机构或其他的域名注册管理机构不应为注册或维持某一域名而向他人承担本条规定之赔偿责任。　　(iv) 若域名注册员、域名登记机构或其他域名注册机构基于任何第三人关于某域名与某一商标相同或混淆性相似，或淡化了某商标的明知且重大的虚假陈述而采取第(ii)款所述之行为，则该作出明知且重大虚假陈述之人应有义务承担赔偿责任，包括域名注册人遭受之任何损失(含诉讼费和律师费)。法院亦可向域名注册人提供包括重新激活域名或将域名转让给域名注册人在内的禁令性救济。　　(v) 域名注册人的域名被依据第(ii)(II)款所述之政策被中止、屏蔽或转让之后，可在向商标所有人发出通知之后，提起民事诉讼以确立该注册人对域名之注册及使用根据本法案并不非法。法院可向该域名注册人提供包括重新激活域名或将域名转让给域名注册人在内的禁令性救济。　　第3005条 定义　　在1946年《商标法》第45条(15 U.S.C. 1127)对于%26quot;假冒%26quot;一词定义的未编号段落之后，加入以下内容进行修改：　　%26quot;域名%26quot;是指由任何域名注册员、域名登记机构或其他域名注册管理机构注册或分配的任何包括文字与数字的名称，作为互联网络之上电子地址的一部分。　　%26quot;互联网络%26quot;一词具有1934年《通讯法》第230(f)(1)条(47 U.S.C. 230(f)(1))所定义的含义。　　第3006条 对涉及人名的滥用性域名注册进行调研　　(a) 一般规定──在本法案通过后180日内，商务部长在同专利与商标局及联邦选举委员会协商后，应就解决涉及某人注册或使用包含另一人的姓名整体或局部，或将与该人姓名混淆性相似的名称注册为域名所引发争议的方针和程序进行调研，并向国会提交建议性报告，其中应考虑和就以下议题提出建议──　　(1) 防止姓名被他人注册为二级域名，以达到通过出售或以其他方式将该等域名转让给原有人或任何第三人换取经济收入的目的；　　(2) 防止个人姓名被他人以损害该个人名誉或与该个人姓名相关的商誉的恶意目而恶意使用为二级域名；　　(3) 保护消费者，防止二级层域中含有姓名的域名被注册和使用，以故意或可能造成公众对域名注册人同姓名持有人之间的从属、联系或关联关系，或该域名下可进入的网站与姓名持有人之间的关系，或对商品、服务或域名注册人的商事活动的来源、出资或批准等方面的混淆或欺骗；　　(4) 保护公众，防止包含美利坚合众国内联邦、州或地方政府官员、官员候选人和政治职位的潜在候选人的姓名被注册为域名，并以破坏选举进程或对公众接触有关该等个人精确和可靠信息的能力构成破坏的方式被使用；　　(5) 现有的救济方式(无论依据州法或其他)，和该等救济方式在何种程度上才足以体现第(1)至第(4)段所考虑的因素；以及　　(6) 互联网络名称及数码指定公司的方针、程序及政策及他们对体现第(1)至第(4)段因素考虑的程度。　　(b) 方针和程序──商务部长应根据其与互联网络名称及数码指定公司的备忘录，协同制定解决涉及某人注册或使用包含另一人姓的名整体或局部，或将与该人姓名混淆性相似的名称注册为域名所引发争议的方针和程序。　　第3007条 史迹保存　　在《国家史迹保存法案》第101(a)(1)(A)条(16 U.S.C. 470a(a)(1)(A))末尾增添如下内容：%26quot;尽管有于1946年7月5日批准之《对商业使用之商标的注册和保护作出规定、执行某些国际公约的条款及为其他目的之法案》(通称为《1946年商标法》(15 U.S.C. 1125(c)))第43(c)条之规定，已登录于或有资格登录于《国家史迹注册名录》之上的建筑物和筑造物(无论为单独建筑或史迹区的一部分)，或被州或地方政府部门指定为单独地理标志或史迹区构成建筑物的建筑物和筑造物,可保留历史上与该建筑物或筑造物相连的名称。%26quot;　　第3008条 除外条款　　本章中的任何内容不应影响一被告依据《1946年商标法》所享有的任何抗辩理由(包括该法案第43(c)(4)条之下或与合理使用相关的任何抗辩理由)，或依据美利坚合众国宪法第一修正案所具有的言论及表达自由的权利。　　第3009条 技术性及一致性修正　　美国法典28编第85章作如下修正：　　(1) 美国法典第28编第1338条作如下修正──(A) 在该条标题中删除%26quot;trade-marks%26quot;并插入%26quot;trademarks%26quot;；(B) 在(a)款中删除%26quot;trade-marks%26quot;并插入%26quot;trademarks%26quot;；(C) 在(b)款中删除%26quot;trade-mark%26quot;并插入%26quot;trademark%26quot;。　　(2) 在美国法典28编第85章的条款目录中与第1338条相关的条款中，删除%26quot;trade-marks%26quot;并插入%26quot;trademarks%26quot;。　　第3010条 生效日期　　除根据本编第3003条修正之1946年《商标法》第35条(a)或(d)款(15 U.S.C. 1117)规定的赔偿金不适用于本法案制定颁布日前发生的对于域名的注册、交易或使用行为外，本编第3002(a)、3003、3004、3005和3008条应适用于本法案制定颁布日之前、之时或之后注册的全部域名。　　TITLE III%26mdash;%26mdash;TRADEMARK CYBERPIRACY PREVENTION Enacted on November 29, 1999　　SEC. 3001. SHORT TITLE; REFERENCES (a) SHORT TITLE- This title may be cited as the `Anticybersquatting Consumer Protection Act’. (b) REFERENCES TO THE TRADEMARK ACT OF 1946- Any reference in this title to the Trademark Act of 1946 shall be a reference to the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved July 5, 1946 (15 U.S.C.1051 et seq.). SEC. 3002. CYBERPIRACY PREVENTION. (a) IN GENERAL- Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended by inserting at the end the following: (d) (1) (A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, withou tregard to the goods or services of the parties, that person%26mdash;%26mdash; (i) has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and (ii) registers, traffics in, or uses a domain name that%26mdash;%26mdash; (I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similarto that mark; (II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or (III) is a trademark, word, or name protected by reason of section 706 of title 18, United States Code, or section 220506 of title 36, United States Code. (B) (i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to%26mdash;%26mdash;(I) the trademark or other intellectual property rights of the person, if any, in the domain name; (II) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person; (III) the person’s prior use, if any, of the domain name in connection with the bona fide offering of any goods or services; (IV) the person’s bona fide noncommercial or fair use of the mark in a site accessible under the domain name; (V) the person’s intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site; (VI) the person’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person’s prior conduct indicating a pattern of such conduct; (VII) the person’s provision of material and misleading false contact information when applying for the registration of the domain name, the person’s intentional failure to maintain accurate contact information, or the person’s prior conduct indicating a pattern of such conduct; (VIII) the person’s registration or acquisition of multiple domain names which the person knows are identical or confusingly similar to marks of others that are distinctive at the time of registration of such domain names, or dilutive of famous marks of others that are famous at the time of registration of such domain names, without regard to the goods or services of the parties; and (IX) the extent to which the mark incorporated in the person’s domain name registration is or is not distinctive and famous within the meaning of subsection (c)(1) of section 43.(ii) Bad faith intent described under subparagraph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful. `(C) In any civil action involving the registration, trafficking, or use of a domain name under this paragraph, a court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. (D) A person shall be liable for using a domain name under subparagraph (A) only if that person is the domain name registrant or that registrant’s authorized licensee. (E) As used in this paragraph, the term `traffics in’ refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration.[(d)] (2) (A) The owner of a mark may file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain name registry, or other domain name authority that registered or assigned the domain name is located if%26mdash;%26mdash; (i) the domain name violates any right of the owner of a mark registered in the Patent and Trademark Office, or protected under subsection (a) or (c); and (ii) the court finds that the owner%26mdash;%26mdash; (I) is not able to obtain in personam jurisdiction over a person who would have been a defendant in a civil action underparagraph (1); or (II) through due diligence was not able to find a person who would have been a defendant in a civil action underparagraph (1) by%26mdash;%26mdash; (aa) sending a notice of the alleged violation and intent to proceed under this paragraph to the registrant ofthe domain name at the postal and e-mail address provided by the registrant to the registrar; and (bb) publishing notice of the action as the court may direct promptly after filing the action.(B) The actions under subparagraph (A)(ii) shall constitute service of process. (C) In an in rem action under this paragraph, a domain name shall be deemed to have its situs in the judicial district in which%26mdash;%26mdash; (i) the domain name registrar, registry, or other domain name authority that registered or assigned the domain name is located; or (ii) documents sufficient to establish control and authority regarding the disposition of the registration and use of the domain name are deposited with the court. (D) (i) The remedies in an in rem action under this paragraph shall be limited to a court order for the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. Upon receipt of written notification of a filed, stamped copy of a complaint filed by the owner of a mark in a United States district court under this paragraph, the domain name registrar, domain name registry, or other domain name authority shall%26mdash;%26mdash; (I) expeditiously deposit with the court documents sufficient to establish the court’s control and authority regarding thedisposition of the registration and use of the domain name to the court; and (II) not transfer, suspend, or otherwise modify the domain name during the pendency of the action, except upon order of the court.(ii) The domain name registrar or registry or other domain name authority shall not be liable for injunctive or monetary relief under this paragraph except in the case of bad faith or reckless disregard, which includes a willful failure to comply with any such court order.[(d)] (3) The civil action established under paragraph (1) and the in rem action established under paragraph (2), and any remedy available under either such action, shall be in addition to any other civil action or remedy otherwise applicable. [(d)] (4) The in rem jurisdiction established under paragraph (2) shall be in addition to any other jurisdiction that otherwise exists, whether in rem or in personam.’(b) CYBERPIRACY PROTECTIONS FOR INDIVIDUALS- (1) IN GENERAL-(A) CIVIL LIABILITY- Any person who registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person’s consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person. (B) EXCEPTION- A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of authorship protected under title 17, United States Code, including a work made for hire as defined in section 101 of title 17, United States Code, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Federal or State law.(2) REMEDIES- In any civil action brought under paragraph (1), a court may award injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party. (3) DEFINITION- In this subsection, the term `domain name’ has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127). (4) EFFECTIVE DATE- This subsection shall apply to domain names registered on or after the date of the enactment of this Act. SEC. 3003. DAMAGES AND REMEDIES. (a) REMEDIES IN CASES OF DOMAIN NAME PIRACY- (1) INJUNCTIONS- Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking `(a) or (c)’ and inserting `(a), (c), or (d)’. (2) DAMAGES- Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by inserting `, (c), or (d)’ after `section 43(a)’.(b) STATUTORY DAMAGES- Section 35 of the Trademark Act of 1946 (15 U.S.C. 1117) is amended by adding at the end the following: `(d) In a case involving a violation of section 43(d)(1), the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just.SEC. 3004. LIMITATION ON LIABILITY. Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is amended%26mdash;%26mdash; (1) in the matter preceding subparagraph (A) by striking `under section 43(a)’ and inserting `under section 43(a) or (d)’; and(2) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) (i)(I) A domain name registrar, a domain name registry, or other domain name registration authority that takes any action described under clause (ii) affecting a domain name shall not be liable for monetary relief or, except as provided in subclause (II), for injunctive relief, to any person for such action, regardless of whether the domain name is finally determined to infringe or dilute the mark. (II) A domain name registrar, domain name registry, or other domain name registration authority described in subclause (I) may be subject to injunctive relief only if such registrar, registry, or other registration authority has%26mdash;%26mdash; (aa) not expeditiously deposited with a court, in which an action has been filed regarding the disposition of the domain name, documents sufficient for the court to establish the court’s control and authority regarding the disposition of the registration and use of the domain name; (bb) transferred, suspended, or otherwise modified the domain name during the pendency of the action, except upon order of the court; or (cc) willfully failed to comply with any such court order. (ii) An action referred to under clause (i)(I) is any action of refusing to register, removing from registration, transferring, temporarily disabling, or permanently canceling a domain name%26mdash;%26mdash; `(I) in compliance with a court order under section 43(d); or `(II) in the implementation of a reasonable policy bysuch registrar, registry, or authority prohibiting the registration of a domain name that is identical to, confusingly similar to, or dilutive of another’s mark. (iii) A domain name registrar, a domain name registry, or other domain name registration authority shall not be liable for damages under this section for the registration or maintenance of a domain name for another absent a showing of bad faith intent to profit from such registration or maintenance of the domain name. (iv) If a registrar, registry, or other registration authority takes an action described under clause (ii) based on a knowing and material misrepresentation by any other person that a domain name is identical to, confusingly similar to, or dilutive of a mark, the person making the knowing and material misrepresentation shall be liable for any damages, including costs and attorney’s fees, incurred by the domain name registrant as a result of such action.The court may also grant injunctive relief to the domain name registrant, including the reactivation of the domain name or the transfer of the domain name to the domain name registrant. (v) A domain name registrant whose domain name has been suspended, disabled, or transferred under a policy described under clause (ii)(II) may, upon notice to the mark owner, file a civil action to establish that the registration or use of the domain name by such registrant is not unlawful under this Act. The court may grant injunctive relief to the domain name registrant, including the reactivation of the domain name or transfer of the domain name to the domain name registrant.SEC. 3005. DEFINITIONS. Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting after the undesignated paragraph defining the term `counterfeit’ the following: The term `domain name’ means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. The term `Internet’ has the meaning given that term in section 230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1)).’SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING PERSONAL NAMES. (a) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Patent and Trademark Office and the Federal Election Commission, shall conduct a study and report to Congress with recommendations on guidelines and procedures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar thereto, including consideration of and recommendations for%26mdash;%26mdash; (1) protecting personal names from registration by another person as a second level domain name for purposes of selling or otherwise transferring such domain name to such other person or any third party for financial gain; (2) protecting individuals from bad faith uses of their personal names as second level domain names by others with malicious intent to harm the reputation of the individual or the goodwill associated with that individual’s name; (3) protecting consumers from the registration and use of domain names that include personal names in the second level domain in manners which are intended or are likely to confuse or deceive the public as to the affiliation, connection, or association of the domain name registrant, or a site accessible under the domain name, with such other person, or as to the origin, sponsorship, or approval of the goods, services, or commercial activities of the domain name registrant; (4) protecting the public from registration of domain names that include the personal names of government officials, official candidates, and potential official candidates for Federal, State, or local political office in the United States, and the use of such domain names in a manner that disrupts the electoral process or the public’s ability to access accurate and reliable information regarding such individuals; (5) existing remedies, whether under State law or otherwise, and the extent to which such remedies are sufficient to address the considerations described in paragraphs (1)through (4); and (6) the guidelines, procedures, and policies of the Internet Corporation for assigned Names and Numbers and the extent to which they address the considerations described in paragraphs (1) through (4).(b) GUIDELINES AND PROCEDURES- The Secretary of Commerce shall, under its Memorandum of Understanding with the Internet Corporation for Assigned Names and Numbers, collaborate to develop guidelines and procedures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar thereto. SEC. 3007. HISTORIC PRESERVATION. Section 101(a)(1)(A) of the National Historic Preservation Act (16 U.S.C. 470a(a)(1)(A)) is amended by adding at the end the following: `Notwithstanding section 43(c) of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved July 5, 1946 (commonly known as the `Trademark Act of 1946′ (15 U.S.C. 1125(c))), buildings and structures on or eligible for inclusion on the National Register of Historic Places (either individually or as part of a historic district), or designated as an individual landmark or as a contributing building in a historic district by a unit of State or local government, may retain the name historically associated with the building or structure.’ SEC. 3008. SAVINGS CLAUSE. Nothing in this title shall affect any defense available to a defendant under the Trademark Act of 1946 (including any defense under section 43(c)(4) of such Act or relating to fair use) or a person’s right of free speech or expression under the first amendment of the United States Constitution. SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS. Chapter 85 of title 28, United States Code, is amended as follows: (1) Section 1338 of title 28, United States Codes, is amended%26mdash;%26mdash; (A) in the section heading by striking `trade-marks’ and inserting `trademarks’; (B) in subsection (a) by striking `trade-marks’ and inserting `trademarks’; and (C) in subsection (b) by striking `trade-mark’ and inserting `trademark’. (2) The item relating to section 1338 in the table of sections for chapter 85 of title 28, United States Code, is amended by striking `trade-marks’ and inserting `trademarks’.SEC. 3010. EFFECTIVE DATE. Sections 3002(a), 3003, 3004, 3005, and 3008 of this title shall apply to all domain names registered before, on, or after the date of the enactment of this Act, except that damages under subsection (a) or (d) of section 35 of the Trademark Act of 1946 (15 U.S.C. 1117), as amended by section 3003 of this title, shall not be available with respect to the registration, trafficking, or use of a domain name that occurs before the date of the enactment of this Act.

　　美利坚合众国总统和代表联合王国的首相丘吉尔，经过会商，觉得把他们两个国家政策上若干共同原则（对更好的未来世界的希望即以次为基础）在此时向世界宣布，是合适的。
　　第一， 他们两个国家不寻求任何领土的或其它方面的扩张；
　　第二， 他们不希望看见发生任何与有关人民自由表达的意志不相符合的领土变更；
　　第三， 他们尊重所有民族选择他们愿意生活于其下的政府形式之权利；他们希望看到曾经被武力剥夺其主权及自治权的民族，重新获得主权与自治；
　　第四， 他们要在尊重他们现有的义务下，努力促使所有国家，不分大小，战胜者或战败者，都有机会在同等条件下，为了实现它们经济的繁荣，参加世界贸易和获得世界的原料；
　　第五， 他们希望促成所有国家在经济领域内最充分的合作，以促进所有国家的劳动水平﹑经济进步和社会保障；
　　第六， 在纳粹暴政被最后消灭之后，他们希望建立和平，使所有国家能够在它们境内安然自存，并保障所有地方的所有人在免于恐惧和不虞匮乏的自由中，安度他们的一生；
　　第七， 这样的和平将使所有人能够在公海上不受阻碍地自由地航行；
　　第八， 他们相信，世界上所有国家，为了现实的和精神上的理由，必须放弃使用武力。如果那些在国境外从事或可能以侵略相威胁的国家继续使用陆海空武器装备，则未来的和平将无法维持；所以他们相信，在一个更普遍和更持久的全面安全体系建立之前，解除这些国家的武装是必要的。同样，他们会协助和鼓励一切其它可行的措施，来减轻爱好和平的人民在军备上的沉重负担。
　　富兰克林.罗斯福
　　温斯顿.丘吉尔
　　THE ATLANTIC CHARTER
　　The president of the United States of America and the Prime Minister, Mr.Churchill, representing His Majesty’s Government in the United Kingdom, being met together, deem it right to make known certain common principles in the national policies of their respective countries on which they base their hopes for a better future for the world.
　　First, their countries seek no aggrandizement, territorial or other;
　　Second, they desire to see no territorial changes that do not accord with the freely expressed wishes of the peoples concerned;
　　Third, they respect the right of all peoples to choose the form of government under which they will live; and they wish to see sovereign rights and self government restored to those who have been forcibly deprived of them;
　　Fourth, they will endeavor, with due respect for their existing obligations, to further the enjoyment by all States, great or small, victor or vanquished, of access, on equal terms, to the trade and to the raw materials of the world which are needed for their economic prosperity;
　　Fifth, they desire to bring about the fullest collaboration between all nations in the economic field with the object of securing, for all, improved labor standards, economic advancement and social security;
　　Sixth, after the final destruction of the Nazi tyranny, they hope to see established a peace which will afford to all nations the means of dwelling in safety within their own boundaries, and which will afford assurance that all the men in all the lands may live out their lives in freedom from fear and want;
　　Seventh, such a peace should enable all men to traverse the high seas and oceans without hindrance;
　　Eighth, they believe that all of the nations of the world, for realistic as well as spiritual reasons must come to the abandonment of the use of force. Since no future peace can be maintained if land, sea or air armaments continue to be employed by nation which threaten, or may threaten, aggression outside of their frontiers, they believe, pending the establishment of a wider and permanent system of general security, that the disarmament of such nations is essential. They will likewise aid and encourage all other practicable measures, which will lighten for peace-loving peoples the crushing burden of armaments.
　　FRANKIN D. ROOSEVELT

　　《联合国独立保证与备用信用证公约》
　　UNITED NATIONS CONVENTION ON INDEPENDENT GUARANTEES AND STAND-BY LETTERS OF CREDIT
　　第一章 适用范围
　　CHAPTER I. SCOPE OF APPLICATION　　
　　第1条 适用范围
　　(1)本公约适用于第2条所指的国际保证，且：
　　(a)作出保证的保证人营业所所在地位于一缔约国；或者
　　(b)国际私法规则导致适用某一缔约国的法律；
　　但是，该保证排除本公约之适用者，则不在此限。
　　(2)国际信用证者，虽不属于第2条的范围，但它明确规定受本公约调整者，本公约也可适用；(3)第21、22条之规定适用于第2条所称之国际保证，不受本条第1款之拘束。
　　Article 1. Scope of application
　　(1) This Convention applies to an international undertaking referred to in article 2:
　　(a) If the place of business of the guarantor/issuer at which the undertaking is issued is in a Contracting State, or
　　(b) If the rules of private international law lead to the application of the law of a Contracting State,
　　unless the undertaking excludes the application of the Convention.
　　(2) This Convention applies also to an international letter of credit not falling within article 2 if it expressly states that it is subject to this Convention.
　　(3) The provisions of articles 21 and 22 apply to international undertakings referred to in article 2 independently of paragraph (1) of this article.
　　第2条 保证
　　(1)为了适用本公约，保证系指一项独立的义务，国际惯例上称为：独立保证或备用信用证中的承诺或义务。银行或其它机构或个人(亦可称“保证人”)签发此类保函或备用信用证并承诺：一经请求或一经附其他单据的请求即行以符合保函的条款和任何单据条件、指示或可推知的条件的方式向受益人支付确定的或的有限期的款项。付款已到期，包括以下原因：不履行义务；另一随附义务；借款、预付款；任何由主债务人 /申请人或另一人所保证的到期债务。
　　(2)保证可在下列情况作出：
　　(a)经保证人的客户(主债务人/申请人)的请求或指示而作出；
　　(b)按照另一银行、机构或个人(指示方)的指示而作出——该指示方系依其客户的请求而行事；
　　(c)代表保证人本身而作出；
　　(3)保证中之付款得以任何下列方式作出：
　　(a)以特定货币或记帐单位付款；
　　(b)汇票之承兑；
　　(c)延期付款；
　　(d)特定的价值项目之提供。
　　(4)保函得规定：保证人为另一人行事时，保证人自身可以同时为受益人。
　　Article 2. Undertaking
　　(1) For the purposes of this Convention, an undertaking is an independent commitment, known in international practice as an independent guarantee or as a stand-by letter of credit, given by a bank or other institution or person (“guarantor/issuer”) to pay to the beneficiary a certain or determinable amount upon simple demand or upon demand accompanied by other documents, in conformity with the terms and any documentary conditions of the undertaking, indicating, or from which it is to be inferred, that payment is due because of a default in the performance of an obligation, or because of another contingency, or for money borrowed or advanced, or on account of any mature indebtedness undertaken by the principal/applicant or another person.
　　(2) The undertaking may be given:
　　(a) At the request or on the instruction of the customer (“principal/applicant”) of the guarantor/issuer;
　　(b) On the instruction of another bank, institution or person (“instructing party”) that acts at the request of the customer (“principal/applicant”) of that instructing party; or
　　(c) On behalf of the guarantor/issuer itself.
　　(3) Payment may be stipulated in the undertaking to be made in any form, including:
　　(a) Payment in a specified currency or unit of account;
　　(b) Acceptance of a bill of exchange (draft);
　　(c) Payment on a deferred basis;
　　(d) Supply of a specified item of value.
　　(4) The undertaking may stipulate that the guarantor/issuer itself is the beneficiary when acting in favour of another person.　　
　　第3条 保证的独立性
　　就本公约而言，保证是独立的。保证人向受益人所负之义务：
　　(a)并不依赖于任何基础交易的有效性或存在，亦不依赖于任何其它保证，包括：备用信用证或独立保函以及与此相关的确认书或反保函；或者
　　(b)并不受本保证中未列之条件的拘束；亦不受任何未来的、不确定行为或事件的拘束；但是在保证人经营范围内提出此类文件、作出此类行为或发生此类事件者，不在此限。
　　Article 3. Independence of undertaking
　　For the purposes of this Convention, an undertaking is independent where the guarantor/issuer’s obligation to the beneficiary is not:
　　(a) Dependent upon the existence or validity of any underlying transaction, or upon any other undertaking (including stand-by letters of credit or independent guarantees to which confirmations or counter-guarantees relate); or
　　(b) Subject to any term or condition not appearing in the undertaking, or to any future, uncertain act or event except presentation of documents or another such act or event within a guarantor/issuer’s sphere of operations.
　　第4条 保证的国际性
　　(1)保证是国际性的——如果保证中明确规定的营业地或者下列人员即保证人、受益人、主债务人/申请人、指示人、保兑人中任何两方在不同国家者；
　　(2)为了适用上款规定：
　　(a)如果保函为特定人列举一个以上营业地，则相关的营业地系指与保证有最密切联系 者；
　　(b)如果保函未为特定人列举营业地但指 明了其习惯居所，则该保证的国际性即可依此 相关因素予以确定。
　　Article 4. Internationality of undertaking
　　(1) An undertaking is international if the places of business, as specified in the undertaking, of any two of the following persons are in different States: guarantor/issuer, beneficiary, principal/applicant, instructing party, confirmer.
　　(2) For the purposes of the preceding paragraph:
　　(a) If the undertaking lists more than one place of business for a given person, the relevant place of business is that which has the closest relationship to the undertaking;
　　(b) If the undertaking does not specify a place of business for a given person but specifies its habitual residence, that residence is relevant for determining the international character of the undertaking. 
　　第二章 解释
　　CHAPTER II. INTERPRETATION　　
　　第5条 解释之原则
　　解释本公约，应考虑本公约的国际性，促进其统一适用的需要，以及国际实践中对独立保证和备用信用证的诚信的遵守。
　　Article 5. Principles of interpretation
　　In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in the international practice of independent guarantees and stand-by letters of credit.　　
　　第6条 定义
　　除本公约条款或其上下文另有明示者以外，为适用本公约：
　　(a)“保证”包括“反担保”和“保证之保兑”。
　　(b)“保证人”包括“反担保人”和“保兑人”。
　　(c)“反担保”意指：保证人的指示人向另一保证的保证人所作的保证，承诺：—经请求或一经附其他单据的请求，即行以符合保函的条款和任何单据条件、指示或可推知的条件的方式付款。其它保证项下的款项系由作出该其它保证的人支付或可向该人提出请求。
　　(d)“反担保人”意指“作出反担保的人”。
　　(e)“保证的保兑”意指：经由保证人授权并添附于保证人之保证之上的一项保证；该“保 兑”给予受益人以选择权即向保兑人而非保证人要求付款。该受益人只需提出付款请求或依 保兑了的保证中所附单据条件提出请求即可，但不得妨碍受益人要求保证人付款之权利；
　　(f)“保兑人”意指对保证作出保兑之人。
　　(g)“单据”(document)意指提供完全记录的一种文件。
　　Article 6. Definitions
　　For the purposes of this Convention and unless otherwise indicated in a provision of this Convention or required by the context:
　　(a) “Undertaking” includes “counter-guarantee” and “confirmation of an undertaking”;
　　(b) “Guarantor/issuer” includes “counter-guarantor” and “confirmer”;
　　(c) “Counter-guarantee” means an undertaking given to the guarantor/issuer of another undertaking by its instructing party and providing for payment upon simple demand or upon demand accompanied by other documents, in conformity with the terms and any documentary conditions of the undertaking, indicating, or from which it is to be inferred, that payment under that other undertaking has been demanded from, or made by, the person issuing that other undertaking;
　　(d) “Counter-guarantor” means the person issuing a counter-guarantee;
　　(e) “Confirmation” of an undertaking means an undertaking added to that of the guarantor/issuer, and authorized by the guarantor/issuer, providing the beneficiary with the option of demanding payment from the confirmer instead of from the guarantor/issuer, upon simple demand or upon demand accompanied by other documents, in conformity with the terms and any documentary conditions of the confirmed undertaking, without prejudice to the beneficiary’s right to demand payment from the guarantor/issuer;
　　(f) “Confirmer” means the person adding a confirmation to an undertaking;
　　(g) “document” means a communication made in a form that provides a complete record thereof.
　　第三章 保函之形式与内容
　　CHAPTER III. FORM AND CONTENT OF UNDERTAKING　　
　　第7条 保函的签发、形式及其不可撤销
　　(1)保函脱离有关保证人的控制范围即为保函的签发；
　　(2)保函得以任何形式签发——只要它保存了该保证文本的完整记录以及提供了经由一般认可的方式或保证人和受益人双方议定之程序以认证该保证来源。
　　(3)自保函签发之时起，得按保函之条件提出付款请求，但该保函另有时间规定者， 不在此限。
　　(4)一经签发，保函即应不可撤销，但该保函规定其为可撤销者，不在此限；
　　Article 7. Issuance, form and irrevocability of undertaking
　　(1) Issuance of an undertaking occurs when and where the undertaking leaves the sphere of control of the guarantor/issuer concerned.
　　(2) An undertaking may be issued in any form which preserves a complete record of the text of the undertaking and provides authentication of its source by generally accepted means or by a procedure agreed upon by the guarantor/issuer and the beneficiary.
　　(3) From the time of issuance of an undertaking, a demand for payment may be made in accordance with the terms and conditions of the undertaking, unless the undertaking stipulates a different time.
　　(4) An undertaking is irrevocable upon issuance, unless it stipulates that it is revocable.　　
　　第8条 修改
　　(1)保函不得修改，但是以保函所规定之形式修改者，若无此规定，以第7条第2节所指之形式修改者，不在此限；
　　(2)除保函另有规定者，或者保证人和受益人另有协议者以外，如果保函之修正获受益人之事先授权，修正作出之时该保函即被修正；
　　(3)除保函另有规定或保证人和受益人另有协议者以外，修正事先未获受益人授权者，仅 当保证人收到受益人以第7条第2款所指之形式作出的接受该修正的通知时，该保函才得被 修正；
　　(4)保函之修正不影响主债务人/申请人(或指示人)或保证之保兑人的权利义务，但此类人同意该修正者，不在此限。
　　Article 8. Amendment
　　(1) An undertaking may not be amended except in the form stipulated in the undertaking or, failing such stipulation, in a form referred to in paragraph (2) of article 7.
　　(2) Unless otherwise stipulated in the undertaking or elsewhere agreed by the guarantor/issuer and the beneficiary, an undertaking is amended upon issuance of the amendment if the amendment has previously been authorized by the beneficiary.
　　(3) Unless otherwise stipulated in the undertaking or elsewhere agreed by the guarantor/issuer and the beneficiary, where any amendment has not previously been authorized by the beneficiary, the undertaking is amended only when the guarantor/issuer receives a notice of acceptance of the amendment by the beneficiary in a form referred to in paragraph (2) of article 7.
　　(4) An amendment of an undertaking has no effect on the rights and obligations of the principal/applicant (or an instructing party) or of a confirmer of the undertaking unless such person consents to the amendment.
　　第9条 受益人请求付款权的转让
　　(1)受益人付款请求权，仅在保函中有此授权方可转让；亦仅能依保函中授权的方式和 范围进行转让；
　　(2)如果保证是可转让的，而未明确规定实际转让时是否要求保证人或另一被授权的人的同意，保证人和任何其它被授权的人都无义务必须实施转让，但以其明确同意的方式和 范围进行者，不在此限。
　　Article 9. Transfer of beneficiary’s right to demand payment
　　(1) The beneficiary’s right to demand payment may be transferred only if authorized in the undertaking, and only to the extent and in the manner authorized in the undertaking.
　　(2) If an undertaking is designated as transferable without specifying whether or not the consent of the guarantor/issuer or another authorized person is required for the actual transfer, neither the guarantor/issuer nor any other authorized person is obliged to effect the transfer except to the extent and in the manner expressly consented to by it.　
　　第10条 收益之转让
　　(1)除保函另有规定或保证人和受益人另有协议者以外，受益人得向另一人转让依该保证 可以获得的任何收益；
　　(2)如果保证人或另一付款义务人收到受益人以第7条第2款所指之形式作成并发出的不可撤销转让通知，向该受让人的付款可以免除债务人在其付款范围内，依据保函所承担的付款义务。
　　Article 10. Assignment of proceeds
　　(1) Unless otherwise stipulated in the undertaking or elsewhere agreed by the guarantor/issuer and the beneficiary, the beneficiary may assign to another person any proceeds to which it may be, or may become, entitled under the undertaking.
　　(2) If the guarantor/issuer or another person obliged to effect payment has received a notice originating from the beneficiary, in a form referred to in paragraph (2) of article 7, of the beneficiary’s irrevocable assignment, payment to the assignee discharges the obligor, to the extent of its payment, from its liability under the undertaking.
　　第11条 付款请求权之终止
　　(1)受益人请求支付保证项下之款项的权利在下列情形终止：
　　(a)保证人收到受益人以第7条第2款所指之形式作出的免除其付款责任的声明；
　　(b)受益人和保证人已就保证终止问题，以保函中所规定之形式，若无此规定，则以第7条2款所指之形式，达成协议。
　　(c)保函所担保款项已清偿，但是该保函规定了保证款项的自动更新或自动增额，或者规 定了保函之延续者，不在此限。
　　(d)保函的有效期限依据第12条而届满。
　　(2)保函可以规定或者保证人和受益人可以另作以下协议：
　　付款请求权之终止时，要求向保证人退还表示保证意愿的文件——在签发非书面保证时，应向其退还功能相当的文件；这种要求可以单独地亦可连同本条第1款(a)和(b)项中所列件 之一予以提出。然而，依据本条第1款(c)或(d)项，受益人的付款请求权终止后，受益人保 留任何此类文件绝不能保留保证中受益人的任何权利。
　　Article 11. Cessation of right to demand payment
　　(1) The right of the beneficiary to demand payment under the undertaking ceases when:
　　(a) The guarantor/issuer has received a statement by the beneficiary of release from liability in a form referred to in paragraph (2) of article 7;
　　(b) The beneficiary and the guarantor/issuer have agreed on the termination of the undertaking in the form stipulated in the undertaking or, failing such stipulation, in a form referred to in paragraph (2) of article 7;
　　(c) The amount available under the undertaking has been paid, unless the undertaking provides for the automatic renewal or for an automatic increase of the amount available or otherwise provides for continuation of the undertaking;
　　(d) The validity period of the undertaking expires in accordance with the provisions of article 12.
　　(2) The undertaking may stipulate, or the guarantor/issuer and the beneficiary may agree elsewhere, that return of the document embodying the undertaking to the guarantor/issuer, or a procedure functionally equivalent to the return of the document in the case of the issuance of the undertaking in non-paper form, is required for the cessation of the right to demand payment, either alone or in conjunction with one of the events referred to in subparagraphs (a) and (b) of paragraph (1) of this article. However, in no case shall retention of any such document by the beneficiary after the right to demand payment ceases in accordance with subparagraph (c) or (d) of paragraph (1) of this article preserve any rights of the beneficiary under the undertaking.
　　第12条 届满(expiry)
　　保函的有效期限在下列情形届满：
　　(a)在届满之日。该届满之日可以是特定的历日或保函规定的固定期限的最后一天； 如果失效之日在签发保函的保证人营业地并非营业日，或在另一人之营业地并非营业日或者 在保函规定的提出付款请求的另一地并非营业日者，则在往后顺延的第一个营业日失效。
　　(b)如果依据保函，其届满取决于保证人营业范围以外的行为或事件之发生者，在保证人 提出保函列明的证明此类行为或事件业已发生的文件时，或者，若未列明此类文件者，受 益人提出证明此类行为或事件业已发生的证明书时；
　　(c)如果保函并未列明届满之日；或者，如果届满得以确立的行为或事件虽经提出所要求的文件仍未确定，且另外未确定失效之日，自签发保函之日起经过6年，该保函即行届满；
　　Article 12. Expiry
　　The validity period of the undertaking expires:
　　(a) At the expiry date, which may be a specified calendar date or the last day of a fixed period of time stipulated in the undertaking, provided that, if the expiry date is not a business day at the place of business of the guarantor/issuer at which the undertaking is issued, or of another person or at another place stipulated in the undertaking for presentation of the demand for payment, expiry occurs on the first business day which follows;
　　(b) If expiry depends according to the undertaking on the occurrence of an act or event not within the guarantor/issuer’s sphere of operations, when the guarantor/issuer is advised that the act or event has occurred by presentation of the document specified for that purpose in the undertaking or, if no such document is specified, of a certification by the beneficiary of the occurrence of the act or event;
　　(c) If the undertaking does not state an expiry date, or if the act or event on which expiry is stated to depend has not yet been established by presentation of the required document and an expiry date has not been stated in addition, when six years have elapsed from the date of issuance of the undertaking.
　　第四章 权利、义务及抗辩
　　CHAPTER IV. RIGHTS, OBLIGATIONS AND DEFENCES　　
　　第13条 权利、义务的确定
　　(1)保证人和受益人由保证所生之权利、义务，由保函中所列条件确定之，包括保函中 特别提及的任何规则、一般条件或惯例以及本公约的条文。
　　(2)解释保函的条件以及解决保函条款或本公约未加规定的问题时，应考虑适用于独立保证或备用信用证之普遍公认的规则与惯例。
　　Article 13. Determination of rights and obligations
　　(1) The rights and obligations of the guarantor/issuer and the beneficiary arising from the undertaking are determined by the terms and conditions set forth in the undertaking, including any rules, general conditions or usages specifically referred to therein, and by the provisions of this Convention.
　　(2) In interpreting terms and conditions of the undertaking and in settling questions that are not addressed by the terms and conditions of the undertaking or by the provisions of this Convention, regard shall be had to generally accepted international rules and usages of independent guarantee or stand-by letter of credit practice.
　　第14条 保证人责任及其行动准则
　　(1)保证人履行其依保函和本公约所负之义务时，一秉诚信并且给予合理注意，依从适用于独立保证或备用信用证之普遍公认的国际惯例与准则行事。
　　(2)未尽诚信义务或有重大过失者，不能免除保证人的责任。
　　Article 14. Standard of conduct and liability of guarantor/issuer
　　(1) In discharging its obligations under the undertaking and this Convention, the guarantor/issuer shall act in good faith and exercise reasonable care having due regard to generally accepted standards of international practice of independent guarantees or stand-by letters of credit.
　　(2) A guarantor/issuer may not be exempted from liability for its failure to act in good faith or for any grossly negligent conduct.
　　第15条 请求
　　(1)保证项下的任何付款请求应当依保函条件且以第7条第2款所指之形式提出；
　　(2)除保函另有规定者外，付款请求和保函所要求的任何证明或其它文件应在付款请求得以提出的时限内提供，且应在保函签发地向保证人提供；
　　(3)受益人提出付款请求，即被视为证明该请求并非恶意且并不存在第19条第1款(a)、(b)、(c)项所称之因素。
　　Article 15. Demand
　　(1) Any demand for payment under the undertaking shall be made in a form referred to in paragraph (2) of article 7 and in conformity with the terms and conditions of the undertaking.
　　(2) Unless otherwise stipulated in the undertaking, the demand and any certification or other document required by the undertaking shall be presented, within the time that a demand for payment may be made, to the guarantor/issuer at the place where the undertaking was issued.
　　(3) The beneficiary, when demanding payment, is deemed to certify that the demand is not in bad faith and that none of the elements referred to in subparagraphs (a), (b) and (c) of paragraph (1) of article 19 are present.
　　第16条 付款请求及附随文件之审查
　　(1)保证人应当依第14条第1款所列行动准则审查付款请求以及任何附随文件。保证人应充分考虑可适用于独立保证或备用信用证之国际准则以决定单据是否符合保函条款，以彼此之间是否一致。
　　(2)除保函另有规定或保证人和受益人另有协议者外，保证人应当在合理期限内，但最长在收到请求和任何附随单据之日起七个营业日内，完成下列事项：
　　(a)审查付款请求以及任何附随单据；
　　(b)决定是否付款；
　　(c)若决定不予付款，应向受益人作出不付款的通知。
　　除保函另有规定或保证人和受益人另有协议者外，(c)项中所指通知应以电传方式，若电 传不可能，应以其它快捷方式作出，并且应当表明不予付款的理由。
　　Article 16. Examination of demand and accompanying documents
　　(1) The guarantor/issuer shall examine the demand and any accompanying documents in accordance with the standard of conduct referred to in paragraph (1) of article 14. In determining whether documents are in facial conformity with the terms and conditions of the undertaking, and are consistent with one another, the guarantor/issuer shall have due regard to the applicable international standard of independent guarantee or stand-by letter of credit practice.
　　(2) Unless otherwise stipulated in the undertaking or elsewhere agreed by the guarantor/issuer and the beneficiary, the guarantor/issuer shall have reasonable time, but not more than seven business days following the day of receipt of the demand and any accompanying documents, in which to:
　　(a) Examine the demand and any accompanying documents;
　　(b) Decide whether or not to pay;
　　(c) If the decision is not to pay, issue notice thereof to the beneficiary.
　　The notice referred to in subparagraph (c) above shall, unless otherwise stipulated in the undertaking or elsewhere agreed by the guarantor/issuer and the beneficiary, be made by teletransmission or, if that is not possible, by other expeditious means and indicate the reason for the decision not to pay.
　　第17条 付款
　　(1)在第19条的拘束下，保证人应当向依第15条规定作出的请求付款。一旦作出付款决定，应当立即付款，但保函规定延期者，不在此限，在此情形下，应当在另一规定日期付款。
　　(2)付款请求非依第15条规定作出，保证人仍对此付款者，并不妨碍主债务人/申请人的权利。
　　Article 17. Payment
　　(1) Subject to article 19, the guarantor/issuer shall pay against a demand made in accordance with the provisions of article 15. Following a determination that a demand for payment so conforms, payment shall be made promptly, unless the undertaking stipulates payment on a deferred basis, in which case payment shall be made at the stipulated time.
　　(2) Any payment against a demand that is not in accordance with the provisions of article 15 does not prejudice the rights of the principal/applicant.　　
　　第18条 抵销
　　除保函另有规定或保证人和受益人另有协议以外，保证人得行使抵销权而履行其所保证的付款义务，但主债务人/申请人或指示人向其转让的任何请求权不得抵销；
　　Article 18. Set-off
　　Unless otherwise stipulated in the undertaking or elsewhere agreed by the guarantor/issuer and the beneficiary, the guarantor/issuer may discharge the payment obligation under the undertaking by availing itself of a right of set-off, except with any claim assigned to it by the principal/applicant or the instructing party.　　
　　第19条 付款义务的抗辩(或译为：例外)
　　(1)如果下列情形明确者：
　　(a)任何单据非真实或系伪造者；
　　(b)依付款请求及支持性单据，付款无正当理由；
　　(c)依保函之类型与目的，付款请求无可信之依据，依诚信行事之保证人有权对受益人撤销付款。
　　(2)为适用本条第1款(c)项，下列情形皆属请求无可信依据者：
　　(a)保函向受益人保证之意外事故或风险并未发生；
　　(b)主债务人/申请人之基础义务已被法院或仲裁机构宣布无效，但保证表明此类意外事故属于保证风险者，不在此限；
　　(c)基础义务确无疑问地已满足受益人之要求得以履行；
　　(d)受益人故意不当地阻止基础义务的履行者；
　　(e)依反担保提出之付款请求，反担保的受益人亦即与反担保相关之保证的保证人，恶意付款者；
　　(3)在本条第1款(a)、(b)、(c)项所列之情形中，主债务人/申请人依第20条可以使用临时性法院措施。
　　Article 19. Exception to payment obligation
　　(1) If it is manifest and clear that:
　　(a) Any document is not genuine or has been falsified;
　　(b) No payment is due on the basis asserted in the demand and the supporting documents; or
　　(c) Judging by the type and purpose of the undertaking, the demand has no conceivable basis, the guarantor/issuer, acting in good faith, has a right, as against the beneficiary, to withhold payment.
　　(2) For the purposes of subparagraph (c) of paragraph (1) of this article, the following are types of situations in which a demand has no conceivable basis:
　　(a) The contingency or risk against which the undertaking was designed to secure the beneficiary has undoubtedly not materialized;
　　(b) The underlying obligation of the principal/applicant has been declared invalid by a court or arbitral tribunal, unless the undertaking indicates that such contingency falls within the risk to be covered by the undertaking;
　　(c) The underlying obligation has undoubtedly been fulfilled to the satisfaction of the beneficiary;
　　(d) Fulfilment of the underlying obligation has clearly been prevented by wilful misconduct of the beneficiary;
　　(e) In the case of a demand under a counter-guarantee, the beneficiary of the counter-guarantee has made payment in bad faith as guarantor/issuer of the undertaking to which the counter-guarantee relates.
　　(3) In the circumstances set out in subparagraphs (a), (b) and (c) of paragraph (1) of this article, the principal/applicant is entitled to provisional court measures in accordance with article 20.
　　第五章 临时性法院措施
　　CHAPTER V. PROVISIONAL COURT MEASURES　　
　　第20条 临时性法院措施
　　(1)关于受益人已经作出的或将要作出的请求，很有可能存在第19条第1款(a)、(b)、(c)项所列情形之一者，经主债务人/申请人或指示人申请，法院依据确凿证据可以：
　　(a)发布临时性命令以使受益人不能收到款项，包括命令保证人停止支付所保证之款额；或者，
　　(b)发布临时性命令以冻结应向受益人支付之收益；
　　但在发布命令时，应当考虑到无此命令，主债务人或申请人是否会遭受严重损害。
　　(2)法院发布本条第1款所指之临时性命令时，可以要求申请者提供法院认为适当的担保。
　　(3)法院不得基于不同于第19条第1款(a)、(b)、(c)项所称之情形而提出的付款异议或者为犯罪目的而利用保证，发布本条第1款所称之临时性命令。
　　Article 20. Provisional court measures
　　(1) Where, on an application by the principal/applicant or the instructing party, it is shown that there is a high probability that, with regard to a demand made, or expected to be made, by the beneficiary, one of the circumstances referred to in subparagraphs (a), (b) and (c) of paragraph (1) of article 19 is present, the court, on the basis of immediately available strong evidence, may:
　　(a) Issue a provisional order to the effect that the beneficiary does not receive payment, including an order that the guarantor/issuer hold the amount of the undertaking, or
　　(b) Issue a provisional order to the effect that the proceeds of the undertaking paid to the beneficiary are blocked, taking into account whether in the absence of such an order the principal/applicant would be likely to suffer serious harm.
　　(2) The court, when issuing a provisional order referred to in paragraph (1) of this article, may require the person applying therefor to furnish such form of security as the court deems appropriate.
　　(3) The court may not issue a provisional order of the kind referred to in paragraph (1) of this article based on any objection to payment other than those referred to in subparagraphs (a), (b) and (c) of paragraph (1) of article 19, or use of the undertaking for a criminal purpose.
　　第六章 冲突法
　　CHAPTER VI. CONFLICT OF LAWS
　　第21条 准据法之选择
　　保证应受依下列方法选择的法律调整：
　　(a)保函所规定者或者保函条款所昭示者；
　　(b)保证人和受益人另有协议者；
　　第22条 准据法之确定
　　依第21条未能选择法律者，保证应受保证人签发保函的营业地所在国之法律调整。
　　Article 21. Choice of applicable law
　　The undertaking is governed by the law the choice of which is:
　　(a) Stipulated in the undertaking or demonstrated by the terms and conditions of the undertaking; or
　　(b) Agreed elsewhere by the guarantor/issuer and the beneficiary.
　　Article 22. Determination of applicable law
　　Failing a choice of law in accordance with article 21, the undertaking is governed by the law of the State where the guarantor/issuer has that place of business at which the undertaking was issued.
　　第七章 最后条款
　　CHAPTER VII. FINAL CLAUSES　　
　　第23条 保管人
　　联合国秘书长为本公约的保管人。
　　第24条 签字、批准、接受、赞同与加入
　　(a)本公约在联合国总部一纽约开放供各国签字，直至1997年12月11日。
　　(b)本公约受制于签字国的批准、接受与赞同；
　　(c)本公约开放供所有在签字期限内未签字的国家加入；
　　(d)批准书、接受书、赞同书及加入书应向联合国秘书长交存。
　　Article 23. Depositary
　　The Secretary-General of the United Nations is the depositary of this Convention.
　　Article 24. Signature, ratification, acceptance, approval, accession
　　(1) This Convention is open for signature by all States at the Headquarters of the United Nations, New York, until 11 December 1997.
　　(2) This Convention is subject to ratification, acceptance or approval by the signatory States.
　　(3) This Convention is open to accession by all States which are not signatory States as from the date it is open for signature.
　　(4) Instruments of ratification, acceptance, approval and accession are to be deposited with the Secretary-General of the United Nations.
　　第25条 在领土单位的适用
　　(a)如果某国有两个或两个以上领土单位，就本公约事项适用不同法制者，该国得在签字、 批准、接受、赞同或加入之时，声明本公约适用于该国全境或仅适用于一个或多个领土单位 ，且该国得在任何时候以另一声明取代原先的声明；
　　(b)这些声明应明确规定本公约适用的领土单位；
　　(c)如果因本条之声明，本公约并不适用于该国全境且保证人或受益人营业地并不适用本公约者，此类营业地不得认为位于缔约国境内；
　　(d)如果某国未做出本条第1款之声明，本公约适用于该国所有领土单位。
　　Article 25. Application to territorial units
　　(1) If a State has two or more territorial units in which different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only one or more of them, and may at any time substitute another declaration for its earlier declaration.
　　(2) These declarations are to state expressly the territorial units to which the Convention extends.
　　(3) If, by virtue of a declaration under this article, this Convention does not extend to all territorial units of a State and the place of business of the guarantor/issuer or of the beneficiary is located in a territorial unit to which the Convention does not extend, this place of business is considered not to be in a Contracting State.
　　(4) If a State makes no declaration under paragraph (1) of this article, the Convention is to extend to all territorial units of that State.
　　第26条 声明的效力
　　(a)依第25条在签字时所做之声明受制于批准、接受或认可的确认书；
　　(b)声明及其确认书应以书面形式作出且正式向保管人通知；
　　(c)本公约对有关国家生效，该国之声明同时生效。然而，公约生效后保管人接到该声明的正式通知者，则在保管人收到通知之日起六个月届满后的第一天，该声明生效。
　　(d)依第25条作出声明的国家，得随时以书面形式正式向保管人声明撤销该声明。此类撤销通知应在保管人收到通知之日起六个月届满后的第一天发生效力。
　　Article 26. Effect of declaration
　　(1) Declarations made under article 25 at the time of signature are subject to confirmation upon ratification, acceptance or approval.
　　(2) Declarations and confirmations of declarations are to be in writing and to be formally notified to the depositary.
　　(3) A declaration takes effect simultaneously with the entry into force of this Convention in respect of the State concerned. However, a declaration of which the depositary receives formal notification after such entry into force takes effect on the first day of the month following the expiration of six months after the date of its receipt by the depositary.
　　(4) Any State which makes a declaration under article 25 may withdraw it at any time by a formal notification in writing addressed to the depositary. Such withdrawal takes effect on the first day of the month following the expiration of six months after the date of the receipt of the notification of the depositary.　　
　　第27条 保留
　　本公约不允许保留。
　　第28条 生效
　　(a)本公约在第五份批准书、接受书、赞同书或加入书交存之日起一年后的第一个月的第一天开始生效。
　　(b)在第五份批准书、接受书、赞同书或加入书交存之日以后，对于成为本公约的缔约国的每一国家而言，自该国交存适当之文书之日算起一年过后的第一个月的第一天起，本公约对该国生效；
　　(c)本公约仅适用于在本公约对第1条第1款(a)项或(b)项所指之缔约国生效之日或其后签发的保函。
　　Article 27. Reservations
　　No reservations may be made to this Convention.
　　Article 28. Entry into force
　　(1) This Convention enters into force on the first day of the month following the expiration of one year from the date of the deposit of the fifth instrument of ratification, acceptance, approval or accession.
　　(2) For each State which becomes a Contracting State to this Convention after the date of the deposit of the fifth instrument of ratification, acceptance, approval or accession, this Convention enters into force on the first day of the month following the expiration of one year after the date of the deposit of the appropriate instrument on behalf of that State.
　　(3) This Convention applies only to undertakings issued on or after the date when the Convention enters into force in respect of the Contracting State referred to in subparagraph (a) or the Contracting State referred to in subparagraph (b) of paragraph (1) of article 1.
　　第29条 退约
　　(a)缔约国得随时以书面形式向保管人声明退出本公约。
　　(b)退约通知到达保管人二年后的第一个月的第一天开始生效。退约通知中明定有更长期 限者，则保管人收到通知后该更长期限届满时，该退约发生效力。
　　公元一千九百九十五年十二月十一日订于纽约。本公约仅有一份正本；阿拉伯语、汉语、法语、英语、俄语及西班牙语各文本具有同等效力。
　　各国已获授权之全权代表签字于此，以昭信守。
　　Article 29. Denunciation
　　(1) A Contracting State may denounce this Convention at any time by means of a notification in writing addressed to the depositary.
　　(2) The denunciation takes effect on the first day of the month following the expiration of one year after the notification is received by the depositary. Where a longer period is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
　　DONE at New York, this eleventh day of December one thousand nine hundred and ninety-five, in a single original, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.
　　IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed the present Convention.