China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	DETAILED RULES OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION (MOFTEC) FOR EXPORT COMMODITIES QUOTA CONTROL

	(NO.1: PROMULGATED BY THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON APRIL 10, 1993)


SUBJECT : EXPORT QUOTA
ISSUING DEPARTMENT : MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 04/10/1993
IMPLEMENT DATE : 04/10/1993
LENGTH : 1,114 words
TEXT :

Article 1. These Rules are formulated to enforce the "Interim Procedures for Export Commodities Control" (For the procedures, please refer to CEN No. 10, 1993).

Article 2. Planned quota control shall be imposed on 38 kinds of bulk exports of resources that are of importance to national economy and the people's livelihood as listed in Attachment 1 of these Rules, as well as to bulk export of traditional products that accounted for a great portion in China's total exports.

Article 3. MFTEC shall compile and notice the list of export commodities under planned-quota control. For those commodities that come under the administration of the State Planning Commission (SPC), MFTEC shall consult the commission before the making of the plans.

Article 4. Unified joint management shall be exercised over the 16 commodities under planned-quota control listed in Attachment 2(specific procedures enacted separately). Other commodities under planned-quota control shall be allotted to the management of successful export corporations concerned or enterprises that have obtained the right to export such commodities.

Article 5. Corporations and enterprises empowered to export commodities under planned-quota control shall propose and report the amounts of the commodities planned to be exported in the following year to the foreign economic relations and trade departments (or commission or bureau) of the provinces, autonomous regions, municipalities directly under the Central Government, or cities handling its own development plans (hereinafter referred to as "local government offices in charge of economy and trade").

Local branches of nonferrous metals, metallurgy, international petro-chemical, electronics, and auto import/export corporations shall also report the export plans to their parent corporations besides the local government offices in charge of economy and trade.

Foreign funded-enterprises (FFEs) propose their export plans for the export of the commodities under planned quota control to the local government offices in charge of economy and trade.

Article 6. All local government offices in charge of economy and trade should balance all of the proposed export amounts of commodities under planned-quota control, and submit a written report of the results to MFTEC. Proposed amounts of exports by FFEs shall be listed separately.

For the above-mentioned 16 kinds of commodities under unified joint management and the commodities under planned-quota control managed by local branches of nonferrous, metallurgy, international petro-chemical, electronics, and auto import/export corporations, all local government offices in charge of economy and trade shall report their planned amounts for export separately to the MFTEC, and at the same time send copies of the reports to the related foreign trade corporations.

Foreign trade and industry-trade corporations under various ministries or commissions (hereinafter referred to as "foreign trade corporations of various ministries) shall compile the plans for exporting the planned-quota commodities in the following year under their management and report them to MFTEC.

For commodities under the balancing and management of the State Planning Commission, the above-mentioned proposed amounts for export of commodities under planned quota control to MFTEC shall be copied and sent to the commissions concerned.

Article 7. After a final balance to all the proposed amounts of annual exports of commodities under planned-quota goods, MFTEC shall give orders for their enforcement.

Article 8. According to the general export plans, MFTEC shall separately decide for the total amounts of export of commodities under planned-quota control for various foreign trade corporations of localities and ministries.

Article 9. MFTEC shall balance and decide the export amounts of commodities under planned-quota control according to the distribution of resources of various localities and managing abilities of various corporations to give priority to those localities and foreign trade corporations that have brought in good returns from export.

Article 10. Within the total export amounts of commodities under planned-quota control defined by MFTEC, the various local government offices in charge of economy and trade shall allocate the planned quotas in their localities.

Article 11. All local government offices in charge of economy and trade shall allocate the planned quotas according to:

(1) Stipulated scope of management;

(2) Results of export to give priority to various foreign trade corporations that have great managing ability and earned good returns from export; and

(3) Export quotas set to FFEs by MFTEC according to actual production capacity of FFEs in the current year.

Article 12. All local government offices in charge of economy and trade shall report their allocation plans to MFTEC for the record with copies of the plans to be sent to related offices issuing export licenses and related importers and exporters associations.

Article 13. Foreign trade corporations shall apply for licenses of the allocated quotas of export from offices assigned by MFTEC by showing their planned-quota export certificates. No license-issuing office shall grant a license permitting an amount of exports beyond the planned quota.

Article 14. An license for an annual export quota is valid for the current year. No extension shall be allowed, and no quotas for the following year shall be borrowed. Before receiving the export quotas for the following years, one can, after December 15, apply to the license-issuing office for an export license for the following year that authorizes the export of 1/4 of
the planned quota of the current year. This amount shall be deducted from the planned quota of the following year after it is received.

Article 15. MFTEC shall readjust the planned quotas twice a year, in May and September.

Applications for the readjustment of plans can follow the similar procedures prescribed by these Rules for export proposals. They shall be submitted to MFTEC before the end of April and the end of August.

Under drastic changes in domestic resources or in the world market, MFTEC can separately approve readjustments to the planned quotas according to practical needs.

MFTEC shall not accept applications for readjusting planned quotas at the Guangzhou Exports Commodities Fair and other kinds of fairs.

Article 16. All local government offices in charge of economy and trade and foreign trade corporations of various departments shall regularly examine the actual exports of commodities under planned-quota control and report to MFTEC the fulfillment of plans as well as problems concerned in time.

Article 17. All kinds of foreign trade corporations engaging in export of commodities under planned-quota control shall join in related importers and exporters associations as members. They must accept arrangements by the importers and exporters associations in coordination of export markets, prices, and clients.

FFEs shall accept arrangement by the Foreign Investment Businesses Association and related importers and exporters associations in coordination.

All importers and exporters associations shall report the results of coordination and make corresponding proposals to MFTEC at the end of each quarter.

Article 18. These Rules shall come into force on the day of publication.

Attachment 1: List of Commodities Under Planned-Quotas Control (omitted)