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Order of the Ministry of Commerce and the General Administration of Customs
No. 6 Measures for the Classified Administration on the Export of Components and Parts of Civil Aviation, which have been deliberated and
adopted at the 5th executive meeting of the Ministry of Commerce on May 17th, 2006, are hereby promulgated upon the approval of the
General Administration of Customs, and shall come into force 30 days later after the promulgation.
Bo Xilai, the Minister of the Ministry of Commerce
Mu Xinsheng, the Director of the General Administration of Customs
August 1st, 2006 Measures for the Classified Administration on the Export of Components and Parts of Civil Aviation Article 1 With a view to perfecting the export control of dual-use items and technologies and facilitating the export of components and parts of civil aviation, the present Measures are formulated in accordance with the Foreign Trade Law of the People's Republic of China and the Regulations of the People's Republic of China on Controlling the Export of Missiles and Related Items and Technologies.
Article 2 The term "components and parts of civil aviation" as mentioned in the present Measures refers to the items that are subject to the control of the Regulations of the People's Republic of China on Controlling the Export of Missiles and Related Items and Technologies and are used for civil aviation (for the names and customs codes, please see "items and technologies listed in the checklist of missiles and related items and technologies export in ", Attachment 1 the Administration Catalogue of Import and Export Licenses of Dual-Use Items and Technologies of the Measures for the Administration of Import and Export License of Dual-Use Items and Technologies).
Article 3 The classified administration on licenses shall be adopted on the export of components and parts of civil aviation.
The management on export permit documents shall be adopted for the components and parts of civil aviation exported by such means as "Goods for Repair" (Code No. 1300), "Temporarily Imported & Exported Goods" (Code No. 2600), "Goods in Bonded Warehouses" (Code No. 1233), "Leased for Less Than One Year" (Code No. 1500), and "Leasing Trade" (Code No. 1523).
As for the components and parts of civil aviation exported by any means other than the customs supervision means as described in the preceding paragraph, the export license administration of dual-use items and technologies shall still apply the Measures for the Administration on Import and Export Licenses of Dual-Use Items and Technologies (Order No. 29 [2005] of the Ministry of Commerce and the General Administration of Customs).
Article 4 The exporter of components and parts of civil aviation (hereinafter referred to as exporter) shall file an application for the Export Permit Document with the Ministry of Commerce and submit the following materials: (1) The application for export permit; (2) The statement of the names (including the model number), producing countries and manufacturers of the components and parts of civil aviation to be exported; (3) The statement of the export purposes, ports of entry and importing countries (regions); (4) The guarantee document that the exporter shall abide by the laws and regulations and relevant provisions on export control of the state; (5) Other documents as required by the Regulations of the People's Republic of China on Controlling the Export of Missiles and Related Items and Technologies.
Article 5 The Ministry of Commerce shall accept the application after receiving the complete and effective application materials, and issue an Export Permit Document to the qualified applicant within the examination time limit as stipulated in the Regulations of the People's Republic of China on Controlling the Export of Missiles and Related Items and Technologies.
In the Export Permit Document, such contents shall be specified as the exporter, customs supervision means, importing country (region), name and customs code (including the model number) of the components and parts of civil aviation and the effective date of the Document and port of entry (for the format see attachment).
Article 6 The exporter may, upon the strength of the Export Permit Document, go through customs clearance formalities for two or more times within the effective date of the Document with no limit on the times of customs declaration and export amount.
Article 7 The customs house shall, upon the original copy of Export Permit Document issued by the Ministry of Commerce, conduct export inspection and clearance formalities for the components and parts of civil aviation as listed in Paragraph 2, Article 3 of the present Measures, and retain the photocopy of the Export Permit Document and the declaration form for archival filing. The original copy of the Export Permit Document shall be returned to the exporter or the agent.
Article 8 The exporter shall, within 30 days as of the expiration of the effective date of the Export Permit Document, report to the Ministry of Commerce issues as follows, the export time, model numbers, quantities, trade method, importing countries (regions), importers, end users, end users and the ports of entry of the components and parts of civil aviation exported under the Export Permit Document.
Article 9 In order to prepare the selective inspection of the Ministry of Commerce, the exporter shall keep the relevant contracts, invoices, account books, documents, records, files, business letters and phone calls, sound and video recordings and other materials for at least 5 years .
Article 10 Where an exporter violates the provisions of the present Measures, the Ministry of Commerce shall give him an admonition and impose upon it a fine of less than 30,000 Yuan. When it is necessary, the Ministry of Commerce may, according to the Foreign Trade Law of the People's Republic of China and other relevant laws and regulations, order it to make corrections within a certain time limit and cancel its Export Permit Document, and may not accept its application for an Export Permit Document within 3 years, or forbid it to engage in the export business activities of relevant commodities within a certain time limit of not less than 1 year but not more than 3 years.
The exporter violating the relevant laws and regulations on export control shall be punished according to relevant provisions.
Article 11 The power to interpret the present Measures shall remain with the Ministry of Commerce and the General Administration of Customs in light of their respective functions.
Article 12 The present Measures shall come into force 30 days later after the promulgation.
Attachment: The format of Export Permit Document The format of the Export Permit Document Reply of the Ministry of Commerce on Approving the Export of XX (the name of the components and parts of civil aviation) by XXCompany Shang Chan Pi No. XX [200X] XXCompany:
Your application materials have been received. Upon consideration, a reply is made to you as follows:
1. Your company is hereby approved to engage, through the XXmeans of customs supervision (Code No.XX), in the business of exporting XX(name, customs code and model of the components and parts of civil aviation) to XXcountry (region) at XX(port of entry) before XX (date).
2. Your company shall strictly abide by the laws and regulations and other relevant provisions on export control of the state, intensify the administration, and summarize and report the relevant situation to the Ministry of Commerce (the Industry Department) within 30 days as of the expiration of the effective date of the present Document.
3. This Reply shall come into force as of the date of its promulgation.
Ministry of Commerce
XX(Date) |
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