Chapter 1 General Provisions
Article 1 In order to regulate the administration of import licenses, to
safeguard the order of goods importation, to create a fair trade environment, to
perform the international conventions and treaties promised by China and to
promote the healthy development of foreign trade, these Measures have been
formulated according to the Law of the People¡¯s Republic of China on Foreign
Trade and the Regulations of the People¡¯s Republic of China on the
Administration of Import and Export of Goods.
Article 2 The State shall apply the uniform system of licenses for the import
of goods. The State shall apply the import license administration to the export
goods under quantity restriction and other restrictions.
Article 3 The Ministry of Foreign Trade and Economic Cooperation (hereinafter
referred to as the MOFTEC) shall be the department of centralized administration
of import license of the whole country, and shall be responsible for formulating
the rules and regulations on the administration of import license, promulgating
the catalog of the commodities subject to the administration of import license
and the list of graded license issuance, designing and printing the relevant
import licenses and seals, supervising and inspecting the enforcement of the
measures for the administration of import license and punishing the
rule-breaking acts.
Article 4 The MOFTEC shall authorize the Bureau of Quota License (hereinafter
referred to as the License Bureau) to be in uniform charge of and to direct the
issuance of import licenses and other relevant works of the license issuing
agencies of the whole country, and the License Bureau shall be responsible to
the MOFTEC.
Article 5 The License Bureau and the local accredited
representatives' offices under the MOFTEC entrusted by the License Bureau, and
the committees (departments, bureaus) of foreign trade and economic cooperation
of the provinces, autonomous regions, municipalities directly under the Central
Government and cities under State Planning shall be the import license issuing
agencies (hereinafter referred to as the license issuing agencies), and shall,
under the uniform administration of the License Bureau, be responsible for the
license issuance within their respective authorized scope.
Article 6 The import license is the legal basis by which the State
administrates the import of goods. For all the goods subject to the
administration of import licenses, various kinds of import and export
enterprises shall apply to the designated license issuing agencies for the
import licenses before import the goods, and the customs shall accept the
declaration and release the goods if in order after examination on the basis of
the export licenses.
Article 7 The term "import license" as used in these Measures shall refer to
the import quota licenses and other import licenses as provided for by the
Regulations of the People¡¯s Republic of China on the Administration of Import
and Export of Goods, and shall be applicable to the import of the goods listed
in the Catalog of Commodities Subject to the Administration of Import License.
Article 8 No one may trade, transfer, forge or alter the export licenses.
Chapter 2 Issuance of Import Licenses
Article 9 All the license issuing agencies shall, strictly according to the
provisions of the annual Catalog of Commodities Subject to the Administration of
Import License and the Catalog of Graded Issuance for Commodities Subject to the
Administration of Import License promulgated by the MOFTEC, issue the import
licenses for the relevant commodities, and may not issue the licenses against
the rules. Where the various kinds of import and export enterprises of the whole
country import the commodities listed in the Catalog of Commodities Subject to
the Administration of Import License, they shall apply to the license issuing
agencies as designated in the Catalog of Graded Issuance for Commodities Subject
to the Administration of Import License for the import licenses.
Article 10 The license issuing agencies may not issue the import licenses
without quota, exceeding the quotas, beyond their authorities or beyond the
license issuance scope.
Article 11 The administration of import license shall apply the
administration of "one license for one customs office". In general situations
the import licenses shall apply "one license for one approval", where "non-one
approval for one-license" is to be applied, the words "non-one approval for
one-license" shall be printed in the notes of the import licenses. "One license
for one customs office" shall refer to that the import license may only be
declared at one customs office; "one license for one approval" shall refer to
that the import license may be used in customs declaration only once in the
valid term; "non-one license for one -approval" shall refer to that the import
license may be used for many times in customs declaration in the valid term, but
not more than 12 times at the most, and the customs shall indorse in the
"endorsement of customs examination and release" on the back of license to
verify and reduce the import quantities batch by batch.
Article 12 For the application meeting the requirements, the license issuing
agencies shall issue the import license within 3 workdays from the day on which
the application is received. And it may not exceed 10 workdays at the most under
special circumstances.
Chapter 3 Documents to be Submitted for Application for Import License
Article 13 Import license application form When applying for the import
licenses, the various kinds of import enterprises shall fill in the import
license application form carefully and truthfully, and shall affix the seal of
the applying enterprise.
Article 14 Documents of approval of the departments of import administration
The various kinds of import enterprises shall submit the documents of approval
and the relevant materials as provided for in Chapter 4 of these Measures, Basis
for Import License Issuance, to the license issuing agencies according to the
status of the import goods.
Article 15 Certification of the qualifications for import management of the
import enterprises The said certification shall refer to the Certificate of
Qualification for Import and Export Enterprise of the People's Republic of China
(enterprises with foreign investment shall provide the Certificate of Approval
for Enterprise with Foreign Investment). With respect to the import commodities
to which the State applies state trade and designated management, the documents
of ratification of the MOFTEC for management qualification shall be provided
according to the requirements of the provisions on state trading and designated
management.
Chapter 4 Basis for Import License Issuance
Article 16 The license issuing agencies shall issue the import licenses
according to the following provisions within the scope of the Catalog of
Commodities Subject to the Administration of Import License and the Catalog of
Graded Issuance for Commodities Subject to the Administration of Import License
formulated by the MOFTEC:
1) For the import of mechanical and electrical
products subject to quota administration, the license issuing agencies shall
issue the import quota licenses on the basis of the Import Quota Certification
of Mechanical and Electrical Products issued by the MOFTEC.
2) For natural rubber subject to quota administration, the license issuing
agencies shall issue the import quota licenses on the basis of the documents of
approval for quotas of the State Economic and Trade Commission and the MOFTEC.
3) For product oil and motor tires subject to quota administration, the
license issuing agencies shall issue the import quota licenses on the basis of
the documents of approval for quotas of the State Economic and Trade Commission
and the MOFTEC.
4) For controlled chemicals, the license issuing agencies shall issue the
import licenses on the basis of the Import Ratification Form of Controlled
Chemicals approved by the Office of the State Leading Group of the Performance
of the Convention on Prohibition of Chemical Weapons and the import contracts
(original and copy).
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