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Article 1. The present Measures are hereby formulated in accordance with the relevant provisions of Article 9 of the Foreign Trade Law of the People's Republic of China (hereinafter referred to the Foreign Trade Law) for the purpose of promoting foreign trade development. Article 2. Any foreign trade business operator undertaking the import or export of goods or technology shall go through the archival filing and registration to the Ministry of Commerce of the People's Republic of China (hereinafter referred to the "MOC") or the institutions entrusted by the MOC. But those for whom there is no need to make archival filing and registration prescribed by laws, administrative regulations and the provisions of the MOC shall be excluded. In case a foreign trade business operator fails to go through the archival filing and registration according to the present Measures, the customs shall not handle the formalities for declaration of release for import and export. Article 3. The MOC is the competent department in charge of the work of archival filing and registration of foreign trade business operators of the whole country. Article 4. National network and territorial administration shall be conducted for the work of archival filing and registration of foreign trade business operators. The MOC entrusts the competent local departments in charge of foreign trade (hereinafter referred to the archival filing and registration organs) to be responsible for handling the formalities of archival filing and registration of foreign trade business operators of their own regions. The entrusted archival filing and registration organs may not entrust other institutions to conduct archival filing and registration without authorization. An archival filing and registration organ shall have the fixed office place is necessary for handling the archival filing and registration, and the full time personnel of management, type-writing, technology support, and maintenance, and shall have the relevant facilities linking with the network system of archival filing and registration of foreign trade business operators of the MOC (hereinafter referred to the archival filing and registration network). The MOC may issue written letter of entrustment to the archival filing and registration organs meeting the preceding conditions, issue the seal of archival filing and registration made under the unified supervision of the MOC, and publicize them. The archival filing and registration organs may handle formalities of archival filing and registration through the network of archival filing and registration of the MOC upon the strength of the written entrustment letter and the seal of archival filing and registration. In case an archival filing and registration organ has any change and does not meet the preceding conditions, or fails to handle the archival filing and registration in accordance with the provisions of Articles 6 and 7 of the present Measures, the MOC may take back the entrustment. Article 5. Procedures for Archival Filing and Registration of Foreign Trade Business Operators A foreign trade business operator shall go through archival filing and registration at the archival filing and registration organs of his/its own region. The procedures for archival filing and registration of a foreign trade operator shall be as follows: (1) Drawing the Form of Archival Filing and Registration of Foreign Trade Business Operators (hereinafter referred to the Registration Form). A foreign trade business operator may download the Registration Form through the government website of the MOC (http//www.MOC.com.gov.cn) or draw the Registration Form (the attachment) at the archival filing and registration organ at his/its locality; (2) Filling in the Registration Form. A foreign trade business operator shall carefully fill in the information of all the matters concerned in accordance with the requirements of the Registration Form, and ensure that the contents he/it fills in be complete, accurate and real. Meanwhile, he/it shall carefully read the clauses in the back of the Registration Form, and the legal representative of the enterprise or the responsible person of the individual business shall sign and seal on it; and (3) The following documents of archival filing and registration shall be submitted to the archival filing and registration organs: 1. Registration Form filled in according to the requirements of paragraph 2 of this Article; 2. Photocopy of the business license; 3. Photocopy of the certificate of organization number; 4. Photocopy of the certificate of approval of the foreign funded enterprise in case the foreign trade business operator is a foreign funded enterprise; and 5. The individual business (proprietorship) that has handled the industry and commerce registration according to law shall also submit the certificate of property notarization issued by legal notarial organs. A foreign (regional) enterprise having handled the registration for industry and commerce according to law shall also submit the documents of certificate of capital credit issued by the legal notarial organs. Article 6. The archival filing and registration organs shall handle the formalities of archival filing and registration within 5 days from the date of receiving the above-mentioned documents submitted by a foreign trade business operator, and seal a seal of archival filing and registration on the Registration Form. Article 7. The archival filing and registration organs shall, at the time of completing the formalities for archival filing and registration, record and keep wholly and accurately the information of archival filing and registration and the registration documents of any foreign trade business operator, and establish records of archival filing and registration according to law. Article 8. A foreign trade business operator shall go through the relevant formalities needed for carrying out foreign trade business within 30 days at the local customs house, departments of inspection and quarantine, foreign exchange and tax, etc. upon the strength of the Registration Form that has been sealed with the seal of archival filing and registration. If he/it fails to go through such formalities, the Registration Form will be invalidated automatically. Article 9. In case there is any alteration in the registration matters in the Registration Form, the foreign trade business operator shall go through the formalities for alteration of the Registration Form within 30 days by referring to the relevant provisions of Articles 5 and 8 of the present Measures. If any foreign trade business operator fails to go through the alteration formalities, his/its Registration Form shall be invalidated automatically. The archival filing and registration organs shall handle the alteration formalities in time after receiving the written documents submitted by a foreign trade business operator. Article 10. Where a foreign trade business operator has gone through the cancellation formalities at the department for industry and commerce or is revoked of his/its business license, the Registration Form shall be invalidated automatically from the date of cancellation or revocation of the business license. According to the relevant provisions of the Foreign Trade Law, if the MOC determines to prohibit the relevant foreign trade business operators from conducting the relevant business activities of import or export of goods or technology within the time limit of one year up to three years, the archival filing and registration organs shall revoke their Registration Form. After the term of punishment expires, the foreign trade business operators may go through the archival filing and registration again in accordance with the present Measures. Article 11. The archival filing and registration organs shall submit a report to the departments of customs, inspection and quarantine, foreign exchange and tax in time on the relevant information after having revoked the archival filing and registration of any foreign trade business operator. Article 12. No foreign trade operator may forge, change, alter, lease, lend, transfer or sell the Registration Form. Article 13. No archival filing and registration organ may charge fees in disguised form when handling the archival filing and registration or the alteration of archival filing and registration. Article 14. Where, before the implementation of the present Measures, a foreign trade business operator has obtained the business qualification of import and export of goods and technology according to law, and is undertaking the import and export business activities only within the originally approved business scope, he/it does not need to go through the archival filing and registration formalities. If the foreign trade business operator conducts business activities of import and export exceeding the originally approved business scope, he/it shall have to handle the archival filing and registration in accordance with the present Measures. Article 15. The power to interpret the present Measures shall remain with the MOC. Article 16. The present Measures shall come into force as of July 1, 2004. Those provisions inconsistent with the present Measures shall be abolished as of the date of the promulgation of the present Measures. Attachment: 1. Form of Archival Filing and Registration of Foreign Trade Operators (Omitted) |
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