Laws of the People's Republic of China

the Ministry of Commerce

Order of the Ministry of Commerce of the People's Republic of China

No. 3

The Interim Measures for Voluntary Licensing for Export of Textile Products, which were adopted at the 2nd executive meeting of the Ministry of Commerce on January 30, 2005, are hereby promulgated and shall come into force as of March 1, 2005.

Minister of the Ministry of Commerce Bo Xilai

February 6, 2005

Interim Measures for Voluntary Licensing for Export of Textile Products

Article 1

In order to strengthen the statistical analysis and monitoring to the textile export and promulgate in time the early-warning information on the textile export to the export dealers, the present Measures are formulated in accordance with the Foreign Trade Law of the People's Republic of China.

Article 2

The Ministry of Commerce shall be the administration department for the administration of voluntary licensing for the export of textile products, and be responsible for formulating and adjusting the Catalogue of Textile Products Subject to Voluntary Licensing for Export together with the General Administration of Customs, and promulgate it in the form of announcement of the Ministry of Commerce 30 days before its implementation, or no later than 21 days before its implementation under special circumstances. The textile products as listed in the Catalogue for Textile Products Subject to Voluntary Licensing for Export shall be subject to the administration of voluntary export licensing through a Voluntary Export License for Textile Products.

Article 3

The Ministry of Commerce shall authorize the Quota Licensing Bureau to uniformly manage and guide the license-issuing work of the license-issuing agencies (see Attachment I for the name list of license-issuing agencies) throughout the country. The Quota Licensing Bureau shall answer for the Ministry of Commerce.

The Quota Licensing Bureau and all local commercial administrative departments shall be the license-issuing agencies of Voluntary Export Licenses for Textile Products, and shall, under the uniform administration of the Quota Licensing Bureau, be responsible for the license-issuing work within their respective authorized scopes.

Article 4

Voluntary Export Licenses for Textile Products (see Attachment II for the sample of certificates) and the special seal for voluntary export licenses (see Attachment III for the sample of the seal) shall be made under the uniform supervision of the Ministry of Commerce and issued to the license-issuing agencies by the Ministry of Commerce. All license-issuing agencies shall appoint a special person to keep the seal that shall be used only for special purpose.

Article 5

Before an export dealer goes through the formalities for export declaration at the customs for any commodity as listed in the Catalogue of Textile Products Subject to Voluntary Licensing for Export, he shall make a voluntary licensing application to the license-issuing agency and submit the following materials in written form:

1.

the application form for voluntary export licenses for textile products (see Attachment IV for the sample form, and an export dealer may obtain it at the license-issuing agency or download it from the website of the Ministry of Commerce and print it); and

2.

the export contract of goods.

In addition to the aforesaid materials, an export dealer who applies for a Voluntary Export License for Textile Products for the first time shall provide the photocopies of the following materials to all license-issuing agencies:

1.

its business license;

2.

its qualification certificate for an import and export enterprise or the registration form for foreign trade dealers or the approval certificate for a foreign-invested enterprise; and

3.

The qualified certification materials on the annual examination of the enterprise or on the joint annual examination of the foreign-invested enterprises (with the exception of newly established enterprises);

The export dealer shall provide the aforesaid materials again to all license-issuing agencies in time if there is any change thereof after the archival filing.

The export dealers shall be responsible for the authenticity of the submitted materials, and ensure that their business activities accord with the state laws and regulations. The license-issuing agency may charge the export dealers to make amendments in case it finds any mistake in the aforesaid materials.

Article 6

The export dealer may apply for a Voluntary Export License for Textile Products on the Internet. In the case of any application online, the export dealer may log on a designated website, enter into a relevant application system and fill in online an application form for voluntary export licenses for textile products (a spreadsheet) according to requirements.

Any export dealer, who files an application for a license on the Internet, shall provide the license-issuing agency with written materials as stipulated in Article 5 .

Article 7

Every license-issuing agency shall issue a Voluntary Export License for Textile Products within 10 working days as of the receipt of a correct and complete application for voluntary licensing.

Article 8

When handling formalities related to the export of textile products, the customs shall check the Voluntary Export License for Textile Products affixed with a special seal for voluntary export licenses.

Article 9

The Ministry of Commerce shall regularly publish on the government website the information on the commodities involved in the Catalogue of Textile Products Subject to the Voluntary Licensing for Export.

Article 10

The systems of "one license for one batch" and "one license for one customs" shall be implemented to Voluntary Export Licenses for Textile Products, which shall be effective within a Gregorian calendar year for a period of three months and shall become invalid upon expiration. No one may sell and buy, transfer, alter, forge or sell off any Voluntary Export License for Textile Products.

Article 11

In case the Voluntary Export License for Textile Products is lost, the export dealer shall immediately report the loss in written form to the original license-issuing agency and the customs of the clearance port as indicated on the Voluntary Export License for Textile Products. The original license-issuing agency shall, at receipt of the loss report and upon verification of no harmful consequences, reissue a license.

Article 12

Where anyone exports any textile product subject to the management of voluntary export licensing without applying for a Voluntary Export License for Textile Products, he shall be punished by the customs according to the provisions of the relevant laws and administrative regulations.

Article 13

Where anyone forges, alters or traffics in any Voluntary Export Licenses for Textile products or obtains one by unwarrantable means, he shall be punished according to the provisions of the relevant laws and administrative regulations.

Article 14

The system of voluntary export licensing for textile products shall be applicable to the export to the whole world or important countries or regions under any trade fashion. The specific method of supervision shall be found in Attachment V.

Article 15

Textile products as listed in Catalogue of Textile Products Subject to Voluntary Licensing for Export, which enter bonded areas, export processing zones or other special areas under the special supervision of the customs from the outside bonded areas within China, shall be handled according to the provisions in the Measures on the Customs Supervision over Bonded Areas (Guo Han [1997] No.48) and the Interim Measures of the General Administration of Customs of the People's Republic of China on the Supervision over Export Processing Zones (Order No.389 of the State Council).

Article 16

The power to interpret the present Measures shall remain with the Ministry of Commerce.

Article 17

The present Measures shall come into force as of March 1st, 2005.