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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II TOTAL VOLUME OF AND APPLICATION FOR QUOTAS FOR COAL EXPORT CHAPTER III DISTRIBUTION, ADJUSTMENT AND ADMINISTRATION OF QUOTAS FOR COAL EXPORT CHAPTER IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are formulated in accordance with the relevant provisions in the "Foreign Trade Law of the People's Republic of China" and the "Regulation of the People's Republic of China on the Administration of Import and Export of Goods" in order to regulate coal export, guarantee the administration of quotas for coal export to comply with the principles of efficiency, impartiality, publicity and transparency, and to maintain the normal order of coal export. Article 2. The State Development and Reform Commission (hereinafter referred to the SDRC) shall, jointly with the Ministry of Commerce, be responsible for determining the total quantity of quotas for coal export of the whole country and the distribution thereof. Article 3. The present Measures shall apply to coal export in ordinary trade methods. The coal export in other trade methods shall be subject to the relevant existing provisions. CHAPTER II TOTAL VOLUME OF AND APPLICATION FOR QUOTAS FOR COAL EXPORT Article 4. The total volume of quotas for coal export in each year and the application procedures shall be announced by the SDRC on the website of China Economic Information (http://www.cei.gov.cn) and that of the State Development and Reform Commission (http://www.sdpc.gov.cn) by October 31 of the last year. Article 5. The following factors shall be taken into account when determining the total volume of quotas for coal export: (1) guaranty of the state's economic safety; (2) rational utilization of coal resources; (3) conformity with the development planning, targets and polices of the state in respect of the relevant industries; and (4) supplies and demands in the international and domestic markets. Article 6. Coal export shall apply state-run trade administration. An export enterprise that has obtained the state-run trade right for coal export may apply for quotas for coal export. Article 7. An export enterprise shall file a quota application to the SDRC in due written form, and shall submit the relevant documents required. Article 8. The SDRC shall, from November 1 to 15 of each year, accept the applications filed by coal export enterprises for quotas for coal export of the next year. CHAPTER III DISTRIBUTION, ADJUSTMENT AND ADMINISTRATION OF QUOTAS FOR COAL EXPORT Article 9. The SDRC shall, jointly with the Ministry of Commerce, distribute to the enterprises 80% of the total volume of quotas for coal export for the next year by December 15 of each year, and the remaining part shall be distributed before June 30 of the very year. Article 10. The quotas for coal export shall be distributed by referring to the coal export performance of the enterprises during the last year. Article 11. The validity period of a quota for coal export shall expire on December 31 of the current year. Article 12. The distributed quotas may be adjusted, if any of the following circumstances occurs: (1) There is any major change in international market; (2) There is any major change in the situation of domestic resources; (3) The schedules of using the quotas by export enterprises are obviously not balanced; (4) Other circumstances under which the quotas need to be adjusted. Article 13. A coal export enterprise shall, upon strength of the approval document for quota, and in accordance with the relevant administrative provisions on export permit, apply to the permit issuance institution authorized by the Ministry of Commerce for the export permit, and shall, upon strength of the export permit, go through the formalities of customs declaration and release upon inspection in the customs afterwards. The coal export permits shall be administered in accordance with the relevant provisions of the Ministry of Commerce on permit administration. Article 14. A coal export enterprise shall report the information on using quotas for coal export of the last month to the SDRC for archival purposes by the fifth day of each month. CHAPTER IV LEGAL LIABILITIES Article 15. Where a coal exporter is punished by the customs, the taxation authority, the commodity authority, the foreign exchange administration, or any other organ due to its violation of laws or rules, the SDRC may, in accordance with the actual circumstance, deduct the quotas for coal export that the coal exporter has already obtained. Article 16. Where a coal exporter forges or alters an approval document or export permit for export quotas, or obtains an approval document or export permit for export quotas by deceptive or other unfair means, it/he shall be punished in accordance with Articles 66 and 67 of the "Regulation on Import and Export of Goods". The SDRC may also nullify the quotas for coal export that the coal exporter has already obtained. Article 17. Whoever has any dissents over any decision on quota distribution or on penalty may either initiate an administrative reconsideration in accordance with the "Administrative Reconsideration Law", or bring a lawsuit to the people's court in accordance with the law. CHAPTER V SUPPLEMENTARY PROVISIONS Article 18. The responsibility to interpret the present Measures shall remain with SDRC, the Ministry of Commerce and the General Administration of Customs. Article 19. The present Measures shall come into force on July 1, 2004. |
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