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中华人民共和国进口货物许可制度暂行条例 INTERIM REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THELICE NCING SYSTEM FOR IMPORT COMMODITIES

2006-05-18 15:26   我要纠错 | 打印 | 收藏 | | |

(Promulgated by the State Council on January 10, 1984)
颁布日期:19840110  实施日期:19840110  颁布单位:国务院

  Article 1 These Regulations are formulated to strengthen planning and administration of imports, and to upgrade the economic efficiency, so as to facilitate the construction of socialist modernization.

  Article 2 The People's Republic of China implements the licensing system for import commodities. With respect to all those commodities subject to a licence for import as stipulated in these Regulations, except as otherwise provided by the state, an application must be filed in advance for obtaining an import licence, and the import order for the required commodities shall be handled by a company approved by the state to be engaged in the import business of the said commodities. The Customs shall give clearance against the import licences and other relevant documents.

  Article 3 The Ministry of Foreign Economic Relations and Trade of the People's Republic of China shall, on behalf of the state, be responsible for the unified issue of the import licences. The departments of foreign economic relations and trade at the provincial level may, within the scope of competence prescribed by the Ministry of Foreign Economic Relations and Trade, issue import licences related to the importation of the respective provinces, autonomous regions, or municipalities directly under the Central Government. The Ministry of Foreign Economic Relations and Trade may also authorize its accredited representatives' offices stationed at the main ports to issue, within the prescribed scope of competence, the import licences.

  Article 4 Various categories of companies that have been approved by the state to engage in import business must handle the import business operations strictly in accordance with the approved scope of business and with the catalogue of import commodities. The goods, which are imported by the national foreign trade corporations engaged in specialized import and export business, or by import and export companies attached to various ministries, or by import and export companies attached to various provincial governments referred to by the term “companies” mentioned in the preceding paragraph, shall, with the exception of those goods under import restrictions imposed by the state, be exempt from the import licences, and the Customs shall give clearance against the relevant import documents.

  All departments and enterprises without the approval of the state to engage in import business are forbidden to import goods without authorization.

  Article 5 The goods which are imported in accordance with the provisions of he state, and with the approval of the relevant ministries or commissions under the State Council or of the people's governments of the respective provinces, autonomous regions, and municipalities directly under the Central Government, for executing various agreements and contracts concluded with parties from abroad for processing supplied materials, for assembling supplied parts and components, for compensation trade, or for contracting of construction projects, and which have not exceeded the scope of the approved items, shall be exempt from import licences. However, where the importation with respect to the compensation trade or the contracting of construction projects goods under import restrictions by the state; or where the materials or the parts and components or the finished products after processing, imported for executing contracts for processing supplied materials or for assembling supplied parts and components are needed to diverse for domestic sale, an application must filed for obtaining an import licence.

  Article 6 In respect of the importation of goods under import restrictions imposed by the state, irrespective of their forms of import, sources of foreign exchange, and channels for import, the matter shall be submitted to the competent administrative departments and the relevant examining departments for examination and approval in accordance with the scope of competence and limits of authority for examination and approval provided by the state; and then, the ordering units shall apply for the import licences by presenting the approval document.

  The varieties of goods under import restrictions imposed by the state shall be uniformly adjusted and made known to the public by the Ministry of Foreign Economic Relations and Trade in accordance with the provisions formulated by the state.

  Article 7 The following imports, which do not fall under the scope of varieties stipulated in the second paragraph of the preceding article, shall be exempt from the import licences:

  1. samples purchased or provided free of charge by foreign businessmen, in the course of import and export business, by various categories of companies which have been approved by the state to engage in import and export business;

  2. articles urgently required for professional usage which are purchased from abroad at the international market price of 5,000 U.S. dollars or less, by such departments as scientific research, education, culture, physical culture, medicine, and public health, with the approval of the Ministry of Foreign Economic Relations and Trade, or the administrative departments of foreign economic relations and trade at the provincial level, or the accredited representatives' offices of the Ministry of Foreign Economic Relations and Trade stationed at various ports;

  3. machinery and electrical instruments and fittings urgently required in production which are purchased from abroad by industrial or mining enterprises at the international market price of 5,000 U.S. dollars or less, with the approval of the Ministry of Foreign Economic Relations and Trade, or the administrative departments of foreign economic relations and trade at the provincial level, or the accredited representatives' offices of the Ministry of Foreign Economic Relations and Trade stationed at various ports;

  4. commodities imported with the special approval by the state.

  The Customs shall give clearance to the imported goods mentioned in Items 2, 3 and 4 of the preceding paragraph against the approval documents. 4 of the proceeding paragraph against the approval documents.

  Article 8 With respect to the goods purchased as mentioned in Items 2 and 3 of the first paragraph of the preceding article, if they are bought at an international market price that exceeds the prescribed limit, an application must be filed for obtaining the import licences. If departments or public institutions other than those mentioned in Items 2 and 3 of the first paragraph of the preceding article are to purchase from abroad the urgently required articles, they must also apply for obtaining the import licences.

  Article 9 With respect to the goods and materials required in production by Chinese-foreign equity joint ventures, if they cannot be obtained in the domestic market, the aforesaid equity joint ventures may order them from abroad through the relevant foreign trade companies, or the equity joint ventures may, within their scope of business operation, import the goods and materials by themselves. Matters concerning the scope of and the procedures for the import licences shall be handled in accordance with the provisions of Article 63 of the Rules for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures.

  Article 10 Under any one of the following circumstances, the Ministry of Foreign Economic Relations and Trade shall not issue the import licence, or revoke the import licence already issued:

  1. goods the importation of which the state has decided to stop or to stop for the time being;

  2. goods the importation of which is not in conformity with the foreign policy of the state;

  3. the imported goods that are not in conformity with the contents of bilateral trade agreements or the agreements of payment;

  4. the imported goods that are not in conformity with the sanitation criteria or the quarantine criteria for medicine, foodstuff, animals and plants, agricultural products, livestock products, aquatic products, as set by the state public health departments and the departments of agriculture, animal husbandry and fishery;

  5. other imported goods that jeopardize the interests of the state, or that are handled illegally.

  Article 11 To apply for the import licence, the applicant must present an official certifying letter issued by a unit at the provincial department or bureau level or higher, and submit also the certifying document indicating the approval of the importation of the said goods by the relevant competent administrative departments and the examining departments. The application shall contain such items as the names of the imported goods, specifications, quantity, amount of money paid, purposes of usage, the country from which the goods are to be imported, sources of foreign exchange, and the domestic units that shall conclude the transaction with external units. The licence issuing department shall issue the import licence after it has examined the application and found it to be in conformity with relevant provisions.

  In applying for the licence for import goods, the applying unit must make the application strictly according to the facts and must not resort to deception or trickery. Violators shall be investigated and punished.

  Article 12 The term of validity of the import licence shall be one year. In the event that within the term of validity the goods have not been imported, the unit that holds the licence may make an application to the licence issuing authorities for an extension of the term of validity; the licence issuing authorities may, in accordance with the stipulations of the relevant contract, extend the term of validity accordingly.

  Article 13 In the event of a violation of the provisions of these Regulations, with respect to the goods imported arbitrarily without applying for the import licence in advance, the Customs may confiscate the goods or give an order for the goods to be shipped back; where the importation has been verified by the licence issuing department and the import licence has been issued afterwards, the Customs may, at its discretion, impose a fine on the violator and then give clearance. With respect to the forgery, alteration or illegal transfer of the import licence, the case shall be dealt with by the Customs in accordance with the pertinent provisions of the Customs laws and regulations.

  Article 14 Matters concerning goods imported by the special economic zones for the use within the special economic zones shall be handled in accordance with the special provisions of the special economic zones; matters concerning the imported goods and the goods manufactured in the special economic zones, which are to be transported to the inland of the country, shall all be handled in accordance with the provisions of these Regulations.

  Article 15 The Ministry of Foreign Economic Relations and Trade shall be responsible for the interpretation of these Regulations; and the rules for the implementation of these Regulations shall be formulated jointly by the Ministry of Foreign Economic Relations and Trade and the General Administration of Customs.

  Article 16 These Regulations shall go into effect as of the date of promulgation.

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