Measures on Record Registration of Foreign Trade Dealers, adopted at Ninth Ministerial Conference of Ministry of Commerce on June 19, 2004, are now published and come into effect as of July 1, 2004.

Minister: Bo Xilai
June 25, 2004

Article 1 For the purpose of promoting the development of foreign trade, the said Measures are formulated in accordance with related provisions of Article 9 of Foreign Trade Law of the People's Republic of China (hereinafter refers to as "Foreign Trade Law").

Article 2 Foreign trade dealers engaged in import and export of commodities or techniques should register for the record in Ministry of Commerce of People's Republic of China (hereinafter referred to as "Ministry of Commerce") or organs entrusted by Ministry of Commerce, with the exception of those who are allowed not to register for the record by laws, administrative rules and Ministry of Commerce.

If any foreign trade dealers do not register in accordance with the said Measures, the customs will not handle for them the formalities of customs declaration and approval.

Article 3 Ministry of Commerce is a nationwide administration responsible for record registration of foreign trade dealers.

Article 4 Nationwide network and possession management are put into practice in record registration of foreign trade dealers.

Ministry of Commerce entrusts qualified local administrations responsible for foreign trade (hereinafter referred to as "record registration organs") with record registration of local foreign trade dealers. The entrusted record registration organs should not entrust other organs with record registration on one's own.

Record registration organs must have fixed offices, full-time personals of management, record, technique support, maintenance and related equipment connecting network system of record registration of foreign trade dealers of Ministry of Commerce (hereinafter referred to as "record registration network").

Ministry of Commerce may issue trust deeds, distribute record registration seals manufactured under the supervision of Ministry of Commerce to the record registration organs meeting above requirements, and make it published. Record registration organs handle record registration by the trust deed and record registration seal through record registration network of Ministry of Commerce. Ministry of Commerce may withdraw its entrusts to the record registration organs who have anything changed, do not meet above requirements and do not handle record registration in accordance with the provisions of Article 6 and 7 of the said measures.

Article 5 the procedure of record registration of foreign trade dealers
Foreign trade dealers register for the record in local record registration organs.

The procedure of record registration of foreign trade dealers as follows:
(1) Get Record Registration Form of Foreign Trade Dealers (hereinafter referred to as "Registration Form"). Foreign trade dealers may download Registration Form from the network of Ministry of Commerce (http://www.mofcom.gov.cn), or get it from local record registration organs (The pattern is attached at the end of these Measures).
(2) Fill in Registration Form. Foreign trade dealers should fill in the Registration Form carefully with all information and assure the contents are complete, correct and true. They should also read carefully the provisions on the back of Registration Form. The Registration Form should be signed and sealed by legal representatives of the enterprises or the persons in charge of individual industry and commerce.
(3) Submit following record registration materials to record registration organs:
a. The Registration Form filled in under Section 2 of this Article;
b. Copy of business license;
c. Copy of organization code certificate;
d. Foreign trader dealers who are foreign-invested enterprises should also submit the copy of approval certificate of foreign-invested enterprises;
e. Individual dealers of industry and commerce who go through registration of industry and commerce in accordance with laws should submit notarial certificate of property issued by legal notary organs. The enterprises of foreign countries (regions) that have registered as dealers of industry and commerce (dealers of exclusive ownership and management) in accordance with laws should submit certificate of fund credit issued by legal notary organs.

Article 6 Record registration organs should handle record registration with 5 days after receipt of above materials submitted by foreign trade dealers and affix the seal of record registration.

Article 7 Record registration organs should record and keep completely and correctly the information and materials of record registration of foreign trade dealers in the meantime of completing a record registration, and establish a file of record registration in accordance with laws.

Article 8 Foreign trade dealers should go through related formalities of foreign trade business by Registration Form which a seal of record registration is affixed within 30 days in local customs,administrations of inspection and quarantine, foreign currency and tax. If anyone does not handle the formalities within the time limited, his(her) Registration Form will lose efficacy automatically.

Article 9 If any items in Registration Form are made any changes, foreign trade dealers should register the changes in the Registration Form within 30 days according to the provisions of Article 5 and 8 of the said measures. If any one does not register the changes in the time limit, his (her)
Registration Form will lose efficacy automatically.

Record Registration organs should handle the formalities of changes immediately at the receipt of written materials submitted by foreign trade dealers.

Article 10 If any foreign trade dealers have nullified their business licenses or their business licenses have been revoked, Registration Form will lose efficacy automatically as of the day of nullification or revocation of business licenses.

Record registration organs should revoke the Registration Forms of the foreign trader leaders whom Ministry of Commerce has forbidden to be engaged in import-export activities of commodities or techniques in limit of more than one year to less than three years according to related provisions of Foreign Trade Law. These foreign trade dealers may register for the record again in accordance with the said measures after the expiration of punishment.

Article 11 Record registration organs should inform related information to the customs, administrations of inspection and quarantine, foreign exchange and tax etc.

Article 12 Foreign trade dealers are not allowed to fabricate, forge, tamper, rent out, lend, transfer and sell Registration Forms.

Article 13 Record registration organs are not allowed to collect expenses in disguise while handling the formalities of record registration and record changes.

Article 14 The foreign trader dealers, who have obtained the qualification for import-export of commodities and techniques, and are engaged in the business of import-export within approved scope, need not register for the record. If any foreign trade dealers who are engaged in import-export business beyond approved scope, they should register for the record in accordance with the said measures.

Article 15 The interpretation of these Measures shall be vested in the Ministry of Commerce.

Article 16 These Measures will be implemented as of July 1, 2004. Any provisions that are not in line with the said Measures are nullified as of the day of issuing the said Measures.

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