Article 1 In order to regulate the automatic import license management of foreign-invested enterprises, based on the "Automatic Import License Management Measures for Goods", the formulation of these rules.
Second Article The rules apply to foreign-invested enterprises will automatically import license management of goods imported into the People's Republic of China *** and the State Customs territory.
Third People's Republic of China *** and the Ministry of Foreign Trade and Economic Cooperation (referred to as the Ministry of Foreign Trade and Economic Cooperation) is responsible for the import of foreign-invested enterprises belonging to the automatic import licensing management of goods for guidance and management, and in conjunction with the General Administration of Customs announced the foreign-invested enterprises automatic import licensing licensing agency directory (see Annex I). Provinces, autonomous regions, municipalities directly under the Central Government and municipalities with plans for foreign trade and foreign investment management department (referred to as the local foreign trade and foreign investment management department), is responsible for the management of foreign-invested enterprises in the region automatic import license.
Article 4 Foreign-invested enterprises for automatic import licenses shall provide the following materials:
(1) application form for automatic import license (see Annex II);
(2) a copy of the certificate of approval of foreign-invested enterprises (including the record of passing the joint annual inspection);
(3) a copy of the foreign-invested enterprise business license;
(4) A copy of the contract or articles of association of the foreign-invested enterprise's joint venture or partnership;
(v) a copy of the capital verification report;
(vi) a description of the actual production capacity of the foreign-invested enterprise;
(vii) other materials to be submitted.
Article V. Foreign-invested enterprises importing goods subject to automatic import license management, shall comply with the relevant provisions of laws and administrative regulations, and meet the following conditions:
(1) the foreign-invested enterprises applying for import should not be in the last three years, foreign exchange evasion, arbitrage, fraudulent export tax refunds, smuggling and other violations of law and order;
(2) the imported goods should be in line with the bilateral and multilateral trade agreements in which China The relevant provisions of the bilateral and multilateral trade agreements in which it participates;
(iii) Other laws, administrative regulations or relevant provisions of industrial policy.
Article VI of foreign-invested enterprises automatic import licensing in accordance with the following procedures:
(1) foreign-invested enterprises under the investment of imported investment and self-use of raw materials, parts and components are automatically imported licensing management of goods, exempted from the "Automatic Import License". Foreign-invested enterprises investment and self-use of imported goods refers to foreign investors as investment imports or foreign-invested enterprises with investment in the total amount of funds or other own funds (specifically, the enterprise reserve fund, development funds, depreciation and after-tax profits) to import the production and operation of the enterprise's machinery and equipment, spare parts and other materials required.
(b) foreign-invested enterprises processing trade imports of goods belonging to the automatic import license management, exempted from the "automatic import license", and in accordance with the provisions of the processing re-export.
(C) foreign-invested enterprises for the production of domestic products imported into the automatic import license management of goods ("Automatic Import Licensing of Goods Management Measures" in Annex I directory of goods under a directory of one and three), should be handled before the Customs clearance procedures for customs to the relevant local foreign trade and economic cooperation and foreign investment management for the automatic import licensing procedures. One month before applying for the "automatic import license" procedures, foreign-invested enterprises should be notified to the local foreign trade and foreign investment management department of the import contract and the expected arrival time, the local foreign trade and foreign investment management department should be recorded and reported to the Ministry of Foreign Trade and Economic Cooperation on a monthly basis.
(d) Upon receipt of the Application Form for Automatic Import License and related materials in compliance with the provisions of these Rules, the local foreign trade and foreign investment management department shall immediately issue the Automatic Import License (see Annex III), and under special circumstances, the issuance of up to 10 working days.
Article VII of foreign-invested enterprises as investment and self-imported goods belonging to the automatic import license management, the Customs and Excise Department of foreign trade and foreign investment management department stamped "foreign-invested enterprises to import the audit seal" (Annex IV) of the equipment, materials, inspection and release.
Article VIII of foreign-invested enterprises processing trade imports of goods belonging to the automatic import license management, the Customs and Excise Department approved by the competent departments of foreign trade and economic cooperation in processing trade contracts and other documents for the inspection and release of imported goods.
Article IX of foreign-invested enterprises processing trade imports of goods belonging to the automatic import license management, such as special circumstances need to be turned into domestic sales, the Customs and Excise Department with the competent department in charge of foreign trade and foreign economic relations at the provincial level issued by the "processing trade imports of bonded materials within the approval of the" and "automatic import license" in accordance with the provisions of the tax and the tax interest on tax moratorium for the contract write-off procedures.
Foreign-invested enterprises in the required contract write-off period can not be submitted to the Customs and Excise Department, "processing trade, imported bonded materials within the approval certificate" and "automatic import license", the Customs and Excise Department, in addition to the required back taxes and taxes and tax interest, and in accordance with the relevant provisions of the fine to be dealt with after the contract write-off procedures.
Article X foreign-invested enterprises for the production of domestic products imported belongs to the automatic import license management of goods, foreign-invested enterprises with the "automatic import license" to the bank for the sale of foreign exchange, the Customs and Excise Department with the "automatic import license" for the inspection and release procedures.
Article XI of foreign-invested enterprises, "Automatic Import License" card face the first column and the second column should include the import and export enterprise code; card face the third column of the "Automatic Import License No." coding rules: area code - annual - WZ - five sequential number, such as the Beijing Municipality in 2002, automatic import license number for foreign-invested enterprises License number should be 1100-2002-WZ-XXXXX other provinces and cities, and so on; the fourth column of the card face "automatic import license effective deadline" should not exceed the issuance of annual December 31; foreign-invested enterprises for the production of domestic products imported belong to the automatic import licensing management of goods, the card face fifth column "Trade mode" should be "joint venture imports", "cooperative imports" or "foreign-funded enterprises". .
Article XII of the "automatic import license" is valid for half a year, the year, the implementation of non-batch management, but the cumulative use of no more than six times. Customs in the "Automatic Import License" original "Customs clearance endorsement column" in block letters, the Customs endorsement, the Customs retain a copy, the last use, the Customs retain the original.
"Automatic Import License" shall not be changed. In the period of validity for special reasons need to change the "automatic import license" in the content of the project or extension, foreign-invested enterprises should hold the original "automatic import license" to the original licensing authority to apply for a license renewal procedures, in the "automatic import license" within the validity of the "automatic import license" can only be extended once; the original licensing authority shall take back the old license, and the replacement of a new license printed in the Remarks column "Replacement of the license" words.
Article XIII of the "Automatic Import License" in case of loss, foreign-invested enterprises shall immediately to the original licensing authority to register the loss of the licensing authorities, the licensing authority after verification, if there are no adverse consequences, to be reissued.
Article XIV of foreign-invested enterprises have applied for the "automatic import license" to determine can not be used, should be promptly returned to the original licensing authority.
Article XV of foreign-invested enterprises in the process of automatic import licensing, such as foreign investment management department with the local foreign economic and trade disputes, may apply for administrative reconsideration or administrative litigation.
Article XVI of the "automatic import license" by the Ministry of Foreign Trade and Economic Cooperation unified supervision.
Article XVII of foreign-invested enterprises, "automatic import license" of the valid seal for "foreign-invested enterprises, automatic import license seal" (Annex V), by the Ministry of Foreign Trade and Economic Cooperation unified supervision.
Article XVIII of these rules by the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs is responsible for interpretation. Previously, the relevant provisions of any inconsistency with these Rules, these Rules shall prevail.
Article 19 These Rules shall be implemented from the date of publication.
Annex I: Foreign Invested Enterprises Automatic Import License Issuing Agency List
Annex II: Chinese People's Republic of China*** and the State of Automatic Import License Application Form (omitted)
Annex III: Chinese People's Republic of China*** and the State of Automatic Import License (omitted)
Annex IV: Foreign Invested Enterprises Import Audit Special Seal (omitted)
Annex V: Special Seal for Automatic Import License for Foreign Invested Enterprises (Omitted)
Annex I:Directory of Institutions Issuing Automatic Import License for Foreign Invested Enterprises
Ministry of Foreign Trade and Economic Cooperation
Beijing Municipal Commission of Foreign Trade and Economy
Tianjin Municipal Commission of Foreign Trade and Economy
Department of Foreign Trade and Economic Cooperation of Hebei Province
Department of Foreign Trade and Economic Cooperation of Shanxi Province
Department of Foreign Trade and Economic Cooperation of Inner Mongolia Autonomous Region
Department of Foreign Trade and Economic Cooperation of Liaoning Province
Bureau of Foreign Economic and Trade Commissioners of Dalian Municipality
Department of Foreign Trade and Economic Cooperation of Jilin Province
Foreign Investment Management Bureau of Heilongjiang Province
Shanghai Municipal Committee of Foreign Investment Working Committee
Department of Foreign Trade and Economic Cooperation of Jiangsu Province
Department of Foreign Trade and Economic Cooperation of Zhejiang Province
Ningbo Bureau of Foreign Trade and Economic Cooperation
Department of Foreign Trade and Economic Cooperation of Anhui Province
Department of Foreign Trade and Economic Cooperation of Fujian Province
Xiamen Working Committee on Foreign Investments
Jiangxi Province Foreign Trade and Economic Cooperation Department
Department of Foreign Trade and Economic Cooperation of Shandong Province
Qingdao Foreign Trade and Economic Cooperation Bureau
Department of Foreign Trade and Economic Cooperation of Henan Province
Department of Foreign Trade and Economic Cooperation of Hubei Province
Department of Foreign Trade and Economic Cooperation of Hunan Province
Department of Foreign Trade and Economic Cooperation of Guangdong Province
Shenzhen City Bureau of Foreign Trade and Economic Cooperation
Guangxi Zhuang Autonomous Region Foreign Investment Management Office
Hainan Department of Foreign Trade and Economic Cooperation
Chongqing Municipal Foreign Trade and Economic Commission
Sichuan Department of Foreign Trade and Economic Cooperation
Guizhou Department of Trade and Cooperation
Yunnan Department of Foreign Trade and Economic Cooperation
Department of Foreign Trade and Economic Cooperation of Tibet Autonomous Region
Department of Foreign Trade and Economic Cooperation of Shaanxi Province
Department of Trade and Economic Cooperation of Gansu Province
Department of Foreign Trade and Economic Cooperation of Qinghai Province
Department of Foreign Trade and Economic Cooperation of Ningxia Hui Autonomous Region
Department of Foreign Trade and Economic Cooperation of Xinjiang Uyghur Autonomous Region
Xinjiang Production and Construction Corps Foreign Trade and Economic Cooperation Bureau