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BIZCHINA / Foreign Trade

Measures on Record Registration of Foreign Trade Dealers

Updated: 2006-04-17 11:38

Measures on Record Registration of Foreign Trade Dealers, adopted at
Ninth Ministerial Conference of Ministry of Commerce on June 19, 2004,
are now published and come into effect as of July 1, 2004.

Minister: Bo Xilai
June 25, 2004

Article 1 For the purpose of promoting the development of foreign trade,
the said Measures are formulated in accordance with related provisions of
Article 9 of Foreign Trade Law of the People's Republic of China
(hereinafter refers to as "Foreign Trade Law").

Article 2 Foreign trade dealers engaged in import and export of
commodities or techniques should register for the record in Ministry of
Commerce of People's Republic of China (hereinafter referred to as
"Ministry of Commerce") or organs entrusted by Ministry of Commerce, with
the exception of those who are allowed not to register for the record by
laws, administrative rules and Ministry of Commerce.

If any foreign trade dealers do not register in accordance with the said
Measures, the customs will not handle for them the formalities of customs
declaration and approval.

Article 3 Ministry of Commerce is a nationwide administration responsible
for record registration of foreign trade dealers.

Article 4 Nationwide network and possession management are put into
practice in record registration of foreign trade dealers.

Ministry of Commerce entrusts qualified local administrations responsible
for foreign trade (hereinafter referred to as "record registration
organs") with record registration of local foreign trade dealers. The
entrusted record registration organs should not entrust other organs with
record registration on one's own.

Record registration organs must have fixed offices, full-time personals
of management, record, technique support, maintenance and related
equipment connecting network system of record registration of foreign
trade dealers of Ministry of Commerce (hereinafter referred to as "record
registration network").

Ministry of Commerce may issue trust deeds, distribute record
registration seals manufactured under the supervision of Ministry of
Commerce to the record registration organs meeting above requirements,
and make it published. Record registration organs handle record
registration by the trust deed and record registration seal through
record registration network of Ministry of Commerce. Ministry of Commerce
may withdraw its entrusts to the record registration organs who have
anything changed, do not meet above requirements and do not handle record
registration in accordance with the provisions of Article 6 and 7 of the
said measures.

Article 5 the procedure of record registration of foreign trade dealers
Foreign trade dealers register for the record in local record
registration organs.

The procedure of record registration of foreign trade dealers as follows:
(1) Get Record Registration Form of Foreign Trade Dealers (hereinafter
referred to as "Registration Form"). Foreign trade dealers may download
Registration Form from the network of Ministry of Commerce
(http://www.mofcom.gov.cn), or get it from local record registration
organs (The pattern is attached at the end of these Measures).
(2) Fill in Registration Form. Foreign trade dealers should fill in the
Registration Form carefully with all information and assure the contents
are complete, correct and true. They should also read carefully the
provisions on the back of Registration Form. The Registration Form should
be signed and sealed by legal representatives of the enterprises or the
persons in charge of individual industry and commerce.
(3) Submit following record registration materials to record registration
organs:
a. The Registration Form filled in under Section 2 of this Article;
b. Copy of business license;
c. Copy of organization code certificate;
d. Foreign trader dealers who are foreign-invested enterprises should
also submit the copy of approval certificate of foreign-invested
enterprises;
e. Individual dealers of industry and commerce who go through
registration of industry and commerce in accordance with laws should
submit notarial certificate of property issued by legal notary organs.
The enterprises of foreign countries (regions) that have registered as
dealers of industry and commerce (dealers of exclusive ownership and
management) in accordance with laws should submit certificate of fund
credit issued by legal notary organs.

Article 6 Record registration organs should handle record registration
with 5 days after receipt of above materials submitted by foreign trade
dealers and affix the seal of record registration.

Article 7 Record registration organs should record and keep completely
and correctly the information and materials of record registration of
foreign trade dealers in the meantime of completing a record
registration, and establish a file of record registration in accordance
with laws.

Article 8 Foreign trade dealers should go through related formalities of
foreign trade business by Registration Form which a seal of record
registration is affixed within 30 days in local customs,administrations
of inspection and quarantine, foreign currency and tax. If anyone does
not handle the formalities within the time limited, his(her) Registration
Form will lose efficacy automatically.

Article 9 If any items in Registration Form are made any changes, foreign
trade dealers should register the changes in the Registration Form within
30 days according to the provisions of Article 5 and 8 of the said
measures. If any one does not register the changes in the time limit, his
(her)
Registration Form will lose efficacy automatically.

Record Registration organs should handle the formalities of changes
immediately at the receipt of written materials submitted by foreign
trade dealers.

Article 10 If any foreign trade dealers have nullified their business
licenses or their business licenses have been revoked, Registration Form
will lose efficacy automatically as of the day of nullification or
revocation of business licenses.

Record registration organs should revoke the Registration Forms of the
foreign trader leaders whom Ministry of Commerce has forbidden to be
engaged in import-export activities of commodities or techniques in limit
of more than one year to less than three years according to related
provisions of Foreign Trade Law. These foreign trade dealers may register
for the record again in accordance with the said measures after the
expiration of punishment.

Article 11 Record registration organs should inform related information
to the customs, administrations of inspection and quarantine, foreign
exchange and tax etc.

Article 12 Foreign trade dealers are not allowed to fabricate, forge,
tamper, rent out, lend, transfer and sell Registration Forms.

Article 13 Record registration organs are not allowed to collect expenses
in disguise while handling the formalities of record registration and
record changes.

Article 14 The foreign trader dealers, who have obtained the
qualification for import-export of commodities and techniques, and are
engaged in the business of import-export within approved scope, need not
register for the record. If any foreign trade dealers who are engaged in
import-export business beyond approved scope, they should register for
the record in accordance with the said measures.

Article 15 The interpretation of these Measures shall be vested in the
Ministry of Commerce.

Article 16 These Measures will be implemented as of July 1, 2004. Any
provisions that are not in line with the said Measures are nullified as
of the day of issuing the said Measures.

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