Foreign Trade Operator Registration Measures

Transcription

1 Foreign Trade Operator Registration Measures Article 1 In order to promote the development of foreign trade, these Measures are formulated in accordance with Article 9 of the Foreign Trade Law of the People s Republic of China ( Foreign Trade Law ). Article 2 A foreign trade operator that is engaged in the import and export of goods or the import and export of technologies shall handle with the procedures with the Ministry of Commerce of the People s Republic of China ( MOFCOM ) or the institutions entrusted by MOFCOM for registration; except when registration is not required by laws, administrative regulations and MOFCOM s provisions. If a foreign trade operator does not complete the procedures for registration according to these Measures, the customs authorities shall not handle the formalities for customs declaration, examination and discharge. Article 3 MOFCOM is the countrywide competent authority for registration of foreign trade operators. Article 4 The nation-wide interconnection and territorial-jurisdiction-based administration are implemented for the work of registration of foreign trade operators. MOFCOM entrusts the local foreign trade authorities which meet the conditions ( Registration Authority ) to be responsible for handling the procedures for registration of foreign trade operators in the local areas; and the entrusted Registration Authorities may not, at their own discretion, entrust other institutions to handle the procedures for registration. A registration Authority must have a necessary fixed office site, full-time personnel for management, recording, technical support and maintenance, and relevant equipments connected with the import and export registration network system of MOFCOM ( Registration Network ), etc. For a Registration Authority that meets the above conditions, MOFCOM may produce a written proxy, grant a registration seal made under the uniform monitoring by MOFCOM and make a public announcement. The Registration Authority will handle the registration procedures through the registration network system of MOFCOM on the strength of the written proxy and the registration seal provided by MOFCOM. In case that the situation of a Registration Authority has changed and it does not meet the above conditions any longer, and in case that a Registration Authority fails to complete the registration procedures in accordance with Article 6 and Article 7 of these Measures, MOFCOM may recall the entrustment to such Registration Authority. Article 5 Procedures for Foreign Trade Operator Registration A foreign trade operator shall complete the procedures for registration with the Registration Authority in its local area. The procedures for registration are as follows:

2 (1) Collecting a Foreign Trade Operator Registration Form ( Registration Form ). The foreign trader operator may download the Registration Form from the website of MOFCOM ( ) or collect the Registration Form from the Registration Authority in the local area (a sample of this Registration Form is attached hereto). (2) filling in the Registration Form. The foreign trade operator shall, in an earnest manner, fill in the information on all the items in accordance with the requirements of the Registration Form, and ensure that the information filled in is complete, accurate and authentic; and, at the same time, shall read the clauses on the back of the Registration Form in an earnest manner, and shall have the Registration Form signed or stamped by the legal representative; (3) submitting the following registration materials to the Registration Authority: 1. a Registration Form filled in according to the requirements of Article 5 (2) of these Measures; 2. a photocopy of the Business License; 3. a photocopy of the Institution Code Certificate of Organization; 4. the Foreign-invested Enterprise Approval Certificate; and 5. other materials deemed necessary to be submitted by the Registration Authority. Article 6 Within 5 days after receiving the above materials submitted by a foreign trade operator, the Registration Authority shall handle the procedures for registration and affix the registration seal on the Registration Form. Article 7 At the same time when a Registration Authority completes the procedures for registration, it shall completely and correctly record and keep the registration information of the foreign trade operator and the registration materials, and set up registration archives according to law. Article 8 With 30 days, the foreign trade operator shall complete the necessary procedures with the local customs, foreign exchange, tax offices and other authorities for conducting foreign trade business on the strength of the Registration Form affixed with the registration seal, and thereafter it can engage in the operation activities of importing and exporting goods or importing and exporting technologies. If a foreign trade operator fails to complete the procedures within the time limit, its Registration Form will automatically become invalid. Article 9 In case of change to any registration item on a Registration Form, a foreign trade operator shall complete the procedures for change according to relevant provisions of Article 6 and Article 9 hereof; and in case of failure to complete the procedures for change within 30 days, its Registration Form will automatically become invalid.

3 After a Registration Authority receives the written materials and the information in electronic form from a foreign trade operator, it shall promptly handle the procedures for change. Article 10 Where a foreign trade operator suspends its import and export operation activities, or it has completed the procedures with a industry and commerce administration authority for cancellation, or its business license has been revoked, it shall complete the procedures with the Registration Authority for cancellation of registration and return the Registration Form within 30 days after occurrence of the above situations. According to relevant provisions of the Foreign Trade Law, when MOFCOM decides to prohibit relevant foreign trade operators from conducting the operation activities of importing and exporting goods or importing and exporting technologies within a period above one year and below three years, the Registration Authorities shall cancel their Registration Forms; and after expiration of the punishment period, the foreign trade operators may complete the procedures for registration anew according to these Measures. Article 11 After a foreign trade operator completes the procedures for canceling registration, the Registration Authority shall notify the customs, foreign exchange, tax offices and other authorities of the relevant situation in a timely manner. Article 12 Foreign trade operators may not counterfeit, forge, alter, lease, lend, transfer and sell Registration Forms. Article 13 When a Registration Authority handles the procedures for registration or change, it may not impose charges in a disguised form, and is only permitted to charge the production cost which is no more than RMB 10 (temporarily decided). Article 14 The foreign trade operators that have already obtain the qualification to importing and exporting goods and technologies according to law prior to the implementation of these Measures and only engage in the import and export operation activities within the originally approved business scope do not need to complete the procedures for registration. Where such foreign trade operators engage in import and export operation activities beyond the originally approved business scope, they need to complete the procedures for registration in accordance with these Measures. Article 15 MOFCOM is responsible for the interpretation of these Measures. Article 16 These Measures shall become effective as of July 01, Any regulations inconsistent with these Measures shall be annulled on the promulgation date of these Measures. Foreign Trade Operator Registration Form

4 Name of the Operator in Chinese Name of the Operator in English Institution Code of Organization Domicile Site of Operation Contact Telephone Number Postcode Registration Date at the Industry and Commerce Administration Authority Type of the Operator Contact Fax Number Address Registration Number at the Industry and Commerce Administration Authority Name of the Legal Representative or Responsible Person Identity Card Number of the Legal Representative or Responsible Person Tax Registration Number Customs Registration Number Foreign Exchange Registration Number Registered Capital Investment Contributor 1 Amount of Contribution 1 Investment Contributor 2 Amount of Contribution 2 Investment Contributor 3 Amount of Contribution 3 Foreign trade operators shall carefully read the clauses on the back before filling in this form, and sign or affix the seal in the corresponding position in the right bottom corner. Seal of Registration Authority [year/month/date] This Foreign Trade Operator warrants as follows: 1. to comply with the Foreign Trade Law of the People s Republic of China and its ancillary regulations and rules; 2. to comply with the other laws, regulations and rules of the People s Republic of China in relation to customs, foreign exchange, tax, inspection and quarantine, environmental protection, intellectual property and other issues; 3. the information filled in the Registration Form is complete, accurate and authentic; and the photocopies of the business license, proof for practice formalities, Institution Code of Organization and other materials are complete, accurate and authentic; 4. not to counterfeit, forge, alter, lease, lend, transfer and sell the Foreign Trade Operator Registration

5 Form; 5. to complete the procedures with the original Registration Authority for change of the Foreign Trade Operator Registration Form within 30 days after occurrence of change of any item filled in the Foreign Trade Operator Registration Form; 6. to complete the procedures with the Registration Authority for cancellation of registration and return the Foreign Trade Operator Registration Form within 30 days after it suspends import and export operation activities or after it has completed the procedures with the industry and commerce administration authority for cancellation or after its business license has been revoked or after it has stopped practicing for any reason. For breach of the above, this Foreign Trade Operator is willing to undertake all the legal responsibilities. Signature or seal of the foreign trade operator [year/month/date]