Strengthen Punishments for Illegal Conduct in Foreign Trade

Update time:2016-02-29  source:

1.Replacing approval with filing and registration

On the basis of the new foreign trade law, the Ministry of Commerce has promulgated the Measures for the Filing and Registration of Foreign Trade Operators which stipulate that foreign trade operators engaging in the import and export of goods or technologies must file and register with the Ministry of Commerce or its appointed agents,

unless otherwise provided for by relevant laws, administrative rules or the Ministry of Commerce.

The Ministry of Commerce may appoint qualified local foreign trade departments to handle the filing and registration of foreign trade operators in their localities.

Foreign trade operators may therefore file and register with relevant local organs.

The procedures for filing and registration of foreign trade operators are: Foreign trade operators should fill out the Foreign Trade Operator Filing and Registration Form (Registration Form) obtainable by downloading from the Ministry of Commerce’s website or collected at local filing and registration organs,

and submit it together with photocopies of the business licence and of the enterprise code certificate to the filing and registration organ.

For FIEs, photocopy of the FIE approval certificate is also required; for individually-owned businesses (sole proprietors), notarised property proof issued by a legal notarisation body is required; for foreign enterprises, capital credit proof issued by a legal notarisation body is required.

The filing and registration organ would process the application within five days upon receipt of the above-mentioned documents and put a stamp of registration on the Registration Form.

With this stamped Registration Form, foreign trade operators should complete the necessary formalities for conducting foreign trade with the local customs, inspection and quarantine, foreign exchange and tax departments within 30 days, after which the Registration Form will automatically be invalidated.

2.Enterprises under all ownership systems and individuals are eligible

The term “foreign trade operator” used in the Measures includes not only all kinds of domestic enterprises in China but also foreign-invested enterprises, foreign enterprises and individually-owned Businesses.

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