Article 1 In order to regulate the administration of automatic import license of foreign-invested enterprises, these Detailed Rules are formulated in accordance with the Measures for the Administration of Automatic Import License of Goods.
Article 2 These Detailed Rules shall apply to the import of goods with automatic import license by foreign-invested enterprises into People's Republic of China (PRC) and the national customs.
Article 3 The Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China (hereinafter referred to as MOFTEC) is responsible for guiding and administering the import of goods subject to automatic import license by foreign-invested enterprises, and jointly with the General Administration of Customs, it will publish the directory of automatic import license issuing agencies for foreign-invested enterprises (see Annex 1). The foreign trade and foreign capital administrative departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning (hereinafter referred to as local foreign trade and foreign capital administrative departments) shall be responsible for the administration of automatic import licenses for foreign-invested enterprises in the region.
Article 4 Enterprises with foreign investment shall provide the following materials when handling automatic import licenses:
Application Form for Automatic Import License (see Annex II);
(two) a copy of the approval certificate of the foreign-invested enterprise (including the joint annual inspection record);
(3) A copy of the business license of the foreign-invested enterprise;
(4) A copy of the joint venture or joint venture contract or articles of association of the foreign-invested enterprise;
(5) A copy of the capital verification report;
(6) A description of the actual production capacity of the foreign-invested enterprise;
(seven) other materials that need to be submitted.
Article 5 Enterprises with foreign investment shall import goods subject to automatic import license management, and shall comply with the relevant provisions of laws and administrative regulations and meet the following conditions:
(1) The foreign-invested enterprise applying for import has no illegal acts such as evasion, arbitrage, fraudulent export tax rebate, smuggling, etc. in the past three years;
(2) Imported goods shall comply with the relevant provisions of bilateral and multilateral trade agreements to which China is a party;
(3) Relevant provisions of other laws, administrative regulations or industrial policies.
Article 6 The automatic import license of foreign-invested enterprises shall be handled according to the following procedures:
(1) Raw materials and spare parts imported and used by foreign-invested enterprises are goods subject to automatic import license administration, and are exempt from automatic import license. Goods imported by foreign-invested enterprises for their own use refer to machinery, equipment, spare parts and other materials imported by foreign investors as investment or foreign-invested enterprises with funds within the total investment or other self-owned funds (specifically, enterprise reserve funds, development funds, depreciation and after-tax profits).
(2) If the goods imported by foreign-invested enterprises in processing trade are subject to automatic import license management, they shall be exempted from automatic import license and processed and re-exported according to regulations.
(3) Enterprises with foreign investment that import goods with automatic import license for the purpose of producing domestic products (goods belonging to Catalogue I and Catalogue III of Annex I of the Measures for the Administration of Automatic Import License of Goods) shall go through the formalities of automatic import license with the local foreign trade and foreign investment management department before going through the customs declaration formalities. One month before applying for an automatic import license, a foreign-invested enterprise shall notify the local foreign trade and economic cooperation and foreign investment management department of the import contract and the estimated arrival time in Hong Kong, and the local foreign trade and economic cooperation and foreign investment management department shall truthfully record it and report it to the Ministry of Foreign Trade and Economic Cooperation on a monthly basis.
(4) After receiving the Application Form for Automatic Import License and related materials that meet the requirements of these Detailed Rules, the local foreign trade and foreign capital administration departments shall immediately issue the Automatic Import License (see Annex III), and in special circumstances, the longest time shall not exceed 10 working days.
Article 7 The goods imported by foreign-invested enterprises for investment and personal use shall be subject to automatic import license management, and the customs shall examine and release them with the List of Equipment and Materials stamped with the "Special Seal for Import Audit of Foreign-invested Enterprises" (Annex 4) of the foreign trade and foreign capital management department.
Article 8 If the imported goods in processing trade of foreign-invested enterprises are subject to automatic import license management, the customs shall go through the formalities of inspection and release of the imported goods on the basis of the processing trade contract and other documents approved by the competent foreign trade department.
Article 9 If the goods imported by foreign-invested enterprises in processing trade are subject to automatic import license management and need to be sold domestically due to special circumstances, the customs shall go through the contract cancellation procedures with the Approval Certificate for Imported Bonded Materials and Parts in Processing Trade and the Automatic Import License issued by the provincial foreign trade and economic cooperation department, and pay taxes and postpone tax interest according to regulations.
If a foreign-invested enterprise fails to submit the Approval Certificate for Domestic Sale of Bonded Materials and Parts for Processing Trade and the Automatic Import License to the Customs within the specified contract write-off period, the Customs shall go through the contract write-off procedures and impose a fine in accordance with the relevant provisions, in addition to paying back the tax and interest on deferred tax.
Article 10 When an enterprise with foreign investment imports goods with automatic import license for the production of domestic products, the enterprise with foreign investment shall handle the sale and payment of foreign exchange to the bank with the Automatic Import License, and the customs shall go through the customs clearance formalities with the Automatic Import License.
Article 11 The contents in the first and second columns of the Automatic Import License for Foreign-invested Enterprises shall include the import and export enterprise codes; The third column of the "automatic import license number" coding rule certificate is: area code-year -WZ- five-digit serial number. For example, the automatic import license number of foreign-invested enterprises in Beijing should be1100-2002-wz-xxxxx and other provinces and cities in 2002; The "validity period of automatic import license" in the fourth column of the certificate shall not exceed 65438+February 31in the year of issuance; If a foreign-invested enterprise imports goods subject to automatic import license for the production of domestic products, the fifth column of the certificate shall fill in "joint venture import", "cooperative enterprise import" or "foreign-funded enterprise import".
Article 12 The Automatic Import License is valid for half a year, and it is valid in that year, and it is subject to non-batch-one-license management, but the cumulative use shall not exceed 6 times. After the customs annotates the original Automatic Import License in the "customs clearance endorsement column", the customs keeps one copy, and after the final use, the customs keeps the original.
The contents of the Automatic Import License shall not be changed. If the relevant items in the Automatic Import License need to be changed or postponed due to special reasons within the validity period, the foreign-invested enterprise shall apply to the original license issuing agency for renewal of the license with the original Automatic Import License, and the Automatic Import License can only be postponed once within the validity period; The original issuing authority shall take back the old certificate and print the words "reissue" in the remarks column of the new certificate.
Article 13 If the Automatic Import License is lost, the foreign-invested enterprise shall immediately report the loss to the original license issuing agency, and if it is verified by the license issuing agency that there are no adverse consequences, it shall be reissued.
Article 14 When the Automatic Import License applied by a foreign-invested enterprise is determined to be unusable, it shall be returned to the original license issuing agency in time.
Fifteenth foreign-invested enterprises in the process of automatic import license, if there is a dispute with the local foreign trade and foreign investment management departments, they may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 16 Automatic import licenses shall be uniformly supervised by MOFTEC.
Article 17 The effective signature of automatic import license for foreign-invested enterprises is "Special Seal for Automatic Import License for Foreign-invested Enterprises" (Annex 5), which is uniformly supervised by MOFTEC.
Article 18 The MOFTEC and the General Administration of Customs shall be responsible for the interpretation of these Detailed Rules. If the previous relevant provisions are inconsistent with these rules, these rules shall prevail.
Article 19 These Rules shall come into force as of the date of promulgation.
Annex I: Directory of Automatic Import License Issuing Agencies for Foreign-invested Enterprises
Annex II: Application Form for Automatic Import License of People's Republic of China (PRC) (omitted)
Annex III: Automatic Import License of People's Republic of China (PRC) (omitted)
Annex IV: Special Seal for Import Audit of Foreign-invested Enterprises (omitted)
Annex V: Special Seal for Automatic Import License of Foreign-invested Enterprises (omitted)
Annex I: Directory of Automatic Import License Issuing Agencies for Foreign-invested Enterprises
Ministry of Foreign Trade and Economic Cooperation
Beijing Foreign Economic Relations and Trade Commission
Tianjin Foreign Economic Relations and Trade Commission
Hebei Foreign Trade and Economic Cooperation Department
Shanxi Provincial Department of Foreign Trade and Economic Cooperation
Inner Mongolia Autonomous Region Foreign Trade and Economic Cooperation Department
Liaoning Provincial Department of Foreign Trade and Economic Cooperation
Dalian Foreign Economic Relations and Trade Commission
Jilin Provincial Department of Foreign Trade and Economic Cooperation
Heilongjiang Foreign Investment Management Bureau
Shanghai Foreign Investment Committee
Jiangsu Provincial Department of Foreign Trade and Economic Cooperation
Zhejiang Foreign Trade and Economic Cooperation Department
Ningbo foreign trade and economic cooperation bureau
Anhui Foreign Trade and Economic Cooperation Department
Fujian Provincial Department of Foreign Trade and Economic Cooperation
Xiamen Foreign Investment Committee
Jiangxi Provincial Department of Foreign Trade and Economic Cooperation
Shandong Provincial Department of Foreign Trade and Economic Cooperation
Qingdao Foreign Trade and Economic Cooperation Bureau
Henan Provincial Department of Foreign Trade and Economic Cooperation
Hubei Provincial Department of Foreign Trade and Economic Cooperation
Hunan Provincial Department of Foreign Trade and Economic Cooperation
Guangdong Provincial Department of Foreign Economic Relations and Trade Cooperation
Shenzhen Bureau of Foreign Trade and Economic Cooperation
Guangxi Zhuang Autonomous Region Foreign Investment Management Office
Hainan Provincial Department of Foreign Trade and Economic Cooperation
Chongqing Foreign Trade and Economic Committee
Sichuan Foreign Trade and Economic Cooperation Department
Guizhou province trade cooperation department
Yunnan Foreign Trade and Economic Cooperation Department
Xizang Autonomous Region Foreign Trade and Economic Cooperation Department
Shaanxi Provincial Department of Foreign Trade and Economic Cooperation
Gansu Provincial Department of Trade and Economic Cooperation
Qinghai Provincial Department of Foreign Trade and Economic Cooperation
Foreign Economic Relations and Trade Department of Ningxia Hui Autonomous Region
Xinjiang Uygur Autonomous Region Foreign Trade and Economic Cooperation Department
Xinjiang production and construction corps foreign trade and economic cooperation bureau