Circular on Issues Relevant to the Administration of Trade in Bonded Zones and Bonded Logistics Parks
关于保税区及保税物流园区贸易管理有关问题的通知
This Circular aims to prove the trade administration on enterprises in bonded zones and bonded logistics parks. Enterprises and individuals in bonded zones and bonded logististics parks may lawfully obtain the right to trade and apply for the right to distribution.
(Issued by the General Offices of the Ministry of Commerce and the General Administration of Customs on July 13 2005.)
(商务部、海关总署办公厅于二零零五年七月十三日发布。)
Shang Zi Zi [2005] No.76
All departments in charge of commerce of the provinces, autonomous regions, municipalities directly under the central government, cities with independent development plans and the Xinjiang Production and Construction Corps, and all directly subordinate customs branches:
商资字 [2005] 76号
In order to earnestly fulfil China's commitments in respect of its accession to the World Trade Organization and improve the trade administration on enterprises in bonded zones and bonded logistics parks, we hereby notify you of the relevant issues as follows:
各省、自治区、直辖市、计划单列市及新疆生产建设兵团商务主管部门，各直属海关:
1. Enterprises and individuals in bonded zones and bonded logistics parks may lawfully obtain the right to trade and apply for the right to distribution in accordance with the PRC Foreign Trade Law, the Measures for Registration for the Record of Foreign Trade Operators, the Measures for the Administration of Foreign Investment in the Commercial Sector and other related provisions. Enterprises and individuals that have obtained the aforementioned authorization may lawfully launch trade activities with enterprises and individuals outside the zones and parks in China (including those that have not obtained the right to trade). Foreign-invested enterprises that have obtained the right to distribution may lawfully engage in distribution activities in China.
为切实履行我国加入世界贸易组织承诺，完善对保税区、保税物流园区内企业的贸易管理，现就有关问题通知如下:
2. Foreign trade operators in bonded zones or bonded logistics parks that sell products to parties outside the zones and parks in China or procure products from parties outside the zones and parks in China shall abide by relevant state provisions on such areas as the administration of import and export, foreign exchange, and taxation.
一、 保税区、保税物流园区内的企业和个人可依照《中华人民共和国对外贸易法》、《对外贸易经营者备案登记办法》和《外商投资商业领域管理办法》及其他相关规定，依法取得贸易权、申请分销权。取得上述权限的企业和个人，可依法与境内区外企业和个人(包括未取得贸易权的企业和个人)开展贸易活动。取得分销权的外商投资企业可依法在国内从事分销活动。
(1) For incoming and outgoing goods between bonded zones or bonded logistics parks and areas outside the zones and parks in China, import and export procedures shall be carried out in accordance with relevant customs provisions. Enterprises in a zone or park that distribute goods to areas outside the zones and parks in China as a foreign trade operator shall handle formalities such as customs clearance and verification and reconciliation of foreign exchange in the name of an enterprise in the zone or park. Purchases of goods from enterprises or individuals in the zones or parks by enterprises or individuals outside the zones and parks shall be handled in accordance with current provisions.
二、 保税区、保税物流园区内的对外贸易经营者向境内区外销售产品，以及从境内区外采购产品，应遵守国家有关进出口、外汇和税收管理等方面的规定。
(2) Incoming and outgoing goods between foreign trade operators in bonded zones or bonded logistics parks and parties outside China shall not be subject to import and export licensing unless otherwise explicitly provided by international treaties participated in or concluded by the People's Republic of China, or by laws, administrative regulations or relevant rules.
(一) 保税区、保税物流园区与境内区外之间进出的货物，按海关有关规定办理进出口手续。区内企业以对外贸易经营者身份将货物分销至境内区外的，以区内企业的名义办理报关及外汇核销等手续;区外企业和个人向区内企业和个人购买货物的，按现行规定办理。
(3) For textiles included in the List of Commodities Subject to Temporary Textiles Export Control that enter bonded zones or bonded logistics parks from outside the zones and parks in China, customs will not verify the licence but will wait until the aforementioned textiles are actually leaving China and will then carry out, in accordance with relevant provisions and on the strength of the licence, inspection and release of the textiles that are being exported to countries or regions that require temporary textiles export control.
(二) 保税区、保税物流园区内的对外贸易经营者与境外之间进出的货物，除中华人民共和国参加或缔结的国际条约及法律、行政法规以及相关规章另有明确规定外，不实行进出口许可证管理。
3. The establishment of enterprises in bonded zones and bonded logistics parks shall comply with state industrial policies. Any enterprise in the zone or park may not engage in production or operation activities of sectors in which the state prohibits investment.
(三) 从境内区外进入保税区、保税物流园区的属于《纺织品出口临时管理商品目录》的纺织品，海关不验核许可证，待上述货物实际离境时，按照有关规定，对出口至需实行纺织品临时出口管理的国家或地区的，海关凭许可证办理验放手续。
4. Taxation, customs regulation and foreign exchange administration matters of all types of enterprises in bonded zones and bonded logistics parks shall be handled in accordance with relevant provisions of the State Administration of Taxation, General Administration of Customs and State Administration of Foreign Exchange.
clp reference:5920/05.07.13prc reference:商资字 [2005] 76 号promulgated:2005-07-13三、 保税区、保税物流园区内企业的设立应符合国家产业政策，区内任何企业均不得在国家禁止投资的领域从事生产和经营活动。
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