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On The Establishment Of Administrative Measures On Foreign-Invested Export Procurement Centers

Original Language Title: 关于设立外商投资出口采购中心管理办法

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(November 17, 2003, the Ministry of Commerce, General Administration of customs, the State administration of taxation, the State administration of foreign exchange, the 3rd release) first in order to further promote the development of foreign trade, openness and attracting foreign investment, according to People's Republic of China relating to foreign investment and foreign trade laws and regulations to develop this approach.
    Foreign investors setting up foreign-invested export procurement centers in China, should comply with these measures. These measures referred to in article II Department of foreign funded export procurement centers in China by foreign investors as a sole or form joint ventures with Chinese investors to set up foreign-funded enterprises engaged in export of procurement operations.
    Export procurement centers shall be as a limited liability company.
    Article applying for establishing a foreign-invested export procurement Center for foreign investors, should have an international marketing network, with export procurement capabilities.
    In the form of joint venture establishment of foreign funded export procurement centers, Chinese investors should be good credit, has the economic strength necessary to hold procurement Center. Article fourth of foreign funded export procurement centers with registered capital of no less than 30 million Yuan.
    Foreign investor-funded under the existing regulations.
    Fifth foreign investors can set up investment companies in China invested export procurement Center.
    Sixth article established foreign investment export procurement Center, should will following file by intends established foreign investment export procurement Center location province, and autonomous regions, and municipalities and bureaus business competent sector trial agreed Hou, reported Commerce approved: (a) applications; (ii) investors parties of registered registration file (copies), and statutory representative people proved file (copies) and funding letter proved file; (three) feasibility research report, and articles (joint venture export procurement Center also needed provides enterprise joint venture contract);
    (D) the list of Board members and curricula vitae (e) pre-approval notice of enterprise names issued by the Administrative Department for industry and commerce.
    Department of Commerce after receiving the complete application documents, shall be made within 30 working days whether to approve a written reply.
    Seventh foreign-funded export procurement centers may have the following services: (a) the purchase of domestic goods in the export business, and information relating to warehousing, export consulting and technical services.
    (B) imported raw materials, entrust other companies processing and re-exported. (C) imports purchase required to export samples.
    Sample import quantity and value should conform to the relevant regulations of the Customs on imported samples.
    Eighth export commodities of the country quota and license management, procurement of export shall, in accordance with the relevant provisions of the State applied for and received quota and license; national goods quota tendering management, purchasing necessary for export in accordance with the provisions relating to export tender to participate in tender for export.
    Nineth foreign-funded export procurement centers to open foreign exchange accounts foreign exchange receipts and disbursements, shall, in accordance with the existing foreign exchange control regulations. Tenth foreign-invested export procurement Center located outside the free trade zone of the foreign investment company rules on export of domestic products for refund.
    Foreign funded export procurement centers located in the bonded area, under the existing provisions of the relevant enterprises in the bonded zones export tax rebate refund. The 11th foreign-funded export procurement centers engaged in the import of processed for re-export business, shall apply mutatis mutandis to a joint venture foreign trade companies engaged in similar business regulations, products are all exported to no domestic sales. If there are special circumstances cannot be exported needs to sell, according to relevant provisions of sale procedures of processing trade, reported to the provincial Commerce Department approval and issue approvals for domestic market and Commerce Department records.
    Import licenses are involved, should be required to apply for an import permit, be reported to the Ministry of Commerce for approval, according to the current regulations.
    Customs of the products with the appropriate domestic license and valid import license for the domestic tax and inspection procedures.
    12th except as otherwise provided, Hong Kong S.A.R., and Macau S.A.R., and Taiwan investors in other parts of China invested export procurement Center, in accordance with the measures implemented.
    The 13th article of the approach by the Ministry of Commerce, General Administration of customs, the State administration of taxation, the State administration of foreign exchange is responsible for the interpretation.
                                                                                              The 14th article of the approaches implemented since the release date after the 30th.