Laws of the People's Republic of China

CIRCULAR OF THE MINISTRY OF FOREIGN ECONOMIC
RELATIONS AND TRADE ON THE ADMINISTRATION OF
EXPORT LICENSE AT DIFFERENT ADMINISTRATIVE LEVELS

 (Promulgated on March 18, 1985)

 

 

 

SUBJECT: IMPORT & EXPORT LICENSING & ADMINISTRATION

ISSUING-DEPT: MINISTRY OF FOREIGN ECONOMIC RELATIONS & TRADE

ISSUE-DATE: 03/18/1985

IMPLEMENT-DATE: 03/18/1985

LENGTH: 1774 words

TEXT:

To suit the development of the restructuring of foreign trade system, and in line with the principle of mobilizing all positive factors, invigorating foreign trade operation under the guidance of a unified and effective macro control and ensuring the rapid and sound development of foreign trade, the Ministry has decided to adjust the number of export commodities under the licensing system.  The decision will go into effect on 15 April 1985.  The examning of application for and the issuing of export license are to be administered at two levels.  The following are the details:

I.  The list of 129 items of export commodities currently subject to licensing system is to be adjusted to 127 *

* Up to January, 1986, the items of commodities under export licenses had been adjusted adjusted largely, For details, see the supplement "List of Commodities of 235 kinds under Export Licenses Administered at Different Levels".

In accordance with principle of unified policy, unified planning and 2-level administration, after the adjustments, the Ministry of Foreign Economic Relations and Trade is to examine, approve and issue export licenses for 15 items; to empower the Special Commissioners Offices of the Ministry stationed at the main coastal cities to examine, approve and issue export licenses for 40 items; and the administrative departments (commissions or bureaux) of foreign economic relations and trade of various provinces, autonomous regions and municipalities directly under the State Council (hereinafter including the cities approved by the State Council with enlarged power of enjoying the provincial right of economic management), for 72 items.

II.  Measures to examine, approve and issue export license

(1) Trade associations by commodities shall be gradually established for all commodities covered under export license (before the establishment of such associations, coordination is still to be conducted by the commodity-coordinating groups of relevant national specialized import and export corporations, with the participation of as many local foreign trade corporations as possible).  The associations, as administrative assisting agencies, are responsible for co-ordinating markets, clients, and prices of export commodities under the jurisdiction of respective associations.

(2) Of the commodities, for which export licenses by order of the Ministry are to be issued by the Special Commissioners Offices of the Ministry stationed at the main port cities and by the departments (commissions and bureaux) of foreign economic relations and trade of various provinces, autonomous regions and municipalities directly under the State Council.  Export Licenses for those that can only be exported in restricted quantity are to be examined and departments in accordance with the export plans (mandatory and guidance plans) issued by the Ministry.  The export of commodities that are not listed in the mandatory export plan is subject to the approval of the Ministry before export license can be issued.  The export of commodities that are not listed in the mandatory and guidance plan may be examined and approved in accordance with export plan of the administrative departments (commissions and bureaux) of foreign economic relations and trade of various provinces, autonomous regions and municipalities directly under the State Council.  Export licenses for the 16 items of commodities that can only be exported by the head offices of the specialized import and export corporations are to be issued against the examined sales contracts of corporations concerned.

(3) Foreign trade corporations are exempted from applying for and obtaining export licenses for commodities to be exported by them within the approved scope of their business, except those whose export is subject to license.  For the export of commodities by foreign trade corporations that are not within the scope their business or by non-foreign trade organizations, export license is required, of which the export license for commodities falling under the list of items under the exclusive operation of the head offices of the specialized import and export corporations is to be applied to and obtained from the Ministry of Foreign Economic Relations and Trade.  The export licenses for commodities other than those that can only be exported by the head offices of the specialized import and export corporations are to be applied to and obtained from the administrative departments (commissions and bureaux) of foreign economic relations and trade of various provinces, autonomous regions and municipalities directly under the State Council.  All ministries and enterprises under their direct leadership are required to apply to the Ministry of Foreign Economic Relations and Trade for export licenses.

(4) Corporations and enterprises that have neither definite scope of business nor export commodity categories, and that have no obligation to fulfil the export-earning quota set by the State are required to apply for export license for every item to be exported, as the export of such item is regarded as an operation beyond the scope of their business.

(5) Export under the agency system: Foreign trade corporations entrusted to export the commodities subject to export licenses, and within the scope of their business are required by regulations to apply to and obtain from foreign trade administrative departments for export licenses.

(6) Export from the Special Economic Zones and Hainan Administrative Region of Guangdong Province: When foriegn trade corporations in the said Zones or Region export within the scope of their business commodities produced locally, they are exempted from applying for and obtaining export licenses, except those that are under licensing system or those that are not under the licensing system but under the exclusive operation of the head offices of the specialized import and export corporations.  For export from the Special Economic Zones and Hainan Administrative Region of Commodities that are not produced locally (including the export conducted in joint operation with areas outside the Zones and the Region and under the agency system) export licenses are required to be applied for and obtained.

(7) For the export of all kinds of commodities in the form of the Frontier Trade in Small Amount, the export licenses (including export licenses to be issued by the Ministry and the Special Commissioners Offices) are required to be applied to and obtained from the departments (commissions and bureaux) of foreign economic relations and trade of various provinces, autonomous regions, and the words "Frontier Trade in Small Amount" shall be written on the license under item "trade form".

(8) For the export of various foreign trade corporations of samples that falls within the scope of their business, no export license is required.  For the export of samples and exhibits beyond the scope of their business or by non-foreign trade organizations, departments under the State Council shall apply for export license to the Ministry of Foreign Economic Relations and Trade, while local units shall apply for export license to the departments (commissions and bureaux) of foreign economic relations and trade of various provinces, autonomous regions and municipalities directly under the State Council.

III.  Scope of issuing licenses and procedures of submitting report by all Special Commissioners Offices and administrative departments of foreign economic relations and trade of all provinces, autonomous regions and municipalities directly under the State Council

(1) The scope of export licenses to be issued by all administrative departments of foreign economic relations and trade of various provinces, autonomous regions and municipalities.

Export licenses for the following commodities are to be issued only by the major producing provinces:

Export license for frozen baby pork is to be issued by the foreign economic relations and trade departments (commissions) of Hunan, Guangdong and Zhejiang provinces;

Export license for big crabs is to be issued by the foreign economic relations and trade departments (commissions) of Jiangsu, Hubei, Anhui provinces;

Export license for Jinhua Ham is to be issued by the foreign economic relations and trade department of Zhejiang province;

Export license for raw lacquer is to be issued by the foreign economic relations and trade department of Hunan province;

Export license for reed curtain is to be issued by the foreign economic relations and trade commission of Tianjin municipality and foreign trade bureau of Shandong province;

Export license for reed is to be issued by the foreign economic relations and trade commission of Tianjin municipality, the foreign trade bureau of Shandong province and the foreign economic relations and trade department of Heilongjiang province;

Export license for cloisonne is to be issued by the foreign economic relations and trade commission of Beijing municipality;

Export licenses for pepermint and pepermint oil are to be issued by the Special Commissioners Office stationed at Shanghai;

Export licenses for soda ash and caustic soda are to be issued by the foreign economic relations and trade department of Tianjin municipality and the foreign trade bureau of Liaoning province.

(2) Export licenses are to be issued strictly in accordance with the principle of administering licenses at different levels.  Administrative departments of foreign trade at all localities and the Special Commissioners Offices shall not go beyond their power and jurisdiction in issuing export licenses nor would they accept applications for export license beyond their terms of references.  When problems arise, reports shall be made directly to the department of foreign trade administration of the Ministry of Foreign Economic Relations and Trade.

(3) No other units have the power to issue export license than the Ministry of Foreign Economic Relations and Trade, the administrative departments (commissions and bureaux) of foreign economic relations and trade of various provinces, autonomous regions and municipalities directly under the State Council and the Special Commissioners Offices stationed at the main port cities.

(4) Departments of foreign economic relations and trade of various provinces, municipalities directly under the State Council and autonomous regions (commissions and bureaux) and the Special Commissioners Offices are required to report once every month to the Ministry on the matter of the condition of export licenses that have been issued.