The main import and export licensing system, customs system, tariff system, foreign trade operators qualification management system, entry-exit inspection and quarantine system, import and export of goods, collection and payment of remittance management system, and trade remedies system and so on.
? Goods, technology import and export licensing management system
Definition: import and export licensing is the state of import and export of an administrative procedure, including both the approval of import and export permits and management system of the relevant documents of the procedure itself, but also includes various types of permits to the state as a condition of other administrative procedures, the administrative system known as import and export licensing system. Import and export licensing system as a non-tariff measures, is a common means of management of import and export countries around the world.
The scope of management: prohibited imports and exports, restricted imports and exports, free import and export of goods and technology.
Import Management (Prohibition, Restriction)
Foreign Trade Law of the People's Republic of China (Adopted at the Seventh Meeting of the Standing Committee of the Eighth National People's Congress on May 12, 1994 Revised at the Eighth Meeting of the Standing Committee of the Tenth National People's Congress on April 6, 2004, and shall come into effect on July 1, 2004)
Article 16 The State may restrict or prohibit the import or export of the relevant goods and technologies for the following reasons:
(1) Where the restriction or prohibition of import or export is necessary for the protection of national security, the interests of the social public ****, or the morality of the public ****;
(2) Where the restriction or prohibition of import or export is necessary for the protection of the health or safety of human beings, the protection of the life or health of animals or plants, the protection of the environment, or the protection of the environment. (b) For the protection of human health or safety, animal or plant life or health, or the protection of the environment, it is necessary to restrict or prohibit the import or export;
(c) For the implementation of measures related to the import and export of gold or silver, it is necessary to restrict or prohibit the import or export;
(d) Domestic supply shortages or for the effective protection of natural resources that may be exhausted, it is necessary to restrict or prohibit the export of;
(e) The export of limited market capacity of the exporting country or region (e) The limited capacity of the market to the country or region, the need to restrict exports;
(f) Serious disruption of the export business order, the need to restrict exports;
(g) In order to establish or accelerate the establishment of a specific industry in the country, it is necessary to restrict imports;
(h) Any form of agriculture, animal husbandry, fisheries, there is a need to restrict the import of products;
(ix) In order to safeguard the international financial position of the country and the balance of payments. (ix) In order to protect the country's international financial position and balance of payments, it is necessary to restrict imports;
(x) In accordance with the provisions of laws and administrative regulations, other need to restrict or prohibit the import or export;
(xi) In accordance with the provisions of international treaties and agreements concluded by our country or to participate in the need to restrict or prohibit the import or export of other.
(1) included in the "catalog of goods banned from importing" commodities, ***5 batches
- the state to develop "catalog of goods banned from importing" (the first batch) is the implementation of management and environmental management. For example: the state banned the import of ozone-depleting substances, "carbon tetrachloride and some endangered species, such as rhinoceros horn, tiger bone;
- "Prohibition of Imports of Goods Catalog" (the second batch) are old mechanical and electrical products, is the state involved in the production of safety (pressure vessels class), personal safety (electrical appliances, medical equipment) and environmental protection (automobiles, engineering and vehicles). Environmental protection (automobile, engineering and vehicle machinery category) of the old mechanical and electrical products of the implementation of the ban on import management;
- "Prohibited Imports of Goods Catalog" (the third batch), "Prohibited Imports of Goods Catalog" (the fourth batch), "Prohibited Imports of Goods Catalog" (the fifth batch) is related to the environmentally polluting solid wastes category. Involving municipal waste, medical waste, leaded gasoline sludge and other 13 categories of waste.
(2) the relevant state laws and regulations expressly prohibit the import of goods
- According to the "People's Republic of China *** and the State Law on Prevention and Control of Environmental Pollution by Solid Wastes", not included in the "State Restrictions on Imports of Wastes as Raw Materials Catalog" of wastes, wastes not in line with environmental protection regulations, as well as waste metals contaminated by radioactivity are prohibited from being imported;
such as: aluminum ore ash, though Not included in the catalog of prohibited imports, but also not included in the catalog of restricted imports, in accordance with the relevant provisions of the ban on the import of goods.
-- According to the "People's Republic of China *** and the State Entry and Exit Animal and Plant Quarantine Law", the animals and animal products from infected areas or do not meet our health standards are prohibited from importing.
(3) Others
--Stop importing automobiles with CFC-12 as the refrigeration agent and automobile air-conditioning compressors (including automobile air-conditioners) with CFC-12 as the refrigeration agent
--Stop importing automobiles with right-hand steering wheels, etc.
2. According to the "Foreign Trade Law", "Technology Import and Export Regulations", the State Council in charge of foreign trade and economic cooperation, in conjunction with the relevant departments of the State Council to develop, adjust and publish the catalog of prohibited imports of technology. Technologies that are prohibited from being imported are not allowed to be imported.
At present, the prohibited technologies listed in the "China's Import Ban and Import Restriction Technology Catalog" (the first batch) involve 26 technologies in 11 technical fields, such as iron and steel metallurgy, chemical technology, etc.
(1) The import ban on the use of technologies in China has been extended to cover the following areas.
(1) Import quota management
--- Import quota management is a measure taken by the state on the import of some commodities, within a certain period of time to specify the total amount of quantities, within the limit, approved by the state to allow imports, such as exceeding the quota will not be allowed to import. Import quota is the state through administrative means of some important commodities to the absolute number of ways to achieve the purpose of restricting imports.
China is currently used by most of the countries in the world, that is, the quota and the license used in conjunction with the control mode, that is, the applicant to obtain a quota certificate to the competent department of the State Council Department of Foreign Trade and Economic Cooperation and its authorized licensing authorities, with the proof of the quota to apply for the "Imported Goods License" for the import of foreign exchange cancellation of the import procedures.
-- Tariff quota management system refers to a certain period of time, the state on the import of some commodities to develop quota preferential tax rate and the total number of imports of the commodity, within the limit, approved by the state to allow tax imports in accordance with the quota rate, such as exceeding the quota will be in accordance with the quota outside the tax measures for imports. The state through this administrative means of some key commodities to provide quota tax rate of this cost leverage to achieve the purpose of restricting imports, so the tariff quota management is a relative number of restrictions.
(2) import non-quota management
Definition: refers to a certain period of time in accordance with the domestic political, industrial, agricultural, commercial, military, technical, health, environmental protection, resource protection and other areas of need, as well as for the implementation of China's accession or conclusion of the relevant international treaties, the state administrative licensing and issuance of permits to achieve various types of restrictions on import measures. The form of management is non-quota restriction management.
Note: According to China's "Regulations on the Import and Export of Goods", the implementation of the license management of restricted imports, the import operator shall apply to the State Council department in charge of foreign trade and economic cooperation or the State Council department concerned. Import license management should be received from the date of application within 30 days from the date of decision whether to permit; import operators with import licenses issued by the import license management department, to the Customs for customs clearance procedures; import licenses referred to in the preceding paragraph, including laws and administrative regulations provide a variety of licensing the nature of the import of certificates, documents (i.e., licenses).
4, restricted imports of technology management
Restricted imports of technology to implement catalog management. According to the "Foreign Trade Law", "Technology Import and Export Regulations" and the State Council issued by the competent department of foreign trade and economic cooperation "prohibit the import of import-restricted technology management measures" of the relevant provisions of the State Council, the competent department of the State Council, in conjunction with the relevant departments of the State Council, to develop, adjust and publish a catalog of import-restricted technology. Belong to the scope of the directory of import-restricted technology, the implementation of license management, without state licensing, shall not be imported.
Note: The operator of the restricted import technology must take the initiative to submit the "People's Republic of China*** and the State Technology Import License" when declaring the import procedures to the Customs, otherwise, the operator will bear all the legal liabilities caused by this.
Free import (automatic license)
In addition to the above national prohibitions, restrictions on the import of goods and technologies, other goods are free to import the scope. Free import of goods and technologies is not restricted. However, based on the need to monitor imports, the state of some of the goods belonging to the free import of automatic import license management, all free import of technology to implement the management of import technology contract registration.
1, automatic import license management of goods
Automatic import license management is in any case of import applications will be approved by the import licensing system. This import license is actually a kind of automatic registration before importing the nature of the licensing system, usually used for national statistics on such goods and supervision purposes. Is an important part of China's import and export licensing management system, is currently being widely used by the countries of an import management system.
2, automatic import license management of technology
The import of technology belonging to the free import shall be registered with the competent department of the State Council Department of Foreign Trade and Economic Cooperation, the competent department of the State Council Department of Foreign Trade and Economic Cooperation shall, from the date of receipt of the documents stipulated in Article 18 of the Regulations, within three working days from the date of the registration of the technology import contract, the issuance of the registration of technology import contracts, the applicant with a technology import license or Technology Import Contract Registration Certificate, the applicant for foreign exchange, banking, taxation, customs and other related procedures.
Scope:
(1) Included in the "Catalog of Prohibited Goods for Export" commodities, *** two batches of catalog. (Charcoal exports are completely banned)
Such as: the state banned the export of ozone-depleting substances "carbon tetrachloride;" the ban on the export of the world's endangered species management category of "rhinoceros horns" and "tiger bones"; the ban on the export of windbreaks and sand fixation effect of the "tiger bone". Export of wind and sand effect of "hair" and "ephedra" and other plants;
(2) the relevant state laws expressly prohibit the export of goods. Roots of the "Chinese People's *** and the State Regulations on the Protection of Wild Plants" prohibit the export of unnamed or newly discovered and important value of wild plants.
(3) Others, such as: the ban on the export of labor reform products and other single-line regulations.
2, banned the export of technology management
According to the "Foreign Trade Law", "Prohibition of Import and Export Regulations" and by the competent department of foreign trade and economic cooperation in conjunction with relevant departments of the State Council, to formulate, adjust and publish a catalog of prohibited technologies for export. Technologies that are prohibited for export are not allowed to be exported. Currently included in the export ban part of the technology involves surveying and mapping technology, geological technology, pharmaceutical production technology, pesticide technology, including nuclear technology, 31 technologies in 25 technical fields.