Ministry of Foreign Trade and Economic Cooperation, Administration of Export Quotas Measures

Promulgated: December 20 2001
Effective: January 1 2002
Interpreting authority: Ministry of Foreign Trade and Economic Cooperation (MOFTEC)
Applicability: The Measures apply to the export of commodities subject to export quotas, except those that are subject to quota tendering, distribution on consideration or involuntary quotas or are specifically listed in the Measures (Articles 3 and 4). Other relevant provisions shall apply in the case of foreign investment enterprises (Article 31).

Main contents: The Measures state that MOFTEC shall formulate, adjust and publish a catalogue of commodities subject to export quotas (Article 7). MOFTEC shall also determine and publish total quota quantities for each year (Article 9). An applicant for export quotas must have an import and export business licence or the required qualifications and a good compliance record in its economic activities during the preceding three years (Article 13). Quotas are first distributed by MOFTEC to local foreign trade authorities and central government-administered enterprises that then distribute the same to local applicants (Article 17). MOFTEC may adjust the distributed quotas if major changes occur in the international market or in domestic resources or if there is obvious unbalanced utilization of quotas among the different localities and/or central government-administered enterprises (Article 20). Quotas are valid during the calendar year in which they are issued (Article 6). Quotas that cannot be used by the end of October of the year shall be returned to MOFTEC (Article 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Repealed legislation: Preparation, Issuance and Organization of the Implementation of Export Quotas Tentative Measures, Oct 6 1998 and Preparation, Issuance and Organization of the Implementation of Export Quotas Tentative Measures Implementing Rules, Jan 2 1999