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Detailed Implementing Rules to the Provisional Regulations on of the People's Republic of China on the Licensing System for Imported Goods [Effective]
中华人民共和国进口货物许可制度暂行条例施行细则 [现行有效]
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DETAILED IMPLEMENTING RULES TO THE PROVISIONAL REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE LICENSING SYSTEM FOR IMPORTED GOODS
(Issued by the Ministry of Foreign Economic Relations & Trade and the Customs General Administration on May 15, 1984)
 

中华人民共和国进口货物许可制度暂行条例施行细则
(一九八四年五月十五日对外经济贸易部、海关总署发布)


Article 1. These Detailed Implementing Rules are formulated in accordance with the "Provisional Regulations of the People's Republic of China on the Licensing System for Imported Goods" (hereinafter referred to as the "Provisional Regulations").
  第一条 根据《中华人民共和国进口货物许可制度暂行条例》(以下简称《暂行条例》)制定本施行细则。
Article 2. All goods that various areas and various departments throughout the country need to import must be approved by the departments in charge and higher-level controlling departments in accordance with the limits of authority for examination and approval stipulated by the State. For all imported goods which require import licences under the Provisional Regulations and these Detailed Implementing Rules, except for those goods for which the State Council and the Ministry of Foreign Economic Relations and Trade have separate stipulations, application for import licences must first be made and only then may companies which have been approved by the State to conduct import business place orders for goods abroad. The Customs will release the goods upon examination of the import licence and other relevant documents.
  第二条 全国各地区、各部门需要进口的货物,均须按照国家规定的审批权限,经过主管部门和归口审查部门批准。凡《暂行条例》和本施行细则规定凭进口货物许可证进口的货物,除国务院和对外经济贸易部另有规定者外,都必须事先申领进口货物许可证,然后经由国家批准经营该项进口业务的公司对外订货。海关凭进口货物许可证和其它有关单证查验放行。
Article 3. The Ministry of Foreign Economic Relations and Trade acts on behalf of the State to endorse and issue import licences on a unified basis. The Ministry of Foreign Economic Relations and Trade authorises the departments managing foreign economic relations and trade at the provincial level (i.e. the Foreign Economic Relations and Trade offices (ting) and committees and the foreign trade bureaus of the various provinces, autonomous regions and directly-administered municipalities) to endorse and issue some of the import licences for various local departments subordinate to them. The Special Commissioner's Offices of the Ministry of Foreign Economic Relations and Trade established at principal ports (hereinafter referred to as the "Special Commissioner's Offices") shall issue some of the import licences for the relevant departments within the areas under their control. The scope for the endorsement and issuance of import licences by provincial departments in charge of foreign economic relations and trade and by the Special Commissioner's Offices will be handled in accordance with the relevant notices of the Ministry of Foreign Economic Relations and Trade.
The work of the provincial departments in charge of foreign economic relations and trade and the Special Commissioner's Offices in endorsing and issuing import licences is under the direct leadership and supervision of the Ministry of Foreign Economic Relations and Trade. They shall make periodic situation reports to the Ministry of Foreign Economic Relations and Trade, and they shall report as the occasion demands when important questions arise.
  第三条 对外经济贸易部代表国家统一签发进口货物许可证。对外经济贸易部授权省级对外经济贸易管理部门(指各省、自治区、直辖市对外经济贸易厅、委或外贸局,下同)签发本地区所属各部门部分进口货物许可证;对外经济贸易部驻主要口岸特派员办事处(以下简称特派员办事处)签发在其联系地区内有关部门的部分进口货物许可证。省级对外经济贸易管理部门和特派员办事处签发进口货物许可证的范围,按对外经济贸易部有关通知办理。
省级对外经济贸易管理部门和特派员办事处签发进口货物许可证的工作,受对外经济贸易部直接领导和监督。定期向对外经济贸易部报告情况。遇有重要问题随时报告。
Article 4. All types of companies which have been approved to conduct import business in accordance with the limits of authority for examination and approval stipulated by the State Council must conduct their business in strict conformity with the approved scope of business and the import commodities list.
Among the above companies, specialised foreign trade import and export corporations and their subordinate branch corporations at the provincial level, import and export corporations of the various ministries under the State Council and their directly subordinate branch corporations at the provincial level, and the foreign trade and import corporations under the provinces, autonomous regions and directly-administered municipalities (a list of these three types of corporations will be issued separately by the Ministry of Foreign Economic Relations and Trade) shall be exempted from obtaining import licences for imported goods, except for state-restricted import goods. Imports will be released by the Customs upon examination of the relevant documents. Apart from these three types of corporations, all other types of companies conducting import business must apply for import licences for all goods imported by them. The Customs will release imported goods upon examination of their import licences and relevant certificates.
Departments and enterprises which have not been approved to conduct import business by organisations authorised by the State Council are not permitted to import goods on their own. Relevant departments which need to purchase urgently needed goods in small quantities should handle matters in accordance with Articles 7 and 8 of these Detailed Implementing Rules.
  第四条 按国务院规定的审批权限,经批准可以经营进口业务的各类公司,都必须严格按照批准的经营范围和进口商品目录办理进口业务。
上述公司中,外贸专业进出口总公司及其所属省级分公司,国务院各部所属进出口总公司及其直属省级分公司和各省、自治区、直辖市所属外贸进口公司(上述三类公司名单由对外经济贸易部另行通知)所进口的货物,除国家限制进口商品外,免领进口货物许可证。海关凭有关单证查验放行。除上述三类公司外,其他各类有进口业务的公司所进口的全部货物,均须申领进口货物许可证。海关凭进口货物许可证和有关单证查验放行。
未经国务院授权机关批准经营进口业务的各部门、企业,均不准自行进口货物。有关部门如要求自行从国外购买少量急需物品,应按本施行细则第七、第八两条规定办理。
Article 5. The import of goods under contracts signed with factories and businesses abroad and in Xianggang (Hong Kong) and Aomen (Macao) to process materials, assemble components, engage in compensation trade and undertake engineering projects abroad which have been approved by the relevant ministry or commission, or by the People's Government of the province, autonomous region or directly-administered municipality (including organisations authorised by them) in accordance with the limits of authority for examination and approval stipulated by the State Council, shall go through import procedures separately in accordance with the following provisions:
  第五条 根据国务院规定的审批权限,经有关部、委或省、自治区、直辖市人民政府(包括其授权机关)批准,对国外和港澳厂商签订的来料加工、来件装配、补偿贸易、对外承包工程项下的进口货物,分别按下列规定办理进口手续。
(1) Approved imports under contracts for processing materials or assembling components, when within the scope of the approved business and the processed and finished products to be sold abroad, are exempt from obtaining import licences. The Customs will release the imports on examination of the approval documents, the contract with the foreign party and the import documents. Materials, components, and processed and finished goods to be sold in China, which are imported with the approval of the relevant ministries, commissions and provincial departments in charge, shall be treated as ordinary imports. Among these, state-restricted import goods require the approval of the higher-level controlling department, after which application for an import licence may be made. Unrestricted import goods will be handled directly according to Customs import procedures based on the approval documents.
 (一)经批准的来料加工、来件装配合同项下的进口货物,凡属批准该项业务范围内,并将加工成品返销境外的,免领进口货物许可证,海关凭批准文件和对外合同、进口单证查验放行。因故经过国务院有关部、委和省级有关主管部门批准将进口料、件或加工成品转为内销的,视同一般进口。其中国家限制进口商品,须经归口审查部门批准后,申领进口货物许可证;非限制进口商品,凭批准文件,直接向海关办理进口手续。
(2) Unrestricted imports among the imports under approved contracts for compensation trade and foreign engineering projects are exempt from obtaining import licences and will be cleared by the Customs on examination of the approval documents, the contract with the foreign party and the import certificates. State-restricted imports require initial approval by the higher-level controlling department, and application for import licence.
 (二)经批准的补偿贸易、对外承包工程合同项下的进口货物,其中,非限制进口商品,免领进口货物许可证,海关凭批准文件和对外合同、进口单证查验放行;国家限制进口商品须事先经归口部门批准,并申领进口货物许可证。
Article 6. The importation of all state-restricted goods, regardless of the form of import trade (except for imports of materials for processing and components for assembly from abroad under contract terms), the source of foreign exchange and the import channel requires prior initial application for an import licence. Only afterwards can orders for goods be placed by companies approved to conduct the business of importing such goods. Application for an import licence is to be made on the basis of documents approved by the State Planning Commission for state-restricted imports which have already been approved by the State Planning Commission and for which a specific product name, quantity and utilisation department has been transmitted under the state annual import plan. For goods not listed in the state annual import plan and for which a product designation, quantity or utilisation department has been transmitted under the state annual import plan. For goods not listed in the state annual import plan and for which a product designation, quantity or utilisation approval of the departments in charge and higher-level controlling department, and based on approval documents and other related certificates.
Categories of state-restricted imports will be announced and revised in a unified way by the Ministry of Foreign Economic Relations and Trade (see the Appendix for present categories of state-restricted imports).
  第六条 进口国家限制进口商品,不分进口贸易方式(对来料加工、来件装配合同项下的进口货物除外)、外汇来源和进口渠道,都必须事先申领进口货物许可证。然后,才能由国家批准经营该项进口业务的公司对外订货。国家限制进口商品中,已在国家计划委员会批准下达的年度进口计划内列明具体品名、数量和用货部门的,凭国家计划委员会批准计划的文件申领进口货物许可证;未列入国家年度进口计划和计划中无具体品名、数量、用货部门的,按国家规定的审批权限,报经主管部门和归口审查部门批准,凭批准证件和其他有关单证申领进口货物许可证。
国家限制进口商品的品种,由对外经济贸易部统一公布、调整(现行限制进口商品的品种见附件)。
Article 7. The following imports are exempt from import licences, except for state-restricted imports:
  第七条 下列进口物品(国家限制进口商品除外)免领进口货物许可证:
(1) Samples of advertising goods purchased or received from foreign businesses in the course of trade by all companies which have been approved to conduct import and export business in accordance with the authority for examination and approval stipulated by the State Council;
 (一)按国务院规定的批准权限,经批准可以经营进口业务的各类公司,在贸易中购进或接受外商赠送的货样、广告品;
(2) Urgently needed scientific research, educational, cultural, sports, medical and health articles purchased by scientific research, educational, cultural, sports, medical and health departments or by units abroad entrusted by them which have been approved by the Ministry of Foreign Economic Relations and Trade, by provincial departments managing foreign economic relations and trade or by the Special Commissioner's Offices, provided the total value of each lot is less than US$5,000;
......
 (二)科研、教育、文化、体育、医药、卫生部门经对外经济贸易部、省级对外经济贸易管理部门或特派员办事处批准,自行购买或委托驻国外机构购买本单位急需的科研、教育、文化、体育、医药、卫生用品,每批总值在五千美元以下者;
......



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