(December 10, 2004 the Ministry of Commerce released 2004 28th come into force on January 1, 2005) Chapter I General provisions article in order to rationally allocate resources, regulate export order, to create a fair and transparent trading environment, fulfil the accession to international conventions and treaties, safeguard China's economic interests and security, in accordance with the People's Republic of China's foreign trade law and the People's Republic of China import and export regulations, these measures are formulated. The second State applies a uniform licensing system for the export of goods.
    Countries to restrict the export of goods subject to export license management.
    Article of Commerce is centralized management of national export licensing department, is responsible for export license management and regulations to supervise and inspect the implementation of the administrative measures on export licenses, and punish violations. Ministry of Commerce in collaboration with the General Administration of customs to develop, adjust and publish an annual catalogue of goods subject to export licensing administration.
    Ministry of Commerce is responsible for the development, adjust and publish an annual catalogue of the classification of goods subject to export licensing administration certification.
    The export licensing catalogue of goods classification certification and export license management 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) management and guide the work of the export 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 export license sent card institutions, in license Council unified management Xia, is responsible for authorized range within of sent card work. Mentioned in the sixth article of the measures including export quotas of export permit permits and export licences.
    Where export quota and license management and goods for export license management, foreign trade operators (hereinafter referred to as the operator) shall be required prior to export to the designation of certification bodies applying for export permits, Customs will accept the Declaration and inspection of an export license.
    Article export licence may not be sold, transferred, altered, forged or altered. Chapter II export license shall submit documents article eighth when applying for an export licence, should carefully fill in the export application form (original) 1, and sealed.
    Implementation of online application, should be carefully and truthfully fill in the online electronic application form and send it to the corresponding issuing bodies.
    Nineth operators when applying for an export licence shall be submitted to the issuing agency on the export of goods quotas or other relevant documents of ratification.
    Tenth business operators when applying for an export licence shall be submitted to the issuing body stamped with the Special seal of the foreign trade operator registration foreign trade operator registration form or the People's Republic of China import and export Enterprise qualification certificate or certificate of approval for foreign-invested enterprises (duplicate). Third chapter export license sent card according to 11th article the sent card institutions according to Commerce developed of export license management goods directory and export license management grading sent card directory range, in accordance with following provides issued export license: (a) implemented quota license management of export goods, by Commerce or 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) (hereinafter referred to as local commerce authorities) issued quota files and the Manager of the export contract (copy of) the issuance of an export permit.
    (B) the export of goods subject to quota bidding, Commerce Department releases list of tenderers, the bid quantity, for a certificate of quota bidding goods export license or quota tendering of the cargo transfer the certificate, as well as tenderers of the export contract (copy of) the issuance of an export permit.
    (C) export of precursor chemicals, with the exports of precursor chemicals in Commerce Department approval form and the Manager of the export contract (copy of) the issuance of an export permit.
    (D) exports of computers, with the Ministry of Commerce approved the export of computer technology review form and the Manager of the export contract (copy of) the issuance of an export permit.
    (E) monitoring the export of chemicals, with State approval of the chemical weapons Convention Office files and the Manager of the export contract (copy of) the issuance of an export permit.
    (Vi) exports of ozone-depleting substances, by national ozone-depleting substance import and export Management Office issued the approval document and the Manager of the export contract (copy of) the issuance of an export permit.
    (VII) other exporting goods subject to export licensing, approved by Ministry of Commerce files, the operators of export contract (copy of) the issuance of an export permit. 12th article processing trade items Xia belongs to export license management of goods, sent card institutions according to Commerce developed of export license management goods directory and export license management grading sent card directory, by Commerce authorized of processing trade approval organ issued of processing trade business approved card and the this approach 11th article provides of export approved file (belongs to export quota management but not using quota number of commodity by Commerce documents), and
    Customs import declarations of processing trade and the Manager of the export contract (copy of the original) issued an export license.
    Processing trade export MCCs, precursor chemicals, ozone-depleting substances and goods governed by other international conventions, in accordance with this article 11th issue export licenses.
    Article 13th foreign-funded enterprises export export license management to the production of goods (including processing with imported materials for re-export) should be according to the following provisions: (a) approved exports of foreign invested enterprises, issuing agency by the Ministry of Commerce issued the export quota export permits issued for foreign-funded enterprises, export goods quota tendering, should be approved with article 11th related files.
    (B) in the list of goods subject to export licensing administration has been approved by the foreign investment enterprises before adjustment, its exports because of the adjustment to be new export license administration, Department of Commerce according to the approved business scope, foreign-invested enterprises approved by the scale of production and export quotas and issuing agency by the Ministry of Commerce issued a number of foreign-funded enterprises export quotas to issue export licenses. (C) investment projects involving foreign investment enterprises export licensing exports of goods should be reported to the Ministry of Commerce approved the consent during the project phase, approval procedures for approval.
    Without the approval of these projects, the Ministry of Commerce not issued export quotas, no export permits issued by the licensing agency.
    14th Chinese enterprises in foreign countries and Hong Kong and Macao investment in wholly-owned, joint venture and cooperative enterprises, domestic supplies of goods under an export license administration requirements, certification bodies approval document of the Ministry of Commerce and Ministry of Commerce foreign enterprise approval certificate or certificate of approval for foreign raw material processing and Assembly enterprises of the Ministry of Commerce, in accordance with this article 11th issue export licenses.
    15th by the Ministry of Commerce approved enterprises with operational qualifications for foreign economic and technical cooperation to implement State (territory) foreign contracted projects and labor cooperation, design consulting project export contracts for equipment (with equipment), construction materials, equipment and staff their own supplies of goods under an export license administration, in accordance with this article 11th issue export licenses.
    16th to move out of the country for exporting complete equipment projects for personal use of goods under an export license administration, in accordance with this article 11th issue export licenses. Article 17th repayment of foreign loans of the goods under an export license management or compensation trade, published by the issuing agency by the Ministry of Commerce export licensing catalogue of goods classification certification and export license management catalogue, issued by Ministry of Commerce of the repayment of foreign loans issued export licenses for export quotas or compensation trade.
    No register of legal persons, other organizations or individuals engaged in the repayment of foreign loans or compensation trade business, operators should delegate Agency, and by the operators to handle export licenses.
    Article 18th operators when applying for an export licence shall be in accordance with the means truthfully, no fraud, no fake contracts and false documents and other means of obtaining an export license. Fourth chapter export licenses issued 19th all license issuing bodies shall strictly in accordance with the export licensing catalogue of goods and export license management catalogue classified licensing requirements, applications received in conformity with the provisions issued within 3 working days from the date of the relevant export licence for export goods, shall not violate the provisions of licensing.
    Operators in the export licensing catalogue of goods for export of goods, the export licence should be to manage classified list of certification of designation of certification bodies applying for export permits. 20th licensing Bureau, special and local certification bodies should be strictly in accordance with the Department of Commerce export license issued for graded cards directory of export licenses.
    Online to apply for export licenses, in accordance with the relevant procedures and regulations.
    (A) the license Bureau certification range: 1. in accordance with the provisions of the Ministry of Commerce export license management catalogue classified licensing, issued the export license classification catalogue within the scope of authority for issuing export licenses.
    2. in the central management of the Beijing enterprises export licenses.
    (Ii) the special do sent card range: 1. According to Commerce provides of export license management grading sent card directory, issued contact area within operators, and contact area within central management enterprise and the quota by place management of in Beijing Central Management Enterprise subsidiary of export license; 2. by Commerce provides of export license management grading sent card directory, issued contact area within operators quota tender goods export license; 3. issued Commerce provides of other goods of export license.
    (C) the scope of local certification bodies certification: 1. According to Ministry of Commerce classification certification required export license management catalogue for export permit issued local operators, 2. other goods in Department of Commerce export license issued. (D) specify the certification authority certification of goods: where is the export license management grading certification specified in the catalogue of the goods issued by the licensing agency, the operator shall be specified for export license by the licensing agency.

    Article 21st of the issuing agency shall not quota-free, exceeding quota, ultra vires or beyond the scope of issuing export licenses.
    In the course of issuing agency staff in the performance of their duties shall not be negligence, malpractice or abuse must not take advantage of his position and claim his property, or illegally accept someone else's property for the benefit of others. 22nd an export license management to implement "one card pass" system, "a license" and "non-certificate" System.
    "One card pass" means export permits only one customs declaration; "a lot a license" means the export license during the term once used for customs.
    Following situation implemented "non-a a card" business, issued export license Shi should in notes bar within indicate "non-a a card": (a) foreign investment enterprise export license management of goods; (ii) compensation items Xia export license management of goods; (three) other in export license management goods directory in the provides implemented "non-a a card" of export license management goods.
    "Not a lot a license" means the export licenses within the validity period can be used for customs, but not more than 12 times by the customs "column of the Customs examination remark" the endorsement by batches of fortune. Fifth chapter of exceptions to the 23rd excess goods shall be for the bulk and bulk cargo. Excess quantity handled in accordance with international trade practices, namely customs export bulk, bulk goods exported in excess quantity shall not exceed the export permit number 5%.
    Do not implement "a lot a license" system of bulk, bulk cargo, each batch of goods exports, according to its actual export volume of nuclear button, the last batch of goods exported when you export, the overfill physical remaining quantity in the license and the requirements the number of calculated excess ceiling 5%.
    Issuing agency when issuing such export license shall be in strict accordance with the quantity of export quotas and approval documents issued by the authorized number of, and according to the number of permits actually issued nuclear quota deduction, not export quotas or approved on the basis of the number of approved files plus international trade practices allowing the excess number of issued licenses. Article 24th of goods subject to export licensing project of foreign economic aid from export license.
    Provisions relating to examination vouchers, developed separately by the Ministry of Commerce, General Administration of customs and the State administration of quality supervision and release. 25th article to country (border) outside participate in or held exhibition shipped out outside exhibits, and sale products, and small sold products of provides: (a) to country (border) outside participate in or held exhibition by with belongs to export license management of non-sold exhibits, from led export license, customs by abroad (border) economic trade exhibition approval sector approved do exhibition of file and export goods customs single regulatory inspection put. Exhibitors shall within 6 months after the exhibition closed, the non-selling products to whoever returned from customs.
    In special cases, the approval of the Customs may be postponed.
    (Ii) to country (border) outside participate in or held exhibition will with out of sale products, and small sold products, belongs to export license management of, exhibition units by abroad (border) economic trade exhibition approval sector of approved file and the abroad (border) economic trade exhibition group exhibition units provides of exhibition proved, to grading sent card Directory provides of sent card institutions apply for export license, not occupied export quota.
    (C) monitoring chemical, precursor chemicals, ozone-depleting substances and goods governed by other international conventions, the normal export processing, this section does not apply (a), (b) provision. 26th article export goods samples and culture exchange or Exchange needed foreign provides belongs to export license management goods of samples of provides: (a) operators shipped abroad (border) outside belongs to export license management goods of samples or experiment with samples, each batch goods value in Yuan 30,000 yuan (containing 30,000 yuan) following who, from led export license, customs by operators fill in of export samples customs single identification release; over 30,000 Yuan who, considered normal export, operators by provides apply for export license.
    Export licenses in the remarks column should be marked "sample".
    (B) monitoring chemical, precursor chemicals, ozone-depleting substances and governed by other international conventions provide samples of the goods, the normal export processing, this section does not apply (a) provided.
    27th Chinese Government according to the agreement between the two Governments or provisional decision, provide donations or the Chinese Government, based on friendly relations to other Governments, organizations donated materials, goods relating to export licensing, export license issued by the relevant agreement or decision, does not take export quotas.
    Other donations relating to export licensing, according to the article 11th to issue export licenses.
    Sixth chapter export permits will be valid for 28th export quota is valid for the year December 31 (December 31), unless otherwise provided, the operator shall apply to the issuing agency within the quota is valid export license.
    Article 29th all license issuing bodies may on December 16 of that year, according to the Commerce Department or the local commerce authorities issued export quotas for next year to issue export licenses for next year. Article 30th export permits will be valid for not more than 6 months.
    Export license needs to span more than when using export license, the deadline may be more than the end of February the following year. Processing trade exports of goods belonging to the quota and license management, its export license in accordance with the processing trade approval certificate issued by the authorized period of export, but no more than the end of February the following year.
    Processing trade business approved card approved of export term over next year February end of of, operators should Yu February end of Qian to original sent card institutions proposed extension application, sent card institutions recovered original card, in sent card system in the on original card for verification, deduction has using of number Hou, by processing trade business approved card approved of export term again issued export license, and in notes bar in the indicate extension using and original card card,.
    Specific case where the Ministry of Commerce, adjust the time of validity of the export licence and for certain goods.
    Export license shall be used within the validity period, past due shall automatically cease, the Customs shall not be released.
    31st an export license is not used within the validity period, managers should export license extension application to the issuing agency within the period, issuing agency to recover the original license issuing computer management system after the cancellation of the original certificate, re-issuance of an export permit, and indicate in the remarks column extension and the original license number.
    Export licenses for some reason is not used within the validity period, the operator shall, within the export license to the certification 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 export permit, and indicate in the remarks column extension and the original license number.
    Use export quotas for export licences for extension, an extension shall not exceed validity of the export quotas for that year and the following year in late February, is valid for the year export quota with the end of February the following year of validity may be extended.
    Is not submitted within the export license application, export licenses within their own failure, not to proceed with extension of license by the licensing agency, the export license number as a quota-holder to surrender.
    Article 32nd after the issuance of an export license, any units and individuals are not allowed to change the content of the license if necessary to justify any content changes, the operator shall, within the export license will be returned to the original export license issuing agency, re-apply for an export permit.
    Article 33rd for export licences such as lost, the operator should immediately license indicated export port customs and related written reports by the licensing agency, and published in the national economic newspaper "lost statement", declared lost by the licensing agency, and after it has been verified that the card has not been clearance, remove the card and issue a new certificate.
    The 34th article customs, industry and commerce, public security, discipline inspection, Court and other units to the inquiries or investigations by the licensing agency export license shall show the relevant certificate issuing authorities shall accept the inquiry. 35th export license administration issuing body adjustment, since the adjustment date, original issuing institution shall not issue export licenses 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 period of validity is not used or not fully use permit in accordance with the regulations to adjust after the issuing bodies go through formalities for extension. The seventh chapter checks and penalties article 36th licensing Bureau of Ministry of Commerce authorizes the issuing agency to carry out regular inspection. Check the content for the implementation of this approach by the licensing agency, focused on checks for exceeding quota, quota-free or exceeding a notice of certification and other issues of violation of these regulations.
    Checking and issuing regular or irregular self-license Bureau checks with a combination of approaches.
    License Bureau checks should be reported to the Ministry of Commerce. 37th 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.
    Article 38th for violation of the article 21st, over quota, quota-free and exceeding the permit issuing authority, the Ministry of Commerce will depend on the seriousness of the warning, the right to suspend or cancel permits disciplinary actions.
    39th operators of forged, altered or sell export licenses, in accordance with the criminal law on the illegal business operations or the crime of forging, altering, buying or selling official documents, certificates or seals of the provisions, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, in accordance with the relevant provisions of the customs law and other related laws and regulations. Through deception or other illegal means to obtain an export license, the Ministry of Commerce collection of their export license according to law.

    The Commerce Department can prohibit the violator since the entry into force of the decision on administrative penalty provided for in the preceding two paragraphs or criminal penalty judgment from the date of entry into force within a period of one to three years engaged in the foreign trade activities.
    During the term of the prohibition, prohibition of customs under the Ministry of Commerce shall make decisions related to the operators not to go through the formalities of Customs Declaration and examination of exported goods, the Foreign Exchange Management Department or designated foreign exchange banks shall not handle relevant foreign exchange settlement and sale procedures. 40th exceeding quota, quota and issuance exceeding license is not valid. Export licenses involved in the 37th, 38th, once verified, the Ministry of Commerce shall be revoked.
    The customs in actual supervision or case involving such permit issues found during processing, certification authorities should give a clear reply.
    41st for violation of article 25th (a) relevant provisions of paragraph, belongs to the non-export license to sell products is not returned by the customs, notified by the Customs and the Ministry of Commerce, Ministry of Commerce and travel abroad (border) approval authority depending on the seriousness of the economic and trade exhibitions group exhibition and exhibitors, warn, suspend approval of the country (territory) exhibitions, such as one or two years punishment. 42nd article of issuing agency staff in violation of the article 21st constitutes a crime in accordance with the People's Republic of China relevant provisions of the criminal law investigation of his criminal responsibility.
    To staff by the licensing agency in violation of these regulations do not constitute a crime, should be removed from the workplace, and in accordance with the interim regulations on civil servants of the 32nd, 33rd, impose administrative sanctions. Eighth chapter supplementary articles article 43rd County, other parts of the customs territory of goods into bonded warehouses, bonded areas and export processing zones, in accordance with existing regulations.
    Export warehouses, bonded areas, export processing zone, goods are exported to overseas, according to the current regulations.
    44th border trade under an export license management is carried out in accordance with existing regulations.
    Article 45th of sensitive goods and technologies export license under these procedures do not apply.
    Article 46th explain these measures by the Ministry of Commerce. 47th article of the rules implemented on January 1, 2005.
                                                          Issued by the former Ministry of foreign trade and economic cooperation of the export permits regulations (Ministry of foreign trade and economic cooperation 2001 of 9th) repealed simultaneously.