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Article 1. These Measures are formulated in accordance with the Foreign Trade Law of the People's Republic of China (hereinafter referred to the Foreign Trade Law) and the Provisions of the People's Republic of China on the Administration of the International Freight Forwarding Industry for the purpose of strengthening the administration to the international freight forwarding industry. Article 2. All international freight forwarders and their branches (hereinafter referred to as international freight forwarders) that are legally registered at the state administrative department of industry and commerce shall go through the archival filing and registration at the Ministry of Commerce or an organ entrusted by the Ministry of Commerce. Article 3. The Ministry of Commerce shall be the competent department in charge of the archival filing work of international freight forwarders across the country. Article 4. National network and territorial administration shall be applicable to the archival filing work of international freight forwarders. The Ministry of Commerce entrusts the local commerce administrative departments (hereinafter referred to as the archival filing organs) to be responsible for handling the archival filing of international freight forwarders of their respective regions. The entrusted archival filing organs may not entrust other institutions to conduct archival filing on their own initiatives. An archival filing organ shall have the fixed office place necessary for the archival filing, and the full time personnel of management, type-writing, technological support and maintenance, and shall have the relevant facilities to link with the information management system of international freight forwarders of the Ministry of Commerce (hereinafter referred to as the information management system). The Ministry of Commerce may issue a written power of attorney to an archival filing organ that meet the said conditions, issue the archival filing seal made under the unified supervision of the Ministry of Commerce, and publicize it to the general public. The archival filing organ may handle archival filing formalities through the information management system upon the strength of the written power of attorney and the archival filing seal. In case an archival filing organ has any change and does not meet the said conditions or fails to handle the archival filing in accordance with the provisions of Articles 6 and 7 of these Measures, the Ministry of Commerce may cancel the entrustment. Article 5. An international freight forwarder shall go through the archival filing at the archival filing organ of its own region (in the case of a province with cities directly under separate state planning, it shall be administrated pursuant to the management scopes of the province and cities directly under separate state planning). The archival filing procedures of international freight forwarders shall be as follows: 1. Obtaining an Archival Filing Form of International Freight Forwarders (hereinafter referred to as the Archival Filing Form). An international freight forwarder may download an Archival Filing Form through the government website of the Ministry of Commerce (http£º//www.mofcom.gov.cn) or obtain an Archival Filing Form (see the attachment for specimen) at the archival filing organ at its locality; 2. Filling in a Registration Form. An international freight forwarder shall carefully fill in the information of all matters concerned in accordance with the requirements of the Registration Form, and ensure that the filled contents be complete, accurate and authentic. Meanwhile, it shall carefully read the clauses in the back of the Registration Form, and the legal representative thereof shall affix his signature and seal on it; and 3. The following archival filing materials shall be submitted to the archival filing organ: (1) A Registration Form filled in out according to the requirements of Paragraph 2 of this Article; (2) A photocopy of the business license; and (3) A photocopy of the certificate of the organization's institutional code. Article 6. The archival filing organ shall handle the archival filing formalities within 5 days from the date of receiving the abovementioned materials submitted by an international freight forwarder, and affix the archival filing seal on the Registration Form. Article 7. The archival filing organ shall, at the time of completing the archival filing formalities, wholly and accurately record down and keep the archival filing information and materials of international freight forwarders, and establish archival filing records according to law. Article 8. An international freight forwarder shall go through the relevant formalities as required for carrying out international freight forwarding business upon the strength of the Registration Form that has been affixed with the archival filing seal within 30 days at the relevant department. In the case of engagement in the relevant businesses that demand the registration of the relevant department-in-charge pursuant to the provisions of any law or administrative regulation, such registration shall be conducted at the relevant department-in-charge. Article 9. In case there is any alteration of any information in the Registration Form, an international freight forwarder shall go through the alteration formalities of the Registration Form within 30 days by referring to the relevant provisions in Article 5 of these Measures. If any international freight forwarder fails to go through the alteration formalities, its Registration Form shall be invalidated automatically. The archival filing organ shall handle the alteration formalities in good time after receiving the written materials submitted by an international freight forwarder. Article 10. An international freight forwarder shall, according to the Provisions of the People's Republic of China on the Administration of the International Freight Forwarding Industry, submit the documents and materials concerning the operational activities to the Ministry of Commerce or its entrusted organ (institution), which shall keep trade secrets of the providers to itself. Article 11. Where an international freight forwarder has gone through the cancellation formalities at the industrial and commercial department or is revoked of its business license, the Registration Form shall be invalidated automatically from the date of cancellation or revocation of the business license. Article 12. After having revoked the archival filing of any international freight forwarder, the archival filing organ shall circulate a notice regarding the relevant information to the departments of customs, inspection and quarantine, foreign exchange and taxation in good time. Article 13. No international freight forwarder may forge, alter, tamper, lease, lend, transfer or sell the Registration Form. Article 14. No archival filing organ may charge fees in any disguised form when handling the archival filing or the alteration of archival filing. Article 15. An international freight forwarder approved prior to these Measures shall handle its archival filing in accordance with these Measures. Article 16. A foreign-funded international freight forwarder shall go through the archival filing pursuant to the Provisions of the People's Republic of China on the Administration of the International Freight Forwarding Industry. Article 17. The trade association of international freight forwarders shall help the governmental departments in-charge to do a good job in the archival filing of enterprises, and bring into full play the coordinative function of the trade association, and reinforce the industrial self-discipline. Article 18. The power to interpret these Measures shall remain with the Ministry of Commerce. Article 19. These Measures shall come into force as of April 1, 2005. Those provisions inconsistent with these Measures shall be abolished as of the date of the promulgation of these Measures. Attachment: Archival Filing Form of International Freight Forwarders (Sample) (Omitted) |
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