World Exposition Shanghai China 2010
Special Regulation No. 8
Insurance
June 2007
Bureau of Shanghai World Expo Coordination
Article 1 Purpose
Pursuant to Articles 27 and 34 of the General Regulations for the World Exposition Shanghai China 2010 (hereinafter referred to as "Expo 2010"), this Special Regulation specifies insurance responsibilities of the participants and the Organizer.
Article 2 Definition of the Participants
1. Participants referred to in this Special Regulation include:
(1) official participants
(2) non-official participants
(3) businesses or individuals who have signed commercial contracts with the Organizer
(4) lessors who provide the Organizer with immovable or movable property under contracts signed with the Organizer
(5) contractors who undertake construction, installation and dismantlement under contracts signed with the Organizer.
2. The following parties are also deemed as participants in this Special Regulation:
(6) parties who provide those listed in 1(1) to 1(3) with entertainment and media services or exhibits
(7) parties who undertake construction, installation and dismantlement within the Expo Site for those listed in 1(1) to 1(5)
(8) parties who have lawful rights and interests for the property used by the Expo besides those listed in 1(1) to 1(5)
3. Participants listed in Paragraph 1 of Article 2 shall notify the participants listed in Paragraph 2 of Article 2 of this Special Regulation and require the latter to present legally binding written documents as proof of observance of this Special Regulation and honoring their due obligation arising therefrom.
Article 3 Compliance with Laws and Regulations
1. All official participants shall comply with the relevant laws, regulations and rules of China, the General Regulations and the Special Regulations of Expo 2010, and the additional instructions and directives issued by the Organizer (hereinafter jointly referred to as "Laws and Regulations").
2. 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 4 Compulsory and Required Insurance for Expo 2010
1. The compulsory insurance for Expo 2010 as provided for in the laws and regulations of China include:
(1) compulsory traffic accident liability insurance for motor vehicles
(2) industrial injury insurance
(3) medical insurance
(4) general insurance (industrial injury and hospitalization insurance only) for non-local employees in Shanghai.
2. The required insurance for Expo 2010 as provided for in the General Regulations and this Special Regulation include:
(1) comprehensive liability insurance
(2) property insurance
(3) insurance for exhibits and fine arts
(4) insurance for construction and installation projects.
3. 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.
4. 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.
5. The Organizer shall provide the participants with a list of recommended insurance companies for insurance services. The recommended insurance companies may provide the participants with Chinese, English or French versions of the insurance contracts as needed. Any insurance contracts signed by the participants with insurance companies not on the recommended list shall satisfy the minimum requirements for the Expo 2010 compulsory insurance and be legally valid within the territory of China.
Article 5 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 2 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 Expo 2010 signed by the participants.
Article 6 Compulsory Traffic Accident Liability Insurance for Motor Vehicles
1. Pursuant to the Law of the People's Republic of China on Road Traffic Safety and 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 purchase additional insurances as stipulated in Article 17 of this Special Regulation.
Article 7 Industrial Injury Insurance
1．Pursuant to the Labor Law of the People's Republic of China and Regulations on the Industrial Injury Insurance, enterprises and private businesses within the territory of China shall purchase industrial 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 industrial injury insurance is under the management of the labor and social security departments of the Chinese Government.
Article 8 Medical Insurance
1. Pursuant to the Labor Law of the People's Republic of China and The Decision of the State Council on Establishing a Basic Medical Insurance System for Urban Employees, all employer 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 basic medical insurance program.
2. Medical insurance is under the management of the labor and social security departments of the Chinese Government.
Article 9 General Insurance for Non-local Employees in Shanghai
1. Pursuant to the Interim Procedures of Shanghai Municipality on the General Insurance for Non-local Employees, non-local employees employed by all the government departments, social organizations, enterprises, government affiliated institutions, private non-enterprise institutions, private businesses in the administrative area of Shanghai Municipality with government approval, and non-local self-employed people should participate in the general insurance program for non-local employees in Shanghai.
2. The participants shall pay premiums of industrial injuries and hospitalization insurance for their employees eligible for the general insurance for non-local employees in Shanghai.
3. The general insurance for non-local employees is under the management of Shanghai municipal labor and social security departments.
Article 10 Special Provisions on Personal Accident Insurance and Medical Insurance for Non-Chinese Employees
Article 11 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 1 billion 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 pavilions 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 plots, pavilions or covered exhibition spaces 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 area they occupy.
Article 12 Property Insurance
1. The property insurance covers buildings and structures, facilities, equipment, merchandise, articles for daily use 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 (and fish and shellfish), plants, and the property covered by the "insurance for exhibits and fine arts".
2. The amount of a property insurance contract is determined as per the actual 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;
(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 purchase 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 13 Insurance for Exhibits and Fine Arts
1. Property covered by the insurance for exhibits and fine arts shall be listed in the annex to the insurance contract, including exhibits and non-exhibit fine arts, along with their accessories and protectors that are owned, rented, looked after by, or under the care or control of the insured, excluding animals (including fish and shellfish), plants, and raw materials used for on-site demonstration or items generated from the demonstration.
2. The insured amount for exhibits and fine arts shall be determined as per the replacement value of the insured property or based on mutual agreement by the insurer and the insured. The amount shall be listed in the annex to the insurance contract.
3. The insured period for exhibits and fine arts shall start with the unloading of the insured property from the transport vehicle in the insured areas and terminate upon the departure of the transport vehicle from the insured areas with the insured property loaded when the exhibition is over.
4. The participants shall purchase insurance for exhibits and fine arts for all the exhibits and fine arts described in Paragraph 1 of this Article under their control during Expo 2010.
Article 14 Insurance for Construction and Installation Projects
1. Property covered by the insurance for construction and installation projects include 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 purchase insurance for construction and installation projects for all the construction and installation projects described in Paragraph 1 of this Article under their control during Expo 2010.
Article 15 Self-insurance
The governments of participating countries or similar institutions of other participants may, upon notifying the Commissioner General of the Exposition in writing, act as their own insurers in respect to buildings, structures, facilities, equipment, merchandises, articles for daily use, exhibits and fine arts for which they are responsible.
Article 16 Special Clauses
Upon approval by the Organizer, the participants may add special clauses when signing insurance contracts for property, exhibits and fine arts, and construction and installation projects with the insurers.
Article 17 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.
Article 18 Assistance from the Organizer
1. The participants may apply to the Organizer for assistance when signing contracts for property insurance, insurance for exhibits and fine art, 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.