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Article 1. In order to safeguard the state security and public interest, to regulate the export of sensitive items and technologies, and to strengthen the administration of the export licenses for sensitive items and technologies, the present Measures are formulated in accordance with the Law of the People's Republic of China on Foreign Trade and the relevant regulations and rules of the state on export control. Article 2. The relevant regulations and rules of the state on export control used herein refer to the Regulations of the People's Republic of China on the Control of Nuclear Export, the Regulations of the People's Republic of China on the Export Control of Nuclear Dual-use Items and Related Technologies, the Regulations of the People's Republic of China on the Export Control of Missiles and Related Items and Technologies, the Regulations of the People's Republic of China on the Export Control of Biological Dual-use Items and Related Equipment and Technologies, and the Measures for the Export Control of Given Chemicals and Related Equipment and Technologies. Article 3. In accordance with the relevant regulations and rules of the state on export control, the Ministry of Commerce, in conjunction with the General Administration of Customs, promulgate the Catalogue for the Administration of Export Licenses for Sensitive Items and Technologies (hereinafter referred to the Catalogue), which shall be separately promulgated as an appendix hereto. Article 4. The sensitive items and technologies used in the Catalogue fall within two types. The first type includes the sensitive items and technologies that can correspond to the customs commodity codes, for such items and technologies, the customs office shall require the exporter to present the export license for sensitive items and technologies. The second type includes the sensitive items and technologies that have no accurate customs commodity codes at the present time. To export such goods, the exporter shall present the export license for sensitive items and technologies to the customs office, and shall assume any consequences arising if he fails to do so. Article 5. Where an exporter exports any of the sensitive items and technologies listed in the Catalogue to any country (region) by any trade method, he shall apply for approval for the export of sensitive items and technologies pursuant to the provisions, draw the export license for sensitive items and technologies, and present the license voluntarily when making customs declarations. The customs office shall accept the declaration and process the clearance formalities on the strength of the export license for sensitive items and technologies. The customs office has the right to question whether the goods of the export fall within the scope of sensitive items and technologies, and the exporter shall, pursuant to the provisions, apply to the Ministry of Commerce for approval for the export or for relevant certificates showing that the goods fall outside of the control. Where the exporter fails to provide the export license or the relevant certificates, the customs office shall not process the relevant formalities. Article 6. According to the relevant regulations and rules on export control, if an exporter knows or should have known that the exported items and technologies will be used by the recipient for any purpose related to weapons of mass destruction and the conveyance systems thereof, the exporter shall apply for approval for the export no matter whether such items and technologies are listed in the Catalogue. During the process of export of the sensitive items and technologies, the exporter shall report to the Ministry of Commerce in good time if finding out that the items or technologies may be used by the recipient for the purpose of developing weapons of mass destruction and the conveyance systems thereof, and shall actively take cooperative steps to discontinue the execution of the contract. Article 7. Exporters engaging in the export of sensitive items and technologies shall file an application to the Ministry of Commerce (Department of Science and Technology) for exporting sensitive items and technologies, and shall, upon approval, draw the export license for sensitive items and technologies at the license issuing agency (hereinafter referred to issuing agency) authorized by the Ministry of Commerce on the strength of the letter of approval for the export of sensitive items and technologies issued by the Ministry of Commerce. Article 8. The Ministry of Commerce shall handle an application after receiving the complete and valid application materials, and shall make the decision on whether to approve the export or not within the time limits for examination provided for by the relevant regulations and rules on export control. Where the export is approved, the Ministry of Commerce shall issue to the exporter a letter of approval for the export of sensitive items and technologies; and where the export is not approved, the Ministry of Commerce shall notify the exporter. Article 9. The following documents shall be submitted to apply for exporting sensitive items and technologies: (1) The photocopy of the registration certificate of the export of sensitive items and technologies; (2) A copy of the original Application Form for the Export License for Sensitive Items and Technologies of the People's Republic of China; (3) A copy of both the original certificate of end user and end usage and the Chinese translation thereof; (4) A copy of the duplicate of contracts; (5) A copy of the technical specifications of the sensitive items and technologies of which the export is applied for; (6) A copy of the identity certificate with the sample signature of the legal representative of the enterprise; (7) A copy of both the identity certificate of the handling person and that of the principal operator; and (8) The company profile produced by the end user. The profile shall include a set of documents describing the business scope and business status, etc., and the exporter shall provide the corresponding translations. If the website and brochures, etc., of the end user are available, such information shall be provided together. Article 10. In examination of an export application, the Ministry of Commerce has the right to inquire the exporter, and may require the exporter to supplement the relevant materials if necessary. Article 11. The Ministry of Commerce shall, in light of different circumstances, decide to issue the letter of approval for the export of sensitive items and technologies which will be valid for three months, six months, or one year (calculated from the day of issuing). The exporter shall, within 30 days from the day of issuing of the letter of approval for the export of sensitive items and technologies, draw the export license for sensitive items and technologies with the license issuing agency. The license will be invalidated automatically if the exporter fails to draw it within the prescribed time limit. Article 12. In applying for the export license for sensitive items and technologies, an exporter shall make the application according to the facts, may not commit any fraud, and is prohibited from cheating for the export license for sensitive items and technologies by using any falsified contract, falsified letter of credit or by any other improper means. The export license for sensitive items and technologies may not be traded, transferred, forged or altered. Article 13. The export license for sensitive items and technologies must be used within its valid term and will be invalidated automatically upon expiration. When an export license for sensitive items and technologies is used in the year immediately after the issuing year, the deadline shall be the last day of February of the next year, provided that the validity of the license has not expired, and the license issuing agency will, upon expiration of that period, issue a new corresponding export license for sensitive items and technologies according to the valid term of the license instructed in the letter of approval for the export of sensitive items and technologies. Article 14. The export licenses for sensitive items and technologies shall be subject to the system of "one license for one customs office" and the system of "one license for one declaration". Where export by installments is needed in respect of a contract, the exporter shall raise the issue in the export application, and the Ministry of Commerce shall, after ratification, issue letters of approval for the export of sensitive items and technologies in the corresponding number. No more than twelve installments may be applied for in one application. The system of "one license for one customs office" means that each license may only be used in one customs office for declaration; and the system of "one approval for one license" means that each license may be used only once in customs declaration. Article 15. Each export license for sensitive items and technologies is divided into four pages, the first page is the customs formality page; the second page is the customs record page; the third page is the bank foreign exchange settlement page; and the fourth page is the license-issuing agency record page. Article 16. The license-issuing agency shall, after receiving the written letter of approval for the export of sensitive items and technologies and ensuring there is no mistake after check, issue the export license for sensitive items and technologies within one workday. Article 17. The following documents shall be submitted for obtaining the export license for sensitive items and technologies: (1) The original letter of approval for the export of sensitive items and technologies issued by the Ministry of Commerce; and (2) The valid work certificate of the person who draws the license for the exporter and the original official letter (letter of introduction) of the exporter; where the export license for sensitive items and technologies is handled at any place other than where the exporter is located and it is needed to entrust another person to handle the process due to special circumstances, the entrusted person shall present the original official letter of entrustment (the letter of entrustment shall indicate the reasons for the entrustment and the identity of the entrusted party) of the exporter and the valid certificate of his/her identity. Article 18. A license shall be used only by the exporter that obtained it. The exporter shall keep in good conditions the original vouchers relating to the sensitive items and technologies, may not destroy them within 5 years, and shall reserve them for future selective reference by the Ministry of Commerce. Article 19. Once the export license for sensitive items and technologies has been issued, no entity or individual may modify the contents on the license, and if it is needed to alter any of the contents, the exporter shall return the original export license for sensitive items and technologies to the Ministry of Commerce, explain the reasons in writing, and after applying anew for a letter of approval for the export of sensitive items and technologies, draw the export license for sensitive items and technologies with the license issuing agency on the strength of the original license and the new letter of approval for the export of sensitive items and technologies. Article 20. The surplus or short quantities of sensitive items and technologies in large bulks may not exceed 5% of the export quantities specified in the export license for sensitive items and technologies. Article 21. With respect to the not-for-sale exhibits transported to outside of China for participation in foreign exhibitions or for holding exhibitions abroad, the participant entity (exporter) shall, on the strength of the documents of approval for the exhibition, apply for approval for the export of sensitive items and technologies pursuant to the provisions. The word "exhibition" shall be indicated in the box of note on the export license for sensitive items and technologies. The customs office shall carry out the control and clearance on the strength of the export license for sensitive items and technologies and the customs declaration form of the export goods. The participant entity shall, within 6 months after the end of the exhibition, transport the not-for-sale exhibits back to China in their original quantities, and the customs office shall make the verification on the strength of the relevant exit documents. Under special circumstances, the participant entity may apply to the customs office for extension, however, the extension may not exceed 6 months at the most. Article 22. The for-sale exhibits transported to outside of China for participation in foreign exhibitions or for holding exhibitions abroad shall be deemed as ordinary export goods, and the participant entity (exporter) shall, on the strength of the documents of approval for the exhibitions, apply for approval for the export of sensitive items and technologies pursuant to the provisions. Article 23. The sample goods or samples for experimental purpose transported to outside of China shall be deemed as ordinary export goods, and the exporter shall apply for approval for the export of sensitive items and technologies pursuant to the provisions. The words "sample goods" shall be indicated in the note box on the export license for sensitive items and technologies. Article 24. The sensitive items and technologies that are exported through foreign intercourse, exchange, gift, aid, services or other forms shall be deemed as ordinary export goods, and the relevant entity (exporter) shall apply for approval for the export of sensitive items and technologies. Article 25. Should the export license for sensitive items and technologies already obtained be lost, the exporter shall promptly notify the Ministry of Commerce and the customs office in writing. The application formalities shall be gone through again if necessary. Article 26. The license-issuing agency shall, pursuant to the provisions of the Ministry of Commerce on network check, submit the data of license issuing to the Ministry of Commerce (Department of Science and Technology), notify the customs office at the same time, check the data fed back by the customs office, regularly inspect the use of export licenses for sensitive items and technologies and find out the existing problems. Article 27. If any party exports sensitive items and technologies without approval or beyond the approved scope, or violates Article 11 hereof, the Ministry of Commerce shall punish that party pursuant to the relevant regulations and rules of the state on export control. Any entity or individual may expose to the Ministry of Commerce or the customs office the acts of exporting sensitive items and technologies of an exporter that violates the relevant regulations and rules of the state on export control and the provisions hereof. The Ministry of Commerce and the customs office shall keep confidential for the party exposing the violation, and shall punish the violator according to law. Where the exposure is found to be true upon investigation, the competent authority may award the party exposing the violation. Article 28. The Ministry of Commerce may, in conjunction with the General Administration of Customs, adjust the Catalogue according to the actual situations. Article 29. Where the Ministry of Commerce adjusts any authorized license issuing agency, that agency may no longer issue the export license for sensitive items and technologies as of the day of adjustment. The export licenses for sensitive items and technologies obtained by the exporters prior to the adjustment shall remain valid within their respective valid terms. Article 30. The power to interpret the present Measures shall remain with the Ministry of Commerce and the General Administration of Customs according to their respective duties. Article 31. The present Measures shall come into force on January 1, 2004. |
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