About export license - Trademark Inquiry Complete Network

About export license

export license

according to the regulations of the state, all commodities declared by the state to be subject to export license management, regardless of any unit or individual, and regardless of any mode of trade (foreign processing and assembly, according to relevant regulations), must apply for an export license before export; Goods shipped abroad by non-foreign trade business units or individuals, regardless of whether the goods are subject to export license management, and the value is above RMB 1 yuan, shall apply for export licenses; Commodities that are carried out of the country by individuals or mailed out of the country should apply for export licenses in addition to meeting the requirements of the customs for their own use and reasonable quantity.

At present, the organs that carry out examination and approval and issue export licenses in China are: the Ministry of Foreign Trade and Economic Cooperation and its special commissioners' offices stationed at major ports; The administrative departments of foreign trade and economic cooperation of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning approved by the State Council shall implement the method of grading certification according to commodities and regions.

References

1. Law of the People's Republic of China on the Inspection of Import and Export Commodities

2. Law of the People's Republic of China on the Quarantine of Entry and Exit Animals and Plants

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Applying for an export license

An export license is issued by the State Foreign Trade and Economic Cooperation Administration Department on behalf of the country and has legal effect.

The basic procedure for applying for an export license is:

Application

That is, the applicant unit or individual (hereinafter referred to as the "licensee") submits a written application letter to the license issuing organ.

the contents of the application include: the name, specifications, export to countries and regions, quantity, unit price, total amount, delivery date, payment method (that is, the way of receiving foreign exchange for export) and other items. At the same time, relevant certificates or materials must be submitted to the issuing authority;

the foreign trade company shall present the original (or photocopy) of the contract; Non-foreign trade units shall rely on the approval of the competent department (department or bureau level). Cultural relics, with the approval of the competent department of cultural relics materials; Books and periodicals, with the approval of the competent publishing department; Celebrity calligraphy and painting (only modern and modern), with the approval of the Ministry of Culture; Gold and silver (excluding ornaments), with the approval of the head office of the People's Bank of China; Patents, know-how and traditional skills shall be approved by the State Patent Office or the competent department; Residents or villagers can leave the country only by going through the relevant formalities with the letter of proof and purchase invoice issued by the sub-district office or villagers' committee. Under the following circumstances, relevant certificates or materials must be provided:

(1) When applying for an export license from the issuing authority for the first time, a foreign trade enterprise that has been approved to enjoy the right to export shall submit a copy of the approval of the competent department for the establishment of the company (enterprise), the articles of association of the company (enterprise), the business license and the catalogue of export commodities;

(2) When an approved foreign-invested enterprise applies for an export license from the issuing authority for the first time, it shall submit a set of copies of the approval documents of the relevant departments on the project contract, the business license and the annual export plan approved by the Ministry of Foreign Trade and Economic Cooperation.

review and fill in the form

the issuing authority will review the above application materials after receiving them. After approval, the witness shall fill in the Application Form for Export License of the People's Republic of China according to the specified requirements.

Enter the completed export license application form into the computer

. The applicant shall affix its official seal and send it to the issuing authority. If it meets the requirements after examination, the issuing authority shall input the contents of the application form into the computer.

issuing certificate

within three working days after the application form is sent, the issuing authority will issue the Export License of the People's Republic of China in quadruplicate, and deliver the first, second and third copies to the witness, so as to go through the formalities of goods export declaration and bank settlement with the customs. At the same time, a fixed fee will be charged.

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Instructions for application

Instructions for application for export license

On September 16, 1996, the Ministry of Foreign Trade and Economic Cooperation issued

Documents and materials to be provided for applying for export license

(1) General documents and materials that various import and export enterprises should provide to the issuing authority when applying for export license:

Export license application form. The application form (original) should be clearly filled in and stamped with the official seal of the applicant. Fill in the content must be standardized;

export contract (original copy);

the official letter of the applicant or the applicant's work permit; The agent shall present a letter of entrustment from the entrusting unit;

Non-foreign trade units (referring to various organs, organizations, enterprises and institutions without the right to operate foreign trade, the same below) need to provide certificates from their competent departments (at or above the bureau level) when applying for export licenses;

the applicant for the first export license shall provide the document (original copy) of the MOFTEC or the local foreign trade department authorized by it approving the enterprise's import and export operation right;

when applying for a license for export for the first time, a foreign-invested enterprise shall provide the approval certificate and business license (copy) approved by the competent government department, which shall be filed by the issuing authority.

(2) For export under general trade, the following materials shall be submitted separately:

For commodities subject to quota management, all kinds of import and export enterprises under the state ministries and commissions shall submit the approval documents of the export quota examination and approval department of the Ministry of Foreign Trade and Economic Cooperation, and all kinds of import and export enterprises in various places shall submit the approval documents of the export quota of the local foreign trade and economic cooperation departments.

For chemicals for military and civilian use, they shall submit the approval documents of the Ministry of Chemical Industry;

precursor chemicals shall be submitted to MOFTEC for approval;

heavy water shall be submitted to the approval of MOFTEC;

computers should be submitted to the computer technology review form for export approved by MOFTEC.

For commodities subject to paid quota bidding, the Certificate of Export License for Commodities Subject to Paid Quota Bidding issued by the relevant bidding committee shall be submitted; For goods subject to free tender, the bid-winning certificate issued by the relevant tender committee shall be submitted.

(3) When contracted projects bring out commodities (commodities subject to paid quota bidding shall be handled according to the relevant provisions of bidding), various import and export enterprises of the State ministries and commissions shall submit the project approval documents of the Ministry of Foreign Trade and Economic Cooperation and the contracts of the exporting units; All kinds of import and export enterprises in various places shall submit the project approval documents of the competent foreign trade departments in various places and the contracts of the exporting units. The export contract shall specify the category and quantity of licensed commodities to be brought out of the contracted project.

(4) If the imported materials are re-exported, it is a commodity that occupies the export quota, and all kinds of import and export enterprises of the ministries and commissions of the State shall submit the export quota documents approved by the Ministry of Foreign Trade and Economic Cooperation and the documents on imported materials processing; All kinds of import and export enterprises in various places shall submit the export quotas and materials processing documents approved by the competent foreign trade departments in various places. For the re-exported commodities processed with non-occupied quotas, all kinds of import and export enterprises of the ministries and commissions of the state shall submit the approval documents of the Ministry of Foreign Trade and Economic Cooperation and the registration manual for processing with imported materials. When steel, pig iron, zinc, sugar and other commodities are re-exported, all kinds of import and export enterprises in China shall submit the approval documents of the Ministry of Foreign Trade and Economic Cooperation and the registration manual for feed processing.

(5) Documents and materials to be submitted for non-trade export:

samples for shipment.

when a non-foreign trade unit exports samples, if the value of each batch of samples is more than RMB 5, yuan and not more than RMB 1, yuan, it shall submit an official letter issued by the superior competent department (at or above the bureau level).

all kinds of import and export enterprises should apply for export licenses in accordance with the general trade management regulations if the value of each batch of samples is higher than RMB 5,.

shipping the exhibits.

if the articles brought by the exhibition held abroad by non-foreign trade units need to be sold abroad or not brought back to China after the exhibition, the approval documents for holding the exhibition approved by MOFTEC shall be submitted.

the goods sold abroad by the head office directly under the Ministry of foreign trade and economic cooperation, which is authorized by the Ministry of foreign trade and economic cooperation, are licensed commodities, and the approval documents for holding the exhibition approved by the Ministry of foreign trade and economic cooperation should be submitted.

specification of the contents of the application form for export license

Any unit applying for an export license shall fill in the application form for export license according to the following specifications.

(1) Exporter:

For export commodities subject to quota management, the full name of the import and export enterprise of the export quota unit shall be filled in;

for export commodities under general license management, the full names of various import and export enterprises with export operation rights shall be filled in;

for the export of loan repayment and compensation trade projects, the full name of the agency with the right to operate the export should be filled in;

if the non-foreign trade unit is approved to ship the goods, fill in the name of the unit in this column;

The enterprise code shall be filled in according to the code compiled by the issuing authority authorized by MOFTEC (the same below)

(2) Shipper:

Shippers and exporters of commodities subject to quota bidding (including paid and unpaid bidding) must be consistent;

in principle, the consignors of other commodities subject to export quota management should be consistent with the exporters, but they may be different if they are affiliated with the exporters.

when the loan is repaid, the compensation trade is exported, and the foreign-invested enterprise entrusts the agent to export, the lender and the exporter can be inconsistent.

(3) export license number: arranged by the issuing authority.

(4) Expiry date of export license:

For commodities subject to the "one batch, one license" system, the license is valid for up to three months from the date of issuance. The license for the supply of fresh and frozen commodities to Hong Kong and Macao (excluding re-export) is valid for one month.

for commodities that do not implement the "one batch, one license" system, foreign-invested enterprises and export commodities under compensation trade, the validity period of their licenses is six months at the longest from the date of issuance.

if the validity period of the license is required to extend beyond one year, the date of the license can be filled in the next year, at the latest by the end of February.

(5) Mode of trade:

This column includes: general trade, barter trade, compensation trade, incoming processing, incoming processing, export of foreign-invested enterprises, border trade, outgoing processing, entrepot trade, futures trade, project contracting, loan repayment export, international exhibition, agreement trade and other trade.

feed processing re-exports, fill in this column for feed processing.

when a foreign-invested enterprise re-exports its raw materials, it shall fill in the export method of the foreign-invested enterprise.

If each batch of goods and samples shipped by non-foreign trade units is worth more than 5, yuan, fill in "International Exhibition" in this column.

for all kinds of import and export enterprises, fill in "international exhibition" in this column, and fill in general trade for the samples shipped.

(6) contract number:

refers to the code of the export contract used in applying for license, customs declaration and settlement of foreign exchange.

for crude oil, refined oil and non-trade exports, the contract number is not required.

when the exhibits are shipped, this column should be filled with the document number approved by MOFTEC.

(7) customs declaration port:

indicates the port of shipment. This column allows you to fill in three ports, but you can only declare at one port

(8) importing country (region):

refers to the final destination, that is, the contract destination, and the domain name (such as Europe) is not allowed.

(9) Method of payment:

The contents in this column include: letter of credit, collection, remittance, promissory note, cash, charge and free of charge.

(1) mode of transportation: maritime transportation, railway transportation, road transportation, air transportation, postal transportation and fixed transportation can be filled in.

(11) commodity name and code: according to the standard name of the catalogue of commodities subject to export license issued by MOFTEC.

(12) specification grade:

specification grade column, which is used to specify the manufactured goods, including specific varieties, specifications (such as cement grade, steel grade, etc.) and grades (such as rabbit hair grade). When there are more than four specifications and models of the same coded goods, an export license application form shall be filled out separately. "Labor export materials" should also be filled in accordingly

The goods shipped must be consistent with the variety, specification or grade of the port described in this column.

(13) unit: refers to the unit of measurement. For export commodities under non-trade, the unit of measurement in this column is "batch", and the specific unit is indicated in the remarks column.

(14) quantity, unit price and total value:

quantity indicates how many commodities are allowed to be exported under this certificate. This value is allowed to retain one decimal place, and all digits that exceed it shall be rounded up. If the unit of measurement is Batch, this column is all 1

The unit price refers to the unit price consistent with the unit of measurement; if the unit of measurement is Batch, this column is the total amount.

(15) Remarks: Fill in the unfinished items in the above columns

Handling of change, extension and loss of export licenses

(1)

When all kinds of import and export enterprises need to change or extend their export licenses for some reason, they should handle them according to the following provisions.

once an export license is issued according to regulations, no license issuing authority may change any contents of the license; If it is really necessary to change an item, the exporting unit shall fill in the application form for export license and provide the export contract, and submit the original export license for renewal by the issuing authority.

if the export license is not used or used up within the validity period, the exporter may apply for an extension and return the original export license to the original issuing authority. By the original issuing authority in accordance with the provisions of the unused license replacement processing. The validity of the export license can be extended to the end of February of the following year at the latest.

(2) If the applicant loses its export license, it shall report the loss to the issuing authority and the customs at the customs declaration port of the license in time. When reapplying for an export license, it shall provide the issuing authority with the undeclared certificate and the loss report, and the issuing authority shall handle it according to the regulations.

legal responsibility of the applicant

the applicant is not allowed to forge, alter or buy or sell the export license, and those who violate it will be investigated for criminal responsibility according to the Foreign Trade Law of the People's Republic of China and customs regulations.

reference materials for foreign trade

general knowledge of foreign trade

national taboos

international direct dial telephone code

national and regional standard code

list of domestic ports

cars, trains, Container loading and unloading fees of barges

currency names of countries (regions) in the world and their carry system

addresses and telephone numbers of foreign countries and embassies and consulates in China

English abbreviations commonly used in foreign trade

How to inspect import and export goods

Introduction to the latest trade terms Incoterms 2