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出口商品管理暂行办法英文版

来源: 时间:2018-10-26 18:32:59

出口商品管理暂行办法(英文版)

Interim Provisions for Administration of Export Commodities (Promulgated by the Ministry of Foreign Economic Relations andTrade on December 29, 1992) Whole Doc. To meet the need of the development of the socialist market economy,strengthen the macro administration of export and accelerate thedevelopment of foreign trade referring to the practices of internationaltrade, the Interim Provisions For Administration of Export Commodities isenacted as follows: 1. The scope of export commodities administrated with quota li- censes the State The export commodities administrated with quota licenses are mainly:the export commodities in bulk and resource nature and relating to thenational importance and the people's lives and the traditional exportcommodities in bulk which have important positions in our export; theimportant export commodities which have dominant positions in the worldmarket or in certain market, the export commodities restricted with quotasby foreign states or commodities demanded by foreign states to activelyrestrict our export quantity; the commodities in large export amount andliable to cause disorder of trade, the important export commodities withfamous brand or high quality or speciality, or export commodities havingspecial requirement. The number of the export commodities administratedwith the quota licenses all together is 138 (list attached behind). Withthe deepening of the reform, the number of the export commoditiesadministrated with quota licenses shall be reduced in the future step bystep. (1) The planned quota shall apply to the export commodities in bulkand resource nature relating to national importance and people's lives andthe traditional export commodities in bulk which have very importantpositions in our export. The number of commodities is 38. When annualexport quantity is fixed, the MOFERT shall assign the quantity toprovinces, autonomous regions, cities under direction of the State andcities with separate list in the State planning (hereunder referred to aslocal governments) and foreign trade (or industrial and trading companiesdirectly under ministries of the Central Government (hereunder referred asforeign trade companies under Ministries) for the implementation. (2) The active quota administration shall apply to the importantexport commodities having dominant positions in world market or in certainmarket and the export commodities demanded by foreign states to beactively restricted. The number of commodities is 54. Among them, overseasareas have 31 quotaed commodities; Hong Kong and Macao have 23 quotaedcommodities. The annual export quantity shall be fixed by the MOFERTaccording to foreign and domestic market situations with consultation withrelevant Chambers of Export and Import. The quota shall be in principleassigned among the local governments and foreign trade companies underministries to implement. (3) The ordinary license administration shall apply to the exportcommodities in large export amount and liable to cause disorder of trade,the important export commodities with famous brand or high quality orspeciality and some commodities which really need to be ese commodities are listed in the export commodities administrated withexport licenses. The number of the commodities is 22. The assortmentsshall be adjusted every year. The annual export quantities in principleare not restricted. The main focus is the administration of the order oftrade. (4) The 24 export commodities having quotas laid by foreign statesshall continue the passive quota administration. The annual exportquantity shall be implemented according to the bilateral agreements. Themeasures to assign the quotas shall be made separately. (5) For the export commodities produced and exported by enterpriseswith foreign investment which are under quota license administration, theexport quotas shall be arranged according to the approved contract whenthe project was set up. 2. Export license administration (1) The export license administration shall apply to all export commodities administrated with planned quota, active quota andordinary licenses. The total number of commodities administrated with theexport licenses is 114. (2) The licenses shall be issued for export commodities administratedwith planned quota and active quota according to plan and quota quantity;The number of ordinary licenses issued for export commoditiesadministrated with the ordinary licenses in principle are not the situations of world market or domestic market have changed anddemand to restrict the number of licenses issued, the MOFERT shall notifythe issuing administration in advance. (3) The MOFERT shall make provisions for administration of licenses,carry out macro administration and control the total amount. The routineissuing work for commodities under the ordinary licenses shall be mainlycarried out by the local foreign trade administration and the SpecialCommissioner's Office. (4) The bidding measures are introduced in issuing of licenses forsome commodities administrated with licenses. The Chambers of Export andImport shall organize the bidding. The license issuing administrationshall, within the fixed quota amounts, issue the export licenses accordingto quantity and price in the bidding by the company. The foreign tradeadministration shall supervise and administrate the execution of thecontracts. The scope of commodities administrated with quota licenses forwhich bidding is tried out shall be enlarged. 3. Administration for export commodities trade (1) The 16 most important export commodities within commodities administrated with planned quota shall be jointly traded andmonopolized by the State. The MOFERT shall organize the detailedimplementation. (2) Except for the 16 most important export commodities jointlytraded and monopolized by the State, the rest of export commoditiesadministrated with quota licenses shall be assigned by the foreign tradeadministration of the provinces, autonomous regions, cities underdirection of the Central Government and cities with separate list in theState planning to foreign trade companies which have export result orbusiness ability and other companies having the rights to export thecommodities. (The companies under ministries shall be assigned by theMOFERT according to their export result or business ability). Commoditiesnot included in the above-mentioned commodities can be traded by allforeign trade companies approved by the State to operate foreign tradebusiness. (3) The business scope of companies of production in nature, entitivecompany groups or enterprises with foreign investment having rights toexport their own products are still restricted to their own products. (4) No company can export the goods listed as follows; ((1)) those having threat to national security; ((2)) antique, animals or plants close to extinction or very precious, products produced by the forced labour and other goodsprohibited to be exported by the laws or regulations; ((3)) those violating the international duties of the People's Republic of China; ((4)) musk, natural bezoar, copper and copper based alloy, platinumwhich are specially lacking in the domestic market. 4. Coordinative administration of export commodities The export commodities needed to be coordinated shall be coordinatelyadministrated by each specialized Chamber of Export and Import. Thecompanies dealing with export commodities administrated with quotalicenses shall join the relevant Chamber of Export and Import, Thedetailed coordinative methods shall be made out by each Chamber of Exportand Import. Once being discussed and passed by the general assemblymeeting of mummers, the methods shall be implemented strictly. The joint operation by companies trading the same export commoditieson the basis of willingness, equality and mutual benefit shall be highlyencouraged. The Law on Trade Marks shall be strictly implemented to protect andpromote the export commodities with famous brands. 5. Increasing the transparency of administration of export com- modities If no commercial secrecy is involved, the results of assignment andexecution of quotas for export commodities administrated with quotalicenses shall be promulgated every year in order to be supervised by allparties concerned. 6. The present Provisions shall enter into force on January 1, 1993. TheMOFERT shall be responsible for interpretation of the present Provisions. The List of Export Commodities Administrated with Quota Licenses by theState(Total 138 Categories) 1. The List of Export Commodities Administrated with Planned Quota (38 Categories) ((1)) rice ((2)) soybean (including crushed) ((3)) corn (including crushed) ((4)) tea ((5)) coal (including coal-water mixture) ((6)) tungsten (tungsten ore, ammonium paratungstate, tungstentrioxide, tungstate ) ((7)) antimony (antimony ingots, antimony oxide) ((8)) crude oil ((9)) processed oil products ((10)) cotton ((11)) cotton yarn ((12)) polyester cotton yarn ((13)) cotton gray cloth ((14)) polyester cotton gray cloth ((15)) silk ((16)) gray silk fabrics (shuttle-woven, knitted, raw, boiled-off,bleached) (The 16 very important export commodities shall be jointly traded andmonopolized by the State) ((17)) bean cakes and meal ((18)) peanut ((19)) resin and pine resin ((20)) log and sawed products ((21)) cashmere and dehaired wool ((22)) rabbit hair ((23)) rolled steel and waste steel ((24)) pig iron ((25)) tin (tin ingots, tin solder rods and tin ore) ((26)) zinc (zinc ingots, zinc ore) ((27)) ferro alloy (ferro silicon, ferro tungsten) ((28)) coke ((29)) cement ((30)) caustic calcined (dead burnt) magnesite ((31)) fluorspar lumps and powder ((32)) talc lumps (talc powder) ((33)) caustic soda ((34)) soda ash ((35)) paraffin wax ((36)) Chinese herb (ginseng, licorice root) ((37)) tetracycline ((38)) Vitamin C 2. The List of Commodities Administrated with Active Quota (54 Ca- tegories, in the parenthese, countries and regions are applied to active quotas) ((1)) fire works and firecrackers (U. S. A., Japan, Hong Kong, Macao) ((2)) canned asparagus (EEC, Hong Kong, Macao) ((3)) boiled bamboo shoot (Japan) ((4)) red bean (Japan) ((5)) sorghum (Japan, Southeast Asia) ((6)) dried osmunda (Japan) ((7)) chestnut (Japan, Hong Kong, Macao, Southeast Asia) ((8)) garlic (Hong Kong, Southeast Asia) ((9)) sesame (Japan) ((10)) buckwheat (Japan) ((11)) honey (Japan) ((12)) peppermint oil (EEC) ((13)) reed and reed products (Japan) ((14)) Chinese small iris and its products (Japan) ((15)) Arabic robes and trousers (Middle East 6 Countries) ((16)) crystalline flake graphite (Japan) ((17)) heparin sodium (EEC, Hong Kong, U.S.A.) ((18)) fresh royal jelly (Japan, EEC, U.S.A.) ((19)) tuber of pinellia (Japan) ((20)) flos sophorae immaturus (Japan) ((21)) paulownia timber and sawn products (Japan) ((22)) bleached cotton cloth (Japan, Hong Kong, Macao) ((23)) bleached trueran cloth (Japan) ((24)) diphenylesters (South Korea, Southeast Asia) ((25)) licorice root products (Hong Kong, Macao, Japan, SoutheastAsia) ((26)) furfural (furfural alcohol) (EEC, Japan) ((27)) carpet (U. K., Japan) ((28)) silicon manganese alloy (Japan, Hong Kong, Macao) ((29)) mandarin orange (Southeast Asia) ((30)) frozen rabbit (EEC, Hong Kong, Macao) ((31)) swinning crab (Japan) ((32)) live hog (big and medium live hog, live nursing hog (HongKong, Macao) ((33)) live cattle (Hong Kong, Macao) ((34)) live sheep (Hong Kong, Macao) ((35)) live poultry (live chicken, live duck, live goose, livepigeon) (Hong Kong, Macao) ((36)) frozen pork (Hong Kong, Macao) ((37)) frozen beef (Hong Kong, Macao) ((38)) frozen mutton (Hong Kong, Macao) ((39)) frozen poultry (Hong Kong, Macao) ((40)) live aquatic products (live pond fish, crabs) (Hong Kong,Macao) ((41)) fresh fruits (Ya pear, Hami melon, sweet pear, litchi, watermelon) (Hong K ong, Macao) ((42)) fresh vegetables (Chinese cabbage, potato, turnip, waxgourd,calliflower) ( Hong Kong, Macao) ((43)) preserved eggs (Hong Kong, Macao) ((44)) Chinese caterpillar fungus (Hong Kong, Macao) ((45)) chrysanthemum (Hong Kong, Macao) ((46)) root of membranous milk vetch (Hong Kong, Macao) ((47)) Chinese angelica (Hong Kong, Macao) ((48)) Chinese wolfberry fruit (Hong Kong, Macao) ((49)) dangshen (Hong Kong, Macao) ((50)) fuling (Hong Kong, Macao) ((51)) ramie yarn (yarn, twig, ball, dried ramie) (Hong Kong, Macao) ((52)) ramie gray cloth (Hong Kong, Macao) ((53)) toilet paper (Hong Kong, Macao) ((54)) mushroom in brine (Hong Kong, Macao) 3. The List of Commodities Administrated with Ordinary Licenses (22Categories ) ((1)) sugar ((2)) drawnwork (hand embroidery, hand weaved drawnwork) ((3)) bristles ((4)) hog casing ((5)) black and white TV set ((6)) bearing ((7)) rare earth ((8)) cassia bark ((9)) cassia oil ((10)) heavy water ((11)) cloisonne ((12)) matsutake ((13)) ephedrine ((14)) polyethylene ((15)) lead and lead-based alloy ((16)) nickel and nickel-based alloy ((17)) rolled nickel ((18)) yellow phosphorus ((19)) aluminum ingots ((20)) chemicals for both civil and military purposes (10) ((21)) chemicals easy to make poison (22) ((22)) electronic computer and related equipments 4. The List of Commodities Administrated with Passive Quotas (24Categories) (1) Textile Commodities under Passive Quotas (19) ((1)) synthetic fiber ((2)) cotton yarn ((3)) wool yarn and knitting wool ((4)) other yarn ((5)) cotton cloth (dyed and colored) ((6)) synthetic blended cloth ((7)) linen canvas ((8)) woolen fabric ((9)) pillowcase, bed sheet, bedspread, quilt cover ((10)) towel ((11)) gloves ((12)) handkerchief ((13)) socks and stockings ((14)) woolen sweater ((15)) woolen blanket ((16)) table cloth ((17)) garments ((18)) carpet ((19)) medical gauze (2) Non-textile Commodities under Passive Quotas (5) ((1)) canned mushroom (EEC) ((2)) porcelain for daily use (U.K.) ((3)) screw for wood (Germany) ((4)) dried cassava, dried sweet potato (EEC) ((5)) black and white TV set, color TV set (U. K.) Notes: (1) Tobacco shall still be monopolized according to relevantregulations of the St ate. (2) The 10 chemicals which can be used for both civil and militarypurposes and controlled by the international conventions: phosgene,cyanogen chloride, chloropicrin, hydrogen cyanide, phosphchloride,phosphoric chloride, sulphurous acyle, phosphite, sulphur monochloride,phosphorus pentachloride. (3) The 22 chemicals which are easy to make poisons and controlled bythe international conventions: ephedrine, new ergot alkali, ergotamine,ergot acid, 1-benzene-2-acetone, acetyl ortho amino benzene acid,3.4-methyl benzene dioxide- 2-acetone, piperine, sassafras, acetic oxide,acetone, ortho amino benzene formic acid, ether, benzene ether acid,piperidine, methyl ether ketone, toluene, polsassium permanganate,sulphuric acid, hydrochloric acid. (4) The computers are referred to as: CPU adopted 80486 personalcomputer, and personal computers at or above this level; all kinds ofcomputer working station; small-sized computer, other kinds of computersabove the level of the computer, all kinds of foreign computers. Computer related equipment is referred to as: monitors whose screensare above 19 inches (including 19 inches), monitors whose revolving poweris 1024 x 1024 or other kinds of monitors whose revolving power exceedsthis level; magnatic disc saving devices whose capacities exceed 165 MB;all kinds of foreign computers related equipment. (5) The commodities under the textile passive quota, according tostatistics of the MOFERT are 19 categories, 238 commodities.