(Promulgated by the Ministry of ForeignEconomic
Relations and Trade on January 24, 1987)
SUBJECT: IMPORT & EXPORT LICENSING & ADMINISTRATION
ISSUING-DEPT: MINISTRY OF FOREIGN ECONOMIC RELATIONS & TRADE
ISSUE-DATE: 01/24/1987
IMPLEMENT-DATE: 01/24/1987
LENGTH: 875 words
TEXT:
[Article 1 ] These Measures are specially formulated pursuant to the "Regulations of the People's Republic of China for the Implementation of the Law on the Joint Ventures Using Chinese and Foreign Investment" and the "Provisions of the State Council for the Encouragement of Foreign Investment" in order to simplify the handling of procedures for import and export licenses and facilitate the business development of enterprises with Foreign Investment.
[Article 2 ] With respect to equipment and supplies imported as investment by Foreign Investors in an Enterprise with Foreign Investment, Import licenses shall be obtained for commodities that come under control through the implementation of import licensing on the strength of the approved list of imported equipment and supplies of such enterprise, commodities that do not come under control through the implementation of import licensing shall be examined and released by Customs on the strength of the original approved list of imported equipment and supplies of such enterprise.
[Article 3 ] Import licenses will not have to be obtained for the import of machinery and equipment, vehicles used in production (meaning trucks used for transportation, special vehicles and passengercargo vans), raw materials, fuel, bulk parts, spare parts, components and parts of a apparatuses and necessary accessory parts (including those that come under control through the implementation of import licensing) required by Enterprises with Foreign Investment for the production of export products. Customs shall exercise supervision and control and shall examine and release such imports on the strength of the document approving the establishment of the enterprise, contract or the import/export contract. The above-mentioned imported machinery and equipment, vehicles used in production, materials and parts shall be restricted to use by the enterprise itself in production and may not be transferred and sold domestically. If the imported materials, parts or products produced by using such imported materials or parts are sold domestically due to special circumstances, import procedures shall be gone through retroactively in accordance with Article 4 of these Measures.
[Article 4 ] With respect to machinery and equipment, vehicles used in production, raw materials, fuel, bulk parts, spare parts, components and parts of apparatuses and necessary accessory parts required to be imported by an Enterprise with Foreign Investment within the approved scope of operation for the production of products to be sold domestically and for the operation of business domestically, those that fall within the category of commodities under control through the implementation of import licensing shall require import licenses which shall be applied for and obtained once every six months on the strength of the confirmed impat plan of the enterprise; those that do not fall within the category of commodities under control through the implementation of import licensing shall be examined and released by Customs of the strength of the document approving the establishment of the enterprise or the contract.
[Article 5 ] Among the non-production articles imported by an Enterprise with Foreign Investment for its own use and in reasonable quantities, those that fall within the category of commodities under control through the implementation of import licensing shall be examined and issued with an import license by the foreign economic relations and trade department at the provincial level.
[Article 6 ] Export licenses shall be applied for and obtained once every six months for any product produced and to be exported by an Enterprise with Foreign Investment that falls within the category of commodities under control through the implementation of export licensing on the strength of the annual export plan of the enterprise.
[Article 7 ] Commodities produced and exported by an Enterprise with Foreign Investment within the scope of operation of such enterprise that are not subject to the control of export licensing shall be examined and released by customs on the strength of the export contract and other relevant certifying documents.
[Article 8 ] With respect to products which are not produced but are to be exported by an Enterprise with foreign Investment, with approval, in order to balance foreign exchange receipts and disbursements, export licenses shall be applied and obtained for those commodities that are subject to the implementation of export licensing on the strength of the approval documents; commodities that are not subject to the control of export licensing shall be examined and released by Customs on the strength of the export contract and other relevant certifying documents.
[Article 9 ] When applying to obtain import and export licenses, an Enterprise with Foreign Investment shall, according to the categories published by The Ministry of Foreign Economic Relations and Trade for the control of license issuance by different levels, apply and proceed with the relevant license issuing authorities respectively.
[Article 10 ] These Measures shall come into force as of the date of promulgation.
