APEC Experts Group On Illegal Logging And Associated Trade

APEC Experts Group On Illegal Logging And Associated Trade

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APEC Experts Group on Illegal Logging and Associated Trade (EGILAT)
Timber legality guidance template for China
(February 2019)
The purpose of this guidance document is to provide APEC member
economies with advice on timber legality on the laws and regulations
in place in . It arises from discussions at the 5th EGILAT
meeting in Qingdao, China, in May 2014, where it was agreed it would
be beneficial to compile an APEC compendium of timber legality
guidance documents to support the legal timber trade between APEC
members.
Contents
1 Overview of Timber Legality in China 3
2 Which laws regulate timber harvesting and exportation in China?  6
3 How do timber harvesting laws operate in China?  9
9
4 Licences, Permits and Certification Schemes  16
5 Legality of timber products manufactured in China   20
6 Other relevant non‐government resources 22
7 Who should I contact to get more information? 24
8 Appendices 25
1 Overview of Timber Legality in China
======================================
NOTE: This section should provide general information on forestry and the timber industry in China.  
This section may include information that answers the following questions: 
 Who owns forests in China (public, private, indigenous)? 
 Are there forests in China
with different statuses (protected, production)? 
 Are there multiple jurisdictions for managing forests in China? 
Which bodies or institutions are responsible for managing and regulating forests in China? 

1.1Who owns forests in China (public, private, or indigenous)?
--------------------------------------------------------------
China’s forest resources are owned by the state, except those that are
collectively owned according to the law. Certificates are issued to
the following three forms of ownership of forests, trees and forestland,
i.e. state ownership, collective ownership, and trees of individual
ownership and forestland with individual use rights. Among them,
forest ownership and forestland use rights can be transferred.
According to China’s eighth forest resources inventory, China’s forestland
area is 310 million hectares (ha), among which 124 million ha are
state owned, accounting for 40%, and 186 million ha are collectively
owned, accounting for 60%. The forest area of China is 208 million ha,
including 80.998 million ha of state-owned forests, around 39% of the
total, 39.461 million ha of collectively owned, around 19%, and 87.229
million ha of individual ownership at, around 42%. The forest stocking
volume is 18.137 billion m3, including 9.54 billion m3 for state-owned
forests, accounting for 63%, 2.27 billion m3 for collectively owned
forests, accounting for 15%, and 3.33 billion m3 for individually
owned forests and forestland with individual use right, accounting for
22%.
Table 1 Ownership of Forest Resources in China
Ownership
Use rights
Forests
State , collective
Forestland
State, collective
individual
Trees
State, collective, individual
1.2Are China’s forests in different states (protected, or used for
production)?
------------------------------------------------------------------
According to the major functions of forests, China has divided forests
into ecological forests and commercial forests. Ecological forests
include protection forests and special-purpose forests. Commercial
forests include timber forests, economic forests and fuelwood forests,
as shown in the following table.
Table 2 Forests in China
Forest type
Area/proportion
Sub-type
Area/proportion
Stock volume /proportion
Ecological forests
116 million ha, 56%
Protection forests
99.67 million ha, 45.61%
7.948 billion m3, 54%
Special-purpose forests
16.31 million ha, 7.53%
2.17 billion m3, 14%
Commercial forests
89.58 million ha, 44%
Timber forests
1.77 million ha, 35.17%
4.602 billion m3, 31%
Economic forests
20.56 million ha, 0.93%
Stock volume of economic forests not calculated
Fuelwood forests
10.76%
59 million m3, 1%
1.3China’s forest management agencies
-------------------------------------
China’s forest management is under the jurisdiction of the State
Forestry and Grassland Administration (SFGA). Its main
responsibilities related to forest management include:
*
Supervision and administration of forests and grassland and their
ecological protection and restoration.
*
Organization and oversight of ecological protection and
restoration of forests and grassland as well as afforestation.
*
Supervision and administration of forest, grassland and wetland
resources.
*
Supervision and administration of terrestrial wild fauna and
flora.
*
Supervision and administration of all types of natural protected
areas.
*
Promoting forestry and grassland related reforms.
*
Formulation of policies related to optimal allocation of forest
and grassland resources and timber utilization, relevant domestic
forest industry standards and supervising their implementation,
and supervision and guidance on forest products quality
supervision.
*
Providing guidance for the tackling of major illegal cases in the
forest sector, supervising forest-related administrative law
enforcement, and guiding the public security management in forested
areas.
*
Implementing integrated disaster prevention and mitigation plan
related to forestry and grassland, developing forest and grassland
fire prevention plan and standards and guiding their
implementation, and guiding fire patrol, fire source management,
and fire safety facilities.
*
Oversight of forestry and grassland related science and
technology, education and international cooperation, guiding
talents development, conducting forestry and grassland related
international cooperation and exchange and undertaking the
implementation of RAMSAR, UNCCD and CITES etc..
Forestry and grassland authorities are also set up at province, city
and county level to supervise, manage and conserve forest and
grassland resources.
2Which laws regulate timber harvesting and exportation in China? 
=================================================================
NOTE: This section should provide a simple list of laws or regulations that regulate 
Timber harvesting and exportation in China.
These laws may include laws that:  
 Authorise or regulate the harvesting or exportation of timber; 

Prohibit or regulate timber harvesting in specified locations, such as in parks, reserves, 
or protected areas; 

Prohibit or regulate harvesting or exportation of specific tree species;  

Require any type of payment, such as royalties, stumpage, or other fees, for the 
right to harvest timber; 

Grant legal rights of use and tenure in relation to the place in which timber is 
harvested to people or groups of people, such as indigenous peoples; 

Prohibit or regulate the transportation, export, import, or transhipment of timber 
or wood products; 

Regulate the possession, purchase, sale, or processing of timber or wood products; 
and 

Otherwise must be complied with for timber or wood products to be considered 
legally harvested or exported.  
Please list and provide links to these laws and regulations. 

The Chinese government has enacted laws and regulations on forest
tenure, timber harvesting, timber transportation, and timber import
and export and has established a series of management systems.
Relevant laws or regulations are listed in the following table
(including but not limited to):
Table 3 List of Relevant Laws and Regulations
Content
Law or regulation
Website link
Approving or regulating timber harvesting, forest tenure, timber
transportation
Forest Law of the People’s Republic of China
http://english.forestry.gov.cn/index.php?option=com_content&view=article&id=307&catid=11&Itemid=111
Regulation on the Implementation of the Forest Law of the People's
Republic of China
http://en.woodlegality.net/forest_laws/iitem_id710_a6y0vetcepdnxq8b4pl8cq8841446120308102.shtml
Approving or regulating timber import and export
Customs Law of the People’s Republic of China
http://english.customs.gov.cn/Statics/644dcaee-ca91-483a-86f4-bdc23695e3c3.html
Foreign Trade Law of the People’s Republic of China
http://english.mofcom.gov.cn/article/policyrelease/Businessregulations/201303/20130300045871.shtml
Regulation of the People’s Republic of China on the Administration of
the Import and Export of Goods
http://www.mofcom.gov.cn/article/swfg/swfgbf/201101/20110107349108.shtml
Prohibiting or regulating logging in specific areas, such as parks,
nature reserves or protected areas;
Prohibiting or regulating the harvesting or exporting of specific tree
species;
Prohibiting or regulating the transport, export, import or re-export
of timber or timber products;
Measures on the Administration of the Nature Reserves of Forest and
Wild Animals
http://www.forestry.gov.cn/main/3950/20170314/459887.html
Regulations of the People’s Republic of China on Nature Reserves
http://english.mee.gov.cn/Resources/laws/regulations/Natural_Conservation_Biosafety/200711/t20071123_113364.shtml
Regulations of the People’s Republic of China on Scenic and Historic
Areas
http://www.gov.cn/flfg/2006-09/29/content_402774.htm
Regulations of the People’s Republic of China on the Place of Origin
of Import and Export Goods
http://www.gov.cn/zwgk/2005-05/23/content_240.htm
Regulations of the People’s Republic of China on Wild Plants
Protection
http://www.moa.gov.cn/gk/zcfg/xzfg/200601/t20060120_539972.htm
Regulations of the People’s Republic of China on Administration of
Import and Export of Endangered Wild Animals and Plants
http://www.gov.cn/zwgk/2006-05/17/content_282856.htm
Any forms of fees that must be paid for the right to harvest
Law of the People’s Republic of China on the Administration of Tax
Collection
http://www.gov.cn/banshi/2005-08/31/content_146791.htm
3How do timber harvesting laws operate in China? 
=================================================
NOTE: This section should provide information describing how China’s
laws in the
previous section operate, including the institutions in China that are responsible for managing and enforcing timber harvesting laws and regulations.  This information will
be important to inform trading partners about legal timber in China.  
This section may include general information that answers the following questions:  

What are the requirements of legislation in China that authorises or regulates the 
harvesting or exportation of timber? 

What are the requirements of the laws or regulations that prohibit or restrict 
timber harvesting in specified locations, such as in parks, reserves, or protected areas; 

What are the requirements of the laws that prohibit or regulate harvesting or 
exportation of specific tree species;  

What are the requirements of the laws that require any type of payment, such as 
royalties, stumpage, or other fees, for the right to harvest timber; 

What are the requirements of the laws grant legal rights of use and tenure in 
relation to the place in which timber is harvested to people or groups of people, such as indigenous peoples; 
What are the requirements of the laws that prohibit or regulate the transportation,
export, import, or transhipment of timber or wood products; 
What are the requirements of the laws that regulate the possession, purchase, sale, or processing of timber or wood products; and 

What are the requirements of any other laws that must be complied with for 
timber
or wood products to be considered legally harvested or exported.  
Please 
describe the requirements of these laws in such a way as to narrate the path that 
legal timber takes from harvest to export, including the agencies and authorities 
responsible for the relevant steps.   

When harvesting, transporting, importing and exporting timber,
relevant laws and regulations should be followed, such as the Forest
Law of the People’s Republic of China, Regulation on the
Implementation of the Forest Law of the People's Republic of China,
Regulations on Plant Quarantine, Rules for Implementing the
Regulations on Plant Quarantine (Forestry Part), Law of the People’s
Republic of China on the Administration of Tax Collection, Notice of
the Ministry of Finance and the State Administration of Taxation on
the Exemption of Taxes on Agricultural Specialties for Enterprises
Harvesting Logs from State-Owned Forest Areas, Notice of the Ministry
of Finance and the State Administration of Taxation on Tax Policies
for Enterprises and Organizations Implementing Natural Forest
Protection Projects, and Regulations of the People’s Republic of China
on Administration of Import and Export of Endangered Wild Animals and
Plants. At present, China is working on amending the Forest Law of the
People’s Republic of China.
3.1 How China regulates timber harvesting
3.1.1 Apply for a logging permit
According to the relevant provisions of Article 30 of the Regulation
on the Implementation of the Forest Law of the People’s Republic of
China, when applying for a logging permit, an applicant shall submit
the certificate showing the ownership of the trees or the use right of
the forestland, as well as other relevant supporting documents:
*
State-owned forestry enterprises and public institutions shall
submit the harvest plan and documents showing that regeneration on
the logged areas has been completed in the previous year;
*
Other organizations shall submit documents stating the purpose and
location of logging, as well as forest type, forest condition,
area, stocking volume, method, reforestation measures of the area
to be logged, etc.;
*
Individuals shall submit documents stating the logging location,
area, tree species, number of trees, stocking volume, time for
reforestation, etc.
3.1.2 Logging approval
According to Article 32 of the Regulation on the Implementation of the
Forest Law of the People’s Republic of China, except otherwise clearly
stipulated in the in the Forest Law, a logging permit could be issued
by the following authorities:
*
For county-level state-owned forest farms, the permit shall be
issued by the competent forestry authority of the local
county-level people’s government;
*
For state-owned forestry enterprises and public institutions as
well as other state-owned enterprises and public institutions at
the levels of provinces, autonomous regions, municipalities
directly under the central government, cities with district-level
divisions, and autonomous prefectures, the permit shall be issued
by the competent forestry authority of the local people’s
government of the corresponding province, autonomous region, or
municipality directly under the central government;
*
For state-owned forestry enterprises and public institutions in
key forest areas, the permit shall be issued by the competent
forestry authority of the State Council.
3.1.3 Locations where timber harvesting is banned
According to the relevant provisions of Article 31 of the Forest Law
of the People’s Republic of China, timber harvesting is banned in the
following locations:
*
For defense forests, seed production forests, environmental
protection forests, and scenic forests, which fall under the
category of protection forests and special-purpose forests, only
logging for the purposes of forest tending and regeneration is
allowed;
*
Trees in scenic and historical sites as well as revolution
memorial sites, nature reserves, and forests in tourist
attractions, which belong to special-purpose forests, are strictly
protected from harvesting.
3.1.4 Regulations prohibiting or restricting the export of trees,
their products and derivatives
According to Article 38 of the Forest Law of the People’s Republic of
China and the relevant provisions in the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) and the
Regulations of the People’s Republic of China on Wild Plants
Protection, it is prohibited or restricted to export precious and
endangered trees as well as their products and derivatives. Specific
provisions are as follows:
*
Precious trees, their products and derivatives are prohibited or
restricted by the state from exporting.
*
In the case of exporting precious trees, their products and
derivatives restricted from exporting, the exporter must have the
endorsement from the competent forestry authority of the local
people’s government of the corresponding province, autonomous
region, or municipality directly under the central government, and
report to the competent forestry authority of the State Council,
i.e. NFGA, for approval. The customs will only grant access when
seeing the approval documents from NFGA. Where the trees or their
products and derivatives to be imported or exported are endangered
species restricted from importing or exporting stated by the
international conventions ratified by China, the importer or
exporter must apply for the permit from the domestic endangered
species import and export management authority. The customs will
grant access when seeing the permit.
*
China is a party to CITES, and prohibits and/or restricts
harvesting or collecting the species listed in the CITES
appendices.
*
China has promulgated the Regulations of the People’s Republic of
China on Wild Plants Protection, prohibiting and/or restricting
the collection of the listed rare wild plants.
3.1Timber transport regulation in China:
----------------------------------------
3.2.1 Application and issuance of a timber transport certificate
According to Article 36 of the Regulation on the Implementation of the
Forest Law of the People’s Republic of China, the following documents
shall be submitted for applying for a timber transport certificate:
*
Logging permit or other documents showing the timber are from
legal sources;
*
Quarantine certificate;
*
Other documents prescribed by the competent forestry authority of
the people’s government of the corresponding province, autonomous
region, or municipality directly under the central government.
After receiving the documents above that are valid, the competent
forestry authority of the people’s government above county level shall
issue the timber transport certificate within 3 working days.
3.2.2 Timber transport regulation
According to Article 37 of the Regulation on the Implementation of the
Forest Law of the People’s Republic of China, approved by the people’s
government of the corresponding province, autonomous region, or
municipality directly under the central government, timber inspection
stations are set up in a forested area. The station is responsible for
inspecting timber transportation; if they find the timber is
transported without credentials, they shall stop the transportation
and may temporarily seize the timber and immediately report to the
competent forestry authority of the people’s government above county
level for penalty.
According to Articles 3, 7, 8, 9, and 10 of the Regulations on Plant
Quarantine, and Articles 14 to 22 of the Rules for Implementing the
Regulations on Plant Quarantine (Forestry Part), a phytosanitary
certificate shall be available when applying for a timber transport
certificate.
When transporting forest plants and their products subject to
quarantine, a Phytosanitary Certificate (original copy) shall be
handed over to the transportation authority or the postal department
for shipment along with the cargo, and the consignee shall keep it for
future reference. For plants and plant products received, the
phytosanitary institution of the province, autonomous region, or
municipality directly under the central government where the receiving
party is located shall check the phytosanitary certificate and may
re-examine the plants and their products if necessary.
3.2Taxes, fees and usage fees
-----------------------------
Entities engaged in timber harvesting, transportation and export shall
comply with relevant laws and regulations, and timely provide relevant
forestry departments and forestry management authorities with payment
evidence of taxes, fees and usage fees. These include but are not
limited to VAT and reforestation fees. In the timber supply chain,
taxes / fees are required at different phases, which must be paid at
the time of or before the issuance of official certificates and
permits.
*
Law of the People’s Republic of China on the Administration of Tax
Collection (Articles 1, 2, and 4)
*
VAT and other sales taxes: Law of the People’s Republic of China
on the Administration of Tax Collection (Articles 1, 2, and 4);
Notice of the Ministry of Finance and the State Administration of
Taxation on the Exemption of Taxes on Agricultural Specialties for
Enterprises Harvesting Logs from State-Owned Forest Areas; Notice
of the Ministry of Finance and the State Administration of
Taxation on Tax Policies for Enterprises and Organizations
Implementing Natural Forest Protection Projects, requiring the
following payments: 10% VAT on logs, and self-produced forest
products sold by forestry producers are exempt from VAT; VAT rate
for small-scale commercial enterprises is 4%; tax on special
agricultural products: a 5% tax is temporarily charged from
enterprises harvesting logs from state-owned forest areas in
northeast China and Inner Mongolia.
*
Income and profit tax: Law of the People’s Republic of China on
the Administration of Tax Collection (Articles 1, 2, and 4),
requiring to pay the corporate income tax.
3.3Regulation of the import and export of timber and timber products
in China:
--------------------------------------------------------------------
3.4.1 Import management
The import management of timber and timber products in China can be
divided into two categories, i.e. timber import management free from
CITES control and timber import management under CITES control.
(1)Non-CITES controlled timber import management procedures:
Step 1: When the goods arrive at the port, the customs shall confirm
the electronic warehouse receipt of the imported timber.
Step 2: When the goods are declared, the customs shall, depending on
the transportation means and category of goods, use the risk control
system to identify whether it is necessary to carry out boarding
inspection or quarantine. The following documents shall be provided at
the time of declaration:
*
Certificate of origin from the exporting economy
*
Phytosanitary certificate from the exporting economy
*
Latin name
*
Invoice
*
Packing list
Step 3: After successful declaration and electronic payment of fees,
taxes could be paid.
Step 4: After the goods are unloaded, the customs shall conduct risk
assessment and inspection, and quarantine the unqualified goods.
Step 5: In the case of payment over the counter, after the customs
declaration form is examined and approved, taxes shall be paid at the
bank counter.
Step 6: The goods are granted access.
(2)CITES controlled timber import management procedures:
In addition to obeying the above non-CITES controlled timber
management procedures, CITES controlled timber importer shall also
apply for an import and export permit from the state endangered species
import and export management office.
Step 1: The following materials shall be submitted:
*
Export permit issued by the overseas regulatory body of CITES
*
Import and export permit application form
*
Import and export approval documents issued by the competent
wildlife department of the State Council
*
Import and export contract
*
Identification documents
Step 2: After verifying the relevant materials, the state endangered
species import and export management office or its branch office will
issue the import and export permit.
Step 3: The importing enterprise submits the permit to the customs and
other materials required.
Step 4: After verification, the customs will stamp on the customs
declaration form as approval.
3.4.2 Export management
The export management of timber and timber products in China falls
into timber export management free from CITES control and timber export
management under CITES control.
(1)Non-CITES controlled timber export management procedures:
Step 1: Export inspection and quarantine shall be conducted at the
place of production or the place of the consigner, which will be
recorded electronically.
Step 2: The consigner of the exported goods shall declare at the
customs 24 hours before the goods arrive at the customs supervision
area and get loaded.
*
Inspection and quarantine electronic record
*
Invoice
*
Export permit
*
Processing trade manual (paper or electronic data) and other
import and export related documents required by the customs.
Step 3: Based on the risk identification results, the customs will
decide whether to conduct the inspection.
Step 4: The goods are released.
(2)CITES controlled timber export management procedures:
In addition to obeying the above non-CITES controlled timber
management procedures, CITES controlled timber exporter shall also
apply for an import and export permit from the state endangered
species import and export management office.
Step 1: The following materials shall be submitted:
*
Import and export permit application form
*
Import and export approval documents issued by the competent
wildlife department of the State Council
*
Import and export contract
*
Identification documents
*
Where the wild animals and plants and their products are
re-exported after import, the copy of the import and export permit
endorsed by the customs and the copy of the customs declaration
form for imported goods shall be submitted.
*
Where the imported wild animal and plant raw materials are
processed and then re-exported, the conversion plan and
explanation of the relevant production and processing shall also
be submitted.
*
Where the wild animals and plants and their products are
processed, imported and then re-exported, the processing trade
manual (paper or electronic data) issued by the customs shall be
submitted.
Step 2: After verifying the relevant materials, the state endangered
species import and export management office or its branch office will
issue the permit.
Step 3: The exporting enterprise submits the import and export permit
to the customs and other materials required.
Step 4: After verification, the customs will stamp on the customs
declaration form as approval.
4Licences, Permits and Certification Schemes 
=============================================
NOTE: This section should provide general information on any requirements for 
timber or wood products from China to have licenses, permits, or certifications.  
APEC member economies will want access to information that can be used to reducethe risk that timber
harvested in China has come from illegal sources.  There may 
be a variety of requirements for timber harvested in China to be considered legal.  
These may include:  
 An authority or permit to harvest or felling licence 
 An authority or permit to transport, process or trade 
 An export permit, issued by the relevant government authority  
 A certification or a domestic legality verification system 
A non‐government certification (harvest or Chain of Custody) scheme
recognised by China
Please list the ways that someone purchasing timber from China could reduce the
risk that the timber products have come from illegal sources, including the agencies responsible for issuing any documentation.  Suitable examples of documentation should be included at Appendix 1. 

4.1Legal timber certification in China
--------------------------------------
China has developed key measures to regulate the use of timber
resources and to facilitate sustainable forest management in China. In
order to achieve legal and sustainable use of forest resources, two
certificates form the basis to manage China’s timber resources as
follows:
4.1.1Timber Logging Permit (Appendices 1 and 2)
Article 32 of the Forest Law of the People’s Republic of China
stipulates that a logging permit is mandatory for felling trees. The
approval and issuing authority of a timber logging permit varies
depending on the applying harvesting agency and its operating
structure. The table below lists the detailed information on the
authorities responsible for issuing timber logging permits in most
cases in accordance with the provisions of the Forest Law.
Table 4 Issuing Authorities of Timber Logging Permits
Type of the harvesting organization
Issuing authority
State-owned forestry enterprises and public institutions, government
agencies, associations, troops, schools and other state-owned
enterprises and public institutions
Competent forestry authority above county level
Regeneration-oriented felling of railway and highway protection
forests and urban forests
Relevant forestry authority of county-level or township-level people’s
government
Rural collective entities
Competent forestry authority at county level
Rural residents who fell trees on their private hills and individually
contracted collectively owned trees
Competent forestry authority at county level or a township-level
people’s government entrusted by it
In addition, the Regulation on the Implementation of the Forest Law of
the People’s Republic of China prescribes as follows:
*
For county-level state-owned forest farms, the permit shall be
issued by the competent forestry authority of the local
county-level people’s government;
*
For state-owned forestry enterprises and public institutions as
well as other state-owned enterprises and public institutions at
the levels of provinces, autonomous regions, municipalities
directly under the central government, cities with district-level
divisions, and autonomous prefectures, the permit shall be issued
by the competent forestry authority of the local people’s
government of the corresponding province, autonomous region, or
municipality directly under the central government;
*
For state-owned forestry enterprises and public institutions in
key forest areas, the permit shall be issued by the competent
forestry authority of the State Council.
When applying for a logging permit, an applicant shall submit the
ownership certificate or the use right certificate of the woods
concerned, as well as other relevant application documents:
*
State-owned forestry enterprises and public institutions shall
submit the harvest plan and documents showing that reforestation
on the logged areas has been completed in the previous year;
*
Other organizations shall submit documents stating the logging
purpose, location, forest type, forest condition, area, stock
volume, method, reforestation measures, etc.;
*
Individuals shall submit documents stating the logging location,
area, tree species, number of trees, stock volume, time for
reforestation, etc.
4.1.2Timber Transport Certificate (Appendices 3 and 4)
Timber transport management is an important measure to regulate timber
transport and prevent illegally harvested timber from entering
circulation. Article 35 of the Regulation on the Implementation of the
Forest Law of the People’s Republic of China stipulates that timber
transported from a forest area, except those demanded to be
distributed by the central government, must have a timber transport
certificate issued by the competent forestry authority of the
corresponding people’s government above county level. The timber
transport certificate is valid from the place where the timber is
transported to the destination and must be shipped along with the
goods. Without a timber transport certificate, the carrier and
individual shall not accept the timber for carriage.
The timber transport certificate applies to the following products:
logs, sawn wood, bamboo and wood chips listed in domestic standards
and industry standards, and other timbers prescribed by provinces,
autonomous regions and municipalities.
The issuing authority of a timber transport certificate is: the
competent forestry authority of the corresponding people’s government
above county level.
To apply for a timber transport certificate, an applicant shall submit
relevant supporting documents:
*
Logging permit or other documents showing the timber are from
legal sources;
*
Quarantine certificate;
*
Other documents prescribed by the competent forestry authority of
the people’s government of the corresponding province, autonomous
region, or municipality directly under the central government.
Timber inspection stations are set up in forested area approved by the
people’s government of the corresponding province, autonomous region,
or municipality directly under the central government. The stations
are responsible for inspecting timber transport; if they find timber
is transported without credentials, they shall stop the transport and
may temporarily seize the timber and immediately report to the
competent forestry authority of the people’s government above county
level for penalty.
The above certificates and related documents, such as invoice or
ledger that associate timber products with logging, can be used as
evidence for the legality of the timber.
4.1Certification or domestic legality verification system
---------------------------------------------------------
The China Forest Certification Council (CFCC) is the main governing
body of the China Forest Certification System (CFCS). The Secretariat
is responsible for the daily operation. There are a technical
committee and a dispute mediation committee.
CFCC is composed of members from government agencies, research
institutes, higher education institutions, enterprises and non-profit
organizations. Its main responsibilities include:
*
Organize the drafting, validation and publishing of CFCS
documents;
*
Operate and manage CFCS;
*
Deal with disputes, complaints and appeals related to CFCS;
*
Promote and raise public awareness on CFCS;
*
Participate in international exchanges and cooperation on behalf
of CFCS.
CFCS was endorsed by the Program for the Endorsement of Forest
Certification Schemes (PEFC) in 2014 and has been recognized by more
than 40 countries. The scope of forest certification in China includes,
among others, forest management, chain of custody, non-timber forest
products, bamboo forests, forest eco-environment services, carbon sink
forests, and precious and rare species for production and management.
At present, CFCC has released two domestic standards including Forest
Certification in China-Forest Management and Forest Certification in
China-Chain of Custody as well as 23 industry standards such as Forest
Certification in China-Non-timber Forest Products Management. Among
them, the domestic standard on forest management certification covers
118 indicators, and the domestic standard for chain of custody adopts
the PEFC standard for chain of custody of forest products.
According to the requirements of the Rules of Forest Certification,
applicants shall put forward their request to a qualified
certification body who will conduct conformity assessment in
accordance with the procedures and the standards in the appendix of
the Rules of Forest Certification.
5Legality of timber products manufactured in China  
====================================================
NOTE: This section recognises that timber products from China may use timber inputs from numerous jurisdictions in manufactured products. APEC member economies will want access to information that can be used to assess and reduce the risk that timber in the manufactured products from China has come from illegal sources.   
In preparing this section, please indicate: 
whether there are any arrangements, formal or otherwise, to trace timber supply chains in China; 
whether China has any legality assurance systems for domestic timber used in manufactured or complex products1; 
whether China has any legality assurance systems for imported timber used in manufactured or complex products. 
Please list the ways that someone purchasing products with multiple timber inputs 
from Chinacould reduce the risk that the timber products have come from illegal
 sources, including the agencies responsible for issuing any documentation.  Suitable examples of documentation should be included at Appendix A. 

China Forest Certification System (CFCC/PEFC)-Chain of Custody (CoC)
CFCC/PEFC employs independent third-party certification audits to
ensure that forest management activities meet the CFCC/PEFC social,
economic and environmental sustainability criteria, and traces the
wood raw materials contained in forest products through CoC audits.
Correspondingly, for raw materials sourced overseas, forest product
suppliers and processing enterprises will conduct PEFC certification
of CoC or CoC certifications endorsed by PEFC, and put PEFC labels or
labels endorsed by PEFC on the certified products to prove the source
legality, traceability and sustainability of the timber raw materials
and forest products.
China Forest Products Industry Association (CNFPIA) Association
Standard-Timber Legality Certification in China
On August 1, 2017, the China Forest Products Industry Association
(CNFPIA) released the standard of Timber Legality Certification in
China. The standard stipulates the terms and definitions involved in
timber legality certification, the principles for certifying
enterprises’ timber source legality, the control method, and the
certification logo, among others. The standard applies to forest
management units, and timber processing and trading enterprises. For
enterprises engaged in both forest management and timber processing
and trade, all criteria of this standard shall be followed; for
enterprises engaged only in timber processing or trade, the CoC timber
legality standard shall be implemented.
6Other relevant non‐government resources
========================================
NOTE: Please include in this section: any initiatives or government endorsed or supported 
entities or resources that assist in the identification of timber legality. Sources may include 
organisations, civil society groups or multilateral forums.  

*
Global Forest & Trade Network (China) (GFTN-China)
Established in 2005, the Global Forest & Trade Network (China)
(GFTN-China) is a branch of GFTN in China (including Hong Kong and
Taiwan). Forest products businesses in China that identifies the
promotion of legal logging and sustainable forest management as their
corporate development strategies can become members of GFTN-China.
GFTN-China provides an important platform for its members to fulfill
their commitment to responsible forest products manufacturing and raw
materials procurement. In China and its timber and fibre supply
countries, GFTN-China works to promote and improve the management of
precious and threatened forests and curb illegal logging. GFTN-China
encourages more enterprises who support legal timber trade to join it
through a series of activities such as training, publicity, field
assessment and market research.
http://www.wwfchina.org/programmedetail.php?id=39
*
China Responsible Forest Product Trade and Investment Alliance (China
RFA)
The China Responsible Forest Product Trade and Investment Alliance
(China RFA) is founded by the Research Center for International Trade
in Forest Products (CINFT) of the State Forestry and Grassland
Administration (SFGA) with the support of relevant environmental
protection organizations, international organizations, foundations,
research institutes, associations, industry leading enterprises and
financial organizations. China RFA supports the formulation of green
trade policies, promotes the development of green forest product
market, and builds a platform for exchanges and dialogues on
responsible forest product trade. China RFA is governed by the Council
made up of the initiating organizations, with its members being forest
product enterprises that meet legal or sustainable and other green
environmental standards. It is a non-profit and open alliance of
responsible forestry enterprise members, and works closely with
partners to build China’s responsible forest products forum and information
center.
http://www.chinarfa.cn/
*
China Paper Products Sustainable Development Initiative (CSPA)
The initiative was co-launched by the World Wide Fund for Nature (WWF)
and the Chinese Forestry Industry Association (CFIA). The first group
of businesses supporting CSPA covers 10 local and international
enterprises in the whole paper and pulp supply chain, including
China’s largest state-owned paper company, China Paper, and the
largest private paper company, Sun Paper. It also includes
internationally renowned enterprises such as Kimberly-Clark,
International Paper, UPM, Stora Enso, Fibria, and HP, Fuji Xerox, and
IKEA. The initiative requires member companies to produce and purchase
responsible paper products through a series of measures to rapidly
increase the supply of and demand for certified and recycled paper
products. These measures include adopting traceable supply chain
management to reduce illegally sourced fiber, using responsible forest
management to conserve forest resources, raising consumer awareness of
consuming certified and recycled paper products to stimulate the
supply of and demand for credible certified fiber and recycled paper
products among manufacturers and consumers, and building platforms to
expand the market demand for Chinese responsible paper products
worldwide. Therefore, responding to this initiative is an effective
way for enterprises to demonstrate their responsible corporate
development strategies to the public.
http://www.sh.xinhuanet.com/2015-09/15/c_134625890.htm
7Who should I contact to get more information?
==============================================
Note: This chapter shall provide government contact details for
obtaining timber legality information.
For further information, please contact:
State Forestry and Grassland Administration of China
Email: [email protected]
Website: www.forestry.gov.cn
8Appendices
===========
Note: This chapter contains additional information, including relevant
document samples, or links to websites that provide more information.
Relevant document samples may include felling licence, logging permit,
export permit, or government-approved legality certificates. Providing
document samples will help APEC member economies, the private sector,
and social groups understand the specific contents of the documents.
Appendix 1: Timber Logging Permit (English translation)
Appendix 2: Timber Logging Permit (example)
Appendix 3: Timber Transport Certificate (English translation)
Appendix 4: Timber Transport Certificate (example)
Appendix 1: Timber Logging Permit (example)
===========================================
Timber Logging Permit

Appendix 2: Timber Logging Permit (English translation)
=======================================================

Appendix 3: Timber Transport Certificate(example)
=================================================

Appendix 4: Timber Transport Certificate (English translation)
==============================================================