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(Promulgated
by Ministry of Foreign Trade and Economic Cooperation on January
2,1996)
In
order to strengthen and improve the administration on export license,
these regulations are formulated according to The Law on Foreign
Trade of the Peoples Republic of China (Hereinafter referred as
foreign trade law) and Interim Procedures of the Peoples Republic
of China Concerning Administration of Export Commodities.
1.Administrative
Bodies for Issuing and Control of Export Licenses
Article
1 Ministry of Foreign Trade and Economic cooperation (MOFTEC)is
the national administrative body for the issuing and control of
export licenses and is responsible for the formulation, revision
and explanation of the State rules and regulations on export licenses
and for checks to the works of control to export licenses.
Article
2 MOFTEC shall determine upon and readjust from time to time the
scope and catalogue of the commodities whose export should be put
on license control and the scope of export licenses that should
be issued by special administrative bodies.
Article
3 The Bureau for Control of Quotas and Licenses under MOFTEC (hereinafter
referred to as the Bureau for shout),special commissioners offices
of MOFTEC and commissions (departments or bureaus)of foreign trade
and economic cooperation of the various provinces, autonomous regions
and municipalities as well as those cities enjoying provincial status
in planning (hereinafter referred to as the local trade departments
for short)are authorized by MOFTEC as bodies to be responsible for
the work of issuing of export licenses with in their own authorized
scope.
2.Principles
for Issuing of Export Licenses
Article
4 Export licenses are legal documents for the State to control upon
the exits of the commodities from the territory of the country.
All enterprises handling import and export must apply according
to the regulations to an authorized administrative body concerned
for the issuing of an export license before exporting any of the
commodities subjected to export license control (except those have
been subjected to exemption from export licensing according to these
regulations).The Customs shall not accept the application for exporting
of any commodities without an export license.
Article
5 Export licenses for commodities in different natures in the catalogue
shall be issued by administrative bodies of different levels.
1.
Export licenses issued by the Bureau under MOFTEC.
(1)
Licenses for the commodities listed in the catalogue provided by
MOFTEC for all kinks of import and export enterprises throughout
the country;
(2)
Licenses for commodities whose export is handled by those import
and export enterprises under the State ministries and departments
carrying out single planning management system and those national
foreign trade (Production and trade) corporations under the State
ministries and departments carrying out double planning management
system (the corporations are listed in the Appendix 1);
(3)
Permissions for exits from the territory of country of commodities
by projects subjected to export licensing of the institutions which
have not been authorized to handle foreign trade.
2.
Export licenses issued by special commissioner's offices of MOFTEC:
(1)
Licenses for the commodities listed in the catalogue provided by
MOFTEC for various import and export enterprises of the provinces,
autonomous regions, municipalities and those cities enjoying provincial
status in planning and for the branches of the national foreign
trade (production and trade) corporations under the State ministries
and department carrying out double planning management system which
are located in the places under the control of special representative
offices;
(2)
Licenses of commodities subjected to export quota license control
and commodities of bidding listed in the catalogue provided by MOFTEC
for the branches of the various import and export enterprises under
the State ministries and departments which are located in the areas;
(3)
Licenses for commodities of those units subjected to regulations
otherwise.
3.
Export licenses issued by local foreign trade departments;
(1)
Licenses for commodities listed in the catalogue provided by MOFTEC
(export stipulated otherwise) for various local import and export
enterprises and the local branches of the national foreign trade
(production and trade) corporations under the ministries and departments
carrying out the double planning management system. However, for
licenses issued by the Department of Foreign Trade and Economic
Cooperation of Tibet Autonomous Region, such a scope should be conformed
to "The Circular Concerning the Definition of the Competence
of the Department of Foreign Trade and Economic Cooperation of Tibet
Autonomous Region in Issuing Export Licenses" promulgated by
MOFTEC (Document NO673 of MOFTEC, 1995).
(2)
Licenses for commodities subjected to export licensing of local
nonforeign-trade units.
4.
Import and export enterprises throughout the country should go to
the above designated export license issuing bodies ( including the
special commissioner's offices of MOFTEC or local foreign trade
departments ) to get the export licenses for any of the commodities
subjected to export licenses for any of the commodities subjected
to export licensing under the respective scope. The designated local
export Licenses issuing bodies shall formulate detailed rules for
the issuing of export licenses of commodities within the designated
scope in accordance with these regulations and submit the rules
to MOFTEC for examination and approval before their implementation.
Article
6 For the issuing of export licenses, in general, one approval is
to one license, but the following commodities are exception:
1.
Export commodities produced by foreign funded enterprises;
2.
Export commodities related to compensation trade;
3.
The 27 varieties of commodities such as rice, soya beans, corn,
live pigs, live cattle, live sheep, live fowls, frozen beef, frozen
mutton, frozen pork, frozen sucking pigs, frozen fowls, frozen doves,
giant crabs, swimming crabs, chestnuts, Hebei-produced pears, Hami
melons, fragrant pears, tea, fireworks, toilet paper, drawnwork,
carpets, crude oil, refined oil and coal.
Article
7 Once an export license is issued, no unit or individual is allowed
to revise the contents therein. If the related contents need to
be revised within the term, the license per se should be replaced
by a new one by the original issuing body.
3.
Terms of Validity of Export Licenses
Article
8 Export commodity quotas are valid in the very year of their issuing
( export stipulated otherwise ). All import and export commodities
should apply to the license-issuing bodies concerned for issuing
of licenses for the next year before December 16, every year.
Article
9 License issuing bodies concerned may sign and issue as of December
15, in a year an export license for export quotas allocated in advance
by MOFTEC of next year but as the quotas granted by MOFTEC for a
definite year are not allowed to be used in advance, the date of
issuing on the license should still be filled up as January 1 of
the next year. Besides, the export licenses issued should be included
in the number of the licenses issued in the next year.
Article
10 For cases of one approval for one license, and export license
can be valid for three months at most as of the issuing date and
it can only be used once at the Customs within its valid term. In
cases of not one approval to one license ( except for fresh, live
and frozen products to be shipped and supplied to Hong Kong and
Macao ), a license can be valid for six months and can be used at
the Customs for 12 times at most. The Customs should record down
and sign the quantity of the products concerned on one batch by
one batch basis. An export license for fresh, live and frozen products
to be shipped and supplied to Hong Kong and Macao (except transit
goods ) is valid for one month and should become invalid after one
month.
Article
11 If the quotas associated to an export license have not been used
in whole or in part because of various reasons, the license per
se can be returned within its valid term to the related issuing
body. The body shall return the unused quotas by signing and issuing
a new license to replace the old one.
Article
12 When there is a reasonable need to extend the valid term of a
license, the original issuing body of the license may extend the
term to next year but not beyond the end of February of the year
and the term of validity of an export license crossing a year cannot
be further extended.
Article
13 In case of restructuring of an issuing body around the year-end,
the export licenses having been issued by that body need not be
replaced by new ones issued by a new body but can only be valid
until the end of February of next year. But if the restructuring
is made in other times, stipulations concerning the restructuring
should be followed.
4.
Matters should Be Examined When Issuing of A License
Article
14 Application forms submitted by the export enterprises concerned.
When
applying for export licences, every export enterprises should submit
to the licence-issuing body the export permits and contracts ( only
duplicates are needed ), and an earnestly and accurately filled
up application form ( original ) for the export license. The issuing
body concerned should strictly examine contents filled up in the
form to see whether they are conformed to the regulations concerned
and to the contents in the export contracts before signing and issuing
the export license.
Article
15 To see whether the applying enterprise has the right to handle
the export of the commodities concerned. The license-issuing body
should make the examination strictly according to "Regulations
on Distribution of the Quotas of Export Commodities" promulgated
by the MOFTEC ( The Document No.761 in 1995 of MOFTEC ).
Article
16 To check the prices of the export commodities. When examining
the export contracts, the license-issuing body concerned should
pay major attention to the prices of the export commodities. The
commodity prices filled up on the export license should be conformed
to the commodity prices in the export contracts. When the prices
in the export contracts are lower than the coordinated prices by
the related import and export chamber of commerce, however, the
license-issuing body should refuse to issue the export license.
5.
Scope of the Export License Administration and the Basis for License
Issuing
Article
17 MOFTEC administers licenses for exports to everywhere in the
world in both planned and voluntary export quotas (hereinafter referred
as export quotas ) for general export commodities subjected to export
licensing (the catalogue of the commodities should be conformed
to "The catalogue of the Commodities Subjected to Export License
Control and Issuing in Separate Levels" printed and distributed
by MOFTEC.)
1.
As to the commodities subjected to export quota control, the license-issuing
bodies should sign and issue export licenses according to the export
quotas allocated by MOFTEC and the export quotas redistributed by
the local foreign trade departments.
2.
As to the export commodities subjected to the control of general
licenses except chemicals for both military and civil use, heavy
water, chemicals liable to be turned into poisonous products, and
computers, the license-issuing bodies should sign and issue the
export licenses according to the effective export contracts signed
by the export enterprises.
3.
As to the export commodities of the two above categories subjected
to bidding for quotas, export licenses should be signed and issued
according to the list of the enterprises winning the biddings, the
quantity of the commodities the enterprises have won in the bidding,
and "The Certificates on Application for Export Licenses of
Commodities Subjected to Paid Quota Bidding" given by the Bidding
Committee. As to the export commodities subjected to no-pay biddings,
the export licenses should be signed and issued on the basis of
the list of the enterprises winning the biddings, the quantity of
the commodities the enterprises have won it the bidding, and the
certificates of bidding winners given by the bidding committee.
4.
Enterprises or units which are exporting chemicals for both military
and civil use in any form should apply to the Ministry of Chemical
Industry for approval. The license-issuing bodies shall sign and
issue export licenses on the strength of the documents approved
by the Ministry of Chemical Industry.
5.
Enterprises and units which are exporting heavy water and chemicals
liable to be turned into poisonous products in any form should apply
to MOFTEC for approval. The license-issuing bodies shall sign and
issue the export licenses on the strength of the documents of approval
by MOFTEC.
6.
Enterprises which are exporting computers subjected to the export
license control should apply to MOFTEC for technical examination
before handling the export. The license-issuing bodies shall sign
and issue the export licenses on the strength of "The Form
of Technical Examination of Computers for Export" approved
by MOFTEC.
Article
18 The re-export of the commodities made of imported materials subjected
to the export license control should abide by the following regulations
in gaining the export licenses besides being subjected to supervision
and control by the Customs according to regulations concerned.
1.
For all the commodities subjected to export quota control except
rolled steel, pig iron, zinc and sugar, the license-issuing bodies
shall sign and issue the export licenses on the strength of the
documents on the import of the materials for processing projects
approved by MOFTEC and the local foreign trade departments and the
documents on the export quotas distributed by MOFTEC. For the commodities
subjected to general export licensing quota control, the licen-issuing
bodies shall sign and issue the export licenses on the strength
of the documents on the import of the materials for processing approved
by MOFTEC and the local foreign trade departments, the export contracts
signed by the export enterprises and the registration book of the
overseas-supplied materials for processing.
2.
For the re-export of the processed overseas supplied rolled steel,
pig iron, zinc and sugar, the license-issuing bodies shall sign
and issue the export licenses on the strength of the documents on
the import of the materials for processing approved by MOFTEC, the
registration book ( original copy ) of the imported materials of
the export enterprises, and the export contracts. Such exports are
not included in the annual export quotas.
Article
19 When foreign-funded enterprises export their own products which
are subjected to the export license control (including the re-export
of processed imported materials ), the following regulations should
be followed:
1.
For the foreign-funded enterprises licensed to handle export, the
license-issuing bodies shall sign and issue the export licenses
on the basis of the export quotas of the foreign-funded enterprises
allocated by MOFTEC.
2.
For the foreign-funded enterprises which had been licensed to handle
export before the readjustment of the catalogue of the commodities
subjected to export licensing and whose export commodities became
the new commodities subjected to export license control because
of the readjustment, MOFTEC shall check and ratify the export quotas
of the foreign-funded enterprises according to their business scopes
and their production and export scales. The license-issuing bodies
then shall sign and issue the export licenses on the basis of the
quantity of the export quotas of the foreign-funded enterprises
allocated by MOFTEC.
3.
If a project funded by foreign-funded enterprise(s) involve(s) in
export of the commodities subjected to export licensing, it is necessary
to apply to MOFTEC for approval at the stage of the project proposal
before being examined and approved according to the procedures of
the examination and approval. For those projects which have not
been approved by MOFTEC but only by the local authorities, MOFTEC
shall not allocate annual export quotas and the license-issuing
bodies shall not sign and issue the export licenses.
Article
20 Exports of various raw materials, spare parts, components and
other materials needed by Sino-foreign joint equity or cooperative
ventures and Chinese solely-funded enterprises which are located
outside China as investment or production material should be treated
as the general trade export and the license-issuing bodies should
sign and issue the export licenses according to Article 17 of these
Regulations.
Article
21 When shipping out from China of Chinese-made equipment, materials,
construction machinery by Chinese enterprises which have been approved
to contract for construction work or labour services overseas for
their own use and the daily necessities for their workers and staff
abroad which are subjected to the export license control, the license-issuing
bodies shall sign and issue the export license for the commodities
on the basis of the categories of the commodities as set in the
catalogue and the scope of their own power on the strength of the
project contracts approved by MOFTEC and the local foreign trade
departments if the commodities are subjected to license control
( except those commodities subjected to export quota paid bidding
and those fresh, live and frozen products on quota control to be
shipped and supplied to Hong Kong and Macao) and the customs shall
examine and let them pass if the commodities are not subjected to
license control. The export of the commodities subjected to export
quota paid bidding and the fresh, live and frozen products on quota
control to be shipped and supplied to Hong Kong and Macao will be
handled according to Article 17 of this set of Regulations.
Article
22 For the export of the commodities which are subjected to export
license control for use overseas together with the exported complete
sets of equipment, the license-issuing institutions shall sign and
issue the export license according to the fixed scope of the license-issuing
catalogue and on the basis of the enterprises' contracts on the
export of the equipment (except those commodities subjected to export
quota paid bidding ). The export of the commodities subjected to
export quota paid bidding should be handled according to Article
17 of this set of Regulations.
Article
23 As to the export of the commodities for paying back overseas
loans or for compensation trade, the license-issuing institutions
shall sign and issue the export licenses according to the export
quotas for paying back overseas loans and for compensation trade
allocated by MOFTEC. When an enterprise which is not licensed to
handle foreign trade needs to pay back overseas loans or to do compensation
trade business, it should entrust a foreign-trade enterprise to
be its agent to apply for the export license for the export of its
products.
6.
Handling for Exceptional Circumstances of Export License Control
Article
24 No enterprise is allowed to handle export of the commodities
whose export is banned by Article 17 and Article 21 of "The
Foreign Trade Law".
Article
25 No enterprise is allowed to organize the export of the commodities
whose export is banned by the appendices of this set of Regulations
(see Appendix 2 ). But, the re-export of processed imported copper
and copper alloys should be treated as a special case to be reported
to MOFTEC for approval, and the lincense-issuing bodies shall sign
and issue the export license on the strength of the documents approved
by MOFTEC, the handbook of the imported materials for processing
and the export contracts. In this case, MOFTEC shall sign and issue
the export licenses for the import and export enterprises under
the ministries and departments of the central government while the
special commissioner's offices shall sign and issue the export licenses
for various local import and export enterprises. The re-export of
processed overseas-supplied copper and copper alloys should be treated
as an exceptional case to be reported to MOFTEC for approval and
be subjected to supervision and control by the customs according
to the rules concerned.
Article
26 Freshwater fish, fresh vegetables and fruits ( referring to Lichi
and Water melon ) to be shipped and supplied to Hong Kong and Macao
should be subjected to released-bill control and be released by
the customs according to Regulations concerned.
Article
27 The re-export of processed overseas-supplied materials (except
otherwise stipulated ) is free from the export license, and the
Customs shall release them according to Regulations concerned.
Article
28 The export of the commodities by foreign-economic-aid projects
( excluding those commodities banned for export ) is free from the
export license. The customs shall release them according to the
documents issued by MOFTEC on entrusting the enterprises to assume
the foreign-economic-aid tasks or the consignment note on the foreign-economic-aid
project issued by the China National Complete Plant Import and Export
( Group ) Corporation and the Customs declaration form filled up
by the enterprise.
Article
29 The exit of exhibits, exhibits for sale and small articles for
sale shall be subjected to the following Regulations:
1.
The exhibits to be brought out for display but not for sale for
exhibitions chiefly managed by China abroad are exempt from export
licenses. The Customs shall supervise, examine and release them
on the strength of the documents on holding the exhibitions approved
by MOFTEC and the Customs declaration forms. But, they should be
transported back to China after the exhibitions.
2.
As to the exhibits and small articles to be taken out for sale at
the exhibitions abroad held by national import and export corporations
( including national manufacturing and trade corporations ) authorized
by MOFTEC subjected to export license control, the license-issuing
bodies concerned shall sign and issue the export licenses on the
strength of the documents on the holding of the exhibitions approved
by MOFTEC and the Bureau of MOFTEC is responsible for signing and
issuing such licenses for the import enterprises under the State
ministries and departments while the local foreign trade departments
are responsible for signing and issuing such licenses for their
local import and export and export enterprises. Such export shall
not account for any of the export quotas. Such kind of exhibits
if not subjected to the export license control shall be supervised,
examined and released by the Customs on the strength of the Customs
declaration forms.
3.
As to exit of the exhibits and small articles to be taken out for
sale at the exhibitions abroad held by non-foreign-trade units,
whether they are subject-
ed
to export license control or not, export license should be applied.
The license-issuing bodies shall sign and issue the export licenses
on the strength of the documents on holding the exhibitions approved
by MOFTEC. Bureau of MOFTEC is responsible for signing and issuing
the export licenses for the units directly under the central govenment
while the local foreign trade departments are responsible for signing
and issue the export licenses for their local units.
Article
30 Rules for transport of samples of goods outside China:
1.
Samples of commodities or experimental objects are not subjected
to export license control if each batch of worth less than RMB 5,000
Yuan and the Customs shall examine and release them on the strength
of the filled up Customs declaration forms. When each batch of such
samples worth more than RMB 5,000 Yuan, they should be treated as
the ordinary commodities for export and applications for the export
licenses should be made. Besides, the export of the samples shall
be included in the export quotas. The license-issuing bodies shall
sign and issue the export licenses according to the fixed level-to-level
export-license-issuing catalogues.
2.
Samples of commodities shipped out of the country by non-foreign-trade
units for cultural, technical or other exchange activities with
each batch valued at RMB 5,000 Yuan or less are exempt from the
export licenses whether they are subjected to the export license
control or not. The Customs shall supervise, examine and release
them on the strength of the certificates issued by the competent
departments (at the department level or above ) which are in charge
of the units to transport the samples abroad. If each batch of the
samples is valued at more than RMB 5,000 Yuan, however, applications
for the export licenses should be made and the export licenses shall
give clear indication of the word "samples". Bureau of
MOFTEC is responsible for signing and issuing of export licenses
for the units directly under the central governments on the strength
of the certificates issued by the competent departments (at the
department level of above ) which are in charge of the units to
transport the samples abroad. The local foreign trade departments
are responsible for signing and issuing export licenses for their
local units on the strength the certificates issued by the competent
departments ( at the department level of above which are in charge
of the units to transport the samples abroad. But, each batch of
the samples for export should not be over the value of RMB 10,000
Yuan ).
3.
To transport abroad commodity samples of Chinese traditional medical
herbs and ready-prepared Chinese traditional medicines, it is necessary
to abide by the Customs' regulations on the limit of the value of
the samples.
Article
31 Tourist souvenirs and arts and crafts bought within China with
foreign exchanges brought in China by foreign tourists, compatriots
from Hong Kong and Macao and overseas Chinese which are to be taken
or mailed abroad are exempt from the export licenses. The Customs
shall examine and release them on the strength of the invoices of
the tourist commodity-selling units designated by the State administrative
ministerial departments in charge of tourism and the exchange memo.
To take or mail abroad Chinese traditional medical herbs and ready-prepared
Chinese traditional medical bought in China with or not with foreign
exchanges should be handled according to the Customs' rules on travellers'
taking or individuals' mailing abroad Chinese traditional medical
herbs and ready-prepared Chinese traditional medicines. No small-lot
order of the herbs and medicines from abroad is allowed.
Article
32 Domestic tourist-product-selling units approved by MOFTEC can
accept overseas orders of batches of commodities worth US$ 50,000
or less ( excluding those commodities subjected to the export license
control and passive export quota control ). The Customs shall examine
and release the commodities on the strength of the Customs declaration
forms filled up by the domestic tourist-product-selling units and
the contracts concerned.
Article
33 In accordance with the international trade conventions, 5% over
or less in amount of a batch of bulk goods for export is permitted,
so the license-issuing bodies need not to give any indication on
the export licenses and the Customs shall release the related amount.
If the amount exceeds 5%, the license-issuing bodies should add
the amount on the licenses and deduct the remaining export quotas.
7.
Inspection and Punishment
Article
34 To establish an inspection system on the condition of export
license issuance, MOFTEC shall inspect the conditions of export
license issuance once a year. The contents of the inspection include
checking up how the license-issuing bodies have implemented this
regulations with major attention on the wrong practices such as
overquota issuance of export licenses, no-quota issuance of export
licenses, and issuance of export licenses exceeding the authority,
bypassing the immediate leadership or violating the Regulations.
A system of combining the regular or irregular self inspection of
the license-issuing bodies and the spot checkup by MOFTEC will be
practised. The regular inspection is carried out in September every
year.
Article
35 All the license-issuing bodies should timely report to the leadership
statistics about the license issuance. Those which have already
been linked with the computer network should report their data through
the network directly while those having not been linked with the
computer network should report their data by submitting their discs.
Article
36 All the export-license-issuing bodies should sign and issue export
licenses according to this set of Regulations and must not make
overquota or no-quota issuance of export licenses, or issue export
licenses exceeding their authority, bypassing the immediate leadership
or violating this set of Regulations. For those license-issuing
bodies which violate this set of Regulations, MOFTEC shall punish
them by circulating a notice of criticism, issuing a warning or
depriving them of the right to issuing export licenses according
to the seriousness of the cases.
Article
37 While applying for export licenses, export enterprises should
report the related information and data accurately according to
this set of Regulations but not report false information, attempt
to gain export licenses by presenting false contracts or other means,
or transfer export licenses. Those violators shall be punished through
circulating a notice of criticism, or suspending or depriving them
of their right to handle export of commodities.
Article
38 When the Customs find in their supervision and control any violation
of the Regulations on export license control, they should severely
deal with the cases according to the Customs' rules concerned. Those
whose violation has become a crime should be turned over to judicial
organs for investigation into their criminal responsibilities.
8.
Others
Article
39 "Some Regulations on Export License Control and Application"
printed and issued by MOFTEC (Document No.53 of MOFTEC in 1994)
ceases to be effective.
Article
40 This set of Regulations goes into effect as of the day when it
is published. MOFTEC is responsible for explanation of the regulations.
Appendix
1:
The
list of the companies carrying out the double planning management
system
1.
China National Tobacco Import and Export Corporation
2.
china National Electronics Import and Export Corporation
3.
China National Auto Import and Export Corporation
4.
China Iron and Steel Manufacturing and Trading Group Corporation
5.
China Petrochemical International Company
6.
China National Nonferrous Metals Import and Export Corporation
Appendix
2:
The
Catalogue of the Commodities Banned for Export: Musk, Platinum,
Natural Bezoar, Copper and Copper Alloys.
Note:
The license code of copper and copper alloys is 74030000 and the
measuring unit is "kilogram". Besides, the contents of
trading forms on the surface of the licenses can only be filled
up with "imported materials for processing".
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