Monday, December 17, 2007

Chinese Mandarin - Measures for the Administration of Licenses for the Import of Goods

BIZCHINA / Foreign Trade

Measures for the Administration of Licenses for the Import of Goods

Updated: 2006-04-17 13:55

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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