(The Regulations on Foreign-Invested
Sourcing Centers for Export endorsed at the 5th Routine Meeting of the Ministry
of Commerce of the People's Republic of China on September 29, 2003 is hereby
promulgated, which comes into effect 30 days after the date of
promulgation.)
Article 1 The Regulations is formulated in accordance with the laws and
regulations of the People¡¯s Republic of China on foreign investment and foreign
trade administration with a view to furthering the development of foreign trade,
opening up wider and attracting more foreign investment. Foreign investors shall
abide by the Regulations when they invest in the establishment of such centers.
Article 2 Foreign-invested sourcing centers for export in the Regulations
refer to foreign-invested companies either in the form of sole proprietorship or
Chinese-foreign joint ventures engaging in sourcing for export. Sourcing centers
shall be limited liability companies.
Article 3 Foreign investors applying for establishing sourcing centers for
export shall possess cross-border marking channels and other capability to
source for export.
Chinese investors in joint venture sourcing centers for export shall enjoy
sound creditability and financial strength needed for running the centers.
Article 4 The registered capital of foreign-invested sourcing centers for
export shall be no less than 30 million RMB yuan. The capital contribution of
Chinese and foreign investors shall be consistent with relevant existing
regulations.
Article 5 Foreign investors may set up sourcing centers by the investment of
its holding companies in China.
Article 6 The following documents shall be submitted to the Ministry of
Commerce for approval after preliminary review and approval by the competent
authority of the provinces, autonomous regions, municipalities directly under
the central government and cities with separate budgetary plans where the
sourcing centers are to be set up.
A. Application letter
B. Registration document of investors(duplicate),
Certification of the Legal Representative( duplicate) and creditability
certification papers;
C. Feasibility study report, articles of association
(for joint venture sourcing center, Joint Venture Contract is also required)£»
D Name list of members of the Board of Directors and their resume.£»
E.
Preliminary Approval Notification of Company Names issued by the industrial and
commercial administrative authority.
Upon receiving all application
documents, the Ministry of Commerce shall make its written reply within 30
working days.
Article 7 Foreign-invested sourcing centers for export are entitled to engage
in the following businesses:
1. Sourcing of domestic products for export,
export-related warehousing, information consulting and technical services.
2. Importing raw materials and accessories, entrusting other companies to
process them and exporting the finished products.
3. Importing samples of
products to be purchased for export. The quantity and price of the samples shall
be in line with the related regulations of the Customs on sample import.
Article 8 In the event that the target products are subject to state quota
and license control, the quota and license shall be obtained in accordance with
relevant provisions of the state. For export products subject to state quota
public bidding, sourcing centers shall take part in the tendering process in the
light of relevant state regulations.
Article 9 The opening of foreign exchange accounts and foreign exchange
income and expenditure by foreign-invested sourcing centers shall be effected
according to the existing foreign exchange control regulations.
Article 10 Foreign-invested sourcing centers founded outside bonded areas
claim tax rebate in line with the relevant regulations for export of domestic
products by foreign-invested holding companies. Those founded within bonded
areas may claim tax rebate in line with existing relevant regulations on tax
rebate for exports of companies in bonded areas.
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