Ministry of Foreign Trade and Economic Cooperation, Administration of Export Licences Provisions

Promulgated: December 20 2001
Effective: January 1 2002
Interpreting authority: Ministry of Foreign Trade and Economic Cooperation (MOFTEC)

Main contents: The Provisions state that export quotas or export licensing may be imposed where such a measure is required for national security and is in the public interest, or to maintain or protect resources in short supply or those that are scarce, control the export of agricultural, husbandry or fishery products, or comply with international treaties or agreements to which China is a party (Article 2). Commodities subject to export quotas and export licensing shall be declared to and cleared by customs on the basis of export licences obtained in advance from a designated licence issuing authority (Article 6). Licence issuing authorities must issue licences strictly in accordance with the List of Commodities Subject to Export Licensing and the List of Commodities Subject to Export Licensing at Different Levels issued by MOFTEC each year (Articles 8 and 9). An export licence is normally valid only for the customs clearance of a specific product shipment but an export licence issued to a foreign investment enterprise will not be restricted to any specific shipment (Article 11). The Provisions contain other specific stipulations applicable to the export of products subject to export licensing by foreign investment enterprises and foreign invested projects (Article 19). The Provisions also address the special export requirements of Chinese enterprises established overseas and Chinese contracted overseas projects (Articles 20 to 22).
Related legislation: PRC, Foreign Trade Law (Revised), Apr 6 2004, CLP 2004 No.4 p34 and PRC, Administration of Import and Export of Commodities Regulations
Repealed legislation: Ministry of Foreign Trade and Economic Cooperation, Administration of Export Licences Several Provisions, 1995