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Notice on the Application of Export License
(Promulgated by Ministry of Foreign Trade and Economic Cooperation
on September 6, 1996)
I. Documents and Materials Necessary for the Application of Export
License
1. All import and export enterprises, when applying for export license,
shall submit to the issuing departments the following general documents and materials:
(i) Application Form for Export License
The Form ( original ) shall be clearly and normatively filled in and
sealed by the applying units.
(ii) Export contract ( original copy ).
(iii) Official letter issued by the applying unit or the working
certificates of the applicant. The persons on commission shall submit the letter of
commission issued by the entrusting units.
(iv) Non-foreign trade units ( referring to those departments,
organizations, enterprises and institutions which have not been accredited with the
license of foreign trade ), when applying for export license, shall submit certificates
issued by the departments in charge at the level of departments or bureaus.
(v) The applying units, when applying for export license for the first
time, shall submit the documents ( original copy ) accrediting them with foreign trade
rights, issued by Ministry of Foreign Trade and Economic Cooperation ( MOFTEC ) or the
local foreign trade department authorized by MOFTEC.
(vi) Foreign-funded enterprises, when applying for export license for
the first time, shall submit their certificates of approval and business licenses issued
by competent government organizations, which will be kept on file for verification by the
issuing departments.
2. Application for export license of general trade requires for the
following additional documents:
(i) When applying for export license of commodities subject to quota
control, foreign trade enterprises under various ministries and commissions shall submit
the certificates of approving on export quotas issued by MOFTEC, and all local foreign
trade enterprises shall submit the certificates of approving on export quotas issued by
the local departments in charge of foreign trade and economic cooperation.
(ii) When applying for export license of chemicals used for both civil
and military purposes, approving documents issued by Ministry of Chemical Industry shall
be provided. When applying for those of chemicals from which toxic is easily made,
documents issued by MOFTEC shall be provided. When applying for those of heavy water,
documents issued by MOFTEC shall be provided. When applying for those of computers, the
Examining Form for Exporting Computer Technology issued by MOFTEC shall be provided.
(iii) When applying for export license of commodities subject to
bidding of quotas with compensation, the applying units shall submit Certificates Applying
for export License of Commodities Subject to Bidding of Quota with Compensation issued by
the Bidding Committee. When applying for commodities subject to free bidding, the
Certificates of Winning the Bid issued by the Bidding Committee shall be provided.
3. When applying for export license of commodities brought abroad by
contract engineering enterprises ( except those subject to bidding of quotas with
compensation shall be handled according to relevant regulations ), import and export
enterprises under various ministries and commissions shall submit the documents approving
the contract of engineering projects issued by MOFTEC and the contract concluded by the
exporting units, and various local import and export enterprises shall submit such
documents issued by local departments in charge of foreign trade and economic cooperation
and the contract concluded by the exporting units. The export contract shall specify the
specification and quantity of the commodities subject to license control.
4. When applying for export license of commodities processed from
imported materials and subject to export quotas, the foreign trade enterprise under
various ministries and commissions shall produce the documents approving the export quotas
and processing trade issued by MOFTEC; and the local foreign trade enterprises shall
produce those issued by local departments in charge of foreign trade and economic
cooperation.
When applying for export license of commodities processed from imported
materials and free from quota control, the foreign trade enterprise under various
ministries and commissions shall produce the approving documents issued by MOFTEC and the
Registering Handbook for Processing with Imported Materials issued by customs offices; and
the local foreign trade enterprises shall produce those issued by local departments in
charge of foreign trade and economic cooperation.
When applying for export license of steels, pig iron, zinc and edible
sugar processed with imported materials, all foreign trade enterprises shall submit the
approving documents and the Registering Handbook for Processing with Imported Materials
issued by MOFTEC.
5. With regard to non-trade commodities, the following documents and
materials should be provided:
(i) Delivering samples
When delivering samples valuing RMB 5,000-10,000 Yuan, non-foreign
trade units shall submit the official letter issued by the competent departments at the
level of departments or bureaus.
When delivering samples subject to license control and valuing over RMB
5,000 Yuan, the foreign trade enterprises shall apply for export license according to
regulations governing general trade.
(ii) Delivering exhibits
With regard to articles brought abroad for the purpose of holding
exhibitions and supposed to be sold in foreign countries by the non-foreign trade units,
they shall submit the documents approving the holding of exhibitions issued by MOFTEC.
With regard to license - controlled articles brought abroad for the
purpose of holding exhibitions and supposed to be sold in foreign countries by foreign
trade companies directly under various ministries and commissions authorized by MOFTEC,
they shall submit the documents approving the holding of exhibitions issued by MOFTEC.
II. Standard of Contents in the Application Form for Export License
The units applying for export license shall fill in the Application
Form for Export License according to the following standard:
1. Exporters
(i) When applying for license of commodities subject to quota control,
the full name of the foreign trade enterprise accredited with export quota allocation
shall be given.
(ii) When applying for license of general commodities, the full name of
the import and export enterprise accredited with the right of export shall be given.
(iii) When applying for license of commodities serving the purpose of
re-paying credit and compensation trade, the full name of the agent company accredited
with the right of export shall be given.
(iv) When exporting commodities upon permission, the full name of
non-foreign trade unit might be filled in this column.
(v) Code of the exporting enterprises shall be filled in according to
the codes compiled by the issuing organizations authorized by MOFTEC ( the same below ).
2. Consignors
(i) With regard to commodities subject to quota bidding (both
compensated and free bidding), the name of the consignor shall be identical with that of
the exporter.
(ii) In principle, the names of the consignors for all other
commodities subject to quota control shall be identical with that of the exporters, except
that the consignors are subordinate to the exporters.
(iii) With regard to the export for the purposes of repaying credit,
compensation trade and export entrusted by foreign-funded enterprises, the name of the
consignor may not be identical to that of the exporter.
3. Export License Number
It shall be made by the issuing organizations.
4. Validity of Export License
(i) With regard to commodities regulated in a case-by-case manner, the
validity of export license shall be no longer than 3 months from the date of its issuance.
That for fresh, live and frozen commodities to be exported to Hong Kong and Macao
(excluding entrepot trade) shall be no longer than 1 month.
(ii) With regard to commodities without such case-by-case regulation,
export by foreign-funded enterprises and export under the title of compensation trade, the
validity of export license shall be no longer than 6 months.
(iii) In case the validity of export license shall stride over one
calendar year, it could not be extended beyond February of the next year.
5. Mode of Trade
(i) The contents of this column include the following: general trade,
barter trade, compensation trade, processing with imported materials, processing with
supplied materials, export by foreign-funded enterprises, border trade, export for
processing abroad, entrepot trade, forward trade, contract engineering, export to repay
credit, international exhibitions and marketing, trade under treaty and other trade.
(ii) Re-export with imported materials, this column shall be filled in
as processing with imported materials.
(iii) In case of re-export by foreign-funded enterprises, the column of
Mode of Trade shall be filled in as export by foreign-funded enterprises.
(iv) In case that non-foreign trade units deliver their samples and
exhibits for sale valuing over RMB 5,000 Yuan, this column shall be filled in as
international exhibition.
(v) In case that various import and export enterprises deliver their
exhibits for sale, this column shall be filled as international exhibition; the delivered
samples shall be filled in as general trade.
6. Number of Contract
(i) Number of contract shall be the code number which is used for
export license application, customs declaration and foreign exchange settlement.
(ii) Contract number may not be filled in as for the export of crude
oil, petroleum products and non-trade export.
(iii) When delivering exhibits, this column shall be filled in with the
number of documents issued by MOFTEC.
7. Port of Customs Declaration
Port of customs declaration refers to the port of delivery. Three ports
might be filled in this column, but only one port shall be chosen to make customs
declaration.
8. Importing Countries (Regions)
Importing countries (regions) refer to the destination of cargoes or
destination of contracts. No area name, such as Europe, shall be used.
9. Mode of Payment
This column may be filled in with such descriptions as L/C, collection,
remittance, cashier's check, cash, settlement on accounts, and free, etc..
10. Mode of Transportation
This column may be filled in with ocean transportation, rail
transportation, road transportation, air transportation, postal transportation and fixed
transportation.
11. Description and Code of Commodities
This column shall be filled in according to the standard description
and commodity code stipulated in the catalog of commodities subject to export license
administration.
12. Specifications and Grades
(i) The column of specifications and grades is for the sake of making
detailed explanation about the specifications, varieties and grades of commodities, such
as the specifications of cement and steels and the grades of rabbit hair. If there are
over 4 specifications, varieties or grades of commodities under one code number, another
application form shall be filled in. The export of goods by way of labor service shall be
filled in accordingly.
(ii) The specifications, varieties and grades of commodities actually
delivered shall be identical with the descriptions in this column.
13. Unit
Unit refers to measurement unit. The measurement unit for exports of
non-trade commodities shall be filled in as "lot" and the specific measurement
unit shall be stated in the column of remarks.
14. Quantity, Unit price and Total Value
(i) Quantity refers to the quantity of commodities allowed to be
exported. It could be stated to 1 decimal place and the other places shall be rounded. The
column for measurement unit stated as "lot" shall be filled in as 1.
(ii) Unit price refers to the unit price consistent with the
measurement unit. The column for measurement unit stated as "lot" shall be
filled in as the total value.
15. Remarks
This column shall be filled in to state the accounts which have not
been covered by the above-mentioned columns.
III. In Case of Modification, Extension and Loss of Export License
1. If it is necessary for any foreign trade enterprise to modify or
extend the export license, the following procedures shall be gone through.
(i) In principle, the contents of export license shall not be modified
after its issuance by any issuing organizations. If it deems necessary to change the
content of one column, the exporting units shall fill in the application from for export
license and submit it to the original issuing organization for new export license.
(ii) During the validity of an export license, if it has not been used
or fully used, the export units can apply for an extension of the license and return the
old license to the original issuing organization. The original issuing organization shall
issue new license after taking back the original license. The validity of export license
shall not be extended beyond February of the next year.
2. In case of a loss of export license, the applying units shall report
the loss in due time to the issuing organization and the customs office of the port of
customs declaration. When applying new license, they shall submit to the issuing
organization the report of loss and the certificate which states that they had not used
the former license for customs declaration, so that the issuing organizations may issue
new license for them.
IV. Legal Responsibilities of the Applying Units
The applying units are not allowed to forge, alter or trade export
license. If the applying units fail to observe this provision, they shall be dealt with
according to the Foreign Trade Law of the People's Republic of China and the customs laws
and regulations for cri
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