Administrative Measures for the Import and Export of Gold and Gold Products
Administrative Measures for the Import and Export of Gold and Gold Products
Administrative Measures for the Import and Export of Gold and Gold Products
Order of the People's Bank of China and the General Administration of Customs [2015] No.1
March 30, 2015
In accordance with the Law of the People's Republic of China on the People's Bank of China, the Customs Law of the People's Republic of China and the Decision of the State Council on Applying Administrative Licensing to the Administrative Examination and Approval Items Necessary to be Retained, the People's Bank of China and the General Administration of Customs have formulated the Administrative Measures for the Import and Export of Gold and Gold Products, which are hereby promulgated and shall take effect as of April 1, 2015.
Administrative Measures for the Import and Export of Gold and Gold Products
Article 1 With a view to regulating the import and export of gold and gold products, and strengthening the administration of the import and export of gold and gold products, the Administrative Measures for the Import and Export of Gold and Gold Products (hereinafter referred to as the "Measures") are formulated pursuant to the Law of the People's Republic of China on the People's Bank of China, the Customs Law of the People's Republic of China, the Decision of the State Council on Applying Administrative Licensing to the Administrative Examination and Approval Items Necessary to Be Retained and other relevant laws and regulations.
Article 2 For the purpose of the Measures, gold shall refer to unwrought gold, while gold products shall refer to semi-finished gold, gold-made products, etc.
Article 3 The People's Bank of China (hereinafter referred to as the "PBC") shall be the authority in charge of the import and export of gold and gold products, and shall adopt a permit-based system for the import and export of gold and gold products.
The PBC may, according to the needs of macroeconomic regulation of the State, conduct examination and approval to limit the quantity of the import and export of gold and gold products.
During the import or export customs clearance of gold and gold products included in the Catalogue of Gold and Gold Products Subject to Import and Export Administration, the Permit of the People's Bank of China for Import and Export of Gold and Gold Products (Appendix I) issued by the PBC and its branches shall be submitted to customs.
The PBC shall formulate, adjust and promulgate the Catalogue of Gold and Gold Products Subject to Import and Export Administration in concert with the General Administration of Customs (hereinafter referred to as the "GACC").
Article 4 Legal persons and other organizations that import and export gold and gold products by any of the following trade modes shall apply for the Permit of the People's Bank of China for Import and Export of Gold and Gold Products in accordance with the Measures:
1. normal trade;
2. converting gold and gold products originally under processing trade for domestic sales, and export of gold products under the mode of processing trade with domestically purchased raw gold materials; and
3. import and export of gold and gold products between special customs supervision zones or bonded regulatory premises and places within China other than special customs supervision zones and bonded regulatory premises.
Individuals, legal persons or other organizations that import gold and gold products for donation to public welfare undertakings shall apply for the Permit of the People's Bank of China for Import and Export of Gold and Gold Products in accordance with the Measures.
Administrative provisions on the entry and exit of individuals carrying gold and gold products shall be formulated by the PBC in concert with the GACC.
Article 5 The import and export of national gold reserves shall be handled by the PBC.
The import and export of gold coins (including gold and precious metal commemorative coins) shall be handled by the agencies designated by the PBC.
Article 6 A market player that has obtained the qualifications for gold import and export shall bear the responsibilities for balancing the supply and demand of physical gold on the domestic gold market, register its import and export of gold in the gold spot exchanges approved by the State Council, and complete the initial transaction.
Article 7 Applications for gold import and export and applications for the import of gold products for donation to public welfare undertakings shall be accepted, and examined and approved by the PBC.
Applications for the import and export of gold products shall be accepted by the branches of the PBC at and above the level of prefectural cities, and be examined and approved by the Shanghai Head Office, all branches, business management departments, central sub-branches of provincial capitals (capitals of autonomous regions) and the Shenzhen central sub-branch of the PBC.
Article 8 To apply for gold import and export (excluding the import of gold for donation to public welfare undertakings), an applicant shall have legal person qualifications, have not committed any related violations of laws and regulations in the past two years, and satisfy any of the following conditions:
1.
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