Laws of the People's Republic of China

General Office of the Ministry of Commerce

Notice of General Office of the Ministry of Commerce on the Relevant Issues about the Implementation of the Measures for the Administration of Processing Trade in Export Processing Zones

Shang Ji Dian Zi [2006] No. 5

To the competent departments of commerce of Beijing, Tianjin, Hebei, Liaoning, Jilin, Shanghai, Jiangsu, Zhejiang, Anhui, Fujian, Shandong, Henan, Hubei, Guangdong, Guangxi, Chongqing, Sichuan, Shaanxi, Xinjiang, Dalian, Qingdao and Shenzhen,

For the purpose of further regulating the administration of export processing zones and promoting the healthy development of processing trade, the Ministry of Commerce promulgated the Interim Measures for the Administration of Processing Trade in Export Processing Zones (Order No. 27 [2005] of the Ministry of Commerce, hereinafter referred to as the Measures) in November 2005. Article 6 and article 14 of the Measures respectively prescribe that the processing trade businesses inconsistent with the requirements for the industrial policy development of the state, such as the processing trade business of high consumption or heavy pollution, etc. are prohibited from being carried out inside the export processing zones, and no dismantling or renewal business shall be carried out inside an export processing zone. The Measures shall come into force as of January 1, 2006, and the administrative commission of each export processing zone shall not continue to approve any processing trade business which is carried out inside the export processing zone as prohibited by the Measures.

As to the processing trade business that has been approved by the administrative commission of the export processing zone prior to the implementation of the Measures but is prohibited from carrying out inside the export processing zone, the administrative commission of the export processing zone shall submit an statement of the enterprise and its business operations, the opinions of the administrative commission on approving the continuation of business, the opinions and other relevant materials of the competent customs, local environmental protection and industrial departments, etc. to the Ministry of Commerce for archival filing through the competent department of commerce of the province, autonomous region, or municipality directly under the Central Government before March 31, 2006. The Ministry of Commerce shall study and formulate a solution in light of the actual situations together with the General Administration of Customs, State Environmental Protection Administration and other relevant industrial administrative departments of the State. If the report is not made within the time limit, the relevant processing trade business of the enterprise shall be suspended.

It is hereby notified.

General Office of the Ministry of Commerce of the People's Republic of China

February 17, 2006