Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant provisions of the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the Foreign Trade Law) in order to regulate the import and export management of goods, maintain the order of import and export of goods, and promote the healthy development of foreign trade.
Article 2 These Regulations shall be complied with in respect of trade activities that import goods into the territory of the People's Republic of China or export goods outside the customs territory of the People's Republic of China.
Article 3 The State implements a unified management system for the import and export of goods.
Article 4 The State permits the free import and export of goods and maintains fair and orderly import and export trade of goods in accordance with the law.
Except for the express prohibition or restriction of import and export by laws and administrative regulations, no unit or individual may set up or maintain prohibition or restriction measures on the import and export of goods.
Article 5 The People's Republic of China grants MFN treatment and national treatment to other Contracting Parties, MFN status and national treatment of the parties in accordance with the international treaties or agreements concluded or participated in, or grants MFN status and national treatment to each other according to the principle of reciprocity and reciprocity. .
Article 6 If any country or region adopts discriminatory prohibitions, restrictions or other similar measures on the import and export of goods, the People's Republic of China may take corresponding measures against the country or region according to actual conditions.
Article 7 The competent foreign economic and trade department of the State Council (hereinafter referred to as the competent foreign trade department of the State Council) shall be in charge of the import and export of goods throughout the country in accordance with the provisions of the Foreign Trade Law and these Regulations.
The relevant departments of the State Council shall be responsible for the relevant work of the import and export trade management of goods in accordance with the responsibilities of the State Council in accordance with the provisions of these Regulations.
Chapter II Administration of Imports of Goods Section 1 Prohibited Imports of Goods Article 8: Goods subject to one of the conditions specified in Article 17 of the Foreign Trade Law are prohibited from being imported. Where other laws or administrative regulations stipulate that import is prohibited, it shall be in accordance with its provisions.
The catalogue of goods that are prohibited from being imported shall be formulated, adjusted and announced by the competent foreign trade department of the State Council in conjunction with the relevant departments of the State Council.
Article 9 Goods that are prohibited from being imported shall not be imported.
Section 2 The goods subject to import restrictions Article 10 has one of the provisions of Article 16 (1), (4), (5), (6), (7) of the Foreign Trade Law, and restricts imports. Where other laws and administrative regulations stipulate restrictions on imports, such provisions shall be followed.
The catalogue of goods subject to import restrictions shall be formulated, adjusted and announced by the competent foreign trade department of the State Council in conjunction with the relevant departments of the State Council.
The catalogue of goods subject to import restrictions shall be published at least 21 days before implementation; in case of emergency, it shall be announced no later than the date of implementation.
Article 11 The State stipulates that there are quantitative restrictions on imported goods, and quota management is implemented; other restrictions on imported goods are subject to license management.
Imported goods subject to tariff quota management shall be implemented in accordance with the provisions of Section IV of this Chapter.
Article 12 The restrictions on importation of goods subject to quota management shall be managed by the competent foreign trade department of the State Council and the relevant economic management department of the State Council (hereinafter collectively referred to as the import quota management department) in accordance with the division of duties prescribed by the State Council.
Article 13 For import restrictions on the implementation of quota management, the import quota management department shall announce the total amount of import quotas for the next year before July 31 of each year.
Applicants for quotas shall submit an application for import quotas for the next year to the import quota management department from August 1 to August 31 of each year.
The import quota management department shall allocate the quota for the next year to the quota applicant before October 31 of each year.
The import quota management department may adjust the annual quota amount as needed and publish it 21 days before implementation.
Article 14 Quotas may be allocated in a manner consistent with all applications.
Article 15 Where quotas are allocated in a manner consistent with all applications, the import quota management department shall make a decision on whether to issue quotas within 60 days from the deadline for the specified application deadline.
Article 16 When allocating quotas by the import quota management department, the following factors shall be considered:
(1) The applicant's import performance;
(2) Whether the quotas allocated in the past have been fully used;
(3) The applicant's production capacity, scale of operation, and sales status;
(4) The application status of the new import operator;
(5) The number of quotas applied for;
(6) Other factors that need to be considered.
Article 17 The importing business operator shall go through the customs clearance and inspection procedures with the customs on the basis of the quota certificate issued by the import quota management department.
The relevant economic management department of the State Council shall promptly report the actual amount of annual quotas, distribution plans and quotas to the competent foreign trade department of the State Council for the record.
Article 18 If the quota holder fails to use the annual quota held by him, he shall return the unused quota to the import quota management department before September 1 of the current year; if it fails to return it on time and has not used it before the end of the year, The import quota management department may deduct the corresponding quota for the next year.
Article 19 Where import licenses are restricted by license management, the importer shall submit an application to the competent foreign trade department of the State Council or the relevant department of the State Council (hereinafter collectively referred to as the import license management department). The import license management department shall decide whether to permit it within 30 days from the date of receipt of the application.
The importer shall go through the customs clearance and inspection procedures with the customs on the basis of the import license issued by the import license management department.
The import license referred to in the preceding paragraph includes various certificates and documents with the nature of license import as stipulated by laws and administrative regulations.
Article 20 The import quota management department and the import license administration department shall formulate specific management measures in accordance with the provisions of these Regulations, and clearly define the applicant's qualifications, the departments that accept the application, the principles and procedures for review, and before implementation. To be announced.
The department that accepts the application is generally a department.
The documents submitted by the import quota management department and the import license management department for the applicant shall be limited to the documents and materials necessary for the implementation of the management, and shall not be rejected due to subtle and non-substantial errors.
Section III Freely Imported Goods Article 21 Imports of goods that are freely imported are not subject to restrictions.
Article 22 Based on the need to monitor the import of goods, the competent foreign trade department of the State Council and the relevant economic management department of the State Council may, in accordance with the responsibilities prescribed by the State Council, implement automatic import license management for some goods that are freely imported.
The catalogue of goods subject to automatic import license management shall be published at least 21 days before implementation.
Article 23 Goods imported under the automatic import license management shall be given a permit.
Article 24 If an import is a goods subject to automatic import license management, the import operator shall submit an application for automatic import license to the competent foreign trade department of the State Council or the relevant economic management department of the State Council before going through customs formalities.
The competent foreign trade department of the State Council or the relevant economic management department of the State Council shall, after receiving the application, issue an automatic import license immediately; in special circumstances, the maximum period shall not exceed 10 days.
The importing operator shall go through the formalities of customs clearance and inspection with the Customs according to the automatic import license issued by the competent foreign trade department of the State Council or the relevant economic management department of the State Council.
Section 4 Goods Subject to Tariff Quota Management Article 25 The catalogue of imported goods subject to tariff quota management shall be formulated, adjusted and announced by the competent foreign trade department of the State Council in conjunction with the relevant economic management department of the State Council.
Article 26 Goods that are imported within the tariff quota shall be subject to tariffs at the rate within the quota; goods that are subject to additional tariffs shall be subject to customs duties at an additional rate.
Article 27 The import quota management department shall announce the total amount of tariff quotas for the next year from September 15 to October 14 of each year.
Applicants for quotas shall submit an application for tariff quotas to the import quota management department from October 15 to October 30 of each year.
Article 28 Customs quotas may be distributed in a manner consistent with all applications.
Article 29 If a tariff quota is allocated in a manner consistent with all applications, the import quota management department shall make a decision on whether to issue quotas before December 31 of each year.
Article 30 The importing business operator shall, according to the customs quota certificate issued by the import quota management department, go through the customs clearance and inspection procedures for the goods within the customs quota.
The relevant economic management department of the State Council shall timely report the actual amount of annual tariff quotas, distribution plans and tariff quotas to the competent foreign trade department of the State Council for the record.
Article 31 If the holder of tariff quotas fails to use the annual quotas held by them, they shall return the unused quotas to the import quota management department before September 15 of the current year; they will not be returned on time and will not be used up before the end of the year. The import quota management department may deduct the corresponding quota for the next year.
Article 32 The import quota management department shall formulate specific management measures for tariff quotas in accordance with the provisions of these Regulations, and clearly define the applicant's qualifications, the departments that accept the application, the principles and procedures for review, and give them before implementation. Announced.
The department that accepts the application is generally a department.
The documents submitted by the import quota management department for the applicants of tariff quotas shall be limited to the documents and materials necessary for the implementation of tariff quota management, and shall not refuse to accept the application for tariff quotas only because of subtle and insubstantial errors.
Chapter III Administration of Goods Export Section 1 Prohibited Exports Article 33 Goods subject to one of the conditions specified in Article 17 of the Foreign Trade Law are prohibited from exporting. Where other laws or administrative regulations stipulate that export is prohibited, it shall be in accordance with its provisions.
The catalogue of goods prohibited from export shall be formulated, adjusted and announced by the competent foreign trade department of the State Council in conjunction with the relevant departments of the State Council.
Article 34 Goods that are prohibited from exporting shall not be exported.
Section 2 Goods Restricted Exports Article 35 Goods subject to one of the conditions specified in Items (1), (2), (3) and (7) of Article 16 of the Foreign Trade Law shall be restricted from export. Other laws and administrative regulations stipulate restrictions on exports, in accordance with its provisions.
The catalogue of goods subject to export restrictions shall be formulated, adjusted and announced by the competent foreign trade department of the State Council in conjunction with the relevant departments of the State Council.
The catalogue of goods subject to export restrictions shall be published at least 21 days before implementation; in case of emergency, it shall be announced no later than the date of implementation.
Article 36 The State stipulates that there are quantitative restrictions on export goods, and quota management shall be implemented; other restrictions on export goods shall be subject to license management.
Article 37 The export of goods subject to quota management shall be managed by the competent foreign trade department of the State Council and the relevant economic management department of the State Council (hereinafter collectively referred to as the export quota management department) in accordance with the duties and responsibilities specified by the State Council.
Article 38 For export goods subject to quota management, the export quota management department shall announce the total amount of export quotas for the next year before October 31 of each year.
Applicants for quotas shall submit an application for export quotas for the next year to the export quota management department from November 1 to November 15 of each year.
The export quota management department shall allocate the quota for the next year to the quota applicant before December 15 of each year.
Article 39. Quotas may be distributed through direct distribution or through tendering.
Article 40 The export quota management department shall make a decision on whether to issue quotas no later than 30 days from the date of receipt of the application.
Article 41 The export business operator shall go through the customs clearance and inspection procedures with the customs on the basis of the quota certificate issued by the export quota management department.
The relevant economic management department of the State Council shall promptly report the actual amount of annual quotas, distribution plans and quotas to the competent foreign trade department of the State Council for the record.
Article 42 If the quota holder fails to use the annual quota held by him, he shall return the unused quota to the export quota management department before October 31 of the current year; fail to return it on time and not use it before the end of the year. The export quota management department may deduct the corresponding quota for the next year.
Article 43 Where export licenses are restricted by license management, the exporter shall submit an application to the competent foreign trade department of the State Council or the relevant department of the State Council (hereinafter collectively referred to as the export license management department), and the export license management department shall receive the application. Decide whether to permit within 30 days from the date of the decision.
The export operator shall go through the customs clearance and inspection procedures with the customs on the basis of the export license issued by the export license management department.
The export license referred to in the preceding paragraph includes various certificates and documents with the nature of license export as stipulated by laws and administrative regulations.
Article 44 The export quota management department and the export license management department shall formulate specific management measures in accordance with the provisions of these Regulations, and clearly define and implement the applicant's qualifications, the departments that accept the application, the principles and procedures for review. It will be announced before.
The department that accepts the application is generally a department.
The documents submitted by the export quota management department and the export license management department for the applicant shall be limited to the documents and materials necessary for the implementation of the management, and shall not be rejected due to subtle and non-substantial errors.
Chapter IV State-Owned Trade and Designated Operation Article 45 The State may implement state-run trade management for the import and export of some goods.
The catalogue of import and export goods subject to state-run trade management shall be formulated, adjusted and announced by the competent foreign trade department of the State Council in conjunction with the relevant economic management department of the State Council.
Article 46 The competent foreign trade department of the State Council and the relevant economic management departments of the State Council shall, in accordance with the responsibilities of the State Council, determine and publish the list of state-owned trading enterprises.
Article 47 For the implementation of state-run trade management goods, the state allows non-state-owned trading enterprises to engage in part of the import and export.
Article 48 State-owned trading enterprises shall provide relevant information on the purchase price and sales price of goods subject to state-run trade management to the competent foreign trade department of the State Council every six months.
Article 49 The competent foreign trade department of the State Council may, according to the needs of maintaining the order of import and export operations, conduct designated management and management of some goods within a certain period of time.
The catalogue of import and export goods subject to designated operation and management shall be formulated, adjusted and announced by the competent foreign trade department of the State Council.
Article 50 The specific standards and procedures for determining the designated business enterprises shall be formulated by the competent foreign trade department of the State Council and promulgated before implementation.
The list of designated business enterprises shall be announced by the competent foreign trade department of the State Council.
Article 51 Except as provided in Article 47 of these Regulations, enterprises or other organizations that are not included in the list of state-run trading enterprises and the list of designated business enterprises may not engage in the import of goods subject to state-run trade management and designated operation and management. Export trade.
Article 52 State-owned trading enterprises and designated operating enterprises shall engage in business activities in accordance with normal commercial conditions, may not select suppliers by non-commercial factors, and may not refuse the entrustment of other enterprises or organizations by non-commercial factors. Chapter V Import and Export Monitoring and Interim Measures Article 53 The competent foreign trade department of the State Council is responsible for monitoring and evaluating the import and export of goods, and regularly reports to the State Council on the import and export of goods and makes recommendations.
Article 54 The value or quantity of imported goods that the state may maintain in order to maintain balance of international payments, including serious imbalances in the balance of payments or serious imbalances, or to maintain the level of foreign exchange reserves appropriate to the implementation of economic development plans. Take temporary restrictions.
Article 55 In order to establish or speed up the establishment of specific industries in the country, the state may adopt temporary measures to restrict or prohibit imports, if existing measures are not realized.
Article 56 In order to implement one or more of the following measures, the State may, if necessary, adopt temporary measures to restrict imports for any form of agricultural products and aquatic products:
(1) taking restrictions on domestic production or sales of the same product or directly competing products;
(2) Eliminating the same domestic surplus products or directly competing products through subsidized consumption;
(3) Taking measures to limit production of animal products formed entirely or mainly on the aquatic products of imported agricultural products.
Article 57 In any of the following circumstances, the competent foreign trade department of the State Council may adopt temporary measures that restrict or prohibit the export of certain goods:
(1) An abnormal situation such as a serious natural disaster occurs, and it is necessary to restrict or prohibit the export;
(2) The order of export operations is seriously confusing and needs to be restricted;
(3) In accordance with the provisions of Articles 16 and 17 of the Foreign Trade Law, it is necessary to restrict or prohibit exports.
Article 58 Where the temporary measures for restricting or prohibiting import and export goods are taken, the competent foreign trade department of the State Council shall make an announcement before implementation.
Chapter VI Promotion of Foreign Trade Article 59 The State adopts measures such as export credit insurance, export credit, export tax rebate, and establishment of foreign trade development funds to promote the development of foreign trade.
Article 60 The State adopts effective measures to promote technological innovation and technological advancement of enterprises and enhance their international competitiveness.
Article 61 The State provides information consulting services to help enterprises develop international cities. Article 62 Import and export of goods may establish and participate in import and export chambers of commerce according to law, and implement industry self-discipline and coordination.
Article 63 The State encourages enterprises to actively respond to foreign discriminatory anti-dumping, countervailing, safeguard measures and other restrictive measures to safeguard the legitimate trade rights of enterprises.
Chapter VII Legal Responsibilities Article 64: Import or export of goods that are prohibited from import or export, or import or export of goods that are restricted or imported without authorization or permission, shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of smuggling. If it is not enough for criminal punishment, it shall be punished in accordance with the relevant provisions of the Customs Law; the competent foreign trade department of the State Council may revoke its foreign trade operation permit.
Article 65 Anyone who imports or exports goods that are restricted in import or export beyond the scope of approval or permission shall be investigated for criminal responsibility according to the provisions of the Criminal Law on smuggling or illegal business operations; if it is not criminally penalized, it shall be in accordance with the Customs Law. The relevant provisions of the punishment; the State Council foreign trade and economic cooperation department may suspend until the withdrawal of its foreign trade business license.
Article 66 Whoever falsifies, alters or buys or sells goods with import and export quota certificates, approval documents, licenses or automatic import licenses shall be guilty of illegal crimes under the Criminal Law or forgery, alteration or sale of official documents, certificates and seals of state organs. The provisions shall be investigated for criminal responsibility according to law; if it is not criminally penalized, it shall be punished in accordance with the relevant provisions of the Customs Law; the competent foreign trade department of the State Council may revoke its foreign trade operation license.
Article 67 If import and export operators obtain fraudulent or improper means of obtaining import and export quotas, approval documents, licenses or automatic import licenses, they shall collect their import and export quotas, approval documents, licenses or automatic imports according to law. According to the license, the competent foreign trade department of the State Council may suspend until the cancellation of its foreign trade operation permit.
Article 68 Anyone who violates the provisions of Article 51 of these Regulations and engages in the import and export trade of goods subject to state-run trade management or designated operation and management, disrupts market order, and is in serious circumstances shall be investigated according to the provisions of the Criminal Law on the crime of illegal business operations. Criminal liability; if there is not enough criminal punishment, the administrative department for industry and commerce shall impose administrative punishment according to law; the competent foreign trade department of the State Council may suspend until the cancellation of its foreign trade operation permit.
Article 69 If a state trading enterprise or a designated business enterprise violates the provisions of Articles 48 and 52 of these Regulations, the competent foreign trade department of the State Council shall give a warning; if the circumstances are serious, it may suspend until the cancellation of its state trading enterprise. Or specify the business enterprise qualification.
Article 70: In carrying out the duties of import and export management of goods, the staff of import and export management of goods shall abuse the powers, neglect their duties or use the convenience of their positions to accept and claim the property of others, in accordance with the criminal law on the crime of abuse of power, dereliction of duty, and accepting bribes. Or the provisions of other crimes, criminal responsibility shall be investigated according to law; if it is not enough for criminal punishment, administrative sanctions shall be imposed according to law.
Chapter VIII Supplementary Provisions Article 71 Anyone who is dissatisfied with the decision of the administrative organ to issue quotas, tariff quotas, permits or automatic licenses as stipulated in these Regulations shall not be satisfied with the decision to determine the qualifications of state-owned trading enterprises or designated enterprises, or If the decision on punishment is dissatisfied, it may apply for administrative reconsideration according to law, or it may file a lawsuit with the people's court according to law.
Article 72 The provisions of these Regulations shall not impede the measures, such as customs duties, inspection and quarantine, safety, environmental protection and intellectual property protection, for import and export goods in accordance with laws and administrative regulations.
Article 73 Export export of nuclear articles, nuclear dual-use items, monitoring chemicals, military products, etc., shall be handled in accordance with the provisions of relevant administrative regulations.
Article 74 If anti-dumping measures, countervailing measures and safeguard measures are required for imported goods, they shall be implemented in accordance with the provisions of the Foreign Trade Law and relevant laws and administrative regulations.
Article 75 Where laws and administrative regulations provide otherwise for the import and export management of goods in special economic zones such as bonded areas and export processing zones, such provisions shall be followed.
Article 76 The competent foreign trade department of the State Council shall be responsible for bilateral or multilateral consultations and negotiations on the import and export of goods, and shall be responsible for matters related to the settlement of trade disputes.
Article 77 These Regulations shall come into force on January 1, 2002. The Interim Regulations on the License System for Imported Goods of the People's Republic of China promulgated by the State Council on January 10, 1984, the Interim Measures for the Administration of Export Commodities, promulgated by the State Council on December 21, 1992 and promulgated by the Ministry of Foreign Trade and Economic Cooperation on December 29, 1992, The Interim Measures for the Administration of the Import and Export of Mechanical and Electrical Products issued by the State Council on September 22, 1993 and the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation on October 7, 1993, approved by the State Council on December 22, 1993, December 29, 1993 The Interim Measures for the Administration of Import Quotas of General Commodities issued by the State Planning Commission and the Ministry of Foreign Trade and Economic Cooperation, approved by the State Council on June 13, 1994, and issued by the Ministry of Foreign Trade and Economic Cooperation and the State Planning Commission on July 19, 1994. Interim Measures for the Administration of Commodity Management shall be abolished at the same time.
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