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Notice on the Application of Import License
(Promulgated by Ministry of Foreign Trade and Economic Cooperation
on September 16,1996)
I. Documents and Materials Necessary for the Application of Import
License
1. All import and export enterprises, when applying for import license,
shall submit to the issuing departments the following general documents and materials:
(i) Application Form for Import License. The Application Form (
original ) shall be clearly and normatively filled in and sealed by the applying units.
The contents filled in shall be standardized.
(ii) 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.
(iii) Non-foreign trade units (referring to departments, organizations,
enterprises and institutions which have not been accredited the license of foreign trade
), when applying for import license, shall submit certificates issued by the departments
in charge at the level of departments or bureaus.
(iv) The applying units, when applying for import 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 departments authorized by MOFTEC.
(v) Foreign-funded enterprises, when applying for import 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.
2. Application for import license under general trade requires for the
following additional documents:
(i) Import commodities subject to quota control: When applying for
import license of machinery and electronic products, the applying units shall submit the
Import Quota Certificate issued by the State Office for Import and Export of Machinery and
Electronic Products ( hereinafter referred to as "the State MEP Office" ). When
applying for that of general commodities, the applying units shall submit the Import Quota
Certificate for General Commodities issued by quota administrating organizations
authorized by the State Planning Commission.
(ii) As for the license of Import Commodities free from quota control:
cereals, vegetable oil, pesticides, liquor and color sensitive materials, the applying
units shall submit the Registration Certificate for Import of Special Commodities issued
by the registration organizations authorized by the State Planning Commission. When
applying for license of carbonic acid drinks, the applying units shall submit Import
Certificate issued by the State Economic and Trade Commission. As for that of Chemical
used for both civil and military purpose, approving documents issued by Ministry of
Chemical Industry shall be provided. When applying for that of chemicals easily
manufactured into toxic substance, approving documents issued by MOFTEC shall be provided.
3. Foreign-funded enterprises, when applying for import license, shall
submit the following additional documents and materials:
(i) With regard to general commodities under quota administration
imported by foreign-funded enterprises as investment and for their own use, the list of
imported equipment, articles and materials approved by the local departments in charge of
foreign trade and economic cooperation shall be provided. With regard to the Special
Regis rated Commodities subject to license control, the list of imported equipment,
articles and materials approved by the local departments in charge of foreign trade and
economic cooperation shall be provided.
(ii) With regard to the general commodities subject to quota control
and imported by foreign-Funded enterprises for manufacturing products to be sold in
domestic markets, Import Quota Certificate of Foreign-Funded Enterprises issued by the
local departments in charge of foreign trade and economic cooperation shall be provided.
With regard to the special registries commodities imported for manufacturing commodities
for domestic sales, Import Quota Registration Certificate for Special Commodities Imported
by Foreign-Funded Enterprises issued by the local departments in charge of foreign trade
and economic cooperation shall be provided.
(iii) With regard to petroleum products imported by foreign-funded
enterprises in the nature of investments, for their own use and for manufacturing products
for domestic sales, Import Quota Certificate of General Commodities issued by import quota
issuing departments authorized by the state planning Commission shall be provided.
(iv) With regard to the machinery and electronic products subject to
quota control and imported by foreign-funded enterprises to manufacture products for
domestic sales, Import Quota Certificate issued by the State MEP Office shall be provided.
4. With regard to applying for import license for commodities donated
by overseas Chinese, compatriots from Taiwan, Hong Kong and Macao, the following documents
and materials shall also be provided:
(i) As for the import of general commodities subject to quota control,
Import Quota Certificate of General Commodities issued by administrative departments of
import quotas authorized by the State planning Commission shall be provided. As for the
import of cereals, vegetable oil, pesticides, liquor and color sensitive materials, the
applying units shall submit the Registration Certificate for Import of Special Commodities
issued by the import registration organizations authorized by the State Planning
Commission.
(ii) As for the import of machinery and electronic products subject to
quantity limitation stipulated by the State Council, the approving documents issued by
Municipal and Provincial Overseas Chinese Affairs Office shall be provided. For those
without quantity limitation stipulated by the State Council and subject to import license
control, Import Quota Certificate issued by the State MEP Office shall be provided.
5. With regard to the application for import license under other modes
of trade, the following documents and materials shall be provided:
(i) The term of "other modes of trade" include compensation
trade, border trade of small amount, utilization of credit provided by foreign governments
and international financing organizations, inter-government free aid and free aid by
international organizations, donations for foreign economic and trade exchanges,
commodities taken back by institutions stationed in foreign countries and products taken
back by contract engineering and labor service personnel, import of machinery and
electronic products under processing with supplied materials and imported materials or in
case of domestic sales for some reasons, etc..
(ii) With regard to the import of machinery and electronic products
subject to quota control, Import Quota Certificate issued by the State MEP Office shall be
provided.
(iii) As for the import of general commodities subject to quota
control, Import Quota Certificate of General Commodities issued by administrative
departments of import quotas authorized by the State Planning Commission shall be
provided. As for the import of cereals, vegetable oil, pesticides, liquor and color
sensitive materials, the applying units shall submit the Registration Certificate for
Import of Special Commodities issued by the import registration organizations authorized
by the State Planning Commission.
6. When applying for license under lease trade, the following documents
and materials shall be provided:
With regard to machinery and electronic products subject to quota
control, Import Quota Certificate issued by the State MEP Office shall be provided. And
for those free from quota control, the approving documents issued by sectional
administrative departments and the lease contract concluded with domestic units or foreign
partners shall be provided.
II. Standard of Filling in the Application Form for Export License
The units applying for import license shall fill in the Application
Form for Import License according to the following standard.
1. Importers
This column shall be filled in with the names and codes of import and
export enterprises approved or verified by MOFTEC. Foreign-funded enterprises shall also
fill in their own names and codes. Non-foreign trade units shall fill in with "self
purchase" and their codes shall be "00000002". In case of receiving foreign
donations, this column shall be filled in with "donation" and the code column
shall be filled in with "00000001".
2. Consignee
This column shall be filled with the name of the units with quota
allocation and it shall be identical with the name appeared in the quota certificate.
3. Import License Number
It shall be filled in by the issuing organizations.
4. Validity of Import License
In principle, the validity of an import license shall be one year,
except those specified otherwise.
5. Mode of Trade
The contents of this column include the following: general trade,
barter trade, compensation trade, trade under treaty, processing with imported materials,
processing with supplied materials, import by foreign-funded enterprises, international
leasing, import under international credit, international aid, international bidding,
international exhibition, international auction, donation, presentation, border trade and
license trade, etc..
6. Sources of foreign exchange
The contents of this column include: purchasing foreign exchange from
banks, foreign investment, foreign credit, donation, compensation claims, free aid and
labor service, etc.. As for import by foreign-funded enterprises and leasing, it shall be
filled in as "foreign investment". As for the import of equipment taken back by
foreign contract engineering and labor service as well as those brought back by
institutions stationed in foreign countries which are subject to import quota control,
this column shall be filled in wit h"labor service".
7. Port of Customs Declaration
Port of customs declaration refers to the port of arrival.
8. Exporting Countries ( Regions )
Exporting countries ( regions ) refer to the country from which the
commodities were imported.
9. Country of Origin
This column shall be filled in with the names of the countries (
regions ) where the imported commodities undertake substantial processing.
10. Use of the Imported Commodities
This column shall be filled in with self-use, use for manufacturing,
domestic sales, for maintenance and samples, etc..
11. Name and Code of Commodity
This column shall be filled in according to the standard description
and commodity code stipulated in the catalog of commodities subject to import license
announced by MOFTEC.
12. Specifications and Models
If there are over 4 specifications, varieties or grades of commodities
under one code number, another application form shall be filled in.
13. Unit
Unit refers to measurement unit. The measurement unit for any kind of
commodities shall be formulated by MOFTEC and shall not be changed at will. In case that
the measurements units in the import contract do not conform to that of the formulated
ones, they shall be converted into the uniform units. As for imports of non-limited
commodities, this column shall be filled as "set".
14. Quantity
This column shall be filled in with the measurement units formulated by
MOFTEC. It could be stated to 1 place of decimals.
15. Unit Price (Value of Currency)
It shall be filled in with the transaction price or estimated price
which is identical to the measurement units.
III. In Case of Modification, Extension and Loss of Export License
1. If it is necessary for any foreign trade enterprise to revise or
extend the export license which has been issued to them, the following procedures shall be
gone through.
(i) If it deems necessary for the applying units to modify the import
license, relevant procedures shall be undertaken during the validity of the license. The
applying units shall clearly fill in the Application Form for Modifying Import License and
submit it with the first and second pages of the original import license to be modified to
the original issuing organization.
(ii) It is necessary to apply new import license to change such
contents as importers, consignees, description and specification of commodities and
quantity, etc..
(iii) In principle, if it is necessary to extend the validity of an
import license, the application shall be made during the validity of the license. After
being ascertain that the import contract has been signed, the issuing organizations may
extend the validity with another six months and it could not be further extended. In case
that the import contract has not been signed, the validity of license shall not be
extended.
2. In case of a loss of import license, the applying units shall report
the loss in due time to the issuing organization and the port for customs declaration.
After the issuing organizations ascertain the facts of such loss, they may take actions
accordingly.
IV. Legal Responsibilities of the Applying Units
The applying units are not allowed to forge, alter or trade import
license. If the applying units fail to observe this provision, it shall be dealt with
according to the Foreign Trade Law of the People's Republic of China and the customs laws
and regulations for criminal
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