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.28

The Measures for the Administration of Licenses for the Export of Goods, which were adopted at the 17th executive meeting of the Ministry of Commerce on December 9th, 2004, are hereby promulgated and shall go into effect as of January 1st, 2005.

Minister Bo Xilai

December 10, 2004

Measures for the Administration of Licenses for the Export of Goods

Chapter I General Provisions

Article 1

With a view to reasonably allocating the resources, regulating the order of export business, constructing a fair and transparent trade environment, performing international conventions and treaties promised by our country, and maintaining the economic interests of the state and the national security, the present Measures are formulated according to the Foreign Trade Law of the People's Republic of China and the Regulation of the People's Republic of China on Administration of the Import and Export of Goods.

Article 2

The state shall adopts a uniform system of licenses for the export of goods. The state shall adopts the export license administration to the export goods under restriction.

Article 3

The Ministry of Commerce shall be the department of centralized administration of export licenses of the whole country, and shall be responsible for formulating the rules and regulations on the administration of export licenses, supervising and inspecting the implementation of the measures for the administration of export licenses and punishing the rule-breaking acts.

The Ministry of Commerce shall, together with the General Administration of the Customs, formulate, regulate, and promulgate the annual Catalogue for Goods Subject to the Administration of Export Licenses. The Ministry of Commerce shall be responsible for formulating, regulating and promulgating the annual Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses.

The Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses shall be promulgated by the Ministry of Commerce in the form of public notice.

Article 4

The Ministry of Commerce shall authorize the Quota License Affaires Bureau (hereinafter referred to as the License Bureau) to be in uniform charge and guide the work for the issuance of export licenses by the license-issuing agencies of the whole country. The License Bureau shall be responsible to the Ministry of Commerce.

Article 5

The License Bureau, the special commissioner's offices of the Ministry of Commerce in all localities (hereafter referred to as the local special commissioner's offices) and the commerce offices or bureaus and the commissions, offices or bureaus of foreign trade and economic cooperation of all the provinces, autonomous regions, municipalities directly under the Central Government, cities directly under state planning and other provincial capital cities authorized by the Ministry of Commerce shall be the export license issuing agencies, and shall, under the uniform administration of the Licenses Bureau, be responsible for the work of issuance of licenses within their respective authorized purview.

Article 6

The export licenses as referred to in the present Measures shall include export quota licenses and export licenses. For all the goods subject to the administration of export quota licenses and export licenses, a foreign trade operator (hereinafter referred to as an operator) shall apply for the export license to the designated license-issuing agency before export in light of provisions. The customs house shall accept the declaration and release the goods on the basis of the export license.

Article 7

No export license may be sold, transferred, altered, forged or changed.

Chapter II Application Documents To Be Submitted for Export Licenses

Article 8

When applying for an export license, the operator shall carefully fill in one application form (the original) for the export license according to the facts, and stamp on it with his seal. If the application is filed online, he shall carefully fill in the online electronic application form according to the facts and send it to the corresponding license-issuing agency.

Article 9

When applying for an export license, the operator shall submit the relevant export quota of goods or other relevant approval documents to the license-issuing agency.

Article 10

When applying for an export license, the operator shall submit to the license-issuing agency the Form for Archival Filing and Registration of a Foreign Trade Operator annexed with the special seal for archival filing and registration of the foreign trade operator or the Qualification Certificate of the Import and Export Enterprises of the People's Republic of China or the approval certificate for foreign-funded enterprises (the photocopy).

Chapter III Basis for Issuance of Export Licenses

Article 11

Every license-issuing agency shall issue export licenses pursuant to the following provisions on the basis of the scope in the Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as formulated by the Ministry of Commerce:

1.

For the export goods subject to the quota license administration, the export license shall be issued on the strength of the documents on quotas distributed by the Ministry of Commerce or the commerce offices (or bureaus), commissions (offices or bureaus) of foreign trade and economic cooperation of all the provinces, autonomous regions, municipalities directly under the Central Government, cities directly under state planning and other provincial capital cities authorized by the Ministry of Commerce (hereinafter referred to as the local competent departments of commerce) and the export contract of the operator (a photocopy of the original);

2.

For the export goods applying quota bidding, the export license shall be issued on the strength of the name list of the bid-winning operators and the quantity of bid-winning promulgated by the Ministry of Commerce, the Certificate for the Application of an Export License of Goods Applying Quota Bidding or the Certificate for the Transfer and Acceptance of Commodities Applying Quota Bidding, and the export contracts (a photocopy of the original) of the bid-winning operators.

3.

For the export of chemicals liable to produce drugs, the export license shall be issued on the strength of the Reply of the Ministry of Commerce on the Export of Chemicals Liable To Produce Drugs and the export contracts (a photocopy of the original) of the export operators.

4.

For the export of computers, the export license shall be issued on the strength of the Examination Form of Export Computer Technologies approved by the Ministry of Commerce and the export contracts (a photocopy of the original) of the export operators.

5.

For the export of chemicals under supervision and control, the export license shall be issued on the strength of the approval documents of the Office of State Leading Group for Performance of the Convention on Prohibition of Chemical Weapons and the export contracts (a photocopy of the original) of the export operators.

6.

For the export of ozonosphere-consuming materials, the export license shall be issued on the strength of the approval documents distributed by the Office of Import and Export Administration of Ozonosphere-consuming Materials of the state and the export contracts (a photocopy of the original) of the operators. And

7.

For other export goods subject to the export license administration, the export license shall be issued on the strength of the approval documents of the Ministry of Commerce and the export contracts (a photocopy of the original) of the operators.

Article 12

For goods under processing trade that are subject to export license administration, the license-issuing agency shall issue the export license pursuant to the Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses formulated by the Ministry of Commerce and on the strength of the Approval Certificate for Processing Trades issued by the department for examination and approval of processing trades authorized by the Ministry of Commerce and the approval documents for export (Goods subject to the administration of export quotas without using the quantity of quotas shall be based on the approval documents of the Ministry of Commerce) as prescribed in Article 11 of the present Measures, the customs declarations of import on processing trades and the export contracts (a photocopy of the original) of operators.

For the export of chemicals under supervision and control, chemicals liable to produce drugs, ozonosphere-consuming materials and other goods subject to the administration of international conventions in the form of processing trade, the export license shall be issued in pursuance of Article 11 of the present Measures.

Article 13

When exporting self-produced goods subject to export license administration (including goods produced with imported materials and exported again), the foreign-funded enterprise shall be treated according to the following provisions:

1.

For the export by a foreign-funded enterprise that has been approved, the license-issuing agency shall issue the export license on the strength of the quantity of export quotas for foreign-funded enterprises granted by the Ministry of Commerce. If the goods are subject to export quota bidding, the relevant approval documents as prescribed in Article 11 shall also be attached.

2.

For a foreign-funded enterprise that has been approved before the adjustment of the Catalogue for Goods Subject to the Administration of Export Licenses, if its export products become new goods subject to export license administration due to the adjustment, the Ministry of Commerce may check and ratify the export quotas for the foreign-funded enterprise on the strength of the approved business scope and export scale of production. And the license-issuing agency shall issue the export license on the strength of the quantity of export quotas of foreign-funded enterprises distributed by the Ministry of Commerce; and

3.

Where any investment project of a foreign-funded enterprise involves the export of goods subject to export license administration, the examination and approval may be made according to the procedures for examination and approval only after having been approved by the Ministry of Commerce in the phase of project initiation. For the projects failed to obtain the aforesaid approval, the Ministry of Commerce shall not grant export quotas, and the license-issuing agency shall not issue the export license.

Article 14

Where any solely -owned enterprise, joint venture enterprise or contractual joint venture enterprise of China established overseas or in Hong Kong and Macao needs the supply of domestic goods subject to export license administration, the license-issuing agency shall issue the export license in pursuance of Article 11 of the present Measures on the strength of the approval documents of the Ministry of Commerce and the approval certificate for overseas enterprises of the Ministry of Commerce or the approval certificate for processing and assembling enterprises with overseas materials of the Ministry of Commerce.

Article 15

Where any enterprise, which has the qualification to manage the foreign economic and technological cooperation upon the approval of the Ministry of Commerce, for the purpose of performing such project contracts as overseas contract engineering, labor service cooperation, design and consultation, and etc., exports equipments (including a whole set of equipments), materials, construction appliances and life materials for self-use of its personnel, which are part of the goods subject to the export license administration, the export license shall be issued in according to Article 11 of the present Measures.

Article 16

For goods subject to export license administration for self-use and needed to be transported out of China in the export of complete sets of equipments, the export license shall be issued according to Article 11 of the present Measures.

Article 17

For goods subject to export license administration for repayment of foreign loans or trade compensation, the license-issuing agency shall issue the export license according to the Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses on the strength of the export quotas granted by the Ministry of Commerce for repayment of foreign loans or that of the trade compensation. Where any juridical person, other organization or individual, which fails to go through procedures for archival filing and registration, undertakes the business of repayment of foreign loans or trade compensation, he shall do the export business by entrusting an operator as an agent who shall apply for the export license.

Article 18

When applying for export licenses, the operator shall declare faithfully in light of the present Measures, and may not falsify, or cheat to obtain the export license by means of false contract or fake documents.

Chapter IV Issuance of Export Licenses

Article 19

Every license-issuing agency shall issue the export licenses for the relevant export goods strictly according to the requirements in the annual Catalogue for Goods Subject to the Administration of Export Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses within 3 workdays as of the date of receiving the application coincident with the requirements. And no licenses may be issued in violation of the provisions. When exporting goods in the Catalogue for Goods Subject to the Administration of Export Licenses, the operator shall apply for an export license to the license-issuing agency as designated by the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses.

Article 20

The License Bureau, all local special commissioner's offices and local license-issuing agencies shall issue export licenses strictly according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as promulgated by the Ministry of Commerce. If online application for export licenses is carried out, the certificate issuance shall be made in light of the relevant procedures and provisions.

1.

The scope of licenses to be issued by the License Bureau:

(1)

according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as prescribed by the Ministry of Commerce, the export licenses within the scope of authorization of the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses; and

(2)

the export licenses of enterprises under the Central Government in Beijing.

2.

The scope of licenses to be issued by each local special commissioner's office:

(1)

according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as prescribed by the Ministry of Commerce, the export licenses to the operators within the contact area, the enterprises under the Central Government within the contact area, and the subsidiary companies of the enterprises under the Central Government in Beijing whose quotas are controlled by the local regions ;

(2)

according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as prescribed by the Ministry of Commerce, the export licenses for quota bidding goods of any operator within the contact area; and

(3)

the export licenses for other goods as prescribed by the Ministry of Commerce.

3.

The scope of licenses to be issued by each local license-issuing agency:

(1)

the export licenses to local operators according to the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses as prescribed by the Ministry of Commerce; and

(2)

the export licenses for other goods as prescribed by the Ministry of Commerce.

4.

Goods whose licenses are issued by the designated license-issuing agencies:

For all the goods whose licenses are issued by the license-issuing agencies as designated by the Catalogue for Graded License Issuance of Goods Subject to the Administration of Export Licenses, all operators shall apply export licenses to the designated license-issuing agency without exceptions.

Article 21

No license-issuing agency may issue any export license without quota, or exceeding quota, or exceeding the authority or the scope of license issuance. No staff member of any license-issuing agency may neglect his duty, seek private gains or misuse his authority during the performance of his duty, and may not seek for the property of other people by taking advantage of the convenience of his post or take the property of other people illegally for seeking interests for others.

Article 22

The administration of export licenses shall adopt the system of "one license for one customs house", "one batch, one license" and "non-one batch, one license". The "one license for one customs house" shall mean that one export license may only be declared at one customs house; and the "one batch, one license" shall mean that one export license may be used for customs declaration for once within the period of validity.

Under the following circumstances, the system of "non-one batch, one license" shall be implemented, and the "non-one batch, one license" shall be indicated in the remark column when issuing the export license:

1.

goods under export license administration of foreign-funded enterprises;

2.

goods under export license administration in compensation trade; and

3.

other goods under export license administration that adopts the system of "non-one batch, one license" as prescribed by the Catalogue for Goods Subject to the Administration of Export Licenses.

The "non-one batch, one license" shall mean that one export license may be used for customs declaration for many times within the period of validity but for twelve times at most. And the customs shall indicate in the column of "endorsement of customs examination and release" the times for export of the goods batch by batch.

Chapter V Handling of Exceptions

Article 23

The overloaded goods shall be large goods in bulk. The amount of overload shall be handled according to the international trade convention, that is, the amount of overload of large goods in bulk exported after customs declaration shall not exceed 5% of the amount of export as listed in the export license. In the case of large goods in bulk which do not adopt the system of "one batch, one license", the amount shall be deducted after checking according to the actual export amount when each batch of the goods is exported, and the amount of overload shall be calculated on the basis of the actual surplus export amount of the license and within 5% of the prescribed upper limit of the overload when the final batch of goods is exported.

The license-issuing agency shall issue the license for export of goods of this kind strictly according to the amount of export quota and the amount checked by the approval documents, verify and deduct the amount of quota according to the actual amount of the licenses issued, and shall not issue licenses on the basis of the amount of export quota or the amount checked by the approval documents plus the amount of overload allowed by international trade convention.

Article 24

Export licenses shall be exempted for goods subject to export license administration for projects of foreign economic aid. The relevant provisions on the certificate for examination and release shall be formulated and promulgated by the Ministry of Commerce, the General Administration of Customs and the State General Administration for Quality Inspection, Supervision and Quarantine.

Article 25

Provisions on exhibition articles, exhibition articles for sale and small articles for sale that are taken abroad (or out of the territory) to take part in or for holding exhibitions are as follows:

1.

The export licenses shall be exempted for not-for-sale exhibition articles under export license administration, which are taken abroad (or out of the territory) to take part in or for holding exhibitions. And the customs shall supervise, examine and release these articles after examination on the basis of the approval documents for the exhibitions by the department of examination and approval and the customs declaration on export goods. The entities participating in the exhibition shall, within 6 months after the end of the exhibition, carry back exactly the amount of the not-for-sale exhibition articles for cancellation by the customs after verification. Under special circumstances, the period may be postponed upon the approval of the customs.

2.

Where the exhibition articles for sale and the small articles for sale that are taken abroad (or out of the territory) for taking part in or holding exhibitions are subject to the export license administration, the entities taking part in the exhibitions shall apply to the license-issuing agencies as prescribed in the Graded License Issuance Catalogue for the export licenses without taking the export quotas on the strength of the approval documents by the department for examination and approval of foreign economic and trade exhibitions and the exhibition participation certificates by exhibition-holding institutions of foreign economic and trade exhibitions. And

3.

For the chemicals under supervision and control, chemicals liable to produce drugs, ozonosphere-consuming materials and other goods governed by international conventions, the export licenses shall be handled as normal export, and the provisions of items (1) and (2) of this Article shall not be applied.

Article 26

Provisions on the samples of export goods and on samples of goods under export license administration that need to be provided for cultural exchange and technology exchange are as follows:

1.

For the samples of goods or samples for experiment use, which are subject to the export license administration and shipped abroad (out of the territory) by an operator, if the value of each batch of goods are RMB 30,000 Yuan or less, the export license shall be exempted, and the customs shall check and release the goods on the strength of the customs declaration of the export samples filled in by the operator; if the value exceeds RMB 30,000 Yuan, the goods shall be regarded as being exported normally, and the operator may apply for an export license as required. The words "samples of goods" shall be indicated in the remark column of the export license. And

2.

For the chemicals under supervision and control, chemicals liable to produce drugs, ozonosphere-consuming materials and other goods governed by international conventions, the export licenses shall be transacted as normal export, and the provisions of item (1) of this Article shall not be applied.

Article 27

If the donations provided by the Chinese government to foreign countries in light of the agreement or temporary decision between the two governments, or the materials presented by the Chinese government or organization to the government or organization of the other country based on the friendship, are subject to the export license administration, the export license shall be issued on the strength of the relevant agreements or decisions without taking export quotas.

For other donations subject to export license administration, the export license shall be issued according to Article 11 of the present Measures.

Chapter VI The Periods of Validity of Export Licenses

Article 28

The period of validity of export quota shall be before December 31 of the current year (including December 31), unless it is otherwise specified. The operator shall apply for an export license to the license-issuing agency within the period of validity of the quota.

Article 29

Every license-issuing agency may issue export licenses of the next year in light of the export quotas granted by the Ministry of Commerce or every local competent department of commerce from December 16 of the current year.

Article 30

The period of validity of an export license shall not exceed 6 months. If it is necessary to use an export license crossing years, the deadline for the period of validity of the export license shall not exceed the end of February of the next year.

Where any goods under quota license administration is exported in the form of processing trade, the period of validity of the export license shall be determined pursuant to the time limit for the export as checked and ratified by the Approval Certificate for the Business of Processing Trade, but shall not exceed the end of February of the next year. If the time limit for export checked and ratified pursuant to the Approval Certificate for the Business of Processing Trade exceeds the end of February of the next year, the operator shall apply for extension to the original license-issuing agency before the end of February. The license-issuing agency shall take back the original certificate and write off it in the license-issuing system, reissue the export license within the time limit for export as determined pursuant to the Approval Certificate for the Business of Processing Trade after deducting the amount that has been used, and indicate in the remark column the extension for use and the number of the original certificate.

The Ministry of Commerce may adjust the period of validity and the application time of export licenses of certain goods according to the specific circumstances.

The export license shall be used within the period of validity; and if it exceeds the time limit, it shall be invalidated automatically, and the customs shall not release the goods.

Article 31

In case an export license fails to be used within the period of validity due to some reasons, the operator shall apply for extension to the original license-issuing agency within the period of validity of the export license. The license-issuing agency shall take back the original license, write it off in the license-issuing computer management system, reissue an export license and indicate in the remark column the extension for use and the number of the original license.

In case an export license is not fully used within the period of validity due to some reasons, the operator shall apply for extension for the unused part to the original license-issuing agency within the period of validity of the export license. The license-issuing agency shall take back the original license and cancel it after verification in the license-issuing system, then reissue an export license after deducting the amount that has been used, and indicate in the remark column the extension for use and the number of the original license.

Where an extension for any export license is handled by using the export quota of the current year, the extension period shall not exceed the end of February of the next year of the period of validity of the export quota of the current year. If the period of validity has been the end of February of the next year of the period of validity of the export quotas of the current year, the extension shall not be permitted.

In case an application for extension fails to be filed within the period of validity of an export license, the export license shall be invalidated automatically after expiration of the time limit. The license-issuing agency shall not go through the formalities for extension of the license any longer. And the amount of goods under the export license shall be regarded as being automatically given up by the quota holder.

Article 32

After an export license is issued, no entity or individual may alter the contents on the face of the license without approval. Where it is necessity to alter the contents on the face of the license, the operator shall return the export license to the original license-issuing agency within the period of validity of the export license, and reapply for an export license.

Article 33

In case an export license that has been received is lost, the operator shall report it in written form to the customs house at the export port as indicated on the face of the license and the relevant license-issuing agencies at once, and publish an "Announcement of Loss " in national economic newspapers and periodicals. The license-issuing agency may, after verifying that the license really has not passed through the customs, write off the license on the strength of the Announcement of Loss and issue a new license.

Article 34

If such entities as the customs, industry and commerce, public security, disciplinary inspection or the court need to make inquiry about or investigation into any export license to any license-issuing agency, it shall show the relevant certificate according to law, and then may the license-issuing agency accept the inquiry or investigation.

Article 35

Where the license-issuing agency is adjusted for any goods subject to the administration of export license administration, the original license-issuing agency shall not reissue the export license for the goods as of the date of adjustment, and shall report the application conditions of the operator before the adjustment to the license-issuing agency. The license applied for and received by the operator before the adjustment shall be effective continuously within the period of validity. If the license is not used or not fully used within the period of validity, the operator shall go through the formalities for extension to the adjusted license-issuing agency as required.

Chapter VII Inspection and Punishment

Article 36

The Ministry of Commerce shall authorize the License Bureau to make regular inspections on each license-issuing agency. The inspection shall involve the implementation of the present Measures by the license-issuing agency, and shall focus on whether there are issues on issuing license by exceeding quotas, without quotas or exceeding the authority or grades in violation of regulations and other issues in violation of the present Measures. The method of combining regular or irregular self-inspection of each license-issuing agency with the spot check of the License Bureau shall be applied as the ways of inspection.

The License Bureau shall report the inspection conditions to the Ministry of Commerce.

Article 37

Every license-issuing agency shall transmit in time the data on license issuing pursuant to the provisions of the Ministry of Commerce on online checking of licenses to ensure that the operators may successfully declare and ensure the checking of the customs. It shall carefully check up the checked data fed back by the customs, and inspect in time the conditions for use of the licenses and find out the current problems. The License Bureau shall report the checked data fed back by the customs being verified to the Ministry of Commerce periodically.

Article 38

In case any license-issuing agency issues licenses by exceeding quotas, without quotas or exceeding its authority or grades in violation of Article 21 of the present Measures, the Ministry of Commerce shall give it warnings, suspend or cancel its right to issue licenses and other punishments according to the circumstances.

Article 39

Any operator who forges, alters or sells and buys export licenses shall be subject to criminal liabilities according to the provisions of the Criminal Law on the crime of illegal management, or crimes of forging, altering, selling and buying the documents, certificates or seals of the state departments. If it is not serious enough to be subject to criminal liabilities, he/it shall be punished according to the relevant provisions of the customs law and the relevant laws and regulations.

In case any one obtains the export license by cheating or other illegal means, the Ministry of Commerce shall withdraw its/his export license.

The Ministry of Commerce may prohibit any violator from undertaking the relevant foreign trade business activities within one to three years from the day when the decision on administrative punishment in the preceding two paragraphs becomes effective or from the day when the judgment on criminal punishment becomes effective. Within the period of prohibition, the customs shall not go through formalities for customs declaration and release of relevant goods of the operator according to the prohibition decision made by the Ministry of Commerce according to law, and the foreign exchange management department or the designated foreign exchange banks shall not go through the relevant formalities for settlement and sale of foreign exchange.

Article 40

Any license issued by exceeding quotas, without quotas or exceeding the authority or grades shall be invalidated. For the export licenses involved in Articles 37 and 38, the Ministry of Commerce shall revoke them at once on the discover of the facts after investigation. For the issues concerning the aforesaid licenses discovered by the customs during actual supervision or case handling, the license-issuing agency shall give a clear reply.

Article 41

Where any entity that organizes or participates in any exhibition violates the relevant provisions of paragraph one of Article 25 , and fails to carry back the exact amount of the not-for-sale exhibition articles subject to the export license administration for the customs to cancel them after verification, the customs shall notify the Ministry of Commerce of it. The Ministry of Commerce and the department for examination and approval of foreign economic and trade exhibitions shall give warnings to the aforesaid entity, suspend the examination and approval for its oversea (out-of-territory) exhibition articles for one to two years according to the circumstances.

Article 42

Where any staff member of any license-issuing agency violates Article 21 of the present Measures and constitutes a crime, he shall be subject to criminal liabilities according to the relevant provisions of the Criminal Law of the People's Republic of China. If any staff member of any license-issuing agency violates the present Measures, which is not serious enough to constitute a crime, he shall be transferred from his work post and be subject to administrative punishment according to Articles 32 and 33 of the Interim Regulation on National Public Servants.

Chapter VIII Supplementary Provisions

Article 43

The relevant existing provisions shall be followed for the goods in other regions within the territory of China customs entering the bonded warehouses, bonded zones and export processing zones. And the existing provisions shall be followed for the export of goods in the export supervision warehouses, bonded zones and export processing zones.

Article 44

The relevant existing provisions shall still be followed for the export license administration under border trade.

Article 45

The present Measures shall not be applied to the goods subject to the Export License for Sensitive Items and Technology.

Article 46

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

Article 47

The present Measures shall go into effect as of January 1st, 2005. The Provisions on Export License Administration (Order No.9 [2001] of the Ministry of Foreign Trade and Economic Cooperation) as printed and distributed by the former Ministry of Foreign Trade and Economic Cooperation shall be abolished simultaneously.