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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 for 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:
- 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.
- 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.
- 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.
- 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.
- 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.
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2. Application for import license under
general trade requires for the following additional documents:
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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.
- 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.
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3. Foreign-funded enterprises, when applying
for import license, shall submit the following additional documents
and materials:
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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.
- 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.
- 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.
- 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.
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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:
- 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.
- 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.
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5. With regard to the application for import
license under other modes of trade, the following documents and
materials shall be provided:
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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..
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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.
- 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.
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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 with"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.
- 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.
- It is necessary to apply new import license to change
such contents as importers, consignees, description and
specification of commodities and quantity, etc..
- 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.
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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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