NATIONAL HORTICULTURE BOARD (An initiative by Ministry of Agriculture and Farmers’ Welfare)
INVITING EXPRESSION OF INTEREST FOR SELECTION OF AGENCY FOR OPERATION AND MANAGEMENT OF INDIA GARDEN INCLUDING CAFETERIA, SOUVENIR SHOP AND ORGANIZING CULTURAL ACTIVITIES AT BEIJING EXPO 2019- AIPH APPROVED – CATEGORY A-1
Date of Issue of EOI: 11.02.2019
Last Date of Submission of EOI: 25/02/2019 upto 2.30 p.m. Date of opening of EOI: 25.02.2019 at 3.30 p.m. Date of pre-bid meeting 14.2.2019 at 3.30 p.m. Date of Technical presentation 28.2.2019 at 4.00 p.m.
EOI should be submitted in the office of: National Horticulture Board Ministry of Agriculture & Farmers Welfare Govt. of India 85, Institutional Area, Sector – 18, Gurugram Tel: 0124-2342992, 2347441 Email Id: [email protected] [email protected]
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EOI for Operation and Management of India Garden, Beijing | Prepared by DRONAH. 2
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EOI for Operation and Management of India Garden, Beijing | Prepared by DRONAH. 3
DISCLAIMER The information contained in this Expression of Interest (EOI) or information provided subsequently to agencies or applicants whether verbally or in documentary form is provided to the agencies on the terms and conditions set out in this EOI document and all other terms and conditions subject to which such information is provided.
This EOI document is not an agreement and is neither an offer. This EOI does not claim to contain all the information each agency may require. Each agency may conduct its own independent investigations and analysis and is free to check the accuracy, reliability and completeness of the information in this EOI.
NHB makes no representation or warranty, express or implied, and shall incur no liability whatsoever under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this EOI. NHB may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this EOI.
The information contained in the EOI document is selective and is subject to update, expansion, revision and amendment. NHB does not undertake to provide any agency with access to any additional information or to update the information in this EOI or to correct any inaccuracies therein, which may become apparent. NHB reserves the right of discretion to change, modify, add to or alter any or all of the provisions of this EOI, without assigning any reasons whatsoever. Any information contained in this document will be superseded by any later written information on the same subject made available/accessible to all recipients by NHB.
It may be noted that notice regarding corrigenda, addendums, amendments, time-extensions, oAnttftonottnC,tttCttnCttottnrtnottCAtqdttttCttoo.,ttftnnotottIuC,tptAAtntotetttdeAtCetutoettdret nnotnuvttotCtetnottntntpCtntttCttttnnottoetttetutn.tLrtnottCtCenAAtttrdAntAotvtCtots dACt website for any changes / development in relation to this EOI.
NHB will not have any liability to any prospective Applicant or any other person under the law of contract, for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this EOI document.
NHB also reserves the right to hold or withdraw or cancel the process at any stage under intimation to the Applicants who submit the applications or EOIs.
NHB will not have any liability in case of non-receipt of any correspondence from them to the Applicants due to the postal delays.
EOI for Operation and Management of India Garden, Beijing | Prepared by DRONAH. 4
1. Introduction
Background
The National Horticulture Board (NHB) is an autonomous organization under the administrative control of Ministry of Agriculture and Farmers Welfare, Government of India and is responsible for holistic growth of horticulture sector in the country. The National Horticulture Board, Gurgaon is participating in the International Horticulture Exhibition, 2019, Beijing organized by the Government of China dnutttoettoetett‘Atvtt Green, Live dtoottA.
CnutnACttnotottnt oetCt IitttenCt ettntCdeetootutftttnntudouttttIietetottntdnutttoettCdet oetett‘ ntetnotptoetsnodttAtnetnrtoettftvttCdeoetetCtottettCtAtootutdnutttoettentnt theme. Under this sub-theme, participants can present special plants, the habits and customs, and the culture and arts of their country or region, exhibit their otdnotoAC national flower, build their national gardens, special garden architectures and garden masterpieces with authentic features, show the different horticultural styles in the world and organize cultural activities with national specificities in order to build a platform for exchange and cooperation among the various cultures of the world.
The construction work at India Garden site is going on at fast pace and will be completed by 31st March 2019. The agency will be selected on No- Cost basic to NHB, i.e., the agency will have to generate the revenue through commercial activities on site.
Horticulture Exhibition Details
Name o Official name: The International Horticultural Exhibition 2019, Beijing, China o Abbreviation: Beijing Expo2019; Beijing Expo o Alternative name: The International Horticultural Exhibition by the Great Wall Session: 162 days Time for the Opening and Closing Ceremony o Opening Ceremony: Apr.29,2019 o Closing Ceremony: Oct.07, 2019 Host Site: Yanqing District, Beijing City
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Important Dates
The timelines of this EOI are detailed in the table below.
Date of Issue of EOI: 11.02.2019
Last Date of Submission of EOI: 25/02/2019 upto 2.30 p.m. Date of opening of EOI: 25.02.2019 at 3.30 p.m. Date of pre-bid meeting 14.2.2019 at 3.30 p.m. Date of Technical presentation 28.2.2019 at 4.00 p.m.
Reputed agencies from India with experience of managing and operating event/ projects outside India and especially at International Horticultural Events abroad are invited to participate.
Selection of Agency for Operation & Management India Garden including Cafeteria, Souvenir Shop and Organizing Cultural Activities Work at India Garden in International Horticulture Exhibition 2019, Beijing, China.
National Horticulture Board intends to select agency for operation and Management of a Cafeteria, Souvenir Kiosk, and Cultural Activities at India Garden.
National Horticulture Board (herein after referred to as NHB) requires the services of well established, experienced entity for Operating and Managing of such Setup which would be run at India Garden at Beijing from 29th April 2019 to 7th October 2019.
(Duration of Exhibition is 162 days from 29th April 2019 to 7th October 2019)
Interested agencies shall have experience in: Operation and management of Outdoor Garden and cafeteria and Souvenir shop or similar works incorporating Cultural Events and associated activities in minimum of two International Horticultural Expositions outside India and other eligibility criteria as mentioned hereafter.
For EOI document, you may refer to the website http://www.nhb.gov.in
Venue NHB Office, Gurugram, Haryana For and on behalf of The Deputy Managing Director, National Horticulture Board Address: 85, Institutional Area, Sector – 18, Gurugram - 122015 (Haryana) Tel: 0124-2342989, 2343348 Email Id: [email protected], [email protected]
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2. Purpose of this EOI:
NHB now intends to appoint an established and experienced agency to manage, organize and operate India Garden including Cafeteria, Souvenir Kiosk and Cultural Events. Through this EOI, NHB intends to gauge the prospective agencies who are interested and capable in the project and to appoint the same.
3. Terms of Reference (ToR)
3.1 This assignment is for Management and operation of India Garden including Cafeteria, Souvenir Shop and Organizing Cultural Activities Work at International Horticulture Exhibition, 2019 Beijing, China. This work will be carried out by a reputed and experienced agency. The general maintenance, upkeep and cleaning of India Garden etc. has been separately contracted out to Chinese Agency. The contractor selected through this EOI shall be responsible for coordination with the said Chinese Agency for maintenance and upkeep of the Garden, apart from other responsibilities as listed out in this document.
3.2 Selected agency will work under the directions and guidance of NHB. It shall be the responsibility of the Agency to ensure all activities undertaken by them for NHB are in accordance with the legal framework.
3.3 It shall be responsibility of the agency to ensure applicability of local laws and Insurance coverage etc. in respect of the manpower hired by them.
3.4 The agency shall operate at No-Cost basis to NHB. They have to operate and manage with revenue earned from commercial activities at India Garden and any loss or profit from such activity is to their account.
3.5 Facilities to be provided free of cost to Agency:-
3.5.1 Café: complete with building furniture, interior works, A/C and kitchen with appliances and equipments. (Kitchen equipment is marked in the drawing layout). 3.5.2 Souvenir Kiosk with lockable cupboard 3.5.3 Stage, seating with general lighting 3.5.4 Power and water connection 3.5.5 Complete and functional civil works and amenities and systems at the India Garden Pavilion.
3.6 Facilities to be paid for to organizers of Expo 2019 Beijing.
3.6.1 Royalty on sales as mentioned in Special Regulations ( Special Regulation No. 09, Article 7, Annexure III of this document) 3.6.2 Electricity and water supply bills. 3.6.3 Local taxes as applicable. 3.6.4 Accommodation for Agency Personnel, if availagle from Expo 2019 Beijing authorities on payment basis as per rules.
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4 Earnest Money Deposit (EMD)
4.1 The agency shall furnish as a part of its EOI submission, an Earnest Money Deposit (EMD) of Rs. 50,000/- (Rupees Fifty Thousand Only) by way of demand draft or bankers cheque or pay order in favor of:-
National Horticulture Board
4.2 The amount shall be furnished in Indian Rupees (INR).
4.3 Rejection of EOI: Any EOI not accompanied by EMD as mentioned above, shall be summarily rejected by NHB, without any further correspondence.
4.4 The EMD shall be forfeited:
4.4.1 if an agency withdraws his EOI during the validity period; or
4.4.2 if an agency makes any statement or encloses any form which turns out to be false, incorrect and/or misleading at any time prior to signing of contract and/or conceals or suppresses material information; or
4.4.3 If the Successful agency fails to sign the contract or furnish performance security / guarantee in the form and manner to the satisfaction of NHB, as mentioned in the Documents; or 4.4.4 In the event of any evasion, avoidance, refusal or delay on the part of the Successful Agency to sign and execute the contract/ agreement/ document or any such document, as may be required by NHB in case the EOI is accepted.
4.5 The EMD of unsuccessful agency/ies will be returned within 30 (Thirty) days from date of award of contract to the successful agency.
4.6 Any decision by NHB in this regard shall be final, conclusive and binding on the agency/ies to this EOI.
5 Eligibility Criteria for Agency/ies:
5.1 The agency/ entity must be registered in India as per applicable law. 5.2 The agency should have minimum turnover of Rs. 75 lacs and above per annum for the last three financial years in related fields. 5.3 The agency/entity should have done at least two (02) event management works in
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similar projects in World Horticulture Expositions abroad of A1 category.
5.4 The agency/owner should not have been blacklisted by any Govt. bodies / PSB / PSU during the last three years (As on April 01, 2018)
All eligibility requirements mentioned above should be complied by the agencies as applicable and relevant support documents should be submitted for the fulfillment of eligibility criteria failing which the EOI may be summarily rejected. Any decision of NHB in this regard shall be final, conclusive and binding on the agency.
5.5 NOTE:
5.5.1 Site Visit: Applicants may, at their own discretion, make a site visit at their own expense for making Phase II presentation before the designated committee appointed by the National Horticulture Board. NHB will issue a letter of introduction to the Chinese Embassy to such Agency/entity/person who is successful at Phase I level for issuance of visit visa if required.
5.5.2 Submission of EOI: Interested parties need to submit a brief profile of the organization/owner, Chartered Accountant audited financial statements for the last three financial years, certificates and evidence of relevant experience along with a detailed proposal based on information required for phase I and phase II evaluation and any other relevant material along with EMD of Rs.50,000/- as mentioned before.
The Deputy Managing Director, National Horticulture Board, 85, Institutional Area, Sector 18, Gurugram – 122 015 Date & Time 6.1 Evaluation Criteria:
A designated committee shall be appointed by the NHB, which shall evaluate all the proposals/presentations and select the most suitable application received by way of EOI as per two phase evaluation. Only those selected as phase I level will be eligible for phase II presentation.
6.2 Procedure for Selection:- Phase 1 & Phase 2
1. All the proposals received will be scrutinized to assess their eligibility based on the qualifying criteria. Those proposals which do not meet the qualifying criteria will be rejected, forthwith, or at any stage of detection.
2. NHB will finalize Agency on the basis of the following evaluation criteria at
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Phase 1:- Phase 1 Parameters Marks Marks Sl.No Description Out of: obtained Name of the Agency /Entity: 1 Annual Turnover in related field (Handicrafts/Cafeteria/Event) 15 2 If organized Outdoor Garden at AIPH approved International event abroad Yes/No (Strike out what is not applicable) If yes-Number of such events organized abroad (at 2 marks per event). 5 3 If participated at commercial section of International Exhibition abroad Yes/No including at Cafeteria/Souvenir/Cultural (Strike out what is not applicable) If yes-Number of different events at which participated (at 2 marks per 10 event). 4 Team and other infrastructure (Give Details) 05 5 Experience in Public relations and handling of VIP and Diplomats during 05 International Exhibition abroad (Give Details) Total Score 40 Note:- Please attach supporting documents for each event /claim. Only those agencies will qualify for the Phase 2 evaluation, whose score is minimum 25 out of 40 in Phase 1. Phase 2:- Phase 2 - Parameters The qualified agencies in Phase I shall be requested to mark a 15 min presentation on some of their recent event s managed by their team. They will be rated in the following parameter:- Sl.N Marks Description Marks o obtained Name of the Agency Owner: 1 Understanding of the requirement of the project 15 2 If organized/managed Outdoor Garden at AIPH approved International 5 Horticultural Event of A-1 Category (list attached) in last 5 years 3 Award/Prize gained at Outdoor Garden level at AIPH approved International 10 event (at 2 marks per event) 4 Award /Certificate gained at commercial participation level at International Exhibition event abroad (at 2 marks per event); For Cafeteria /Souvenir 04 For Cultural 06 5 Number of Cultural events proposed to be held by agency during the exhibition 10 period (at 1 mark for 10 events). 6 Variety in Menu in Cafeteria 05 7 Variety in Items to be sold at Souvenir Shop 05 Total Score 60 Note:- Please attach supporting documents. "Cultural events proposed "refers to the total number of cultural events agency proposed to hold over the 162 days at 1 mark for every 10 events. The agency obtaining the highest marks in Phase 2 will be selected to operate and manage India Garden, Beijing , China
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7. Scope of work:
7.1 General Concept:
The agency or service provider shall manage the India Garden and also operate and maintain the cafeteria, souvenir shop and conduct cultural events at India Garden, at International Horticulture Exhibition, 2019, Beijing.
7.2. India Garden The agency or service provide shall manage, operate and maintain the cafeteria, souvenir shop and conduct cultural events at India Garden at International Horticulture Exhibition 2019, Beijing as well as conduct overall supervision of the India Garden and coordinate with the Chinese Agency responsible for general maintenance, upkeep and cleaning of the India Garden etc. which has been separated contracted out.
7.3 Cafeteria: Cafeteria is proposed at India Garden site which contains sitting capacity of 15-20 persons, having approximate covered area up to 34.11 Sqm (367.15 Sq.ft.) along with the cafeteria, kitchen setup and basic equipments. The scope of work is as mentioned below. a) To manage and operate the cafeteria in India Garden. b) Typical Indian food and snacks and drinks etc. should be part of the menu and be served by trained personnel in typical Indian attires
7.3 Souvenir Shop: Souvenir shop proposed at India garden site will display/showcase the arts and crafts from different states and having approximate area up to 5.67 Sqm (61 Sq.ft.) (Please refer Annexure II for Drawings and View).
a) Display/sale of quality handicrafts made in different parts of India, the suggested items may include the items as follows: a. Dried flowers and Pot Pourri b. Flower extract oil and Attars and Henna Paste c. Natural Herbs d. Indian spices e. Indian Horticulture products f. Tea and coffee g. Jams and pickles h. Hand rolled flower incense i. Hand embroidered panels/ Zari work flower patterns j. Wooden articles with flower patterns k. Stone/Clay items l. Fashion Jewellery m. Precious &semi-precious jewellery n. Silk scarves/ stoles and textile items with floral patterns o. Photographs, slides, postcards, sound and video recordings (including films, CDs, DVDs or other electronic media), books and stamps.
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p. And other such related / recommended items/souvenirs etc.with prior approval of NHB.
7.4 Cultural Events: Stage Platform and seating is given to organize cultural events at India garden site having approximate area up to 24.2 Sqm (240 Sq.ft.) and seating capacity of approximately 30-40 and a performing capacity of 2-4 people on stage (Please refer Annexure II for Drawings and View). (Cultural Events should be organized per week incorporating different Arts of India).
7.4.1 To organize Cultural events as per criterion below with artists having good skills of Indian traditional art. 7.4.2 Cultural activity may include Crafts Artisan demonstration, Indian dance forms, musical performances, yoga etc. 7.4.3 All content should be on Indian cultural relevance and heritage. 7.4.4 Manage and coordinate general event logistics, volunteers & staffing, technical equipment, presentations, protocol management of VIP guests and dignitaries, and any other relevant tasks as required on site India Garden at Expo 2019 Beijing. 7.4.5 Stage Setup, Lighting Fixtures, audio systems etc. for technical support as per Agency requirement to be organized, for which the power supply will be provided. 7.4.6 Advertising of events on Expo site etc., Backdrops, Posters etc. for the events. 7.4.7 Ensure all applicable licenses and appropriate insurance coverage if required.
7.5 Visitor guides: Visitor Guides (2 no.s) having good command English and Chinese will be required to assist tourists/visitors at the India Garden Site, whose job will be to explain the concept of India Garden and different cultures across the country nnutottnCCtCottnttnotttttonottntudttnrteCIACt visit.
7.5.1 Recommended staff having good command of English and Chinese language is necessary to assist the tourists and visitors.
7.5.2 Any other related work pertaining to functioning, operating and management of Cafeteria, Souvenir kiosk and Cultural Events not specified/mentioned here in above is in scope of agency (other than civil related work or works related to regular maintenance, garbage disposal and cleaning / repair and planting of Indian Garden Pavilion which have been separately given out to Chinese Agency).
8. Guidelines for Agencies:
8.1 The agency must submit a certificate of undertaking on its official letter-head duly signed by its authorized signatory confirming the acceptance of all the terms & conditions contained in and spread throughout this EOI Document.
8.2 NHB reserves the right to accept or reject in part or full any or all the EOIs without assigning any reason whatsoever. Any decision of NHB in this regard shall be final, conclusive and binding on the agency.
8.3 Supporting documents can be by way of accomplishment/experience of the agency / owner of entity in the related field.
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8.4 NHB reserves the right to re-issue / re-commence the entire EOI process in case of any anomaly, irregularity or discrepancy in regard thereof. Any decision of the NHB in this regard shall be final, conclusive and binding on the agency.
8.5 Modification to the EOI Document, if any, will be made available as an addendum on the NHB website and / or emailed to the prospective agencies.
8.6 The EOI Documents may be downloaded from NHB website and submitted in hard copy at the address mentioned in the Document.
8.7 If a holiday is declared on any of the dates mentioned above, the EOIs shall be received /opened on the next working day at the same timings specified above.
8.8 Each vendor shall submit only one proposal. 8.9 Successful agency/ies would be required to sign and seal along with the agreement, other forms contained in the EOI Document, with NHB, at Gurgaon.
8.10 During the exhibition period, employees / contracted workmen of the Agency may have to visit the site multiple times, at no extra cost to the NHB. NHB will provide documentary and other support as required by Agency for receiving long term visa from the Chinese authorities for the purposes of this award.
8.11 EOI shall remain valid for a period of 90 (ninety) days from the date of submission of the EOI.
8.12 During the period of evaluation, agencies may be asked to provide more details and explanations about information they have provided in the proposals. Agencies should respond to such requests within the time frame indicated in the letter/e-mail seeking the explanation
8.13 Decision of NHB in respect to evaluation methodology and short-listing Agencies will be final and no claims whatsoever in this respect will be entertained.
8.14 A proposal determined not relevant will be rejected by the NHB and despite any correction by the agency of the non-conforming item(s), may not be considered relevant by the NHB.
9. Procedure for Submission of EOI
9.1.1 Before submission, the agencies are requested to carefully examine all the Documents and the terms and conditions thereof, and if there appears to be any ambiguity, gap(s) and/or discrepancy between any of the Documents they should forthwith refer the matter to NHB for necessary clarifications and / or confirmation.
9.1.2 The agency shall complete in all respects, form(s) annexed to the EOI Documents, furnish the information called for therein, and sign with date and stamp each of the
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documents contained in/annexed to the said EOI.
9.1.3 The EOI shall be properly signed by a person or persons duly authorized by the agency. In case of Individual entity/ firm, ntennottACtottotftonottudAotvtttfotnrtoettCtrnnodtttnCt partner/ proprietor / authorized signatory etc. should be enclosed. In the case of a body corporate, the EOI shall be signed by the duly authorized officers and supported by requisite internal corporate authorizations and attested by notary.
9.1.4 The EOI forms and the Documents shall be arranged in serial and no alteration(s) or mutilation(s) (other than filling in all the blank spaces) shall be made in any of the EOI Documents attached thereto. Any alterations or changes to the entries in the attached documents shall be requested by a separate covering letter, in the absence of which it shall be rejected. Any decision in this regard by the NHB shall be final, conclusive and binding on the agency. The EOI should be submitted serially by first filling out forms I to IV .Supporting documents and pages may be attached serially by mentioning them as Annexure to Forms I to IV. (For example supporting documents for Form II should be termed as Form II- Annexure 1, Form II Annexure 2 and so on.)
9.1.5 The Agency shall bear all costs for the preparation and submission of the EOI Documents. NHB shall not be responsible or liable for reimbursing/compensating these costs, regardless of the conduct or outcome of the selection process.
9.1.6 The EMD should be paid along with the EOI Document during submission. EOIs without the EMD shall be rejected.
9.1.7 The Agency, irrespective of his/her participation in the process, shall treat the details of the documents as secret and strictly confidential.
9.1.8 The EOI prepared by the agency, as well as all correspondence and documents relating to the EOI exchanged by the Agency and NHB and supporting documents and printed literature shall be in English (copies of supporting originals if issued in foreign language may be included).
9.1.9 The Agency shall submit their offers strictly in accordance with the terms and conditions of the EOI Documents. Any EOI, which stipulates conditions contrary to the terms and conditions given in the EOI Documents, shall be rejected. Any decision in this regard by NHB shall be final, conclusive and binding on the Agency.
9.1.10 The Agency cannot quote for the project in parts.
9.1.11 The Agency shall prepare the EOI based on details provided in the EOI documents. It
must be clearly understood that the specifications are intended to give the Agency an idea about the order, type, scale and magnitude of the work and are not in any way
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exhaustive and guaranteed by NHB. 9.1.12 The EOI shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Agency, in which case such corrections shall be initialed by the authorized person or persons signing the EOI. 9.1.13 The EOI should be a complete document and should be bifurcated in two parts relevant to Phase I and Phase II and should be bound as two separate volumes. The volumes/pages should be printed on one side only with page numbers and appropriately flagged and contain the list of contents with page numbers. The deficiency in documentation may result in the rejection of the EOI. Any decision in this regard by NHB shall be final, conclusive and binding on the Agency. 9.2 Sealing and marking of EOI
9.2.1 EOI should be submitted in Hard copy in two parts as mentioned above, as a spiraled/ hard bound document and must contain both volumes for Phase I and Phase II and be super-scribed with the following information:
“Expression of Interest for Selection of Agency for Operation of Cafeteria, Souvenir Shop and Organizing Cultural Activities Work at India Garden in International Horticulture Exhibition 2019, Beijing, China.”
9.2.2 Due Date:- 9.2.2 Reference No. EOI-Cnutntsntutn/……. 9.2.3 Name of Agency:- 9.2.4 Name of the Authorized Person/Mobile Number;- 9.2.5 Hard copy submission to be addressed to the following:-
The Deputy Managing Director, National Horticulture Board, Address: 85, Institutional Area, Sector – 18, Gurugram - 122015 (Haryana) Tel.: 0124-2342989, 2343348
9.3 Documents to be submitted along with EOI
The following documents inter-alia have to be submitted by agency :- 9.3.1 Expression Of Interest : Form I 9.3.2 Statement of Applicant: Form II 9.3.3 Similar Work Experience: Form III 9.3.4 Chartered Accountant Certified Turnover Certificate for last three financial years: Form IV 9.3.5 Copy of PAN Card and GST Registration 9.3.6 Earnest Money Deposit – Rs.50, 000/-. 9.3.7 dnnottACtottotftonot/tstttttate Authorization duly attested (as per clause 9.1.2 & 9.1.3) 9.3.8 Certificate of undertaking as per clause 8.1
9.4 Agency / Authorised Person
9.4.1 The "Agency" as used in the EOI Documents shall mean the entity on whose behalf the EOI documents have been signed. The signature may be of either the Principal Officer or his duly Authorized Representative, in which case he/she shall submit a
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certificate of authority. All certificates and documents (including any clarifications sought and any subsequent correspondences) received hereby, shall, as far as possible, be furnished and signed by the Authorized Representative/Principal Officer.
9.4.2 The Agency shall clearly indicate their legal constitution and the person signing the EOI shall state his capacity to bind the Agency.
10 Award to Agency
NHB shall select the Agency evaluated as the most suitable as per Phase II. Selected Agency/ies will have to enter into an agreement with NHB. NHB's decision with regards to selected Agency/ies would be final.
11 Period of Operation and Management
NHB proposes to select/appoint the agencies for a period from 15th March - 31st Oct.2019
12 . Performance Security in the Form of Bank Guarantee
12.1 The selected agency shall give a Performance Bank Guarantee of Rs. 10, 00,000/- (Ten lacs only). 12.2 The Performance Bank Guarantee (PBG) should be issued by a scheduled commercial bank and directly forwarded to the NHB. 12.3 The Performance Bank Guarantee (PBG) should be valid for a period from 15th March to 31st October 2019. 12.4 The proceeds of the PBG shall be payable to NHB as compensation for any loss or damage resulting from the Agency's failure to complete its obligations under and in accordance with the Contract. 12.5 Penalties/damages, if any will be recovered from the PBG. The total penalty amount shall not exceed the PBG under any circumstances. 12.6 Failure of the successful agency to comply with the scope of work constitute sufficient grounds for the annulment of the award and forfeiture of the Performance Bank Guarantee, in which event NHB may award the works to the next best evaluated agency or call for new EOIs. Any decision in this regard by NHB shall be final, conclusive and binding on the Agency. 12.7The incidental expenses of execution of the Contract as well as the conditions stipulated in the contract shall be strictly adhered to and any breach / violation thereof can entail termination of the Contract without prejudice to the other right of NHB including but not limited to the right to levy / impose and recover penalties.
13 Indemnity
The agency shall execute and furnish to the NHB, a deed of indemnity in favor of the NHB in a form and manner, indemnifying NHB, its directors, employees, agents and representatives from and against any costs, loss, damages, expense, claims, litigations, suits, actions,
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judgments, and or otherwise including but not limited to those from third parties or liabilities of any kind howsoever suffered, arising out of or incurred inter alia during the Contract period due to infringement of Intellectual Property Rights including but not limited to patent, trademark, copy-rights or industrial drawings and designs arising from use of the Services or any part thereof and/or otherwise, the cause of which is attributable to the Agency/ies. The provisions under this clause shall survive the termination of the Contract.
14 Inspection and Quality Control tests/Check
NHB reserves the right to evolve a procedure of quality checking to ensure that the operation and maintenance of cafeteria, souvenir shop and cultural events are according to the prescribed specifications and standards.
15 Warranty / Defect
15.1 Nothing stated herein above shall in any way release or discharge the agency from any warranty or other obligations / liabilities under and in accordance with this EOI.
15.2 If the Agency having been notified fails to remedy the defect(s) within the period 30 days from the date of intimation/receipt of notice, NHB may proceed to take such remedial action as may be necessary, at the Agency's risk and expense and without prejudice to any other rights, which NHB may have against the Agency under and in accordance with the EOI.
16 Amendments in EOI No variation in or modification of the terms of the EOI shall be made, except by prior written amendment after obtaining prior written approval from both the Parties and shall be signed by the Parties.
17 Dispute Resolution
17.1 The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with this EOI in the following manner:-
17.2 The Party raising the dispute shall address to the other Party a notice requesting an amicable settlement of the dispute within Thirty (30) days of receipt of the notice.
17.3 The agency shall not be entitled to suspend the provision of the Services or the completion of the job, pending resolution of any disputes between the Parties and shall continue to render the Services in accordance with the provisions of the Contract notwithstanding the existence of any dispute between the Parties or the subsistence of any proceedings.
17.4 Provision under this section survives the contract.
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18 Addresses for Notices
18.1 All notices, requests, consents, waivers or other communication required or permitted hereunder shall be in writing to NHB and be addressed as follows:-
National Horticulture Board Ministry of Agriculture & Farmers Welfare Govt. of India 85, Institutional Area, Sector – 18, Gurugram Tel: 0124-2342992, 2347441 Email: [email protected], [email protected]
18.2 All notices, requests, consents, waivers or other communication required or permitted hereunder shall be in writing to Agency and be addressed as per information contained in Form II.
19 Taxes and Duties:
The Agency will be entirely responsible for all applicable taxes, duties, levies, imposts, costs, charges, license fees, royalty etc. that shall be levied according to the laws and regulations applicable from time to time in India or China.
20 Successful Agency’s Integrity
The Successful agencies are responsible for and obliged to conduct all promised activities strictly in accordance with terms agreed and exercising all means available to achieve the performance specified in the EOI.
21 Successful Agency’s Obligation
21.1 eettMdootCCfdAt nrtnottCtntttteAtrtutott pttotoAtCtAotptoet s dACtConff,tnoot ptoetnttoCt own authority and abide by directives / instructions issued by NHB from time to time. The Successful Agencies will abide by the job safety measures prevalent in India and China and will free / indemnify NHB from all demands or responsibilities arising from accidents or loss of life, the cauCtttftpetoettCt oettnrtnooACtntrAtrtnot.teettMdootCCfdAt nrtnootptAAttnotnAAt indemnities arising there from and will not hold NHB responsible or obligated.
21.2 The Successful Agency is responsible for managing the activities of its personnel and / or personnel working pursuant to its instructions and will hold itself responsible for any misdemeanors. The Successful agencies will treat as confidential all data and information about NHB and the project, obtained in the execution of his responsibilities, in strict confidence and will not reveal such information to any other party without the prior written approval of NHB.
22. Survival Any provision of this EOI Document which, either expressly or by implication, survive the termination or expiration, shall be complied with by the Parties including that of the provisions of indemnity, confidentiality, non-disclosure in the same manner as if the present EOI is valid and in force.
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23. No Agency
The Services of the Agency herein shall not be construed as any agency of NHB and there shall be no principal agent relationship in this regard.
24. Adherence to Safety Procedures, Rules and Regulations of the Organizers
24.1 Agency shall comply with the provision of all laws including labor and industrial laws, rules, regulations and notifications issued there under from time to time, as enforced by statutory agencies and by NHB shall be applicable in the performance of this EOI and Agency shall abide by these laws. The Agency shall indemnify and keep indemnified and hold harmless the NHB for any loss, damage, claims, costs, charges, expenses, etc. arising out of and/or suffered on account of actions, litigations, proceedings, suits, arising out of breach of the above laws which actions are attributable to the Agency.
24.2 Agency shall take all measures necessary or proper to protect the personnel, work and facilities and shall observe all reasonable safety rules and instructions.
24.3 The Agency shall report as soon as possible any evidence, which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid such abnormal situations. Based on agency feedback the NHB will take due notice of lack of facility at the India Garden, which may result in accident/ mishap and NHB will provide support to the agency and immediately move to take corrective measures as required.
25.1 NHB will be responsible to carry full and comprehensive insurance for the India Garden Site for the term of operation covering all loss arising from damage/ theft/fire/ flood/ arson/ riot/act of God etc. and any other act remaining out of the control of the Agency and not attributable to the Agency and also carry third party insurance with regard to mishap, injury, loss of life to visitors at the India Garden complex from any cause arising out of malfunction of any amenities or design fault as conceived and delivered / provided to Agency or simply as an accident.
25.2 NHB will also take care of its obligation to be part of the compulsory comprehensive liability insurance/other insurance taken out by the organizer as per Chapter VIII Special Regulations Article 37 and Special Regulations No.8, Article 4, and to that extent the Agency will also stand covered under the same.
26 Termination
26.1 The NHB may, terminate this contract by giving the agency a prior and written 30 (thirty) days notice indicating its intention to terminate the application under the following circumstances:
26.2 yetttttototetCtottoetts dACtnootnottntoenotoettLrtnoot(tttoettLrtnooACtotne)ttCttntnt position of actual conflict of interest with the interests of the NHB, in relation to any of otteCttftoettLrtnooAC EOI and which is not cured.
26.3 Termination for Insolvency: The NHB may at any time terminate the contract by giving written notice of 30 (thirty) days to the agency, without compensation to the agency, if
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the agency becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the NHB.
26.4 Termination for Default: The NHB, without prejudice to any other right or remedy for breach of Contract, by a written notice of default sent to the Successful agency / Vendor, may terminate the contract in whole or in part, if the default is not cured.
27 General Terms and Conditions:
27.1 Basic Requirements:-
A. Project related required Functional, Operational and Administrative Work to be carried out by agency:- i. Related props/equipments installation for required Cafeteria setup. ii. Operating & Technical staff residing arrangements. iii. Arrange the Cuisine, Arts and Craft as per the given timeline. iv. Installing point of sale terminal B. Cultural Events to be organized by Agency i. Research and designing show concept. ii. Visualizing & Dramatization of the script in first language. iii. Content and art production. iv. Mixing, Programming and Art Production. v. The duration of content should not be less than 20 minutes.
C. The above-mentioned requirements for the show are indicative and bare minimum; however, agency has liberty to offer the best of industry services.
D. The agencies shall provide their services and items which do not hurt the sentiments of Chinese culture and people and also, in accordance with the rules and regulations by the Organizers of the Exhibition.
E. The Interested agency will have to follow the Rules and Regulations as specified by Expo organizers mentioned below which are also attached. - General Regulations - Special Regulation No. 6 - Special Regulation No. 7 - Special Regulation No. 8 - Special Regulation No. 9
F. Horticultural Exposition authority and local govt. department approvals are must and will be obtained by the Agency. Seeking necessary approvals from the work-related appropriate authority will be in scope of work of Agency. NHB will provide necessary introduction to Expo authorities/ authorization letter in this behalf to enable the Agency to accomplish these works. The agency shall not sub-let commercial space or other facilities of the Garden to other agency.
G. The Agency/authorized person will be entitled to designate suitable work title upon its officers/ workers appropriate to their tasks which will enable them to receive accreditation from Expo authorities so that they can go around their daily works on behalf of the India Garden without let or hindrance. They will also carry necessary insurance etc. for their staff.
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27.2 The following will be provided at the site free of cost:-
The designated areas for setting up, operation and management of India Garden are the Cafeteria, Souvenir shops and performing stage. These facilities are provided on site. The space/ area given for the aforesaid activities should not be changed, however the agency may make alterations in the areas at their own cost.
28 Others:
28.1 EOI must be submitted manually or by registered post / courier in properly sealed envelope. NHB will not be responsible for delay by postal / courier agencies and must receive submission in time of due date. 28.2 The form shall be filled in ink or typed. No form filled in pencil shall be considered. The applicant shall sign and stamp the EOI submissions at each page and at the end in token of acceptance of all terms and conditions.
28.3 Only the agency/ies securing the qualifying marks in phase I shall be selected for Phase II.
28.4 All costs incurred by the agency in respect of submission of offer and presentation shall be borne by the agency concerned.
28.5 Agreement and PBG and EMD: After Phase II, successful agency/ies shall have to execute an agreement as per terms within 7 days from the date of dispatch of Acceptance letter and receipt of Copy of Agreement, and provide the Performance Bank Guarantee as outlined before. Within 15 days of signing of Agreement and receipt of PBG, NHB will refund the initial EMD to successful Agency.
28.6 If any dispute arises out of the Agreement with regard to the interpretation, meaning and breach of the terms of Agreement, the matter shall be referred to by the NHB/Agency to Sole Arbitrator decided by MD, National Horticulture Board and whose decision shall be final.
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FORM I EXPRESSION OF INTEREST (To be typed in LttAtonnoACtAtoottetnu)
To, The Dy.MD, National Horticulture Board, Gurgaon, Haryana, Address: 85, Institutional Area, Sector – 18, Gurugram - 122015 (Haryana) Tel: 0124-2342989, 2343348
Sub: Submission of Expression of Interest for Selection of Agency for Management of India Garden including Operation of Cafeteria, Souvenir Shop and Organizing Cultural Activities Work at India Garden in International Horticulture Exhibition 2019, Beijing, China.
Sir,
Having examined the details given in EOI Notice and Project Information details for the above project, I/we hereby submit our Expression of Interest and the relevant information
1. I/We hereby certify that all the statements made in the information supplied in the enclosed form and the accompanying statements are true and correct. 2. I/We have furnished all information and details necessary for EOI. 3. I/We also authorize NHB or their authorized representatives to approach individuals, employers and firms to verify our competence and general reputation. 4. I/We submit the following forms in support of our suitability, technical know-how and capability for having successfully developed / constructed projects along with prescribed format:-
5. We understand that NHB will be at liberty to finalize the project parameters.
Signature(s) of Applicant(s)
Enclosures Seal of applicant Date of submission
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FORM II Statement of Applicant
1 Name & Address of the applicant with Telephone No. / Fax No./ Website 2 Name & contact details of Authorized signatory with Tel No./ Email ID 3 a) Year of Establishment b) Date & Year of commencement 4 Legal status of the applicant (please specify) a) A proprietary firm b) A Partnership c) A limited company or Corporation / d) State owned 5 Place of Registration and Principal places of business
Note: i. The above details shall be furnished by individual applicant and by each member in case of the Consortium. ii. In addition to the above information, company profile used for marketing initiatives can also be shared.
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FORM III Similar Work Experience (Separate form shall be furnished for each Event)
1. Reputable Event/ Project Name: 2. Category of Project: 3. Elements incorporated in the project: 4. Location: 5. Name of Owner: 6. Brief Description of Projects: 7. No. of Projects commissioned: 8. Period of Operation: 9. Name of associated Firm(s), if any:
Signature(s) of Applicant(s) Please use separate sheet for each project
*The Applicant may provide details of maximum 05 projects that best demonstrate ability to undertake Management of the India Garden, Project.
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FORM IV
Financial Certificate On Chartered Accountant Letterhead Duly signed and stamped Certifying the turnover for the past three financial years Namely F.Y. 2018, F.Y.2017, F.Y.2016 in the enclosed or similar format.
Applicant Name: (As per last audited financial statements) F.Y. 2017-18 F.Y. 2016-17 F.Y. 2015-16 Turnover
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Schematic Plan of Proposed Project
Proposed Area for Cafeteria, Souvenir Shop and Cultural Events.
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FLOOR PLAN OF PAVILION BUILDING
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Drawings
1. Cafeteria Drawing: Plan layout
2. Souvenir Shop Drawing:
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3. Stage Platform Drawing:
Seating Capacity: 30 – 40 people Performance Stage: 2-4 performers
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Conceptual View of proposed Cafeteria, Souvenir kiosk and Stage Platform at India Garden, Site.
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The following exhibition were AIPH approved – Category A1
S.No. Name of the Event Year City Country
1. Floriade Expo 1960 International 1960 Rotterdam Netherlands Horticulture Exhibition 2. Internationale Gartenbau Ausstellung 1963 Humburg Germany Hamburg 1963 3. Wiener Internationale Gartenschau 1964 Vienna Austria 4 Floralies Internationales Paris 1969 1969 Paris France 5 Floriade Expo 1972 International 1972 Amsterdam Netherlands Horticulture Exhibition 6 Internationale Gartenbau Ausstellung 1973 Hamburg Germany Hamburg 1973 7 Wiener Internationale Gartenschau 1974 Vienna Austria 8 Floralies Internationales 1980 1980 Montreal Canada 9 Floriade Amsterdam 1982 International 1982 Amsterdam Netherlands Horticulture Exhibition 10 Internationale Gartenbau Ausstellung 1983 Munich Germany Munich 1983 11 International Garden Festival 1984 Liverpool United Kingdom 12 International Gardens & Greenery 1990 Osaka Japan Exposition 13 Floriade Zoetermeer 1992 International 1992 Zoetermeer Netherlands Horticulture Exhibition 14 Internationale Gartenbau Ausstellung 1993 Stuttgart Germany Stuttgart 1993 15 International Horticultural Expo 1999 1999 Kunming China Kunming 16 Floriade Haarlemmermeer 2002 2002 Haarlemmermeer Netherland International Horticulture Exhibition 17 Internationale Gartenbau Ausstellung 2003 Rostock Germany Rostock 1983 18 Royal Flora Ratchaphruek 2006- Chiang Mai Thailand 07 19 Floriade Venlo 2012 International 2012 Venlo Netherlands Horticulture Exhibition 20 International Horticulture Exhibition 2016 Antalya Turkey 2016 Antalya
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SECTION I GENERAL REGULATIONS Article 1 Title, Category and Theme
1. “CnottnnottnnAt ttotodAodtnAt Iietetottnt 2119,t dttjtnr,t setnn”t (ettttnnfottt ttfttttut ott nCt “dttjtnr Expo 2119”,t“dttjtnr Iitt” or the “Iitt”, and alternatively referred to as “Iitt by oettsttnotynAA”)tCenAAtettetAuttntoettotoottftdttjtnr,toettItttAtACtDttdeAtottf China.
Beijing Expo was accredited on September 29th, 2012 by the ASSOCIATION CseIDsLeCusLAItRIMtIDuR seI DMtRItAA uDeCs Ae DIt(ettttnnfotttttfttttu ottnCtt“LCI ”)ttnCttL1tAntrt-scale international horticultural exhibition and was recognized at the 155th General Assembly by the BUREAU INTERNATIONAL DES EXPOSTIONS (ettttnnfottt ttfttttut ott nCt “dCI”)t tnt noottunnott ptoet oett InttCt stnvtnottnt DtAnotnrt ott International Exhibitions signed on November 22nd, 1928 (as amended and supplemented by the protocols of May 10th, 1948, November 16th, 1966 and November 30th, 1972 and amendments of June 24th, 1982 and May 31st, 1988, hereinafter referred to as the “stnvtnottn”).
2. eettoetetttftdttjtnrtIittttCt“Atvttstttn,tAtvttdtoott”.tCottttrtnnotCtfttetoettotnottottft ecological civilization, a new guiding principle in the long history of humankind.
MtnottnnottnototetC,tttttAtACtAtvtCtotdAutntotettCttntnotutfttetnnodtttnnutettotodAodtt.tLC the term employed by human beings to communicate with nature, horticulture is the art of plant production, a culture of green, and the extension and essence of life. The existence of humankind relies on a green ecological environment. Human beings could not live without green ecology. However, in the past hundreds years, humankind has failed to protect the environment and has exceedingly exploited natural resources. This has resulted in an imbalance of the green ecological environment, which threatens human health, life and reproduction. An innovative civilization like ours calls for green life as we enter a new era.
As the nexus of communication with nature, horticulture has come to illustrate the close relationship between living green and quality of life, bringing people material wealth as well as spiritual fulfillment. With the consistent development of the human society, humankind adapts to, respects and integrates nature rather than merely recognizing it and changing it. A green lifestyle has become popular among people who place more and more importance on creating a healthy living environment.
As an international event where many countries of the world will participate, Beijing Expo ptAA,toettdretoettutvtAttetno,toteedntonottntnnuttttetottnttftoettoetett“Atvttstttn, Live dtoott”,tutetnCotnottoettoteetntutCttttftttntrtttntAtftCooAt.teettoetettptAAttntCttttttAtACt npnttntCCttftoettettotodAodttttnudCoto,tedenntAtfttnnutetnAoetnnututnptttttAtACtnootnottntott the creativity and development of horticulture while facing the reality and endeavoring to build a better future. With the joint efforts of the Organizer and the Participants, Beijing Expo will make people aware that the harmonious co-existence and co-evolvement of human beings and
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nature will constitute the material foundation for a better life. This will lead to a change in attitudes towards life prompting people to adopt a green lifestyle, to explore the function of horticulture in health, to promote the quality of life and more generally, to live better lives.
Through its promotional effects, Beijing Expo will enhance awareness of a green and healthy life, and encourage people to seek better lives. This process of awareness and practice ptAAtonottfdAAt nuvnnonrtt tftoetttAnofttettftpttAutettotodAodtt.t Cot ptAAtuttttntttttAtACtntpt understanding of horticulture, facilitating exploration at this new stage of world horticulture, and reflecting on a new way to integrate horticulture into green life. It will create a brand-new etutAttftrtttntetetCtnnuttftnnttotAtrtonAtotvtAtenottnteotrdtutnrtttttAtACtdnuttConnutnrttft nature and paving the way for a return to nature, by showing respect to life and adopting a healthy lifestyle, by cherishing nature and setting free the heart.
Article 2 Site
The site of Beijing Expo is located in Yanqing County, northwest of Beijing, alongside the Gui River and 10 kilometers away from the Badaling Great Wall. The planned area of Beijing Expo occupies around
9.6 square kilometers. The enclosed area (admission by tickets) occupies around 4.88 square kilometers (including the core exhibition area of around 1.6 square kilometers) while the unfenced area occupies around 4.72 square kilometers.
Article 3 Duration
1. Beijing Expo shall open on April 29th, 2019 and close on October 7th, 2019.
2. In the event of one or more visiting days being organized before the official opening date for special categories of guests such as media representatives, the dates for these shall be fixed with the consensus of the Steering Committee of the College of Commissioners General.
SECTION II GOVERNMENT AUTHORITIES IN THE ORGANIZING STATE
Article 4 Government Authority Responsible for Beijing Expo.
LCtntCtrnnottotConottott oettstnvtnottn,toettrtvttnetnot tftoettItttAtACt DttdeAtottftsetnnt shall ensure that Beijing Expo is in compliance with the Convention and the regulations of BIE and AIPH. Beijing Expo shall be under the authorities of the National Organizing steetoottttftdttjtnrtIittt2119t(ettttnnfotttttfttttutottnCtoett“utrnntetnrtsteetoott”)tnnut oett Iitodotvtt steetoottt tft dttjtnrt Iittt 2119t tft oett ItttAtACt DttdeAtot tft setnnt (hereinafter referred ott nCt oett “Iitodotvtt steetoott”),t pett CenAAt ett ttCttnCteAtt fttt preparation and undertaking the legal, financial and other measures necessary to ensure the success and prestige of Beijing Expo. The Organizing Committee and Executive Committee as governmental bodies instituted by and representing the Chinese government shall exercise their authorities through the Commissioner General of the Expo.
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Article 5 The Commissioner General of the Expo
1. eettstvttnetnottftoettItttAtACtRepublic of China shall appoint a commissioner General of the Expo.
2. The Commissioner General of the Expo shall represent the Chinese government in all matters related to Beijing Expo. He shall be responsible for ensuring Beijing Expo complies with the Convention and the regulations of the BIE and AIPH. He shall ensure that the commitments taken vis-à-vis the Participants are duly honored. He shall ensure that the program of work is respected and that the general provisions of the General Regulations and the Special Regulations are carried out. He shall exercise disciplinary powers over the Expo, and, in this capacity, he is authorized to suspend or stop any activity, and to effect at any time the withdrawal of items of whatever origin which are incompatible with the proper standing of the Expo and which are likely to be a risk. If the Organizer or a Commissioner General of Section contests the decision of the Commissioner General of the Expo, the provisions set out in Article 11, which the parties have promised to abide by, shall be applied. This recourse has the effect of suspending the execution of the decision except where a matter of security is in question.
3. The Commissioner General of the Expo may, under his own responsibility, delegate the exercise of his powers to his co-pttottC.t eett stvttnetnot tft oett ItttAtACt DttdeAtot tft China may appoint one or more Deputy Commissioners General where appropriate.
4. The Commissioner General of the Expo may not exercise any function or mission on behalf of the Organizer, unless it is, as a matter of law and fact, altruistic and nonprofit.
Article 6 Relationship between the Commissioner General of the Expo and the Bureau International des Expositions
1. The Commissioner General of the Expo shall communicate to the BIE as soon as he receives such information, the decisions made by the Governments regarding their participation, particularly the documents whereby the Governments notify the Commissioner General of their acceptance, the nomination of Commissioners General of national sections, the sites selected by the participating countries etc. and as soon as they have been signed, the Participation Contracts.
2. The Commissioner General of the Expo shall submit the texts of the Special Regulations to the BIE within the periods specified in Article 37 of present General Regulations. He shall keep the BIE fully informed, chiefly by reporting at BIE General Assemblies and relevant BIE Committees, of all developments and progresses relating to the preparation of Beijing Expo. He shall ensure that the use of the BIE flag complies with the regulations laid down by the BIE. He shall welcome the delegates sent by the BIE on official missions to Beijing Expo.
3. The Commissioner General of the Expo shall ensure that the Organizer indicates by all suitable means, particularly by mentioning it on all documents, that the Expo has been recognized by the BIE.
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4. The Commissioner General of the Expo shall communicate to the BIE in due course in respect of the legislations, statutes, directives, policies or other texts adopted by the organizing state and local public authorities, in order to facilitate the participation of foreign states and to ensure the success of Beijing Expo.
Article 7 Expo Organizer
1. Under the authority of the National Organizing Committee and the Executive Committee, the preparation, organization, operation and management of the Exposition shall be the responsibility of Beijing International Horticultural Exhibition Coordination Bureau (hereinafter refetttutottnCt“oettutrnntett”).teetttfftotttftoettutrnntettttCtAtonotuttn Beijing.
2. The Commissioner General of the Expo shall communicate to the BIE, for the information of the Participants and the formal records of the BIE, the organizational structure, responsibilities and authority, etc. of the Organizer.
3. eettstvttnetnottftoettItttAtACtDttdeAtottftsetnntCenAA,ttntnoottunnottptoetLtotoAtt11ttft the Convention, guarantee the fulfillment of the responsibilities of the Organizer.
SECTION III PARTICIPANTS Article 8 Official Participants
1. Official participants are those foreign governments and international organizations that have noottotut tfftotnAt tnvtonottnCt fttet oett stvttnetnot tft oett ItttAtACt DttdeAtot tft setnnt ott participate in Beijing Expo. The Government of any nation participating in Beijing Expo shall be represented by a Commissioner General of Section accredited to the Government of the ItttAtACtDttdeAtottftsetnn.tLnottntotottnotnrttnottnnottnnAtttrnntenottntenotnACttnttttnotnt Commissioner General of Section.
Official Participants shall each conclude a Participation Contract with the Organizer. The Participation Contract shall be signed by the Commissioner General of Section and a representative of the Organizer, and counter signed by the Commissioner General of the Expo.
The Commissioner General of Section is solely responsible for the organization and operation of his national section, which includes all the personnel for exhibition and the managers of the commercial activities referred to in Section IV hereunder, but not the concessionaires referred to in Section V.
The Commissioner General of Section shall guarantee that the members of his national section shall abide by the regulations issued by the Organizer and approved by the BIE. In order to enable the Commissioner General of Section to carry out his responsibilities, he shall be entitled to the privileges and advantages listed in Special Regulation No. 12, referred to in Article 37 of this General Regulations.
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The personnel of the offtotnAt tntotottnnoCAt CtoottnCt CenAAt etntftot fttet oett nooteetunottnt facilities listed in Special Regulation No. 6, referred to in Article 37 of this General Regulations.
2. All Official Participants shall abide by the same rules as regards both their rights and obligations. The Organizer shall not permit any exemptions to this Article, except for the financial support granted to the qualified participating countries. Information regarding the financial assistance will be stipulated in Special Regulation No. 2 referred to in Article 37 of these General Regulations.
Article 9 College of Commissioners General / Steering Committee
1. At the earliest possible opportunity, the Commissioner General of the Expo shall convene a meeting of Commissioners General of Section representing the participating countries to nominate a Chairperson and a Steering Committee to represent them, to consider matters of common interest, and to exercise the powers laid down in Article 11 hereunder. If the number of states officially participating doubles after the elections, the elections shall be considered no longer valid, and new elections shall be held.
2. Should the Chairperson of the Steering Committee be prevented for any reason from fulfilling his responsibilities, he shall delegate his powers to another member of the Steering Committee.
3. The rules governing the functioning of the Steering Committee shall be set out in Special Regulation No. 3 referred to in Article 37 of these General Regulations.
Article 10 Non-official Participants
Non-official Participants are Participants in Beijing Expo accredited by the Commissioner General of the Expo to display or host other activities, including Exhibitors who are to display outside the section of the Official Participants (hereinafter referred to as “Iietetott”).
Article 11 Settlement of Disputes
Any disputes between an Official Participant and, either another Official Participant, or the Organizer, shall be settled in the following manner:
1. If the dispute concerns the interpretation of the present General Regulations, the Special Regulations or the Participation Contract, in the light of the Convention or the compulsory rules of the BIE, the Steering Committee of the College of Commissioners General shall act as arbitrator and make a decision, after having sought the opinion of the President of the BIE, who with the assistance of the Vice-President concerned and the Secretary General, shall make a recommendation. The Commissioner General of the Expo or the Organizer may also seek the opinion of above mentioned. The decision of the Steering Committee is immediately applicable and without recourse. During its next session, the General Assembly of the BIE shall make known whether it approves the interpretation of the Steering Committee of the College of Commissioners General. Its approval shall thus constitute a precedent
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applicable to similar cases in future; otherwise, it shall indicate the interpretation which should have been given.
2. If the dispute concerns products exhibited, the Steering Committee shall inform the College, according to Paragraph 3 Article 19 of the Convention.
3. If the case must be resolved by the Commissioner General of the Expo according to the provisions of the General Regulations, each party may demand that advice of the Steering Committee be sought beforehand.
4. For any other dispute each party can demand arbitration:
● In the first instance, from the Commissioner General of the Exposition alone;
● In the second instance, from the said Commissioner General after consultation with the Steering Committee of the College of Commissioners General;
● in the third instance, from the Steering Committee of the College of Commissioners General. The ruling shall be made by any party having chosen the highest level.
5. The above mentioned ruling must be made within ten days. Otherwise, the dispute – if it falls under Paragraph 1, 3 and 4 above shall be brought before the College of Commissioners General which shall decide within five days. Otherwise, the request of the party which brings up the dispute shall be considered unjustified.
SECTION IV GENERAL CONDITIONS OF PARTICIPATION CHAPTER I ADMISSION
Article 12 Admission of Items and Exhibition Materials
1. Only those items and exhibition materials which relate to the theme as described in Article 1 of the General Regulations shall be admitted to Beijing Expo. The origin of these products shall comply with the provisions of Article 19 of the Convention.
2. Official Participants and Exhibitors shall submit to the Organizer a Theme Statement describing the overall theme and the general contents of the exhibition as a component of their application for allocation of an exhibition area for the Organizer to examine and approve. The procedures for compliance with the theme of Beijing Expo shall be stipulated in Special Regulation No. 1, referred to in Article 37 of the present General Regulations.
Article 13 Admission of Participants
1. After approval of the Theme Statement by the Organizer, the Organizer shall allocate the exhibition area in respect of the applications of the Official Participants and Exhibitors.
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2. The approved Theme Statement as well as the planning of allocation of the exhibition area will be concluded in the Participation Contract entered into by and between the Organizer and the Official Participants or the Exhibitors. Prior to the conclusion of the Participation Contract, any form of allocation of exhibition area is temporary. The Organizer reserves the right to modify the planning of allocation of the exhibition area in order to ensure the success of Beijing Expo and the smooth running of the site for Beijing Expo.
3. The Exhibitors in a national section shall be selected by the Commissioner General of the Section and come under his sole authority.
4. Any Exhibitor who does not belong to any section shall deal directly with the Organizer, who shall inform the Government of the State of the origin of the Exhibitor concerned of his intention as soon as the contact is established with such Exhibitors.
CHAPTER II EXHIBITION
Article 14 Exhibition Planning
The Organizer shall designate indoor exhibition spaces and outdoor exhibition sites (otAAtootvtAotttfttttutottnCt“tietetottntnttnC”)ttntoettCttotftotAtonottnCttftoettCtotttftdttjtnrt Expo which will be put at the disposal of Official Participants and Exhibitors.
Article 15 Indoor Exhibition
1. The indoor flower and plant exhibition will be held in the halls in the Beijing Expo site. Alternating indoor displays shall be presented by the Official Participants and Exhibitors, according to the varying themes and changing configurations. Exact dates and related arrangements for the indoor exhibition shall be announced by the Organizer at a later stage.
2. Official Participants and Exhibitors planning to participate in the indoor flower and plant exhibition shall submit an application to the Organizer for participation, as per the requirements of the Organizer, before such indoor exhibition begins. Related exhibition plans shall be specified in the Participation Contract, or separately confirmed in writing by the Organizer.
3. The Organizer shall be responsible for the foundation construction of indoor flower and plant exhibition and the overall design of each indoor exhibition.
Official Participants and Exhibitors shall, at their own cost, set up and design the stands. Official Participants or Exhibitors may otherwise, at their own expense, entrust a stand designer or exceptionally, the Organizer, with the design of the stand.
Official Participants and Exhibitors shall ensure that the stand design is consistent with the overall design. In case of inconsistency, the Organizer shall be entitled to have it altered, transformed or removed and all related expenses shall be borne by the Official Participant or Exhibitor.
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After approving the applications of the Official Participants and Exhibitors for indoor plant and flower exhibition, the Organizer shall provide the Official Participants and Exhibitors with guidelines specifying the timing and requirements of construction, installation and dismantling of the stands.
4. In principle, the stands shall be maintained by the Official Participant or Exhibitor for the duration of the indoor display. In case of delegation of this task to a third party, the Organizer must be informed in advance.
Considering the indoor show should remain in a state worthy of the exhibition, the Official Participant or Exhibitor must ensure the adequate preparation of exhibits and maintenance of the quality of the floral arrangements. Official Participants shall remove promptly at their own expense exhibits which have become unsightly and no longer meet the exhibition criteria.
The Organizer shall provide general lighting and heating in the halls and ensure the management of the common areas. The Organizer shall provide public services (water, electricity) and waste removal in the halls within a technically possible scope.
Special requests by Official Participants or Exhibitors with regard to the management of their stands may only be granted on the basis of a separate agreement concluded with the Organizer; all costs shall be borne by the Official Participant or Exhibitor.
5. Official Participants and Exhibitors are responsible for the dismantling of stands, which must be finished in the time stipulated by the Organizer as referred to in Article 20 of the present regulations. Official Participants and Exhibitors are responsible for their stand dismantling and shall, as per the requirement of the Organizer, be present at the stands.
If the dismantling of the stand is delegated to a third party or the dismantling cannot be completed on time, the Organizer must be informed in advance. In the latter case, the Organizer may have the stand dismantled at the expense of the Official Participant or Exhibitor. In principle, the exhibits and presentations on the exhibition site may not be sold or given otherwise to third parties. Exceptions to this rule shall require the prior written consent of the Organizer. With permission from the Organizer, the Official Participant or Exhibitor shall be solely entitled to sell the exhibits and be solely responsible for it.
6. Further details are stipulated in the Special Regulations as mentioned in Article 37 of the present General Regulations.
Article 16 Outdoor Exhibition
1. Gardens of the Official Participants
Each Official Participant may build and display its national garden, presenting the most distinctive natural landscape. National gardens shall fully display the typical cultural and landscape factors of each country, enabling the visitors to recognize and appreciate its unique horticultural art and development.
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The Organizer shall make the exhibition area available to Official Participants free of charge. The Organizer shall provide the exhibition areas with soil suitable for planting up to the level of the closest street or pathway to Official Participants.
Official Participants shall construct and maintain their national gardens for the duration of Beijing Expo at their own expense. In principle, the exhibition area shall be returned after the closing of Beijing Expo in the same condition as it was in when it was initially handed over to the Official Participant.
2. Gardens of Exhibitors
The Organizer shall make the exhibition area available to the Exhibitors free of charge and Exhibitors shall construct and maintain their national gardens for the duration of Beijing Expo at their own expense.
In principle, the exhibition area shall be returned after the closing of Beijing Expo in the same condition as it was in when it was initially handed over to the Exhibitors.
3. Further details regarding the specific content and requirements of outdoor exhibitions are stipulated in the Special Regulations as mentioned in Article 37 of the present General Regulations.
CHAPTER III SITES INSTALLATIONS - CHARGES
Article 17 Sites
The total usable space which is placed at the disposition of the foreign national sections shall be at least equal to the space allocated to the section of the Organizing State. If, however, this space has not been fully allocated 24 months before the opening of the Expo, the Organizer shall recover the right to dispose freely of the unreserved area.
Article 18 General Services
1. The Organizer shall provide at the expense of each participant, the services of electricity, telecommunications, water inlets and outlets, garbage removal, etc. Rates charged for such services shall conform to local rates.
2. Official Participants and Exhibitors shall carry out all the cleaning, maintenance, garbage disposal, and other activities ordinarily required for the operation of their stands and exhibition areas. Should a Participant fail to do so, the Organizer is authorized to carry out these activities itself and charge all expenses incurred therefrom to Official Participants and Exhibitors.
3. The terms for the provision of general services shall be stipulated in Special Regulations No. 4, 5 and 10, as referred to in Article 37 of the present General Regulations.
Article 19 Construction and Installations
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1. No Participant may make alterations within the site of Beijing Expo without the utrnntettACt prior approval of the project. Earthworks, landscaping and all improvements around the buildings are also subject to prior approval by the Organizer. Similarly, improvement plans drawn up by the Organizer may not be modified unless the Participants concerned are in agreement, or after consultation with the Steering Committee of the College of Commissioners General.
2. The conditions for all construction and improvements shall be set forth in Special Regulation No. 4 referred to in Article 37 of the present General Regulations.
3. The conditions for the installation and operation of any machines, apparatus or equipment, shall be set forth in Special Regulation No. 5 referred to in Article 37 of the present General Regulations.
Article 20 Occupation of the Sites and Completion
1. The exhibition area for outdoor exhibition shall, since January 1st, 2017, be handed over to Participants, and the actual construction work and arrangements of large plants shall be completed by December 1st, 2018.
2. Unless otherwise agreed by the Organizer and Participants, the exhibition area allocated to Participants shall be cleared and restored before December 31st, 2019 to the same condition as it was when it was initially handed over to the Exhibitors.
Article 21 Exhibits
No exhibit or part thereof may be removed from the site of Beijing Expo without the permission of the Commissioner General of the Expo. If a Participant is unable to fulfill his commitments towards the Organizer, the Commissioner General of the Expo may proceed at the closing date tftdttjtnrtIitttnnutnotoettIntotottnnoACtotCotnnutttCo,tptoetoettutCennoAtnr,tttetvnA,tCottnrt,t noonoeetnotnnutCnAtttftoettIntotottnnoACtrttuCtAtonotutptoetntoettCtot,tptoetoetttiottottnttft items considered as national heritage or of a nature of public property. The amount due to the Organizer shall be deducted from the proceeds of such sale.
CHAPTER IV COMMERCIAL ACTIVITIES AND MISCELLANEOUS
Article 22 General Provisions
1. Official Participants may operate commercial or other activities in the areas approved by the Organizer. Such activities shall be carried out in accordance with the laws and regulations of China, the present General Regulations, Special Regulation No. 9 referred to in Article 37 and the Participation Contract and the authorization of the Commissioner General of the Expo and the Organizer. An Official Participant may avail himself of any special benefits obtained by another Official Participant.
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2. Such activities fall exclusively within the jurisdiction of the appropriate Commissioner General of Section. If these commercial or other activities give rise to the payment of royalties, under the terms laid down in the Participation Contract, these royalties shall be collected by the Commissioner General of Section.
3. The space devoted to commercial activities (including the kitchen, storage area and sales area) must not exceed 20% of the total area in order to ensure that the national presentation complies with the provisions in Article 1 of the Convention.
Article 23 Commercial Activities
1. In accordance with the conditions set out in Special Regulation No.9 referred to in Article 37, Official Participants may open restaurants in which the national food of their country shall mainly be served.
2. In accordance with the conditions set forth in Special Regulation No. 9, referred to in Article 37 of the present General Regulations, Official Participants may sell to the general public photographs, slides, postcards, sound and video recordings (including films, CDs, DVDs or other electronic media), books and stamps from their countries or relating to the ttrnntenottnC.tMdejtootottoettutrnntettACtnttttvnA,tufftotnAtIntotottnnoCtenotnACttCtAAtAtetotut types of articles which are truly representative of their respective countries. Such articles may be replaced during the course of Beijing Expo.
3. Items exhibited in the national sections, as well as materials used to install presentations may be sold and ready for delivery after Beijing Expo closes; by so doing the Exhibitor shall relinquish its right to the benefit of temporary admission and shall subject to taxation and customs regulations. No dues shall be payable to the Organizer on such sales.
4. In the case where the Organizer has granted exclusive commercial rights to certain suppliers for the sale of goods or services, these rights may not be allowed to hinder the commercial activities of the Official Participants, whether these activities are operated in restaurants or in the national sections.
5. Concessions made by the Organizer should respect the principle of non-discrimination between nationals and foreigners; avoid all risk of imbalance between the number and nature of concessions and the eventual number of visitors and all excesses of commercialization leading to the distortion of the goal of an international exposition, as established by the BIE.
Article 24 Distribution of Free Samples
Subject to the approval of the Commissioner General of the Expo, Commissioners General of Section or Exhibitors coming under their authority may distribute free samples of their products or allow their foodstuffs to be tasted free of charge, within their own section.
Article 25 Entertainment and Special Events
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1. Official Participants may arrange shows, special events, presentations or meetings related to the theme of Beijing Expo. Conditions in each case shall be agreed mutually between the Commissioner General of the Expo, the Organizer and the Commissioner General of Section.
2. The information regarding special events, forums, meetings and etc. to be organized by Official Participants shall be submitted to the Organizer for approval at least six (6) months before the opening of Beijing Expo (including the relevant dates, the location and the theme as well as other important information). Official Participants shall not charge extra fees for such events.
3. Upon the premise of non-infringement of intellectual property rights, the Organizer shall have the right to make sound, image and video recordings of events organized by Official Participants and have them published, distributed, broadcast by the radio or television, and transmitted through networks.
Article 26 Publicity
1. Participants may place signboards, posters, notices, printed matter and similar material in their exhibition areas or stands.
2. The use outside the exhibition area or stand of any publicity material shall be subject to the prior approval of the Commissioner General of the Expo. The Commissioner General of the Expo may request the removal of any material for which he has not given approval.
3. Brochures and leaflets may only be distributed within the enclosure of the section.
4. All publicity concerning special events on the site must be authorized by the Commissioner General of the Expo. All noisy advertising is prohibited.
5. The name, image, logo, marks, mascots and other signs of Beijing Expo may not be used either inside, or outside the Expo site, without prior approval of the Organizer, whether for commercial purposes or not, be they in the form of boards, signs, printed publications, photos, drawings, electronic images, internet or any other form.
CHAPTER V GENERAL SERVICES
Article 27 Customs Regulations
1. In accordance with Article 16 of the Convention, and its appendix concerning Customs regulations to which it shall refer, Special Regulation No. 7 referred to in Article 37 of the present General Regulations shall determine the appropriate customs regulations to be applied, as necessary, to goods and articles of foreign origin intended for Beijing Expo.
2. Participants shall, at their own cost, transport the exhibits to the port, airport station or border crossings designated by the Organizer, and transport the exhibits back home from the foresaid places. The round-ottttotCottftotnnCtttotnrtoettIntotottnnoCAttietetoCtfttetoettftttCntuttAnotCt to the designated storage area in the site of Beijing Expo shall be borne by the Organizer
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(Charged at the local rates of the Organizing State); however, cut flowers and plants on the exhibition stand which are sold in the Organizing State are excluded.
Article 28 Transportation and Customs Operations
1. Exhibitors may carry out freely all transport and customs operations; however, the Organizer shall inform them of the names of the agents whom he has recommended as being competent for this purpose.
2. Each Exhibitor shall handle his own on-site acceptance of goods and the reshipment of crates as well as the inspection of their contents. If Exhibitors and their agents are not present when the crates arrive at the Expo site, the Commissioner General of the Expo can have them warehoused at the risk and expense of the interested party.
Article 29 Phytosanitary Provisions
1. Participants shall, as per the requirements of the Organizer, provide information about the exhibits to be imported as well as the packing materials within the timeframe indicated by the Organizer before the transportation of the exhibits in order to meet the requirements of rtAnotut tnottnnottnnAt otnvtnottn(C),t ottnoo(ttC)t nnut AnpCt nnut ttrdAnottnCt tft oett ItttAtACt Republic of China.
2. Further details are stipulated in Special Regulation No. 7 as referred to in Article 37 of the present General Regulations.
Article 30 Insurance
1. Compulsory insurance required by the law
Each Participant shall, at his own cost, insure his personnel and the personnel of his Exhibitors tntnoottunnottptoetAnpCtnnutttrdAnottnCttftoettItttAtACtDttdeAtottftsetnn:
• Employment injury insurance
• Medical insurance
Each Participant shall, as per the laws and regulations of China, ensure that compulsory liability insurance of vehicle traffic accident is bought for vehicles of his own and his personnel used for participating in Beijing Expo.
Participants shall provide the Organizer with the duplicates of the insurance contracts as well as evidence of the payment of insurance premium.
2. Required insurance
In accordance with the present General Regulations and Special Regulation No. 8 referred to in Article 37, each Participant is required to purchase the following insurance:
• Comprehensive liability insurance
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• Construction and installation engineering insurance
• Property insurance
The comprehensive liability insurance shall be purchased by the Organizer for itself and all Participants. The Participants shall be responsible for the cost which is determined on a pro- rata calculation of the exhibition areas they occupy. For required insurances other than the comprehensive liability insurance, the Participants shall provide the Organizer with the duplicates of the insurance policies as well as evidence of the payment of insurance premium.
3. Other insurance
The Organizer may provide assistance to Participants where they wish to take out additional insurance against other risks as well as a list of non-compulsory insurance and insurance guidelines.
4. Special Regulation No. 8, referred to in Article 37 of the present General Regulations, shall set out clearly all conditions for insurance-related matters.
Article 31 Security
1. The Organizer is responsible for safety and order in the Site. The Organizer shall establish a comprehensive security system, and take necessary measures to build a harmonized and secured environment, especially in view of protecting visitors.
2. Each Participant is responsible for ensuring security and peace in his allocated exhibition area and shall, at his own cost, take necessary measures to maintain them, especially with regard to the safety of visitors.
3. The Organizer is entitled to enter the exhibition area of the Participant in emergency situations.
4. Further details regarding the issue of security will be set forth in Special Regulation No. 10 referred to in Article 37 of the present General Regulations.
Article 32 Catalogue
1. The Organizer shall create a catalogue of Beijing Expo. Each Participant (or the Commissioner General of Section if it applies) shall, as per the request of the Organizer, provide the Organizer with the information required for the creation of catalogue. The contents of such material shall be confirmed by the Commissioner General of Section concerned before the catalogue is published.
2. Each Participant shall be entitled to print and publish, at his own expense, an official catalogue of the items on display in his section.
Article 33 Admissions to the Site
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1. Details regarding the conditions of admissions will be set forth in Special Regulation No. 13 referred to in Article 37 of the present General Regulations.
2. The Organizer, after consulting with the Commissioner General of the Expo, shall determine the entrance fees for the Expo. No other entrance fee may be charged separately without the approval of the BIE.
CHAPTER VI INTELLECTUAL PROPERTY
Article 34 General Provisions
Special Regulation No. 11 (related to intellectual property rights), referred to in Article 37 of the present General Regulations, shall stipulate:
● the position of the Chinese Government with regard to related international conventions and treaties of intellectual property, including:
Paris Convention for the Protection of Industrial Property;
Berne Convention for the Protection of Literary and Artistic Works; Madrid Agreement Concerning the International Registration of Marks and the Protocol related to this Agreement;
International Union for the Protection of New Varieties of Plants (1978);
Agreement on Trade-Related Aspects of Intellectual Property Rights;
● ttAnotutAnpCtnnutttrdAnottnCtnttAtoneAtttntoettItttAtACtDttdeAtottf China;
● Special measures applicable to Beijing Expo
The Organizer and the Participants will cooperate to enhance the protection of intellectual property of the Participants in accordance with the aforesaid international conventions and ottnottC,tAnpCtnnutttrdAnottnCttftoettItttAtACtDttdeAtottftsetnntand measures applicable to Beijing Expo.
Article 35 Photographs or Other Visual Materials of Expo
1. The reproduction and sale of photos or pictures of the stands, gardens and exhibits of Participants shall be approved by the Commissioner General of Section concerned.
2. The Organizer reserves the right to authorize the reproduction and sale of photos or pictures of a part or of the overall view of Beijing Expo. Participants may not object to such reproduction or sale.
3. The Participants shall waive any claims for income generated from the sales of photos or pictures described in paragraph two of this article.
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CHAPTER VII AWARDS
Article 36 Awards
The Organizer shall, in accordance with the BIE and AIPH regulations, arrange competitions and evaluations to award high-quality exhibitions. The rules will be set forth in Special Regulation No. 14 referred to in Article 37 of the present General Regulations.
CHAPTER VIII
SPECIAL REGULATIONS
Article 37 List of Regulations and Time Schedules
The host government shall draft the following Special Regulations in accordance with the Convention, regulations of the AIPH and the present General Regulations, and submit them to the BIE for approval:
1. Special Regulation No. 1 concerning the definition of the theme of Beijing Expo and the guidelines for the development of the theme by the Organizer and the Participants;
2. Special Regulation No. 2 concerning the conditions of participation in Beijing Expo;
3. Special Regulation No. 3 concerning the rules for the functioning of the Steering Committee of the College of Commissioners General;
4. Special Regulation No.4 concerning construction, installation, workplace safety, fire prevention and environmental protection;
5. Special Regulation No.5 concerning the installation and operation of machinery and equipment;
6. Special Regulation No.6 concerning accommodation for the personnel of Official Participants;
7. Special Regulation No.7 concerning customs clearance, phytosanitary matters, and the transportation and handling of goods;
8. Special Regulation No. 8 concerning insurance;
9. Special Regulation No. 9 concerning commercial activities by
Official Participants;
10. Special Regulation No. 10 concerning general services;
11. Special Regulation No. 11 concerning intellectual property rights;
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12. Special Regulation No. 12 concerning the privileges and advantages of Commissioner Generals of Section and of their staff;
13. Special Regulation No.13 concerning admissions;
14. Special Regulation No.14 concerning the conditions governing the attribution of awards.
The above regulations shall be drafted in accordance with the time schedule required by the BIE and the AIPH, and submitted to the BIE for approval. The Organizer may issue further guidelines as necessary according to the particular situation of Beijing Expo, which shall be in accordance with the general and special regulations. Notwithstanding the time schedules established for the approval of these Special Regulations, the Organizer shall make available early guidelines on costs or provisions necessary for assessing the financial implications of participation.
SECTION V CONCESSIONAIRES
Article 38 Concessionaires
1. “stnotCCttnntttC” shall mean individuals, firms or other institutions who have been granted by the Organizer rights to conduct commercial activities (excluding the commercial activities in the section of Official Participants) within the site of Beijing Expo.
2. Those who wish to become concessionaires shall submit an application to the Organizer and conclude with the Organizer a Concessionaire Contract which will cover the conditions for the commercial activities.
3. Unless otherwise stated, the regulations set forth in the present General Regulations and Special Regulations shall in principle also apply to concessionaires.
Article 39 Communication with the Commissioner General of Section
Individuals, firms and institutions whose countries are officially participating in the Expo shall only be admitted as concessionaires subject to the agreement of the Commissioner General of Section of their country of origin, who may establish special conditions for their admission.
Special Regulation No. 06 Concerning Accommodation for the Personnel of Official Participants Beijing International Horticultural Exhibition Coordination Bureau
Article 1 Purpose
Pursuant to Articles 8 and 37 of the General Regulations of the International Horticultural Exhibition 2019, Beijing, China (hereinafter referred to as the “Iitt”), this Special Regulation specifies the rules for the arrangement of accommodation for the personnel of Official Participants.
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Article 2 Compliance with Laws and Regulations
1. All Official Participants shall comply with the Paris Convention Relating to International Exhibitions signed on November 22nd, 1928 as amended and supplemented, the General Regulations and the Special Regulations of the Expo, the relevant laws, regulations, rules, and the additional instructions and directives issued by the Organizer pursuant to the General DtrdAnottnCtnnutoettMttotnAtDtrdAnottnCttftoettIittt(ettttnnfotttjttnoAotttfttttutottnCt“oett Laws and DtrdAnottnC”).
2. The additional instructions and directives are issued by the Organizer to provide more information on related subjects and further specify the rights and obligations of Official Participants and the Organizer.
Article 3 Personnel of Official Participants
The personnel of Official Participants refers to any personnel of Official Participants involved in their participation in the Expo. The status of the personnel of Official Participants shall be determined by the respective Commissioner General of Section.
Article 4 Expo Village
An Expo Village shall be built by the Organizer within the Expo site to provide accommodation for the personnel of Official Participants. The corresponding accommodation expenses shall be borne by the Official Participants.
Article 5 Assistance by the Organizer
The Organizer shall set up a booking center to provide accommodation information and inquiry services, and handle applications for accommodation in the Expo Village submitted by Official Participants.
Article 6 Types of Accommodation
1. The Expo Village includes hotels and apartments.
2. The Expo Village has service facilities and offers business, catering, shopping, entertainment and fitness services to tenants.
Article 7 Accommodation Capacity of the Expo Village
1. The Expo Village can accommodate a maximum of 2,000 people at the same time. Accommodation services will last until December 31, 2019.
2. In principle, each Official Participant may apply for a maximum of 3 - 5 units at the same time for its personnel.
3. Before the Expo Village opens or in case of unavailability of accommodation in the Expo Village, the booking center shall assist Official Participants free of charge in making
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reservations at other hotels. The corresponding expenses shall be borne by the Official Participants.
4. In the course of construction, the organizer will provide a list of hotels of different standards and types from which Official Participants may seek accommodation. The corresponding expenses shall be borne by the Official Participants.
Article 8 Procedures of Application
1. An Official Participant who wishes to apply for accommodation in the Expo Village shall submit an application in writing to the booking center. The application should be submitted at least 6 months prior to the first day the Official Participant concerned plans to use the accommodation and no later than January 31, 2019.
2. The booking center will arrange accommodation in the Expo Village in order of receipt of applications. In case of unavailability of a certain type of accommodation, the booking center may make adjustments as appropriate and arrange accommodation of a type similar to the type requested. If the Expo Village cannot provide accommodation, the booking center shall assist, free of charge, Official Participants in making reservations at other accommodation facilities.
3. The booking center shall, within 30 days after receipt of the accommodation application, send a written notice to the Official Participant with feedback on arrangement of requested accommodation.
4. The Official Participant shall confirm the accommodation application in writing with the booking center within 20 days after receipt of the notice. Without such written confirmation from the Official Participant, the booking center will not reserve rooms as requested.
5. The Official Participant shall sign a tenancy agreement with the property management office of the Expo Village before check-in.
Article 9 Service Facilities of the Expo Village
1. The Organizer shall provide and adjust service facilities in the Expo Village based on the number of people staying in the Expo Village and their needs. Fees charged for the service facilities in the Expo Village shall be reasonable and determined according to local market prices.
2. Information on prices, conditions, apartment types, model of contracts, etc. shall be provided to Official Participants by the Organizer in due course.
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Special Regulation No. 07 Concerning Customs Clearance, Phytosanitary Matters, Transportation and Handling of Goods Beijing International Horticultural Exhibition Coordination Bureau
Article 1 Purpose
The purpose of this Special Regulation is, in accordance with the Paris Convention of November 22nd, 1928 relating to International Exhibitions, as complemented and amended, and the Customs Annex of the Paris Convention, as well as Articles 27, 28, 29 and 37 of the General Regulations of the International Horticultural Exhibition 2019, Beijing, China (ettttnnfottt ttfttttut ott nCt oett “Iitt”),t ott Cttotfot oett ttqdtttetnoCt fttt odCoteCt oAtntnnot,t phytosanitary matters, transportation and handling of the Expo goods.
Article 2 Compliance with Laws and Regulations
1. All Official Participants shall comply with the Paris Convention relating to International Exhibitions signed on November 22nd, 1928 as amended and supplemented and the Customs Annex of the Paris Convention, the General Regulations and the Special Regulations of the Expo, the relevant laws, regulations, rules and standards of China, and the additional instructions and directives issued by the Organizer pursuant to the General Regulations and the Special Regulations of the Expo (hereinafter jointly referred to as “oet Laws and DtrdAnottnC”).
2. The additional instructions and directives are issued by the Organizer to provide more information on related subjects and further specify the rights and obligations of the Organizer and the Official Participants and shall be in conformity with the General Regulations and Special Regulations.
3. The Organizer shall provide Official Participants with documents and information related to the customs clearance, phytosanitary matters, transportation and handling of their goods according to the Laws and Regulations.
Article 3 Customs Clearance
1. Official Participants shall complete the customs clearance procedures of their goods as required by the Laws and Regulations.
2. Official Participants shall go through formalities for customs declaration and inspection for imports within a specified period of time as required by the Customs of China, the LuetntCotnottnttfttdnAtootMdtttvtCttn,tCnCttoottntnnuttdntnnotntttftoettItttAtAs Republic of China (hereinafter referred to as the AQSIQ), and the Organizer.
Article 4 Transportation and Handling of Goods
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1. Official Participants shall manage the transportation and handling operations for the Expo- related goods according to the requirements of the Organizer.
2. The Official Participants may choose the logistic service providers designated by the Organizer or choose the carrier by themselves for transporting their exhibits and goods to the Expo site (hereinafter referred to as “Iitt Mtot”). As specified in Article 5.2 of this Special Regulation, transport costs from the Chinese national border to the Expo site shall be covered by the Organiser whether the Official Participants choose their own logistic service providers, or those designated by the Organiser. For the transportation of goods within the Expo Site, the Official Participants shall choose from the logistic service providers designated by the Organizer. Each Official Participant shall appoint a special representative in China responsible for matters related to the goods, and inform the Organizer of his/her name, address and contact information at least 60 days prior to the first shipment of goods.
Article 5 Taxes and Charges
1. According to the Laws and Regulations, Official Participants shall be responsible for the taxes and charges incurred in the process of entry and exit, transportation, customs clearance, inspection and quarantine, storage and handling of goods, except in the situation of temporary admission as provided for in Article 16 of this Special Regulation.
2. Official Participants shall, at their own cost, transport their exhibits and goods to the Chinese national border (dock, airport or other port designated by the Organizer), and after the Expo, reship the exhibits and goods from the said Chinese national border to their countries/regions.
Transport insurance related to the foresaid exhibits and goods shipment shall be borne by Official Participants. The round-trip cost of transporting the Official IntotottnnoCA exhibits and goods from the foresaid Chinese national border to the designated storage area within the Expo Site shall be borne by the Organizer (charged at the local rates of China); however, cut flowers and plants on the exhibition stand which are sold in China shall be excluded. Transport insurance covering the exhibits and goods shipment from Chinese national border to the Expo site is to be borne by the carrier entrusted by the Organizer.
Article 6 Customs Clearance of Goods
1. The Customs of China and AQSIQ shall, respectively, be responsible for the customs declarations and the inspection and quarantine verification submitted by Official Participants. Depending on the volume of customs clearance requests, it will be determined whether or not to establish a customs area on the Expo site or next to the Expo site to facilitate the completion of customs procedures by Official Participants.
2. During the process of on-site examination made by the Customs and the Inspection and Quarantine Administration, the special representative appointed by the Official Participant shall be present to assist. The Organizer is authorized to process the goods on behalf of the Official Participant, in the absence of the representative, and to this end to take all necessary
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and reasonable measures. The Official Participant concerned shall be responsible for the expenses and liabilities thus incurred.
3. The list of goods and articles related to the Expo, that are not for personal use and that have betnt ettdreot ott setnnt eot ufftotnAt IntotottnnoCAt Confft CenAAt ett Cdeetootut not AtnCot 45t unoCt (different periods of time shall apply for plants) prior to their shipment for the necessary procedures in order to obtain the permission of the Customs and the AQSIQ at the entry port. Valid documents shall be presented at the time of entry, indicating that the goods and articles are related to the Expo.
Article 7 Transportation Plan and Arrangement
1. Each Official Participant shall submit in advance to the Organizer a detailed transportation plan for all goods to be used during the Expo (including the reshipping plan following the closing of the Expo). For goods to be transported from overseas, the transportation plan shall be submitted to the Organizer at least 45 days prior to the first shipment, while for domestic goods, at least 15 days prior to the first shipment. The Official Participant shall immediately inform the Organizer of any changes in transportation plan.
2. For goods imported by sea and by air, the Official Participant shall, prior to the shipping, provide the Organizer with additional information including names of the conveyance, voyage or flight numbers, shipping port and date, arrival port and date, reference numbers of transportation bills, dimensions and weight of the cargos, type of the packaging material as well as the names, contact information and other detailed information of the international freight forwarders concerned.
Article 8 Transportation of Dangerous Goods
The transportation of dangerous goods shall be subject to the Laws and Regulations, and the International Conventions and Treaties that China has concluded or acceded to.
Article 9 Packaging Requirements
1. The goods shall be packaged with cases or crates that are easy for use and re-shipping, and the items inside shall be fixed and supported.
2. The imported cargo with wood packing (including wood pallets) shall be subject to inspection and quarantine procedures according to the requirements of International Plant Protection Convention (IPPC) and shall be labeled with the IPPC mark.
Article 10 Labeling Instructions
1. Each piece of shipment shall be labeled at least on two sides of the package with standard shipping marks, using standard metric units to indicate the dimensions and weight. For the goods to be uploaded, the locking point shall be marked; and for the goods of irregular shape, the gravity point shall be marked.
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2. The shipping marks shall indicate information such as the title of the Expo, name of the Official Participant, contact person and his/her telephone number, the identity code of oett ufftotnAt IntotottnnoACt tietetottnt nttnt (oett “Iietetottnt Lttn”),t rttCCt (nto)t pttreo,t dimensions, package number, and country of origin.
3. For certain goods that require special handling, in addition to the above shipping marks, Official Participants shall strictly follow international conventions on package labeling by dCtnrtCttotnAtCtrnCtCdoetnCt“itnrtAt”tnnut“eetCtMtut t”.
Article 11 Documents for Customs Clearance
1. According to the Laws and Regulations, Official Participants shall submit the following documents for customs clearance:
(1) Two copies of the list of exhibits indicating the names of the imported plants and other goods, H.S. coding, quantity, value, style, model, and major parts and accessories;
(2) One original bill of lading or airway bill;
(3) One original packing certificate;
(4) Invoices;
(5) Packing list;
(6) other documents for customs clearance as required by the Customs and the Inspection and Quarantine Administration.
2. The list of exhibits shall be submitted to the Organizer or the logistic service provider designated by the Organizer at least 30 days prior to the first shipment. Other documents for customs clearance shall be submitted at least 3 days prior to the arrival of goods.
3. In case there are catalogues, brochures, slides, CDs or promotional gifts in the shipment, the Official Participant shall submit to the Organizer two samples for each item, and the Organizer shall deliver these samples collectively to the relevant Chinese government departments for examination. The items which have not been approved by the Organizer cannot be included in the shipment. The Organizer reserves the right to refuse the entry of unapproved goods.
Article 12 Entry and Exit of Goods into and from the Expo Site
1. InototnnutIitottftrttuCttnottnnutfttetoettIitttMtottCenAAtettCdejtootottoettutrnntettACt directives on schedules, special routes and safety inspection, of which the details will be issued by the Organizer in a specified time.
2. When goods are delivered to the Expo Site, the special representative appointed by the Official Participant shall be present for supervision. In case of the absence of the representative,
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the Organizer shall appoint other personnel to supervise and store the goods temporarily in a warehouse at the expense and liability of the Official Participant concerned.
3. Exit of goods from the Expo Site shall be subject to the written approval in advance by the China Customs (the “sdCoteC”) and the Inspection and Quarantine Administration, and an exit permit issued by the Organizer shall be obtained.
Article 13 Handling Services
For exhibits that are heavy and oversized or that require special loading and positioning, the special representative appointed by the Official Participant shall be present at the Expo Site beforehand, provide a detailed layout diagram and superintend the loading and positioning. In case of the absence of the appointed representative, the logistic service provider may arrange the positioning according to the layout diagram provided by the Official Participant at the expense and liability of the Official Participant concerned.
Article 14 Storage Services
1. The Organizer shall establish warehouses within the Expo Site for the storage of goods necessary for the exhibition and operation of Official Participants. The rates to be applied shall be consistent with the local market rate and expenses incurred shall be borne by the Official Participants concerned.
2. The empty packaging in the enclosed area of the Expo shall be collected, stored, and returned during exhibit removal to the Exhibition Areas by the logistic service provider designated by the Organizer. The Official Participant shall mark on the outside of the empty packaging its name, identity code of its Exhibition Area, contact person and his/her telephone number, and other relevant information. No objects shall be stored in the packaging set aside as empty, and the Official Participant shall be responsible for any risk and/or loss arising from the storage of objects in the empty packaging. Storage expenses of the empty packaging shall be borne by the Official Participants. Empty packaging left in the construction area will be removed and disposed of by the Organizer at the cost of Official Participants. The rates applied shall be consistent with the local market rate.
3. In case that Official Participants need to store or retrieve exhibits or other related objects during the Expo, the Organizer or the designated logistic service provider shall be informed to ensure that necessary warehousing arrangements will be made in a timely manner.
Article 15 On-site Support
1. During the duration of the Expo, the logistic service provider designated by the Organizer shall communicate in writing to Official Participants specific instructions for re-packing, re- shipping and retaining for sale of the goods during removal, promptly answer their questions in this regard, and in the meantime, for reference purposes, provide Official Participants with available voyage and flight schedules for re-shipping the exhibits.
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2. Prior to the removal of exhibits, the logistic service provider designated by the Organizer shall complete the filing, as per the written instructions by Official Participants (a template of the written instruction will be delivered to Official Participants in advance), of the quantities of goods to be re-shipped, retained for sale, distributed, consumed, abandoned and discarded etc.
Article 16 Goods Imported on a Temporary Basis
1. According to the Customs Annex of the Paris Convention, the exhibits, supplies and equipment imported by Official Participants for the construction, installation, operation, maintenance and dismantling of their participation shall be treated as goods imported on a temporary basis. Those to be re-exported after the close of the Expo shall be exempted from customs duty and import VAT and those to be retained for use or sale shall be subject to customs and inspection and quarantine procedures and applicable customs duty and import VAT as per regulations.
2. Exhibits referred to in paragraph 1 include:
(1) Goods and items for display or demonstration during the Expo;
(2) Goods and items required for demonstrating the exhibited machines or instruments;
(3) Construction and decoration materials required by Official Participants for setting up the Exhibition Area;
(4) Movies, slides, video tapes, audio tapes, instruction manuals, advertisements, CDs and display devices used for the demonstration and promotion of the exhibits.
3. The supplies and equipment referred to in paragraph 1 include:
(1) Imported equipment, instruments, supplies, transportation means and special vehicles required for the production of movies and TV programs managed by Official Participants or in cooperation with the Chinese government, organizations or corporations;
(2) Imported supplies for games or performances, transportation means and special vehicles required for the presentation of Expo-related sports games or cultural events organized by Official Participants;
(3) Imported equipment, instruments, tools, transportation means and special vehicles used for conducting scientific research, teaching activities related to the Expo. If the said transportation means and special vehicles are not new, they shall be re-exported after the close of the Expo and shall not be retained for use or sale.
4. For the goods eligible for transport under the ATA Carnet as prescribed in the international conventions which China has entered into relating to the goods of temporary admission, the Customs shall accept and encourage the use of the ATA Carnet.
Article 17 Other Tax-free Circumstances
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1. Promotional articles and samples provided by Official Participants and exclusively distributed to visitors for use or consumption free of charge within the Expo Site during the Expo shall be exempted from customs duty within a reasonable scope provided that the unit prices of such items are fairly low, they are not suitable for commercial purposes, and the Customs have determined their quantity and total value to be appropriate in regard to the nature of the Expo. A pertinent report shall be submitted by the Official Participant to the Customs after the close of the Expo.
2. The exemption of customs duty and import VAT for personal effects for the personnel of Official Participants shall be specified in Article 5 of Special Regulation No. 12 concerning Privileges and Advantages of Commissioners General of Section and their Staff.
Article 18 Taxable Imported Plants and Goods
The plants, goods and articles imported by Official Participants and sold in the commercial activities within their national sections shall be subject to applicable customs duty, import VAT and consumption tax (if applicable) based on different categories of goods.
Article 19 Goods Prohibited from Entry
LCtCttotfttuttntoettAtCottftsttuCtIttetetotutfttetCetttottnottoettItttAtACtDttdeAtottftsetnnt and other applicable Laws and Regulations, import of the following goods is prohibited:
(1) Arms, imitation arms, ammunitions and explosives of all kinds;
(2) Counterfeit currencies and negotiable securities;
(3) printed materials, films, photos, A&V tapes and discs, CDs, laser discs, storage media for computers and other articles which are harmful to the political, economic, cultural and moral interests of China;
(4) Deadly poison of all kinds;
(5) Opium, morphine, heroin, marijuana and other addictive drugs and psychotropic substances;
(6) Animals, plants and their products listed in the Catalogues of the Animals, Plants and their Products Prohibited to be Carried or Posted into China (including the exotic invasive species confirmed by the Ministry of Environmental Protection of China);
(7) food, medicines and other articles coming from epidemic stricken areas and harmful to man and livestock or those capable of spreading diseases;
(8) Jetton used in gambling games;
(9) Other goods and articles prohibited from importation by the Chinese government.
Article 20
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Imported Animals and Plants and other Goods which need Approval Pursuant to the Laws and Regulations, before the entry of the following imported animals, plants and goods, relevant approval certificates shall be obtained from the competent Chinese authorities:
(1) Approval of common imported plants and the competent approval authorities
Regarding seeds and seedling of the crops: Official Participants or their designated agents shall submit the request for import and quarantine of the seeds and seedling of the crops from the competent agriculture administration 6 months ahead of the opening of the Expo. At the time of entry, the Official Participants or their designated agents shall go through formalities for quarantine inspection conducted by the Inspection and Quarantine Administration at the port of entry to obtntnt oett “sdCoteCt sAtntnnott dtAAt fttt oett Cetttotut sttuC”t ott otetAtott oett customs clearance.
Regarding the plant seeds and nursery stock: Official Participants or their designated agents CenAAtteontnttntnuvnnottoett“tdntnnotnttIttetotftttCetttotutIAnnotMttuC, Nursery Stock and Other Propagating SnotttnAC” from the competent forestry administration before going through formalities for quarantine inspection conducted by the Inspection and Quarantine Administration at the port of entry. Official Participants will be allowed to participate in the Expo only after getting the permission of quarantine inspection and the corresponding “sdCoteCtsAtntnnottdtAAtftttoettCetttotu sttuC”.
Regarding products of the plants: Official Participants or their designated agents shall obtain tntnuvnnottoett“IttetCCttntftttoetttdntnnotntttftLntenACtnnutIAnnoC”tfttetstnttnAtLtMCtt of China before going through formalities for quarantine inspection conducted by the AQSIQ at the port of entry and applying for the customs clearance.
(2) Approval of the plants prohibited from importation into China and the competent approval authorities
Cntttutttottteontntoett“MttotnAtIttetCCttntftttoettIttetetotutIAnnoCtnnutstdnotottftuttrtn”t indicated in the Catalogue regarding the Plants Prohibited from Imporonottnt tft ItttAtACt Republic of China, Official Participants or their designated agents shall in advance apply to the General Administration of Quality Supervision, Inspection and Quarantine of the ItttAtAC Republic of China for “IttetCCttn for the Quarantine of Animals and IAnnoC” subject ottoettAnpttftoettItttAtACtDttdeAtottftsetnnttntLntenAtnnutIAnnottdntnnotnttudttnrtInotot and Exit of Chinese territory, its implementing regulations and other Laws and Regulations as well as international conventionC.tCntnuutottn,t“IttetCCttntftttoetttdntnnotntttftLntenACtnnut IAnnoC”ttCtnACttttqdtttutftttoettrttptnrtetutdettftoetttetttotu plants.
(3) Animals and their products eetttnototnnuttitottftnntenACtnnutoetttttttudooCtCenAAtotetAotptoetoettAnpttftoettItttAtACt Republic of China on Animal and Plant Quarantine during Entry and Exit of Chinese territory, its implementing regulations and other Laws and Regulations as well as international conventions. Official Participants shall apply for the “IttetCCttn for the Quarantine of Animals
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and IAnnoC” from General Administration of Quality Supervision, Inspection and Quarantine of setnnttntnuvnnot.teettsdCoteCtCenAA,tnCtttttoett“sdCoteCtsAtntnnottdtAAtftttoettCetttotut sttuC”t tCCdtut eot oett t CnCttoottnt and Quarantine Administration, complete the examination and the customs clearance.
(4) Wild animals and plants
The entry and exit of wild animals and plants shall comply with the Chinese Laws and Regulations concerning the protection of wild animals and plants and with the relevant international conventions. The export of wild animals and plants or their products which are subject to priority protection from China, the import or export of wild animals and plants or the products thereof whose import or export is restricted by international conventions to which China is a party, shall be approved by the State Council or the competent authorities of wildlife and wild plants under the State Council. An “tettto and export ttteto” issued by the National Administration of Import and Export of Endangered Species shall be obtained. The Customs and Inspection and AQSIQ shall clear the imports or exports upon examination and inspection and quarantine according to the import and export permit.
(5) Food and cosmetics
The entry and exit of food and cosmetics shall comply with the Laws and Regulations concerning the supervision of food and cosmetics. The food and cosmetics carried into China for self-use shall not be sold and shall be determined and released within a reasonable quantity by Chinese Customs. Pursuant to the Laws and Regulations, the food and cosmetics shall be subject to inspection and quarantine in advance if necessary. When the products exceed the reasonable quantity for personal use, Official Participants or their designated agents shall accomplish customs procedures with the Chinese Customs, using the “sdCoteC Clearance Bill ftttCetttotutsttuC”ttCCdtuteotoet AQISQ.
(6) Medicine
The entry and exit of medicine shall comply with the Laws and Regulations concerning medicine control. The Customs shall, according to the valid permit or approval document issued by the drug administration departments of China, process and verify the imported and exported medicine.
(7) Photographic and video equipment eetttetotrtntetotnnutvtuttttqdttetnotettdreottnteotufftotnAtIntotottnnoCAttttttottCtCenAAtett processed for a temporary import permit by the Customs as per approval documents issued by the Information Department of the Chinese Ministry of Foreign Affairs, the Chinese Journalists Association, and the Foreign Affairs Office of Beijing Municipal Government, as well as the guarantee provided by the reception department. All equipment shall be re-exported promptly after the close of the Expo.
(8) Radio transmission equipment
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The import of radio transmission equipment shall comply with the Laws and Regulations concerning telecommunication administration. At the time of entry of the imported radio transmission equipment, relevant formalities shall be conducted in accordance with the Administration Regulation of Radio of ItttAtAC Republic of China. An import license must be obtained from the competent department of commerce of China upon verification of the approval documents. The Customs shall inspect and release such equipment as per the import license. Outside broadcast equipment shall require an additional approval document from the Chinese administrative department of radio and television broadcasting; Outside broadcast vehicles shall, at the point of entry into Chinese territory, be accompanied by the aforementioned documents and an additional approval document issued by the public security departments of China. Individuals are prohibited from carrying or mailing to China any radio or television transmission equipment or instruments.
(9) Ground receiving facilities for satellite television transmission
The entry and exit of ground receiving facilities for satellite television transmission shall comply with relevant provisions issued by the State Administration of Radio, Film and Television of China. For import of the said facilities, a certificate shall be obtained from the broadcast and television administrations of China, which shall then be processed and approved by the competent department of commerce of China. The Customs shall handle the procedures as per the approval document issued by such competent department of commerce. Individuals are prohibited from carrying or mailing to China any ground receiving facilities for satellite television transmission.
(10) Wood packing materials
The entry and exit of wood packing materials shall comply with the requirements of IPPC and the Laws and Regulations concerning inspection and quarantine.
(11) Imported means of foreign transportation
The entry of means of foreign transportation shall comply with the Laws and Regulations.
(12) Religious printed materials and audiovisual products
As regulated by the Customs on the import and export of printed materials and audiovisual products, religious printed materials and audiovisual products carried or mailed to China shall be subject to Customs verification of the reasonable quantity for self-use. Religious printed materials and audiovisual products for distribution purpose are prohibited from entry.
(13) Used mechanical and electrical equipment
The used mechanical and electrical equipment imported for the purpose of the construction of the Expo shall comply with the laws and regulations concerning inspection and quarantine as well as inspection and supervision of used mechanical and electrical equipment, and shall be subject to inspection and supervision by Inspection and Quarantine Administration.
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(14) Other goods which require approval pursuant to the Laws and Regulations.
Article 21 Re-exported Goods
Goods imported on a temporary basis and to be re-exported shall be exempted from customs duty, import VAT and consumption tax (if applicable). Official Participants shall complete procedures for re-export and cancellation of temporary admission according to the Laws and Regulations.
Article 22 Goods Transformed into Normal Imports
1. For goods imported on a temporary basis and not to be re-exported after the close of Expo due to the fact that they are damaged, lost or stolen, Official Participants shall submit to the Customs evidential documents for the above situations as required in the Laws and Regulations. A declaration shall be made to the Customs and Inspection and Quarantine Administration, for Customs examination and inspection and quarantine procedures; and import procedures under normal trade conditions shall be carried out.
2. For goods imported on a temporary basis that are retained for sale after the close of Expo, Official Participants shall make a declaration to the Customs and Inspection and Quarantine Administration 30 days prior to the close of Expo; and import procedures under normal trade conditions shall be carried out. For the goods subject to import licenses, valid import licenses shall be presented to the Customs as per regulations.
Article 23 Discarded, Returned, Damaged or Lost Goods
1. Upon approval of competent Customs authorities, exhibits or materials may be discarded by Official Participants. Goods packed in wood shall be submitted to the Inspection and Quarantine Administration for proceeding.
2. The imported plants are for the exhibition only and shall not be used for any other purpose after the Expo. Official Participants shall be responsible for destroying or returning the imported plants to the country they came from under the supervision of Inspection and Quarantine Administration or other competent quarantine department of agriculture or forestry administration, and bear all costs arising therefrom.
3. Where the goods are returned to the country they came from, Official Participants shall go through relevant formalities for return transportation and tax refund pursuant to the Laws and Regulations. The destroying of goods shall be conformity with the quarantine requirements by relevant Laws and Regulations. Official Participants shall make accurate declaration in terms of the quantities and values of goods to be locally destroyed, and undergo normal importation procedures. However, the customs duty, import VAT and consumption tax (if applicable) may be exempted, provided that they are verified by the Customs in advance, and are destroyed under the Customs supervision. In such circumstances, the Official Participant concerned shall be responsible for the removal of the goods out of the Expo Site under the supervision of the Customs, and bear all costs arising therefrom.
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4. Official Participants shall declare to the Customs and undergo normal importation procedures for goods lost or with less actual quantity than that on the exhibits list for unknown reasons, or goods disposed of by Official Participants without the Customs approval. However, taxes may be reduced or exempted for goods damaged or lost as a consequence of force majeure, which will be verified and confirmed by the Customs. Where the said goods are subject to permission, the corresponding permits shall be submitted to the Customs.
Article 24 Donations from Overseas
For imported articles donated by foreign governments or international organizations as gifts to the Organizer for use in Expo-related activities, the Organizer shall submit to the Customs a written application, along with a letter by the donating government or organization, a “sttotftonot for the articles Donated by Foreign Governments or International Organizations and oetCtt Cetttotut eot setnnt fttt oett Ittfttennott tft CnottnnottnnAt ettnottC”t issued by the competent authority of Chinese government, and a list of the imported goods. The imported goods that satisfy the above conditions shall be abated or exempted from customs duty, while other donated goods shall be subject to the applicable Laws and Regulations.
Article 25 VAT Procedures
The Organizer shall refund the VAT paid by the Official Participants in their procurement in China of the following goods to be used in construction and exhibition, except those to be sold in China following the close of the Expo:
(1) Construction materials necessary for the construction, exhibition, and operation;
(2) Equipment and office supplies necessary for the construction, exhibition, dismantlement and operation.
The Organizer will issue the specific procedure of the said VAT refund separately.
Special Regulation No. 08 Concerning Insurance Beijing International Horticultural Exhibition Coordination Bureau
Article 1 Purpose
Pursuant to Articles 30 and 37 of the General Regulations of the International Horticultural Exhibition 2019, Beijing, China (hereinafter referred to as the “Iitt”), this Special Regulation specifies insurance responsibilities of the participants and the Organizer.
Article 2 Definitions
1. Participants referred to in this Special Regulation include:
(1) Official Participants;
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(2) Non-Official Participants.
(3) Leasers who provide the Organizer with immovable or movable property under contracts signed with the Organizer;
(4) Contractors who undertake construction, installation and dismantlement under contracts signed with the Organizer;
(5) Parties who have entered into a contract with the Organizer to offer cultural and artistic events at the Expo site;
(6) Parties who have entered into a contract with the Organizer for carrying out commercial activities at the Expo site;
(7) Other parties who have entered into a contract with the Organizer to assist in providing facilities or in the operation of the Expo.
2. The parties in the following items shall be considered Participants:
(1) Parties who undertake construction, installation and dismantlement within the Expo site for those specified in the preceding paragraph;
(2) Parties who exhibit items, organize events or carry out commercial activities for the Participants specified in the preceding paragraph;
(3) Parties who have lawful rights and interests for the property used by the Expo besides those listed in the preceding paragraph.
3. Participants listed in Paragraph 1 of this Article shall notify the Participants listed in Paragraph 2 of this Article and require the latter to present legally binding written documents as proof of observance of this Special Regulation and honoring their due obligations arising therefrom.
4. Compulsory insurance referred to in this Special Regulation, means those insurances the Participants are obliged to take according to Laws and Regulations for themselves or their personnel.
5. Optional insurance referred to in this Special Regulation, means those insurances the Participants may voluntarily decide whether to take and pick up the insurers, upon the recommendations by the Organizer.
6. Insurer referred to in this Special Regulation, means the insurance companies or social insurance institutes, who enter into insurance policies with the Participants and bear the liabilities to make compensation or pay the premiums.
Article 3 Compliance with Laws and Regulations
1. All Participants shall comply with the Paris Convention Relating to International Exhibitions signed on November 22nd, 1928 as amended and supplemented, the General Regulations and
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the Special Regulations of the Expo, the relevant laws, regulations, rules, and the additional instructions and directives issued by the Organizer pursuant to the General Regulations and the Special Regulations of the Expo (hereinafter jointly referred to as “oet Laws and DtrdAnottnC”).
2. The additional instructions and directives are issued by the Organizer to provide more information on related subjects and further specify the rights and obligations of Participants and the Organizer and shall be in conformity with the General Regulations and Special Regulations.
Article 4 Compulsory and Required Insurance
1. Participants shall, in compliance with the Laws and Regulations, take out the following insurances for their personnel and pay the insurance premiums accordingly:
(1) Employment injury insurance;
(2) Medical insurance.
2. Participants shall ensure that all the personnel must take out compulsory traffic accident liability insurance for their motor vehicles in compliance with the Laws and Regulations.
3. Participants shall submit the copy of their insurance contracts/policies and proof of payment of insurance premiums to the Organizer.
4. The required insurance for the Expo as provided for in the General Regulations and this Special Regulation includes:
(1) Comprehensive liability insurance;
(2) Property insurance;
(3) Insurance for construction and installation projects.
5. The organizer shall take out the comprehensive liability insurance for itself and for the Participants, and the latter are required to pay the cost determined on a pro-rata calculation of the exhibition areas they occupy to the Organizer. Except for the comprehensive liability insurance, Participants shall submit the copy of their required insurance contracts/policies and proof of payment of insurance premiums to the Organizer.
6. The minimum requirement for each insurance type listed in this Article shall be decided by the Organizer, and the specific coverage for each insurance type shall be subject to the terms and conditions of the insurance contract or to the public announcement issued by the Organizer.
7. Unless otherwise specified herein, if the Participants take out insurance for goods, plants and other materials, the corresponding insurance contracts/policies shall cover the period of their stay within the territory of China. The insurance contracts/policies for the foreign personnel of Participants shall cover the period of their stay in China and for Chinese personnel, the period of their employment by the Participants.
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8. The insurance contracts shall be concluded in or evidenced by Chinese. If an insurance contract is concluded in languages other than Chinese, the Participants shall submit its Chinese translation to the Organizer upon its conclusion. In this case, the Participant concerned shall guarantee the accuracy and consistence of the translation with its original version.
9. Legal persons and other organizations in China which need domestic insurance shall take out the insurance with an insurance company located in China. The Organizer shall provide the Participants with a list of recommended insurance companies for insurance services which shall be legally valid within the territory of China.
Article 5 Employment Injury Insurance
1. IdtCdnnotottoettMtotnAtMtodttootAnpttftoettItttAtACtDttdeAtottftsetnn,tAnetttAnpttftoett ItttAtACt DttdeAtot tft setnn,t Anettt stnotnoot Anpt tft oett ItttAtACt DttdeAtot tft setnnt nnut Regulations on the Employment Injury Insurance, enterprises and private businesses within the territory of China shall purchase employment injury insurance for their employees to ensure that they will have medical treatment and financial compensation in case of work place injuries, occupational diseases, disability, loss of ability to work or death during their employment.
2. The employment injury insurance is under the management of the labor and social security departments of the Chinese Government.
Article 6 Medical Insurance
1. IdtCdnnotottoettMtotnAtMtodttootAnpttftoettItttAtACtDttdeAtottftsetnn,tAnetttAnpttftoett ItttAtACt DttdeAtot tft setnnt nnut RtotCttnt tft oett Monott stdnotAt tnt IConeAtCetnrt nt dnCtot Medical Insurance System for Urban Employees, all employers in cities and towns, including enterprises (state-owned enterprises, collective enterprises, foreign- invested enterprises, private businesses, etc.), government departments, government affiliated institutions, social organizations, private non-enterprise institutions and their employees should participate in the basic medical insurance program.
2. Medical insurance is under the management of the labor and social security departments of the Chinese Government.
Article 7 Compulsory Traffic Accident Liability Insurance for Motor Vehicles
1. IdtCdnnot ott oett Anpt tft oett ItttAtACt DttdeAtot tft setnnt tnt Dtnut etnfftot Mnftoot nnut Regulations on Compulsory Traffic Accident Liability Insurance for Motor Vehicles, motor vehicles not covered by the compulsory liability insurance shall not be on-road, registered by the motor vehicles administrative departments or inspected by the inspection agencies.
2. To ensure that the loss is fully covered by insurance, the Participants may take out optional insurances voluntarily as stipulated in Article 14 of this Special Regulation.
3. Proof of insurance must be carried in the vehicles at all times.
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Article 8 Special Provisions on Personal Accident Insurance and Medical Insurance for Non-Chinese Employees
Participants, who employ non-Chinese residents to work in the Expo Site, shall provide the Organizer with valid documents certifying that the said employees have been covered by the personal accident insurance and medical insurance. Otherwise, the Participants shall arrange the personal accident insurance and medical insurance for those employees in China and the Organizer shall provide necessary assistance in this respect.
Article 9 Comprehensive Liability Insurance
1. In the event of any accident caused by the Organizer or the Participants during the insurance period in the insured areas which results in personal injury or financial loss of a third- party, the insurer shall be liable for financial compensation which the Organizer or the Participants assume under the laws of China.
2. The maximum amount of compensation for each accident or compensation accumulated during the insurance period is RMB 50 million yuan which includes legal costs and other expenses.
3. Under general circumstances, the period of coverage of a comprehensive liability insurance contract is:
(1) For the Organizer, from the date on which construction starts in the Expo Site to the date on which the dismantlement/removal of all exhibition areas is completed;
(2) For the Participants, from the date on which the Participation Contracts, commercial contracts or other contracts and agreements come into effect to the date on which the exhibition areas are returned to the Organizer.
4. The Organizer shall purchase for itself and all Participants the comprehensive liability insurance on the most favorable terms. The Participants shall be responsible for the cost which is determined on a pro-rata calculation of the exhibition areas they occupy.
Article 10 Property Insurance
1. The property insurance covers buildings and structures, facilities, equipment, merchandise, articles for daily use, plants and other property that are owned, rented, looked after by, or under the care or control of the insured in the insured areas, excluding animals (with fish and shellfish included).
2. The insured amount of a property insurance contract is determined as per the actual or replacement or assessable value of the property insured.
3. Under general circumstances, the period of coverage of a property insurance contract is:
(1) For existing buildings and structures in the Expo Site, from the date mutually agreed by the insurer and the insured to the date on which the dismantlement/removal commences;
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(2) For buildings and structures, facilities and equipment to be built in the Expo Site, from the date the project is partially or totally checked and accepted or put into use to the date of dismantlement/removal;
(3) For merchandise, articles for daily use and other property, from the delivery date of the insured property to the insured area to the departure date of the transport vehicle shipping the insured property from the insured areas.
4. The Organizer and Participants shall take out property insurance for the property owned, rented, looked after by, or under the care or control of the Organizer and Participants respectively. If the property insured by the Organizer is used by any Participant, the Participant shall pay the Organizer the amount applicable to that property.
Article 11 Insurance for Construction and Installation Projects
1. Property covered by the insurance for construction and installation projects includes the construction and installation projects as well as materials, machines and equipment used for the projects that are owned by or under the care or control of the insured in the insured areas.
2. The insured period for construction and installation projects shall start on the date of commencement of construction or delivery of materials and equipment to the construction site and terminate on the date of acceptance or actual use.
3. The insured amount for construction and installation projects shall be determined as per the contract price of the projects or the actual value of the materials and equipment.
4. Participants shall take out insurance for construction and installation projects for all the construction and installation projects described in Paragraph 1 of this Article under their control during the Expo.
Article 12 Self-insurance
The governments of participating countries or similar institutions of other Participants may, upon notifying the Organizer in writing, act as their own insurers in respect to buildings, structures, facilities, equipment, merchandises and articles for daily use for which they are responsible.
Article 13 Special Clauses
Upon approval by the Organizer, the Participants may add special clauses when signing insurance contracts for property and construction and installation projects with the insurers.
Article 14 Optional Insurance
The Organizer shall assist the Participants in purchasing optional insurance by providing the Participants in due time with a list of optional insurance available and issuing insurance guidelines.
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Article 15 Waiver
1. In the event of an accident, Participants shall waive the right to claim compensation from the Organizer and its staff or other Participants and their staff, unless the accident is intentional or caused by gross negligence.
2. In the event of an accident, the Organizer shall waive the right to claim compensation from the Participants and their staff, unless the accident is intentional or caused by gross negligence.
3. For the types of insurance listed in Paragraph 4 of Article 4, the Participants and the Organizer shall waive the claims as specified in Paragraph 1 and 2 of this Article, and ensure that the relevant insurance companies waive the right of subrogation arising therefrom.
4. The waivers specified in Paragraphs 1 to 3 of this Article shall be effective together with the Participation Contracts, commercial contracts or any other contracts and agreements, and shall be included in every insurance contract in relation to the Expo signed by the Participants.
Article 16 Assistance from the Organizer
1. The Participants may apply to the Organizer for assistance when signing contracts for property insurance and insurance for construction and installation projects. The applications shall be submitted to the Organizer no later than 15 days prior to the signing of such contracts.
2. The Organizer may provide assistance when the Participants need to add special clauses to the contracts mentioned in the above paragraph.
Special Regulation No. 09 Concerning Commercial Activities by Official Participants Beijing International Horticultural Exhibition Coordination Bureau
CHAPTER I GENERAL PROVISIONS
Article 1 Purpose
Pursuant to Articles 22, 23, 24, 25, 26 and 37 of the General Regulations of the International ttotodAodtnAt Iietetottnt 2119,t dttjtnr,t setnnt (ettttnnfottt ttfttttut ott nCt oett “Iitt”),t oetCt Special Regulation lays down the rules for commercial and other activities of Official IntotottnnoCttntoettIitttCtott(ettttnnfotttttfttttutottnCt“IitttMtot”).
Article 2 Applicability
1. The commercial activities in the context of this Special Regulation refer to the operation of restaurants and sales of goods by Official Participants in their respective sections approved by the Organizer.
2. The restaurants operated by Official Participants shall mainly serve their national food or specialties from their country.
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3. Official Participants may sell to the general public photographs, slides, postcards, sound and video recordings (including films, CDs, DVDs or other electronic media), books and stamps fttet oetttt otdnotttCt ttt ttAnotnrt ott oett ttrnntenottnC.t Mdejtoot ott oett utrnntettACt nttttvnA,t Official Participants may also sell limited types of articles which are truly representative of their respective countries (excluding imported animals). Imported plants may only be sold subject to relevant customs and quarantine requirements and procedures to be followed. Such articles may be replaced during the course of the Expo.
Article 3 Compliance with Laws and Regulations
1. All Official Participants shall comply with the Paris Convention Relating to International Exhibitions signed on November 22nd, 1928 as amended and supplemented, the General Regulations and the Special Regulations of the Expo, the relevant laws, regulations, rules, and the additional instructions and directives issued by the Organizer pursuant to the General Regulations and the Special Regulations of oettIittt(ettttnnfotttjttnoAotttfttttutottnCt“oett Laws and DtrdAnottnC”).
2. The additional instructions and directives are issued by the Organizer to provide more information on related subjects and further specify the rights and obligations of Official Participants and the Organizer.
3. The Organizer has the authority to instruct Official Participants to cease their commercial activities if the said activities violate the Laws and Regulations. Official Participants shall follow the directives of the Organizer and bear the responsibility and losses arising therefrom.
4. Official Participants shall ensure that the persons and entities involved in commercial activities observe the Laws and Regulations and the provisions of the Participation Contract in the Expo Site.
CHAPTER II AUTHORIZATION OF COMMERCIAL ACTIVITIES
Article 4 Responsibilities of Commissioner General of Section
1. Pursuant to Paragraph 2 of Article 22 of the General Regulations, the Commissioner General of Section shall have full responsibility for commercial and other activities in each national section approved by the Organizer. Regardless of the forms in which an Official Participant assigns its commercial activities to a third party, the Commissioner General of Section of the Official Participant shall have direct responsibility for the act of the said third party.
2. Pursuant to Article 7 of this Special Regulation and the Participation Contract, Official Participants shall pay the Organizer royalties arising from their commercial activities. The Commissioner General of Section or his/her designated representative shall collect and deliver the royalties to the Organizer.
3. Official Participants shall pay taxes on their commercial activities pursuant to the Laws and Regulations.
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Article 5 Approval for Commercial Activities
1. Official Participants shall submit in advance to the Organizer for approval proposals on the type of restaurants to be operated, the type, price and the price labeling of the food and goods to be sold, and the location, area, size, style, capacity and management methods of the commercial establishments. Such proposals shall also be submitted to the relevant Chinese authorities for final examination and approval.
2. Official Participants shall obtain the OrganizerACt nttttvnAt etftttt tnConAAtnrt ndotenotot vending machines for their commercial activities. The automatic vending machines shall clearly display the information and certificates of the operation entities in a conspicuous place complying with the Laws and Regulations.
3. Any change to the above items shall be subject to the consent of the Organizer.
Article 6 Areas for Commercial Activities
1. Pursuant to Paragraph 3 of Article 22 of the General Regulations, the space to be used by an Official Participant for commercial activities (including the kitchen, storage area and sales area) shall not exceed 20% of the total covered exhibition areas or 100 square meters, whichever is the smallest area. For exhibition areas that are larger than 2000 square meters, the area allocated to commercial activities should be determined through negotiation between the Organizer and the Official Participant.
2. Official Participants shall conduct commercial activities only within the area approved by the Organizer. Without the approval of the Organizer, Official Participants may not change the area for commercial activities or conduct commercial activities elsewhere.
3. The commercial activities by the Official Participants shall not detract attention from the gardens and plants as the main focus of the Expo, and should complement the horticultural aspects of their exhibitions.
Article 7 Royalties
1. Official Participants shall pay the Organizer royalties arising from their commercial activities. Royalties shall be collected and delivered to the Organizer by the Commissioner General of Section or his/her designated representative.
The royalties shall be paid monthly and specific measures in this regard shall be formulated by the Organizer separately.
2. Royalties shall be calculated as a proportion of the after-tax revenues (i.e. The turnover excluding the V.A.T) from commercial activities as follows:
(1) Restaurants: 8%;
(2) Boutiques: 10%.
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3. The outstanding royalties shall be paid within two months after the end of the Expo to a bank account whose details will be provided by the Organizer separately.
Article 8 Handling of Sales Income
1. Each Official Participant shall keep a record of daily sales income and report it to the Organizer in a way specified by the Organizer. The Official Participant shall open an account at a bank designated by the Organizer and deposit the daily sales income in that account within the time limit set by the Organizer. The Organizer may require the Official Participant to provide a detailed report on its sales income and account statements in a specified time, and audit, when necessary, the financial situation of the commercial activities.
2. Official Participants shall use the cash register system designated by the Organizer to handle the sales income from their commercial activities.
Article 9 Confirmation and Examination of Commercial Activities
1. The Organizer may carry out on-site inspections of the commercial facilities of Official Participants to see if the facilities are legitimately operated in compliance with the AnpCtnnutDtrdAnottnC.tCntCdoetonCtC,toettutrnntettACttttttCtnonotvttttttnoettnCttootttCenAAt carry relevant credentials and present them upon request by the Official Participant or other party concerned.
2. The Organizer may, based on the result of on-site inspections, direct the Official Participant concerned to take necessary remedial measures or measures of improvement. The Official Participant shall follow the directives of the Organizer.
Article 10 Sale of Exhibits after the Closing of the Expo
1. After the closing of the Expo, Official Participants may sell the exhibits (excluding propagating materials), installation materials and other items used during the Expo. Imported plants may only be sold subject to the relevant customs and quarantine requirements and procedures to be followed. No royalties shall be paid to the Organizer on such sales.
2. If the above-mentioned items are sold by an Official Participant, they shall not enjoy the benefit of temporary admission, and shall be subject to the completion of import procedures, submission of the import license, the import inspection and quarantine as well as payment of applicable taxes in accordance with the Laws and Regulations.
Article 11 Publicity
1. Official Participants may carry out publicity activities such as putting up and distributing advertisements, posters, notices, printed publications and other relevant publicity materials within their sections. With the approval of the Organizer, Official Participants may place publicity materials outside their exhibition areas. All the publicity materials shall bear the names and symbols of the Official Participants and indicate their exhibition items, and
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shall be subject to the examination of the Organizer. The publicity activities of Official Participants shall be conducted in compliance with the Laws and Regulations.
2. All the advertisements of Official Participants shall be in conformity with the Laws and Regulations as well as the requirements set forth by the Organizer. If a light-box advertisement needs to be installed, the Official Participant shall submit the design plan with a description of the specifications and location of the installation to the Organizer for approval.
3. Official Participants shall not carry out publicity concerning special events on the site without the authorization of the Organizer.
4. To ensure the security, order and harmony of the Expo, the Organizer may direct Official Participants to alter or remove their advertisements. The Official Participants concerned shall follow the directives of the Organizer.
5. Without the consent of the Organizer and the relevant Commissioners General of Section, Official Participants shall not use, either inside, or outside the Expo Site, the names of other countries, regions, cities, or any other similar names, and image, logo, marks, mascots and other signs of the Expo for which the Organizer holds the intellectual property right, whether for commercial purposes or not, be they in the form of boards, signs, printed publications, photos, drawings, electronic images, internet or any other form.
6. Brochures and leaflets may only be distributed within the enclosure of the exhibition areas. Official Participants shall not create noise/ excessive noise or use loudspeakers outside their exhibition areas to attract visitors and promote their items.
Article 12 Entertainment and Special Events
1. If they wish to hold entertainment and special events, presentations or meetings at the Expo Site, Official Participants shall submit their plans for approval to the Organizer six months prior to the opening of the Expo.
2. With the approval of the Organizer, Official Participants may arrange shows (including music, dance and other performances), special events, presentations or meetings relating to the theme of the Expo within the areas of their commercial activities.
3. No admission fees or administrative fees shall be charged by the Official Participants or the Organizer for the special events referred to in the preceding paragraph.
4. Upon the premise of non-infringement of intellectual property rights, the Organizer shall have the right to make sound, image and video recordings of events organized by Official Participants and have them published, distributed, broadcast on the radio or television, and transmitted through networks.
Article 13 Distribution of Samples and Foodstuff
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1. Official Participants may distribute to visitors within their own sections free samples and foodstuff representing their national food or specialties from their countries (excluding imported plants and propagating materials).
2. The Official Participant who intends to distribute free samples and foodstuff shall submit to the Organizer for approval an application, including a list of items to be distributed, their quantity, time and place. All free samples and foodstuff to be distributed shall be clearly indicated to visitors by the Official Participant.
3. In case the Official Participant violates the Laws and Regulations in the course of distributing free samples and foodstuff or the distribution is detrimental to the security, order and harmony of the Expo, the Organizer may revoke its approval and direct that such activities be stopped.
Article 14 Restaurant for Staff
With the approval of the Organizer, each Official Participant may set up a restaurant for the exclusive use of its own staff within its exhibition area. Such restaurant shall not be open to the public. The Official Participant shall not pay any royalties to the Organizer for the staff restaurant.
CHAPTER III OPERATION OF COMMERCIAL ACTIVITIES
Article 15 Business Hours
1. The business hours of commercial activities shall be determined by the Organizer in light of the type and location of commercial activities of Official Participants and the daily opening hours of the Expo.
2. The opening hours of a boutique of an Official Participant selling souvenirs shall be the same as those of its exhibition area. The opening hours of a restaurant of an Official Participant shall be in conformity with the provisions specified in Special Regulation No. 13 concerning admissions.
3. Under urgent circumstances, such as force majeure, the Organizer may ask Official Participants to change the business hours of their commercial activities to ensure the successful running of the Expo. Official Participants cannot claim any compensation for eventual losses resulting from such changes.
4. Official Participants may not suspend commercial activities during business hours without prior approval from the Organizer.
Article 16 Quality of Goods for Sale
Official Participants shall, in compliance with the Laws and Regulations, ensure the quality of goods for sale and protect the legitimate rights and interests of the consumers.
Article 17 Price of Goods for Sale
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Official Participants shall indicate clearly to visitors the prices of goods for sale in the commercial areas of their sections.
Article 18 Currency to be used
Commercial activities in the Expo Site shall be settled in Renminbi (RMB). The Organizer shall provide the RMB exchange service in the Expo Site.
Article 19 Notification
Official Participants shall notify the Organizer of the names, identification card and contact information of persons in charge of commercial activities and relevant salespeople, and provide other information required by the Organizer. Official Participants shall notify the Organizer of any change in the above information in a timely manner.
Article 20 Management of Boutique and Restaurant Staff
1. Boutique and restaurant staff shall participate in training conducted by the Organizer and wear identity badges when on duty.
2. In case of breach of the Laws and Regulations or disruption of order of the Expo by the boutique or restaurant staff, the Organizer may direct the Official Participant concerned to ensure that they leave the Expo Site or stop them from engaging in commercial activities. The Official Participants shall follow the directives of the Organizer.
Article 21 Transport of Goods
Official Participants shall comply with the requirements set forth by the Organizer when transporting goods, materials, equipment and other items related to commercial activities.
Article 22 Prohibition of Sale of Goods in Breach of Intellectual Property Rights
1. Official Participants shall abide by the prescriptions which shall be set forth in Special Regulation No. 11 concerning intellectual property rights and shall not infringe upon intellectual property rights when conducting commercial activities.
2. The Official Participants shall assume corresponding responsibility in case of breach of intellectual property rights in accordance with the Laws and Regulations.
Article 23 Use of Expo Symbols
Without the approval of the Organizer, Official Participants shall not use in their commercial activities the emblem, flag, mascots or other symbols of the Expo for which the Organizer holds intellectual property rights.
Article 24 Construction of Area for Commercial Activities
Official Participants shall abide by Special Regulations No. 4 concerning construction, installation, workplace safety, fire prevention and environmental protection and Special
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Regulation No. 5 concerning the installation and operation of machinery and equipment in designing and construction of the areas for their commercial activities and the installation of equipment thereupon. They shall bear the related expenses incurred.
Article 25 Sanitation
Official Participants shall follow the provisions for health and sanitation specified in Special Regulation No. 10 concerning general services when conducting commercial activities.
Article 26 Environmental Protection
Official Participants shall comply with Special Regulation No. 4 concerning construction, installation, workplace safety, fire prevention and environmental protection and take all necessary measures to protect the environment of the Expo Site against any damage or pollution when conducting commercial activities.
Article 27 Waiver
The Official Participants shall ensure the waiver of subcontracting, leasing, and mortgaging of facilities and commercial operations without the authorization of the Commissioner General.
Article 28 Recommendation of Suppliers of Restaurant Provisions
The Organizer will provide the Official Participants with a list of recommended suppliers of restaurant provisions.
Article 29 Liability for Infringement
Official Participants shall be held liable for any damage caused to consumers by their commercial activities as provided for in the Laws and Regulations.
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