Advanced Search

Administrative Measures On Import Licenses

Original Language Title: 货物进口许可证管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(Released December 10, 2004 by Ministry of Commerce, 2004 27th as of January 1, 2005) Chapter I General provisions article in order to standardize the import license management, maintaining the order of import of goods, promoting the healthy development of foreign trade, according to the People's Republic of China foreign trade law and the People's Republic of China administration of import and export of goods Ordinance provides that these measures are formulated. Imports of goods of the State shall implement unified license regime.
    Countries to restrict the import of goods subject to import licensing.
    Article of Commerce is the national centralized management of Department of import licences, is responsible for the development of administrative measures on import licenses and regulations, supervise and inspect the implementation of administrative measures on import licenses, and punish violations. Ministry of Commerce in collaboration with the General Administration of customs to develop, adjust and publish an annual catalogue of import license administration.
    Ministry of Commerce is responsible for the development, adjust and publish an annual list of import license administration classified licensing.
    The list of goods subject to import licence administration and the import license administration classified licensing catalogue published by the Ministry of Commerce in the form of announcement.
    Fourth Ministry of Commerce authorizes quota Licensing Board (hereinafter referred to as the license Bureau), unified management, and guide the national work of the import licence issued by the licensing agency, licensing Bureau of Ministry of Commerce.
    Fifth article license Council and the Commerce standing around Commissioner Office (following referred to the special do) and the province, and autonomous regions, and municipalities, and bureaus and Commerce authorized of other capital city business Office (Council), and outside economic and Trade Commission (Office, and Council) (following referred to the place sent card institutions) for imports license sent card institutions, in license Council unified management Xia, is responsible for authorized range within of sent card work. Sixth article import license is legal evidence of the imports of goods of the State administration.
    Where the goods are subject to import licensing, unless otherwise provided by the State, foreign trade operators (hereinafter referred to as the operator) should be according to regulations prior to the designation of certification bodies applying for import licences, Customs will accept the Declaration and inspection of import license.
    Seventh article import licenses apply to the imports of the goods in the list of goods subject to import licence administration.
    Eighth article import licences may not be sold, transferred, altered, forged or altered.
    Chapter II Nineth, operators of applying for an import licence shall be submitted when applying for import licences, should fill in application form for import licenses carefully and seal.
    Tenth business operator shall, in accordance with imported goods, this approach to issuing agency import permit issuance according to the provisions of chapter III import approval documents and related materials. Article 11th of the registration shall be submitted to the qualified business license and stamped with the Special seal of the foreign trade operator registration foreign trade operator record registration form or import and export Enterprise qualification certificate. Operator for foreign-invested enterprises, foreign-invested Enterprise approval certificate shall be submitted.
    Country where import goods are subject to state trading or other qualification requirements, and shall provide the Ministry of Commerce or related departments of the file.
    Third chapter imports license sent card according to 12th article the sent card institutions according to Commerce developed of imports license management goods directory and imports license management goods grading sent card directory range, according to following provides issued imports license: (a) on monitoring chemicals, sent card institutions by national perform ban chemical weapons Convention work led Group Office approved of monitoring chemicals imports approved single and imports contract (original copies) issued imports license.
    (B) of precursor chemicals and precursor chemicals issuing agency by Ministry of Commerce of the import approval form for issuing import licenses.
    (C) ozone-depleting substances, certification bodies approved by the national ozone-depleting substance import and export Management Office of controlled ozone-depleting substances import approval of issuance of an import permit.
    (D) in accordance with the provisions of laws and administrative regulations, and other import restrictions on goods, issuing agency under the State Council departments of commercial administration or by the license documents issued in conjunction with the other relevant departments of the State Council issued import permits.
    13th for processing trade imports MCCs, precursor chemicals and ozone-depleting substances subject to import licence issuing institutions respectively, according to the 12th paragraph (a), (b), (c) regulations.
    14th foreign-funded enterprises import monitoring chemical, precursor chemicals and ozone-depleting substances subject to import licence issuing institutions respectively, according to the 12th paragraph (a), (b), (c) regulations.
    15th business operators when applying for import licences, as truthfully as provided herein shall not be fraud, are forbidden to forged documents, false contracts and other means of obtaining import licenses. Fourth chapter import licenses issued 16th issuing bodies shall be strictly in accordance with the Commerce Department's annual list of import license administration and the provision of the list of goods subject to import licence administration classified licensing, merchandise import license issued.
    Manager imports of goods in the list of goods subject to import licence administration, classification of goods must be imported to the license management catalogue designation of certification bodies applying for issuing import licenses.
    17th the issuing bodies provided for in chapter III of this approach should be the basis for issuance of import permits are issued, not ultra vires or beyond the scope of the issue of an import licence. 18th import license administration shall practise "one card pass" management.
    General import permits for "license", if it is to implement "non-certificate" shall at the same time the import license note column print "not a lot a license".
    "One card pass" refers to the import license must be a customs declaration; "a lot a license" means the import licence during the term once used for customs; "non-batch-II-license" means import licenses within the validity period can be used in multiple declarations, but not more than 12 times in the back of the license by the customs "column of the Customs examination remark" endorsement by batches in reduced imports. Bulk, bulk commodities for import licences, the excess quantity handled in accordance with international trade practices, namely customs import bulk, bulk goods imported in excess quantity shall not exceed the import permit number 5%.
    Do not implement "a lot a license" system of bulk, bulk cargo, each consignment imported according to its actual import quantity of nuclear button, the last batch of imported when the import of goods, their actual number remaining in excess quantities by the license and calculated excess ceiling under 5%.
    Releasing authority when the import licence is issued shall be strictly in accordance with import quotas and approval documents issued by the authorized number of, and according to the number of permits actually issued nuclear quota deduction, not import quotas or approved on the basis of the number of approved files plus international trade practices allowing the excess number of issued licenses. 19th an application meets the requirements, certification bodies shall, within 3 working days from the date of receipt of the application import licenses are issued.
    Under special circumstances, up to a maximum of 10 working days.
    Fifth chapter 20th the validity of import licences import licences shall be valid for one year.
    (A) the approval document of the administrative departments of import license shall be imported within the period stipulated by the issue. (B) import permits effective that year.
    Special circumstances need to span more than when in use, shall not exceed a maximum period on March 31.
    (C) the import licence should be used within the validity period, past due shall automatically cease, the Customs shall not be released. 21st article import licenses for some reason is not used within the validity period, managers should within the validity of import licences to the issuing agency submitted the extension application.
    The original license should be recovered by the licensing agency, after the cancellation of the original certificate in the computer management system for import and export licenses, re-issuance of an import permit, and indicate in the remarks column extension and the original license number.
    Import permits for any reason within the validity period of the unused, the operator shall, within the validity of the import licence the original issuing bodies for the unused portion of the application for extension, issuing agency to recover the original license issuing system, the original license verification, after deducting the number of use, re-issuance of an import permit, and noted in the remarks column extension and the original license number.
    Import permits can only be extended once, extension not longer than three months.
    Not extension of validity of the import licence application, the import licence shall automatically cease, no longer accepting extension of license by the licensing agency, holder of the import licence shall be deemed a waiver. 22nd article import permit had been issued, it may not change the content of the license.
    If you need to change, managers should propose changes in a license application, and return the license to the original license-issuing organs by the original certification bodies to issue a license.
    License changes that involved operators, import taxes on goods, quantity, amount, price, country of origin, import use, sources of foreign exchange, trade, port of entry, such as columns, such as original institution has corresponding limits, managers should provide the original approval agencies agree with the changed files. Article 23rd for import licences if you lose, the operator should immediately license marked import port customs and the relevant certification agencies report the loss, declared invalid, and promptly made a report to police.
    Lost operators report received by the licensing agency, customs clearance by verifying that the certificate has not been used, may revoke the original import licence and issue a new card.
    24th article customs, industry and commerce, public security, discipline inspection, Court and other units to the inquiries or investigations by the licensing agency import permit, shall show the relevant certificate issuing authorities shall accept the inquiry. 25th article Import when revising the issuing agency license management products, from the date of adjustments, the original licensing agency shall not issue a import permit for the goods, and the operator was adjusted in the adjustments before applying for certification bodies. Operators to apply for a license before the adjustment within the period of validity shall remain valid.
    Within the validity of import licenses that are not used or not used, in accordance with the regulations to adjust after issuing bodies go through formalities for extension. The sixth chapter checks and penalties

    26th Bureau of Ministry of Commerce authorization license issuing agency to carry out regular inspection. Check the content for the implementation of this approach by the licensing agency, focusing on checks for irregularities such as exceeding or have no documents issued. Checking and issuing regular or irregular self-license Bureau checks with a combination of approaches.
    Licensing bureaus shall report the case to the Ministry of Commerce. 27th all license issuing bodies shall, according to the Commerce Department licenses provides timely delivery of certification online verification data to ensure smooth customs clearance and customs verification verification of Customs shall carefully check the data, check the use of permits in a timely manner and to identify existing problems.
    Licensing bureaus shall regularly check the Customs after verification of the data reported to the Department of Commerce. 28th exceeding or not effective documents and issuing of import licenses is not valid.
    In violation of provisions of license-issuing organs, the Ministry of Commerce will depend on the seriousness of the warning, the right to suspend or cancel permits disciplinary actions.
    Article 29th for violation of these measures, by fraud or any other illegal means of obtaining import permits, collection of import licenses in accordance with law, Ministry of Commerce may not be considered violations in three years people apply for import licenses, or prohibit the violator within a period of one to three years engaged in related business activities of import of the goods.
    30th article on forged, and variable made or sale imports license of, in accordance with criminal on illegal business crime or forged, and variable made, and sale State documents, and documents, and seal crime of provides, law held criminal; is enough criminal punishment of, in accordance with customs method of about provides punishment; commerce can ban violations people in one years above three years following of term within engaged in about goods imports business activities. 31st to 28th, 29, 30 involving import permits, once verified, the Ministry of Commerce to be collected, revoking.
    The customs in actual supervision or case involving such permit issues found during processing, and actively cooperate with the issuing bodies should give a clear reply.
    32nd of issuing agency staff appeared violations but does not constitute a crime, should be out of the job, and depending on the seriousness of each sanctions constitutes a crime, and handed over to judicial organs for criminal responsibility according to law.
    Seventh chapter supplementary articles article 33rd laws and administrative regulations on the bonded warehouse imported goods, free trade zone and export processing zone management otherwise provides, in accordance with its provisions.
    34th article of the approach by the Ministry of Commerce is responsible for the interpretation. 35th article of the rules implemented on January 1, 2005.
  Former Ministry of foreign trade and economic cooperation issued the import permit regulations (Ministry of foreign trade and economic cooperation 2001 of 22nd) repealed simultaneously.