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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

II. Standard of Filling in the Application Form for Export License

III. In Case of Modification, Extension and Loss of Export License

IV. Legal Responsibilities of the Applying Units

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China - Notice on the Application of Import License, 1996

MOFTEC

copy @ Lex Mercatoria

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 registrated* 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 registrated* 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.


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