5) For chemicals easily to generate poison, the license issuing agencies
shall issue the import licenses on the basis of the Reply on Export of Chemicals
Easily to Generate Poison of the MOFTEC and the import contracts (original and
copy).
6) For CD (compact disc) production equipments, the license issuing agencies
shall issue the import licenses on the basis of the documents of approval of the
State Administration of News and Publication and the import certifications of
mechanical and electrical products of the MOFTEC.
7) For ozonosphere-exhausting materials, the license issuing agencies shall
issue the import licenses on the basis of Examination and Approval Form of the
Import of Ozonosphere-exhausting Materials under Control approved by the State
Office of the Administration of Import and Export of Ozonosphere-exhausting
Materials.
Article 17 For the import of the commodities subject to license
administration in processing trade, the import licenses shall be exempted with
the exception of product oil, controlled chemicals, chemicals easily to generate
poison and CD production equipments.For the import of controlled chemicals,
chemicals easily to generate poison and equipments of CD production, the license
issuing agencies shall handle according to the provisions of Items 4), 5), and
6) of Article 16.
Article 18 For the import of mechanical and electrical products subject to
quota administration for investment and self use and the import of
non-mechanical and- electrical products for production and domestic sale of
enterprises with investment, the license issuing agencies shall issue the import
licenses on the basis of the Import Quota Certification of Enterprise with
Foreign Investment issued by the MOFTEC or the administrative authorities of the
provinces, autonomous regions, municipalities directly under the Central
Government and municipality separately listed on the State plan. For the import
of non-mechanical and electrical-products subject to import license
administration for investment and self use of enterprises with foreign
investment, the license issuing agencies shall issue the import licenses on the
basis of the Import Registration Certification of Specific Commodities of
Enterprises with Foreign Investment issued by the MOFTEC or the administrative
authorities of the provinces, autonomous regions, municipalities directly under
the Central Government and municipality separately listed on the State plan. For
the import of CD production equipments of enterprises with foreign investment,
the license issuing agencies shall issue the licenses on the basis of the
License for Copying and Management of Audio and Video Products of the State
Administration of News and Publication, the certificate of approval of the
MOFTEC, the import contract (original and copy) and the list of import
equipments.
Article 19 When applying for import licenses, the import enterprises shall
file the applications truthfully according to the provisions of these Measures,
and may not practice frauds and are strictly prohibited from deceitfully
obtaining the import licenses by the means of false documents or false
contracts, etc.
Chapter 5 Valid Term of Import License
Article 20 The valid term of import license shall be 1 year.The import
license shall be issued within the valid term as prescribed in the documents of
approval of the departments of import administration.The import license shall be
valid in the current year. Where it is needed to continue to use the license in
the next year under special circumstances, the valid term shall not go beyond
March 31 of the next year.The import license shall be used within the valid
term, and shall become invalid automatically upon the expiration of the term and
the customs shall not grant release.
Article 21 Extension of import license
1) Where the import license hasn¡¯t been used within the valid term due to
proper reasons, the import enterprise shall file an application for extension
with the original license issuing agency within the valid term of the import
license. The license issuing agency shall withdraw the original license and
reissue the import license after writing off the original license in the
computer management system of import and export licenses, and shall indicate in
the notes the extended use and the number of the original license.
2) Where the import license hasn't been used up within the valid term, the
import enterprise shall file an application for extension of the unused part
with the original license issuing agency, and the license issuing agency shall
withdraw the original license and reissue the import license after writing off
the original license in the license issuance system and deducting the used
quantities, and shall indicate in the notes the extended use and the number of
the original license.
3) The import license may be extended for only once, and the extension may
not be more than 3 months at the most.
4) If no application for extension is filed within the valid term of import
license, the import license shall become invalid automatically, and the license
issuing agency shall not accept and handle the license extension any longer, and
the holder of that import license shall be regarded as to give up voluntarily.
Article 22 Alteration of import license
1) Once the import license is issued, no unit or individual may alter the
contents on the license without authorization. Where alteration is needed, the
import enterprise shall file an application for alteration within the valid term
of the license, and return the license to the original license issuing agency,
which shall reissue the license.
2) If the altered contents of the license involve the key columns on the
license, the applying unit shall provide the documents of approval for the
alteration of the original approving organ.
Article 23 Handling of the lose of import license If the import license drawn
is lost, the unit drawing the license shall report the case to the department of
public security immediately, and shall publish the announcement of invalidation
on the national comprehensive or economic newspapers. The license issuing agency
may, after verification that the case is true, cancel the original import
license and issue the new license on the basis of the lose report, the
newspapers on which the announcement of invalidation is published and other
materials.
Article 24 Inquiry of import license Where the units such as the customs,
administrations for industry and commerce, public security departments,
discipline examination departments and courts etc. need to inquire or
investigate the import licenses with the license issuing agencies, they shall
show the relevant certificates before the licensing agencies may accept the
inquiry.
Article 25 Where the license issuing agency for the commodity subject to the
administration of import license is adjusted, the original license issuing
agency may not issue the import license for that commodity any longer from the
day of adjustment, and shall report to the adjusted license issuing agency the
license application and drawing before the adjustment. The license applied and
drawn by the import enterprise before the adjustment shall remain valid within
the valid term. The import license which is unused or not used up within the
valid term shall go through the procedures for extension at the adjusted license
issuing agency according to the provisions.
Chapter 6 Inspection and Penalty
Article 26 The MOFTEC authorizes the License Bureau to make regular
inspections over the license issuing agencies. The contents of inspection shall
be the enforcement of these Measures by the license issuing agencies, and
emphasis shall be put on whether there are problems of rule-breaking license
issuance exceeding the quotas, without quota and beyond the authorities and
levels, and whether there are other rule-breaking acts. The forms of inspection
may be the combination of the regular or irregular inspection by the license
issuing agencies and the selective inspection by the License Bureau. The License
Bureau shall report the inspections to the MOFTEC.
Article 27 The license issuing agencies shall, according to the provisions of
the MOFTEC on the network verification and inspection of licenses, report the
data of license issuance to the higher authorities, thus to ensure the
successful customs declarations by the enterprises and the verification and
inspection by the customs. And the license issuing agencies shall carefully
verify the data of verification and inspection fed back by the customs, inspect
the use of the licenses and find out the existing problems without delay.
Article 28 The issued import licenses which exceed the quotas, without quota
or beyond the authorities or levels shall be invalid. For the license issuing
agencies that violate the provisions, the MOFTEC shall give the punishments such
as warning, suspension or cancellation of license regarding the seriousness of
the circumstances.
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