Detailed Implementation Rules for the Administration of Automatic Import Licensing of Foreign-invested Enterprises

Detailed Implementation Rules for the Administration of Automatic Import Licensing of Foreign-invested Enterprises

Order of The General Administration of Customs The Ministry of Foreign Trade and Economic Cooperation [2002] No.4

February 8, 2002

Detailed Implementation Rules for the Administration of Automatic Import Licensing of Foreign-invested Enterprises is hereby promulgated according to the Regulation of the People's Republic of China on the Administration of the Import and Export of Goods, and come into force as of the date of promulgation.

Minister of the Ministry of Foreign Trade and Economic Cooperation Shi Guangsheng
Minister of the General Administration of Customs Mu Xinsheng

Detailed Implementation Rules for the Administration of Automatic Import Licensing of Foreign-invested Enterprises
　
Article 1 The present Detailed Rules have been enacted on the basis of the Measures for the Administration of the Automatic Import License of Goods for the purpose of standardizing the administration of the automatic import licenses of the enterprises with foreign investment.
　
Article 2 The present Detailed Rules shall be applicable to the administration of automatic import licenses of the enterprises with foreign investment for importing goods to within the territory of the People's Republic of China.
　
Article 3 The Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China (hereinafter referred to as the MOFTEC) is in charge of guiding and administering the enterprises with foreign investment concerning the import of goods that are subject to automatic import licenses, and shall, together with the State Administration of Customs, publicize the list of names of the institutions for issuing automatic import licenses to the enterprises with foreign investment (see Appendix I). The department of foreign trade and foreign investment of all provinces, autonomous regions, municipalities directly under the Central Government and the cities under separate State planning (hereinafter referred to as the local departments of foreign trade and foreign investment) are in charge of the administration of the automatic import license of the enterprises with foreign investment within their respective jurisdictions.
　
Article 4 The enterprises with foreign investment shall provide the following materials for handling the automatic import licenses:
1.An application form of automatic import licenses (see Appendix II);
2.A photocopy of the approval certificate of the enterprise with foreign investment (including the record of passing the joint annual inspections);
3.A photocopy of the business license of the enterprise with foreign investment;
4.A photocopy of the contract of the enterprise with foreign investment for joint equity or cooperation or the articles of incorporation;
5.A photocopy of the report of asset appraisal;
6.An account of the actual production capacity of the enterprise with foreign investment;
7.Other materials that are requested.
　
Article 5 The import of goods that belong to automatic import licenses by the enterprises with foreign investment shall conform to the relevant provisions of the laws or administrative regulations and shall satisfy the following conditions:
1.The enterprises with foreign investment that applies for import shall have no record of violations of laws or regulations such as evading foreign exchanges, arbitrage, obtaining export refunded taxed by fraudulent means, smuggling, etc.
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