PRC, Administration of Import and Export of Goods Regulations

Promulgated: December 10 2001
Effective: January 1 2002
Applicability: These Regulations apply to the import of goods into the PRC and the export of goods from the PRC (Article 2).

Main contents: Imported goods are divided into prohibited imports, restricted imports and free imports. Lists of prohibited and restricted imports shall be formulated by the State Council department in charge of foreign trade and economic cooperation in consultation with other relevant State Council departments (Articles 8 and 10). Restricted imports are further divided into quota-controlled imports, licence-controlled imports and tariff- and quota-controlled imports. Import quotas are distributed to quota applicants annually on the basis of specific criteria (Articles 13 to 16). Import licences are issued on an application by application basis (Article 19). Certain free imports may be subject to automatic licensing administration for monitoring purposes (Article 22). Exported goods are also divided into prohibited exports and restricted exports. Lists of prohibited and restricted exports shall be formulated by the State Council department in charge of foreign trade and economic cooperation in consultation with other relevant State Council departments (Articles 33 and 35). Restricted exports are further divided into quota-controlled exports and licence-controlled exports. Export quotas are distributed annually and may be distributed through direct allocation, invitation for bids or other methods (Articles 38 and 39). Export licences are issued on an application by application basis (Article 43). The State may reserve the import and export of certain goods for State-owned enterprises or other specified enterprises (Articles 45 and 49). In certain circumstances, the State may take temporary measures to restrict or prohibit certain imports (Articles 54 to 57).
Related legislation: PRC, Foreign Trade Law, May 12 1994, CLP 1994 No.6 p20
Repealed legislation: PRC, Licensing System for Imported Goods Tentative Regulations, Jan 10 1984; Ministry of Foreign Economic Relations and Trade, Administration of Export Products Tentative Procedures, Dec 29 1992, CLP 1993 No.3 p5; State Economic and Trade Commission and Ministry of Foreign Trade and Economic Cooperation, Administration of Import of Mechanical and Electrical Products Tentative Procedures, Oct 7 1993; State Planning Commission and Ministry of Foreign Trade and Economic Cooperation, Administration of Import Quotas for Ordinary Commodities Tentative Procedures, Dec 29 1993, CLP 1994 No.2 p4 and Ministry of Foreign Trade and Economic Cooperation and State Planning Commission, Administration of Commodity Import Business Tentative Procedures, Jul 19 1994, CLP 1994 No.8 p10