Provisions On The Management Of Export Licenses

In order to strengthen and improve the management of export licenses, the provisions are formulated in accordance with the foreign trade law of the People's Republic of China (hereinafter referred to as the "foreign trade law") and the Interim Measures for the administration of export commodities.

I. administrative organs of export licenses

Article 1 the Ministry of foreign trade and Economic Cooperation (hereinafter referred to as the Ministry of foreign trade and economic cooperation) is the administrative organ of the national export commodities license. It is responsible for formulating, revising and interpreting the regulations of the State export license and examining the implementation of the export license management.

The second MOFTEC, in accordance with the foreign trade law, determines and adjusts the scope and contents of the export license management commodities and the scope of certification commodities.

The third Quota Licensing Bureau of the Ministry of foreign trade and Economic Cooperation (hereinafter referred to as the Ministry of foreign trade and Economic Affairs), the special correspondent office in various localities (hereinafter referred to as the special office) and the foreign economic and Trade Commission (offices and bureaus) of all provinces, autonomous regions, municipalities directly under the central government and the cities under separate planning (hereinafter referred to as the foreign trade and economic cooperation departments) are the issuing organs authorized by the Ministry of foreign trade and economic cooperation, and are responsible for the issuance of licenses within the scope of authorization.

Two. Principles for the issuance of export licenses

The fourth export license is the legal certificate for the state to manage the exit of goods.

All types of import and export enterprises, except for the exemption from the provisions of this regulation, shall apply for export licenses to the designated certification authorities before export, and the customs shall accept declarations on the basis of export licenses.

The fifth export licenses shall be issued according to the principle of hierarchical management.

(1) the scope of certification issued by the Ministry of foreign trade and Economic Affairs:

1. issuing licenses for export commodities of all types of enterprises in the country according to the certification catalogue specified by MOFTEC.

2. the implementation of the monorail program management of the state departments and import and export enterprises and the implementation of dual track management of the state departments and foreign trade (industry and trade) Corporation (list, Annex I, the same below) self export license management commodities;

3. a country's non foreign trade unit (the agencies, groups, enterprises and institutions without the right to operate foreign trade, the same below) need to handle export license items for shipment.

(two) the scope of special certification:

1. in accordance with the certification catalogue issued by MOFTEC, all the import and export enterprises in the provinces, autonomous regions, municipalities directly under the central government and cities directly under the central government, and the departments in charge of foreign trade (industry and trade), which are managed by dual track system, are permitted to issue export commodities in the affiliated areas.

2. according to the certification catalogue specified by the Ministry of foreign trade and economic cooperation, the export quota commodity license of various import enterprises of various branches of the state in special affiliated areas shall be issued.

3. issue the export commodity license of another unit.

(three) the scope of certification issued by the competent departments of foreign trade and Economic Cooperation:

1. according to the certification catalogue issued by the Ministry of foreign trade and Economic Cooperation (except those provided otherwise), the export commodities licenses of the foreign trade and industrial and trade companies of the various departments of the state, including the import and export enterprises and the foreign trade (industry and trade) companies under the dual track plan management, shall be issued. However, the Department of foreign trade and economic cooperation of the Tibet autonomous region has signed the scope of the export commodity licenses, according to the notice of the Ministry of foreign trade and economic cooperation on the issue of the right to declare the import and export licenses of the Tibet autonomous region's foreign trade and Economic Cooperation ([1995] foreign trade and economic cooperation No. 673rd).

2. the export license items that the local non foreign trade units need to handle for pporting goods.

(four) all the various import and export enterprises of the whole country shall go to the designated license issuing organs for export licenses if the commodities designated by the issuing authority (including the designated foreign trade and Economic Department of the main production place) are issued.

The designated issuing organ of the main producing area shall draw up a method for issuing the licensed commodities according to these provisions and submit it to the Ministry of foreign trade and economic cooperation for approval.

The sixth export license management commodities generally implement "one batch, one certificate" system, except in the following situations:

(1) export commodities of foreign invested enterprises;

(two) export commodities under compensation trade;

(three) rice, soybeans, corn, live pigs, live cattle, live poultry, frozen beef, frozen mutton, frozen pork, frozen piglets, frozen poultry, frozen pigeon, crabs, Portunus, chestnuts, pear, melon, pear, tea, fireworks, toilet paper, drawnwork, carpet, crude oil, refined oil, coal and so on 27 kinds of commodities.

Once the seventh export licenses are issued, no unit or individual may modify the contents of the certificate. If necessary, the original license should be deleted from the original license issuing authority and the export license should be re issued within the validity period.

Three. The validity period of export licenses

The quotas of the eighth export commodities are valid (except those provided otherwise), and all kinds of import and export enterprises should apply for the export license to the license issuing authority before December 16th of that year.

The ninth issuing organs may issue the export license for the next year according to the next year's export quota issued by the Ministry of foreign trade and economic cooperation from December 15th of that year.

The date of issuance of the export license should be added to the next year (January 1st, which can not be used in advance), and the number of certificates will be included in the issuing statistics of the next year.

Tenth export license management commodities with "one batch, one certificate" system, each export license shall be valid for no more than 3 months from the date of issuance, and only one time for customs declaration within the validity period. No export licence management commodity (except for fresh frozen goods for Hong Kong and Macao) is implemented. The maximum period of validity of each export license is 6 months, which can be used for several times, but not more than 12 times. The number of goods delivered by the customs is signed by batch by customs. Fresh frozen commodities for Hong Kong and Macao (excluding re export parts) are available. Each export license is valid for one month and expires.

The eleventh export license, which has not been used or not used in the valid period, may be returned to the original issuing authority within the validity period. The issuing organ will return the original export quota after examination, delete the original license and re issue the license.

When the twelfth export licenses need to be used for more than one year, the license issuing authority may directly export the validity period of the export license to the next year in the current year, and shall not exceed the end of February at the latest.

The export license for a new year shall not be postponed.

Thirteenth, when the issuing authority adjusts between the annual alternation, the export license issued by the original license issuing authority will no longer be changed to the adjusted issuing authority. The validity period of the license can not exceed the end of February next year.

The temporary adjustment and certification authority shall be handled according to the provisions of the time.

Four, the general contents of the issue of export licenses should be examined.

The fourteenth is to examine the application form of export license submitted by export enterprises.

When exporting various types of export licenses, all export enterprises should submit the export documents and export contracts to the certification authority (all copies of the original copy), and fill in the application form (original) of the export license conscientiously and honestly.

The issuing organ shall strictly examine whether the contents of the application form conform to the relevant provisions, whether it is consistent with the relevant contents in the export contract, and issue export licenses accordingly.

The fifteenth section examines whether the export enterprise has the right to operate the commodity.

The issuing organ shall strictly examine and verify according to the provisions of the Ministry of foreign trade and economic cooperation on the allocation of export commodity quotas (1995 foreign trade and economic cooperation No. 761st).

The sixteenth examines the prices of export commodities.

The issuing organ should focus on examining the prices of export commodities when examining export contracts, and the prices of the commodities issued on the export licenses should be in line with the prices of the export contracts. However, when the price in the export contract is lower than the export coordination price specified by the relevant import and export chambers of Commerce, the license issuing organ should refuse to export the license.

Five. The scope and certification basis of export licenses.

Seventeenth the Ministry of foreign trade and Economic Cooperation (MOFTEC) takes the planned quota, the active quota (hereinafter referred to as the export quota) and the export commodities under general license management (the catalogue of export license management commodities issued by the Ministry of trade and economic cooperation outside the catalogue) as the criterion.

(1) for the commodities subject to export quota management, the license issuing authorities issue the export licenses according to the export quotas issued by the Ministry of foreign trade and economic cooperation and the number of quotas allocated two times by the competent departments of foreign trade and economic cooperation.

(two) except for military and civilian chemicals, heavy water, precursor chemicals and computer exports, the export license is issued by the licensing authority on the basis of the valid export contract signed by the export enterprise (the same below).

(three) in the first two paragraphs, the export commodities with quota paid tenders shall be issued on the basis of the list of successful enterprises issued by the Ministry of foreign trade and economic cooperation, the number of enterprises winning the bid and the export licenses issued by the tender committee for the certificate of export license for paid quotas, and the export commodities with unpaid bidding shall be issued on the basis of the list of successful enterprises issued by the Ministry of foreign trade and economic cooperation, the number of successful enterprises and the export licenses issued by the tender committee.

(four) general chemicals of the military and the civilian, any enterprise and unit, regardless of its way of export, shall be approved by the Ministry of chemical industry, and the issuing authority shall issue an export license on the basis of the approval documents of the Ministry of work.

(five) heavy water and precursor chemicals shall be approved by the Ministry of foreign trade and economic cooperation for export by any enterprise or unit in any way, and the issuing organ shall issue an export license with the approval documents of MOFTEC.

(six) the export of computers with license management shall be carried out by any enterprise before the export. The license issuing authority shall issue an export license with the export computer technology review form approved by the Ministry of foreign trade and economic cooperation.

The eighteenth export license shall be handled according to the relevant regulations of the customs.

(1) except for steel products, pig iron, zinc and sugar, where the goods are subject to export quota management, the issuing organ shall issue export licenses according to the documents approved by the Ministry of foreign trade and economic cooperation or the competent departments of foreign trade and economic cooperation and the export quotas issued by the Ministry of foreign trade and economic cooperation, and the general export license management commodities that do not implement export quota management. The license issuing organs shall issue export licenses according to the documents of import processing projects approved by the Ministry of foreign trade and economic cooperation or the competent departments of foreign trade and economic cooperation, export contracts signed by export enterprises and import processing manuals.

(two) the export processing of steel, pig iron, zinc and sugar is processed. The license issuing authority approves the import processing project documents and export processing registration manuals (original) and export contracts issued by the Ministry of foreign trade and economic cooperation, and does not occupy annual export quotas.

Article nineteenth export commodities produced by foreign invested enterprises, which are managed by export licenses (including import processing and re export), shall be handled according to the following regulations:

(1) the export license shall be issued by the issuing authority according to the quota of foreign investment enterprises issued by the Ministry of foreign trade and economic cooperation for the export of approved foreign-funded enterprises.

(two) the foreign-invested enterprises that have been approved before the adjustment of the list of export license management commodities, whose export products become commodities for new export licenses after adjustment, can be approved by foreign trade and economic cooperation departments according to the approved business scope and export scale, and the issuing authorities issue the export licenses according to the quota of foreign investment enterprises issued by the Ministry of foreign trade and economic cooperation.

(three) investment projects involving foreign-invested enterprises involving export of commodities under export license shall be examined and approved by the Ministry of foreign trade and economic cooperation upon approval of the Ministry of foreign trade and economic cooperation at the stage of project approval.

The Ministry of foreign trade and economic cooperation shall not issue annual export quotas for the above items without approval, and the licensing authorities shall not issue export licenses.

The twentieth Chinese foreign joint ventures, cooperative ventures and wholly foreign-owned enterprises established outside China, which are required to import shares of various raw materials, spare parts and other materials or enterprises after they are put into operation, will be deemed to be exported to the general trade. The licensing authorities shall issue export licenses in accordance with the seventeenth provision of these provisions.

Twenty-first articles approved by the enterprises engaged in foreign contracted projects and labor cooperation projects, such as domestic equipment, materials, construction equipment and public goods for labor service, are commodities which are managed by the export license. The licensing authorities issue the export licenses according to the scope of the prescribed catalogue issued by the Ministry of foreign trade and economic cooperation or the competent departments of foreign trade and Economic Cooperation (quota free paid commodities and quotas for fresh frozen commodities in Hong Kong and Macao), and export commodities that are not licensed by the customs are subject to supervision and inspection by customs.

Quota paid tendering commodities and quota management for fresh frozen commodities in Hong Kong and Macao are dealt with in accordance with the seventeenth provisions of this regulation.

The export of the twenty-second complete sets of equipment shall be carried out with the commodities that are owned by the export license management. The license issuing organs shall issue export licenses according to the scope of the prescribed license catalogue, except for the equipment export contracts signed by the enterprises (except the quotas for paid quotations).

Quota paid bidding commodities are handled according to the seventeenth provision of this regulation.

The twenty-third issuing of export commodities under foreign loans and compensation trade shall be issued by the issuing authority on the basis of the export quota issued by the Ministry of foreign trade and economic cooperation to repay foreign loans and compensation trade.

Enterprises that do not have the right to operate foreign trade do so when they repay foreign loans and compensation trade.