Laws of the People's Republic of China

The Ministry Of Foreign Trade and Economic Cooperation

Order of the Ministry of Foreign Economic Relations and Trade of the People's Republic of China

No.9

According to the Foreign Trade Law of the People's Republic of China and the Regulations of the People's Republic of China on the Administration of Import and Export of Goods, the Provisions on the Export License Administration has been discussed and adopted at the 9th Ministerial Meeting of the Ministry of Foreign Trade and Economic Cooperation and been approved by the General Administration of Customs, is hereby promulgated and shall come into force on January 1, 2002.

Minister of Foreign Trade and Economic Cooperation: Shi Guangsheng

December 20,2001

Provisions on the Export License Administration

Chapter 1 General Provisions

Article 1

Export license administration is an important means of export administration. In order to rationally allocate the resources, to regulate the order of export business, to create a fair trade environment; to perform the international conventions and treaties promised by China, and to safeguard the economic interests and the safety of the State; these Provisions have been formulated according to the Foreign Trade Law of the People's Republic of China and the Regulations of the People's Republic of China on the Administration of Import and Export of Goods.

Article 2

In any of the following situations, the State may apply the export quota license or export license administration:

1.

It is needed to restrict exports to safeguard the State safety or the public interests;

2.

It is needed to restrict exports because of short domestic supply or the need to protect domestic resources that might be used up;

3.

It is necessary to restrict exports of agriculture, animal husbandry or fishery products in any form;

4.

It is needed to restrict exports according to the provisions of the international conventions or treaties that the People's Republic of China has entered into or accessed to.

Article 3

The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as "MOFTEC") is the department of centralized administration of the export licenses of the whole country and is responsible for formulating ordinances, rules and regulations of export license administration, promulgating the commodity catalog of export license administration, supervising and inspecting the enforcement of the provisions of export license administration and punishing the violations of rules.

Article 4

MOFTEC shall authorize the quota license bureau (hereinafter referred to as the "license bureau") to uniformly administrate and direct the issuance of export licenses of the license issuing agencies of the whole country, and the license bureau shall be accountable to MOFTEC.

Article 5

The license bureau and the accredited representatives' offices under the MOFTEC sent to localities entrusted by the license bureau to issue the licenses (hereinafter referred to as the "representatives' offices") and the committees (departments, bureaus) of foreign trade and economic cooperation of the provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan (hereinafter referred to as the "license issuing agencies of the localities") are the export license issuing agencies, which shall be responsible for the license issuing work within the authorized scope under the uniform administration of the license bureau.

Article 6

Export licenses are the legal basis by which the State administrates the exit of goods. For all the commodities under the export quota license administration and the export license administration, import and export enterprises of various kinds shall apply to the designated license issuing agencies for drawing the export licenses, and customs officials shall accept the declaration and release the commodities, if it is in order, after examination based on the export licenses.

Article 7

No one may trade, transfer, forge or alter the export licenses.

Chapter 2 Issuance of Export Licenses

Article 8

All the license issuing agencies shall, strictly according to the requirements of the annual Commodity Catalog under Export License Administration (hereinafter referred to as the Commodity Catalog) and the Catalog of Graded Issuance of Export Licenses (hereinafter referred to as the Graded Issuance Catalog) promulgated by MOFTEC, issue the export licenses for the relevant export commodities within 3 workdays of the day of receipt of applications, and may not issue the licenses in violation of the rules. Where the whole country's import and export enterprises of various kinds export the commodities listed in the Commodity Catalog, they shall apply to the license issuing agencies as designated in the Graded Issuance Catalog for drawing the export licenses.

Article 9

The license bureau, the representatives' offices and the license issuing agencies of the localities shall issue the export licenses strictly according to the Graded Issuance Catalog promulgated by MOFTEC. The details are as follows:

1)

License issuance scope of the license bureau:

1.

issuing export licenses within the scope authorized by the Graded Issuance Catalog according to the Graded Issuance Catalog provided by MOFTEC.

2.

export licenses for the enterprises in Beijing are under the central administration.

3.

export licenses needed for State units that have not met the qualifications for import and export management to transport goods out of China.

2)

License issuance scope of the representatives' offices:

1.

issuing the export licenses for the various kinds of import and export enterprises in the associated areas, the enterprises under central administration in the associated areas and the subsidiary companies, of which the quotas are under local administration, of the enterprises in Beijing under central administration;

2.

issuing the export licenses for the commodities needing quota bidding and paid use of quota of the various kinds of import and export enterprises in the associated areas;

3.

issuing the export licenses for the other commodities prescribed by MOFTEC.

3)

License issuance scope of the license issuing agencies of the localities:

1.

issuing the export licenses for the various kinds of import and export enterprises of their respective localities according to the Graded License Issuance Catalog provided for by MOFTEC;

2.

the export licenses needed for the units without qualifications for import and export management of the localities to transport goods out of China.

3.

issuing the export licenses for the other commodities provided by MOFTEC.

4)

Commodities for which the licenses are issued by the designated license issuing agencies:

For all the commodities for which the licenses shall be issued by the designated license issuing agencies, the various kinds of import and export enterprises of the whole country shall all go through the procedures for drawing up a license at the designated license issuing agencies. The designated license-issuing agency of the main place of origin shall formulate the license issuance measures with respect to the commodities for which the licenses issuance is authorized by the Graded License Issuing Catalog according to these Provisions, and shall implement those measures after reporting to and obtaining approval from MOFTEC.

5)

The on-line application for drawing export licenses shall be handled according to the relevant procedures and provisions.

Article 10

The license issuing agencies may not issue the export licenses without quota, exceeding the quotas, beyond their authorities or beyond the license issuance scope. The functionaries of the license issuing agencies may not, in the performance of their duties, practice favoritism and frauds, abuse the powers, neglect their duties or take the advantage of their duties to accept or demand property from others.

Article 11

Export license administration shall apply the "one license for one customs" system and the "one approval for one license" system, however, the system of "one approval for one license" is not applicable to any of the following situations:

1)

commodities under export license administration of enterprises with foreign investment;

2)

commodities under export license administration in compensation trade;

3)

other commodities under export license administration not applying the "one approval for one license" as prescribed in the Commodity Catalog.

Article 12

No unit or individual may change the contents of the license once the license is issued; if it is needed to change the contents of the license, the original license issuing agency shall take back the original license within the valid term and reissue the export license.

Chapter 3 Documents Needed to Submit for Application for Drawing Export Licenses

Article 13

Export license application form and export contract

Various kinds of export enterprises shall, when applying for export licenses, submit the export contracts (original and copy) of the relevant export commodities to the license issuing agencies, and shall fill in one piece of application form for export license (original) carefully and truthfully.

Article 14

Certifications of export quota.

Various kinds of export enterprises shall, when applying for export licenses for the commodities under export quota administration, submit one piece of the documents of approval (copy) for the quota of the relevant export commodities. In case of exports of commodities for which paid bidding for export quota shall be conducted, the list of the bid-winning enterprises and the Certificate for the Transfer and Acceptance of the Commodity Quotas Inviting Bids or the Certificate for the Application for Export License for the Commodity Needing Quota Bidding.

Article 15

Certifications proving that the export enterprise has the power of export management.

This document refers to the Qualification Certificate for Import and Export Enterprise of the People's Republic of China, in case of exports of the commodities managed by the designated export enterprises, the ratification documents of MOFTEC shall be provided.

Article 16

Prices of export commodities shall be in accord with the export prices recommended by the chambers of commerce.

The license issuing agencies shall stress on the examination and verification of the prices of export commodities when examining the export contracts, the commodity prices on the export licenses issued shall be the same as the prices in the export contracts; but when the prices in the export contracts are lower than the recommended export prices fixed by the relevant chambers of commerce, the license issuing agencies shall refuse to issue the export licenses.

Chapter 4 Basis for Issuance of Export License

Article 17

The license issuing agencies shall, according to the scope of the Commodity Catalog and the Graded License Issuance Catalog formulated by MOFTEC, issue the export licenses according to the following provisions:

1)

For the export commodities under quota license administration, the export licenses shall be issued based on the documents by which MOFTEC or the committees (departments, bureaus) of the provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan (hereinafter referred to as the "departments in charge of foreign trade and economic cooperation of the localities") distribute the quotas, and based on the export contracts (original and copy) of the export enterprises.

2)

For the exports of commodities applying paid bidding for quotas, the export licenses shall be issued based on the list of the bid-winning enterprises and the quantities of bid-winning promulgated by MOFTEC, the Certificate for the Application for Export License for Commodities Applying Quota Bidding or the Certificate for the Transfer and Acceptance of Commodities Applying Quota Bidding, and the export contracts (original and copy) of the bid-winning enterprises.

3)

For the exports commodities applying free quota bidding, the export licenses shall be issued based on the list of the bid-winning enterprises and the quantities of bid-winning promulgated by MOFTEC, the certificates for bid-winning or the certificates for transfer and acceptance issued by the bidding offices, and the export contracts (original and copy) of the bid-winning enterprises.

4)

For the exports commodities under the administration of paid use of quota, the export licenses shall be issued based on the Certificate for Application for Export License of Commodities Applying Paid Use of Quota and the export contracts (original and copy) of the export enterprises.

5)

For the exports of nuclear products and the exports of nuclear dual-use products and relevant technologies, the export licenses shall be issued based on the documents of approval of MOFTEC and the export contracts (original and copy) of the enterprises.

6)

For the exports of chemicals with potential to generate poison, the export licenses shall be issued based on the Reply on Export of Chemicals with Potential to Generate Poison of MOFTEC and the export contracts (original and copy) of the export enterprises.

7)

For the export of heavy water, the export licenses shall be issued based on the documents of approval of the State Leading Group Office of the Performance of the pact on Prohibition of Chemical Weapons and the export contracts (original and copy) of the export enterprises.

8)

For the export of computers, the export licenses shall be issued based on the Examination Form of Export Computer Technologies approved by MOFTEC and the export contracts (original and copy) of the export enterprises.

9)

For the exports of chemicals under supervision and control, the export licenses shall be issued based on the documents of approval of the State Leading Group of the Performance of the pact on Prohibition of Chemical Weapons and the export contracts (original and copy) of the enterprises.

10)

For the exports of ozone-depleting materials, the export licenses shall be issued based on the documents of approval handed down by the Administration Office of Import and Export of Ozone-Depleting Materials and the export contracts (original and copy) of the enterprises.

11)

For other export commodities under export license administration, the export licenses shall be issued based on the documents of approval or the provisions of MOFTEC, and the export contracts (original and copy) of the export enterprises.

Article 18

For the commodities in processing trade under export license administration, the license issuing agencies shall, according to the Commodities Catalog and the Graded License Issuance Catalog, issue the export licenses based on the Certificate of Approval for Processing Trade Businesses issued by the examination and approval organs authorized by MOFTEC and the relevant documents of approval for exports (excluding the commodities under the export quota administration but occupying no quota), the Registration Manual of Processing Trade of the customs and the export contracts (original and copy) of the export enterprises.

Article 19

Where enterprises with foreign investment export the self-produced commodities under the export license administration (including the re-exported commodities of processed import materials), the following procedures shall be followed:

1)

For the exports by enterprises with foreign investment that have been approved, the license issuing agencies shall issue the export licenses based on the number of export quotas of enterprises with foreign investment granted by MOFTEC, for the exports of the commodities applying paid bidding, paid use of and free bidding for export quotas, the relevant documents of approval as prescribed in Article 17 shall be attached.

2)

For the enterprises with foreign investment that have been approved before the adjustment of the catalog of commodities under export license administration and whose export products have newly become the commodities under license administration as a result of the adjustment, MOFTEC may ratify the export quotas of the enterprise with foreign investment according to the approved business scope, and the production and export scale, and the license issuing agencies shall issue the export licenses based on the number of export quotas of the enterprise with foreign investment granted by MOFTEC.

3)

The investment projects of enterprises with foreign investment involving the exports of commodities under export license administration shall be reported to MOFTEC for approval at the stage of project initiating, only after that may they go through examination and approval according to the examination and approval procedures. For the projects failing to get the aforesaid approval, MOFTEC shall not grant the export quotas and the license issuing agencies shall not issue the export licenses.

Article 20

Where Chinese-foreign equity joint ventures, Chinese-foreign contractual cooperative enterprises and solely enterprises with foreign investment set up overseas and in Hong Kong or Macao by China need domestic supplies of the commodities under export license administration after establishment and start of production, the license issuing agencies shall issue the export licenses according to Article 17 of these Provisions based on the documents of approval of MOFTEC and the Certificate of Approval for Overseas Enterprises issued by the MOFTEC or the Certificate of Approval for Overseas Processing Trade Enterprises issued by the MOFTEC.

Article 21

Where the enterprises with the approval of MOFTEC have the qualifications for foreign economic and technological cooperation management export equipment (including complete sets of equipment), materials, construction appliances, and the articles for personal daily use for the purpose of performing the contracts of foreign (overseas) contacting projects, labor cooperation, design consultation, resource development and other projects, the exports shall be administrated according to the following provisions:

1)

For the commodities not subject to export license administration, the customs shall examine and release them if in order after examination based on the documents of approval and the certificates of approval of MOFTEC and export contracts (original and copy) of the enterprises.

2)

For the commodities under export license administration, the license issuing agencies shall, according to the Commodity Catalog and the Graded License Issuance Catalog formulated by MOFTEC, issue the export licenses to the enterprises under central administration based on the documents of approval of MOFTEC and the contracts (original and copy) of valid projects, and issue the export licenses to the local enterprises based on the documents of approval of the departments in charge of foreign trade and economic cooperation of the localities and the contracts (original and copy) of the valid projects.

3)

For the commodities applying paid bidding for quotas and paid use of quotas, the license issuing agencies shall, according to the Commodity Catalog and the Graded License Issuance Catalog formulated by MOFTEC, issue the export licenses based on the documents of approval of the department in charge of the paid bidding for quotas and paid use of quotas of MOFTEC.

Article 22

Commodities for self-use needing to be transported out of China in the exports of complete sets of equipment:

1)

For the commodities under export license administration, the license issuing agencies shall, according to the Commodity Catalog and the Graded License Issuance Catalog formulated by MOFTEC, issue the export licenses based on the contacts of exports of complete sets of equipments signed by the units authorized by MOFTEC;

2)

The commodities applying paid bidding for quotas or paid use of quotas shall be dealt with according to item 2) of Article 21 of these Provisions.

3)

The commodities not subject to export license administration shall be dealt with according to item 3) of Article 21 of these Provisions.

Article 23

For the commodities under export license administration for repayment of foreign loans or under the compensation trade projects, the license issuing agencies shall, according to the Commodity Catalog and the Graded License Issuance Catalog formulated by MOFTEC, issue the export licenses based on the export quotas for repayment of foreign loans or for compensation trade granted by MOFTEC. When the enterprises without the power of foreign trade management engage in the businesses of repayment of foreign loans or compensation trade, they shall entrust the enterprises with the power of foreign trade management to handle the exports as an agent, and the agent enterprises shall handle the formalities for drawing up the export licenses.

Article 24

When applying for export licenses, export enterprises shall make the declaration according to facts and may not make fraudulent claims, and it is strictly prohibited to obtain the export licenses through deceitful means such as false contracts, false letters of credit, etc.

Chapter 5 Handling of Exceptional Situations

Article 25

Principles for handling of greater of fewer export quantities. More or less goods shall be the goods of large quantities or in bulk. The more or less quantities shall be dealt with according to the international trade practices, that is the more or less quantities of the declared export goods may not exceed 5% of the export quantities as listed in the export licenses. For those not applying the system of "one approval for one license", the greater or fewer quantities of the last batch of export goods may not exceed 5% of the actual export quantities of the last batch. When issuing licenses for this kind of export commodities, the license issuing agencies shall issue strictly according to the export quota quantities and the quantities ratified by the documents of approval, and shall verify and deduct the quota quantities based on the quantities actually granted by the licenses, and may not issue the licenses based on the export quota quantities or the quantities ratified by the documents of approval plus the more or less quantities allowed by the international trade practices.

Article 26

Where the import materials in processing trade and the finished products after processing to be re-exported are the commodities prohibited from export by the State, the processing trade enterprises shall apply for the export licenses based on the Certificate of Approval for Processing Trade Businesses issued by the examination and approval organs of processing trade at various levels, the Registration Manual of Processing Trade of the customs and the export contracts (original and copy) of the export enterprises, and the customs shall supervise, examine and release the goods if in order after examination based on the export licenses.

Article 27

The exports of commodities under export license administration in foreign economic aid projects may be exempted from the export licenses. Provisions on the basis of release shall be separately formulated and promulgated by MOFTEC, the General Administration of Customs and the State Administration of Quality Inspection.

Article 28

Provisions on exhibition articles: exhibition articles for sale and small articles for sale that are taken abroad to participate in or for holding exhibitions are as follows:

1)

The exhibition articles not for sale under license administration that are taken abroad to participate in or for holding exhibitions shall be exempted from the export licenses, and the customs shall supervise, examine and release the articles if in order after examination based on the documents of approval for exhibitions of the examination and approval departments and the customs declaration of export goods. The units participating in exhibitions shall, within 6 months from when the exhibitions end, transport back exactly the amount of exhibition articles not for sale to be written off after verification by the customs. Under special circumstances, the period may be extended upon the approval of the customs. This provision shall be applicable to the commodities governed by the regulations on the control of exports of nuclear products, nuclear dual-use products and relevant technologies.

2)

Where the exhibition articles for sale and the small articles for sale that are taken abroad for participating in or holding of exhibitions are under the export license administration, the units participating in the exhibitions shall, based on the documents of approval, and the notices of exhibition participation and certificates for commodities on display issued by the units sponsoring the exhibitions, apply to the license issuing agencies as prescribed in the Graded License Issuance Catalog for the export licenses without occupying the export quotas.

Article 29

Provisions on the exports of sample goods are as follows:

1)

Where the export enterprises transport abroad the sample goods or the testing samples of the commodities under export license administration, the export licenses may be exempted for the exports of which each batch is valued at or less than 30,000 Reminbi, and the customs may inspect and release the goods if appropriate after examination based on the declaration form of export sample goods filled in by the enterprises; where each of batch is worth of more than 30,000 Reminbi, the exports shall be regarded as normal exports, and the export enterprises shall apply for the export licenses according to the provisions. The words "sample goods" shall be indicated in the notes of the export licenses.

2)

For the sample goods under export license administration that need to be provided to foreign countries for the purpose of cultural exchange or technology exchange:

1.

For the sample goods of which each batch is valued at or less than 30,000 Renminbi, the central departments or the enterprises under central administration shall take the documents of approval of MOFTEC to apply for customs declarations, the local departments and the local enterprises shall take the documents of approval of the local departments in charge of foreign trade and economic cooperation to apply for customs declarations, and the customs shall make the examination and release the goods if in order after examination based on the documents of approval of MOFTEC or of the local departments in charge of foreign trade and economic cooperation. The documents of approval for the commodities under export license administration for foreign culture exchange or technology exchange examined and approved by the local departments in charge of foreign trade and economic cooperation shall be reported to MOFTEC for record.

2.

For the sample goods of which each batch is worth of more than 30, 000 Renminbi, the central departments and the enterprises under central administration shall report to MOFTEC for examination and approval, the local departments and the local enterprises shall take the documents of approval of the local departments in charge of foreign trade and economic cooperation to report to MOFTEC for record. The license issuing agencies shall, according to the scope of license issuance in the Commodity Catalog and the Graded License Issuance Catalog formulated by MOFTEC, issued the export licenses based on the documents of approval of MOFTEC.

The words "sample goods" shall be indicated in the notes of the export licenses for the aforesaid export sample goods.

3)

Where the sample goods of heavy water, chemicals under supervision and control, chemicals with potential to generate poison, and of the commodities governed by the regulations on control of exports of nuclear products, nuclear dual-purpose products and relevant technologies are provided to foreign countries, they shall be dealt with as normal exports, and the provisions of item 1) and item 2) of this Article shall not be applicable.

Article 30

The commodities under export license administration endowed to foreign countries shall be dealt with according to item 2) of Article 28 of these Provisions.

Article 31

Where the enterprises engaged in the petty trades of tour commodities upon the approval of MOFTEC export tour commodities (excluding the commodities under export license administration, the commodities under quota administration and the commodities prohibited by the State from export) valued at or less than 50,000 US dollars, the export licenses shall be exempted, the customs shall handle the formalities of examination and release if in order after examination based on the documents of approval of MOFTEC, the customs declaration of the export goods and the export contracts.

Chapter 6 Valid Term of Export Licenses

Article 32

Valid term of export quotas. The valid term of export quotas shall be the period on or before Dec. 31 of the current year, except as otherwise prescribed, and the export enterprises shall apply to the license issuing agencies for the export licenses within the valid term of the quotas.

Article 33

The license issuing agencies shall, based on the export quotas of the next year granted by MOFTEC and the local departments in charge of foreign trade and economic cooperation, issue the export licenses of the next year from Dec.16 of the current year. The license issuance date of the export license shall be filled as Jan.1 of the next year, and the number of licenses issued shall be included in the license issuance statistics of the next year.

Article 34

Valid term of export licenses

1)

The valid term of export licenses for commodities under export quota administration shall be 6 months. Where the export licenses need to be used in the next year, the deadline of the valid term of the export licenses shall not exceed the end of February of the next year.

2)

For the commodities under the quota administration that are exported in the form of processing trade and do not occupy the export quotas, the valid term of their export licenses shall be verified and determined according to the export term ratified in the Certificate of Approval for Processing Trade Businesses. Where the export term ratified in the Certificate of Approval for Processing Trade Businesses goes beyond the end of February of the next year, the license issuing agencies shall implement the relevant provisions of the Commodity Catalog and the Graded License Issuance Catalog formulated by MOFTEC.

3)

The export licenses shall be used within their valid terms, and shall lose effect automatically upon the expiration of the term, and the customs shall not grant release of goods in that case.

Article 35

Term extension of the export licenses.

1)

Where the export licenses haven't been used within the valid term due to certain reasons, the export enterprises shall apply to the original license issuing agencies for term extension within the valid term of the export licenses, the license issuing agencies shall take the original licenses back and issue anew the export licenses after writing off the original license in the computer administration system of license issuance, and shall indicate the extended use and the license number of the original license in the notes.

2)

Where the export licenses have not been used up within the valid term due to certain reasons, the export enterprises shall, within the valid term of the export licenses, apply to the original license issuing agencies for the extension of the part not used, the license issuing agencies shall take back the original licenses, write off the original licenses in the license issuance system, issue anew the export licenses after deducting the amount that has been used, and shall indicate in the notes the extended use and the license number of the original license.

3)

Where no application for term extension is filed within the valid term of the license, the export license shall lose effect automatically, the license issuing agencies shall not accept and handle the formalities for license extension, and the commodity quantities of those licenses shall be regarded as being abandoned by the holders of the quotas voluntarily.

Article 36

For export licenses under "one approval for one license" administration, each license may only be used once in customs declaration; for export licenses under "non-singular approval for one license" administration, each license may be used for many times in customs declaration, but may not exceed 12 times at most, and the customs shall endorse the "customs examination and release endorsement" the export quantities batch by batch.

Article 37

When the license issuing agencies for the commodities under export license administration are adjusted, the original license issuing agencies shall no longer issue the export licenses for those commodities from the day of adjustment, and shall report the applications for license filed by the enterprises prior to the adjustment to the adjusted license issuing agencies. The licenses the export enterprises drawn before the adjustment shall continue to be valid during the valid term. For the licenses not used up within the valid term, the formalities for term extension shall be made at the adjusted license issuing agencies.

Chapter 7 Examination and Punishment

Article 38

MOFTEC authorizes the license bureau to make regular examinations of the license issuing agencies. The contents of the examinations are the implementation of these Provisions by the license issuing agencies, and the stress shall be put on whether there are problems such as issued licenses exceeding the quotas, lack of quota, beyond the authorities or levels or against the rules, and other problems in violation of these Provisions. The form of examination shall be the combination of the regular or irregular self-examinations by the license issuing agencies and the selective examinations by the license bureau. The license bureaus shall report the examinations to MOFTEC.

Article 39

The license issuing agencies shall report the license issuance data without delay according to the provisions of network examination of MOFTEC, and notify the customs at the same time to ensure that the enterprises make customs declarations smoothly and the customs conduct the examinations. The license issuing agencies shall carefully check the examination data fed back by the customs, examine the use of the licenses and find out the existing problems.

Article 40

For the license issuing agencies that, in violation of Article 10 of these Provisions, issue the licenses exceeding the quotas, without quota or beyond the authorities or levels, MOFTEC shall, regarding the seriousness of the circumstances, give them the punishments such as warning, suspension or cancellation of licensing authority, etc.

Article 41

For the enterprises that, in violation of these Provisions, gain the export licenses through deceitful means, MOFTEC shall, regarding the seriousness of the circumstances, give them the punishments such as warning, suspension or cancellation of the power of export commodity management.

For the units participating in exhibitions that, in violation of the relevant provisions of the first clause of Article 28 , fail to transport back exactly the amount of the exhibition article not for sale under license administration to be written off by the customs, the customs shall inform MOFTEC, and MOFTEC and the departments of examination and approval of exhibitions shall, regarding the seriousness of the circumstances, give them the punishments such as warning, suspension or cancellation of the qualifications for holding exhibitions abroad.

The enterprises that forge or alter the export licenses, trade the export licenses or trade the forged or altered export licenses shall be, according to Article 280 and Article 225 of the Criminal Law of the People's Republic of China, handed over to the judicial departments to be investigated for their criminal responsibilities. And MOFTEC shall suspend or even cancel their qualifications for import and export management at the same time.

Article 42

Licenses issued exceeding the quotas, without quota or beyond the authorities or levels shall be invalid. The export licenses involved in Article 40 and Article 41 shall be revoked by MOFTEC once verified. For the problems found by the customs in the course of supervision or case handling that involve the aforesaid licenses, the license issuing agencies shall give clear replies.

Article 43

Where the violations of Article 10 of these Provisions committed by the functionaries of the license issuing agencies constitute crimes, the criminal responsibilities shall be investigated for according to the relevant provisions of Chapter 8 Crime of Embezzlement and Bribe and Chapter 9 Crime of Malfeasance. Where the violations of these Provisions committed by the functionaries of the license issuing agencies haven't constituted crimes, the functionaries shall be transferred from their posts and be given administrative punishments according to Article 32 and Article 33 of the Provisional Regulations on State Civil Servants.

Chapter 8 Supplementary Provisions

Article 44

The "export licenses" as used in these Measures shall include export quota licenses and export licenses.

Article 45

Where goods of other places within the territory of China enter into the bonded warehouses, bonded zones and export processing zones, the relevant existing provisions shall be implemented.

Article 46

The export license administration of border trade shall still be carried out according to the relevant existing provisions. The regulations on application for and issuance of export certificates of textile quotas shall be formulated by MOFTEC separately, but the contents of Chapter 1 and Chapter 7 of these Provisions are applicable to the textile quota export certificate administration.

Article 47

These Provisions shall come into force on Jan.1, 2002. And the Several Provisions on Export License Administration (GuanFa [1995] No.760 of MOFTEC) distributed by MOFTEC shall be stopped from implementation simultaneously.