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	CIRCULAR OF THE GENERAL OFFICE OF THE GENERAL ADMINISTRATION OF CUSTOMS AND THE GENERAL OFFICE OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON CUSTOMS CLEARANCE OF EXPORT LICENSE FOR SENSITIVE ARTICLES AND TECHNOLOGY

	(Docket No.89 [2002] of the General Office of the General Administration of Customs and Ministry of Foreign Trade and Economic Cooperation promulgated on December 30, 2002)


SUBJECT : EXPORT LICENSE FOR SENSITIVE ARTICLES AND TECHNOLOGY
ISSUING DEPARTMENT : MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION (DISSOLVED), GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/30/2002
IMPLEMENT DATE : 12/30/2002
LENGTH : 486 words
TEXT :

According to the Regulations of the People's Republic of China on Control of Nuclear Export, the Regulations of the People's Republic of China on Export Control of Dual-Use Nuclear Goods and Related Technologies, the Regulations of the People's Republic of China on Export Control of Missiles and Related Articles and Technologies, the Regulations of the People's Republic of China on Export Control of Dual-Use Biological Products and Related Equipment and Technologies, and the Measures on Export Control of Certain Chemicals and Related Equipment and Technologies, the articles specified in the lists of the aforesaid regulations and measures are sensitive articles and technologies subject to export control by the state, and shall be subject to the export license administration by the department in charge of foreign trade and economic cooperation under the State Council. Since the measures for the administration of export license for sensitive articles and technologies are still being formulated, and in order to facilitate enterprises' export and to reduce interlinks, the matters concerning customs clearance of export license for sensitive articles and technologies are hereby notified as follows:

I. To export any article specified in the lists of the aforesaid regulations and measures, an operator shall voluntarily present the license to the customs, and if he fails to do so, he shall bear the relevant legal responsibilities arising by himself. The customs may also directly ask the operator to present the license if necessary, and may ask the export operator who hasn't obtained the license to apply for one with the Ministry of Foreign Trade and Economic Cooperation (MOFTEC).

II. Since the measures for the administration of export license for sensitive articles and technologies are still being formulated, an operator shall present the documents of approval of MOFTEC in the export process, the customs shall, directly on the strength of those documents, process the customs formalities pursuant to the provisions, and the General Administration of Customs (GAC) will not transmit the documents of approval of MOFTEC any more.

III. The documents of approval of MOFTEC include two parts: main text and attachment, in case one approval is granted for one license, the documents of approval shall be taken back by the customs and put on file; where in other cases, the customs shall endorse on the back of the attachment the quantity cleared, the date of clearance and the name of the customs officer, keep the copy, and when the valid term expires or the approved quantity is reached, the customs shall take back the documents of approval and put them on file.

IV. The Regulations of the People's Republic of China on Control of Nuclear Export, the Regulations of the People's Republic of China on Export Control of Dual-Use Nuclear Goods and Related Technologies may be consulted at the website of GAC, and GAC will not issue other circulars for them. GAC has already issued circulars for the rest 3 regulations and measures.