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15 July 2015

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Record Filing and Registration of Foreign Trade Operators Procedures

Article 1 These Procedures have been formulated in accordance with the relevant provisions of Article 9 of the PRC, Foreign Trade Law (the Foreign Trade Law) in order to promote the development of foreign trade.
 
Article 2 Foreign trade operators that engage in the import and export of goods or technology shall handle record filing and registration with the Ministry of Commerce of the People’s Republic of China (MOFCOM) or an authority appointed by MOFCOM, except where laws, administrative regulations and MOFCOM stipulate that no record filing or registration is required.
If a foreign trade operator fails to handle record filing and registration in accordance with these Procedures, customs shall not carry out the procedures for declaration, and inspection and release of the imports and exports.
 
Article 3 MOFCOM is the authority in charge of record filing and registration of foreign trade operators nationwide.
 
Article 4 The record filing and registration of foreign trade operators shall be administered through a national network and on the basis of territorial jurisdiction.
MOFCOM shall appoint local authorities in charge of foreign trade that fulfil the criteria (Record Filing and Registration Authorities) to be responsible for handling the procedures for record filing and registration of the foreign trade operators within their jurisdiction. Appointed Record Filing and Registration Authorities shall not appoint other authorities to carry out record filing and registration on their own.
Record Filing and Registration Authorities must fulfil the conditions necessary for record filing and registration such as fixed office premises, dedicated personnel for administration, data entry, technical support and maintenance, and relevant equipment for connecting with the foreign trade operator record filing and registration network system of MOFCOM (the Record Filing and Registration Network).
In respect of a Record Filing and Registration Authority that fulfils the aforementioned conditions, MOFCOM may issue a letter of appointment, issue a record filing and registration seal centrally produced by MOFCOM, and make an announcement thereof to the public. The Record Filing and Registration Authority shall, on the strength of the letter of appointment and the record filing and registration seal issued by MOFCOM, handle record filing and registration procedures through the Record Filing and Registration Network of MOFCOM. If a Record Filing and Registration Authority has undergone a change and no longer fulfils the aforementioned conditions or if it fails to handle record filing and registration according to Articles 6 and 7 hereof, MOFCOM may revoke its appointment.
 
Article 5 The Procedures for Record Filing and Registration of Foreign Trade Operators
A foreign trade operator shall handle record filing and registration with the local Record Filing and Registration Authority.
The procedures for record filing and registration of foreign trade operators are as follows:
(1) Obtain a Foreign Trade Operator Record Filing and Registration Form (the Registration Form). A foreign trade operator may download the Registration Form (see attached sample) from the MOFCOM government website (http://www.mofcom.gov.cn) or collect it at the local Record Filing and Registration Authority.
(2) Complete the Registration Form. A foreign trade operator shall conscientiously fill in the information under all items according to the requirements of the Registration Form and ensure that all the details filled in are complete, accurate and true. It shall at the same time conscientiously read the clauses at the back of the Registration Form and have the Registration Form signed by and affixed with the seal of the legal representative of the enterprise or the person in charge of the individually-owned industrial and commercial entity.
(3) Submit the following record filing and registration materials to the Record Filing and Registration Authority:
1. the Registration Form completed pursuant to the requirements of Paragraph Two of this Article;
2. photocopy of the business licence;
3. photocopy of the organization code certificate;
4. if the foreign trade operator is a foreign-invested enterprise, a photocopy of the approval certificate for a foreign-invested enterprise shall be submitted; and
5. in the case of an individually-owned industrial and commercial business (sole proprietor) that has completed industry and commerce registration according to law, a property notarization certificate issued by a legal notary shall be submitted; in the case of an enterprise of a foreign country (region) that has completed industry and commerce registration according to law, the supporting documents for capital and credit issued by a legal notary shall be submitted.
 
Article 6 The Record Filing and Registration Authority shall handle the record filing and registration procedures and affix the record filing and registration seal on the Registration Form within five days of the date of receipt of the aforementioned materials submitted by the foreign trade operator.
 
Article 7 The Record Filing and Registration Authority shall, at the time of completion of the record filing and registration procedures, record in a complete and accurate manner and keep the record filing and registration information and registration materials of foreign trade operators and set up a record filing and registration archive according to law.
 
Article 8 A foreign trade operator shall handle the procedures required for engaging in foreign trade business with the local customs, inspection and quarantine, foreign exchange and tax authorities within 30 days on the strength of the Registration Form bearing the record filing and registration seal. If it fails to complete such procedures within the time period, the Registration Form shall become void automatically.
 
Article 9 If there is a change to any registered item in the Registration Form, the foreign trade operator shall, within 30 days, handle the amendment procedures for the Registration Form with reference to the relevant provisions of Articles 5 and 8 hereof. If it fails to complete such procedures within the time period, its Registration Form shall become void automatically.
The Record Filing and Registration Authority shall immediately handle the amendment procedures upon receipt of the written materials submitted by the foreign trade operator.
 
Article 10 If a foreign trade operator has already completed the deregistration procedures with, or its business license has been revoked by, the administration for industry and commerce, its Registration Form shall become void automatically as of the date of deregistration or revocation of the business license.
If, according to the relevant provisions of the Foreign Trade Law, MOFCOM decides to forbid a foreign trade operator to engage in the business activities of import and export of relevant goods or technology for a period of more than one year and less than three years, the Record Filing and Registration Authority shall cancel its Registration Form. The foreign trade operator may handle record filing and registration anew according to these Procedures upon the expiry of the punishment period.
 
Article 11 The Record Filing and Registration Authority shall, after the record filing and registration of a foreign trade operator has been cancelled, inform the customs, inspection and quarantine, foreign exchange and tax authorities of the relevant details in a time manner.
 
Article 12 A foreign trade operator shall not forge, falsify, alter, lease out, lend out, assign or sell any Registration Form.
 
Article 13 Record Filing and Registration Authorities shall not charge any fee in a disguised form when handling record filing and registration, or handling a change thereof.
 
Article 14 If a foreign trade operator has obtained the business qualifications for import and export of goods and technology according to law prior to the implementation of these Procedures, and is only engaging in import and export business activities within the originally authorized scope of business, it shall not be required to handle the record filing and registration procedures again. If the foreign trade operator intends to engage in import and export business activities beyond the originally authorized scope of business, it shall be required to handle the record filing and registration procedures according to these Procedures.
 
Article 15 MOFCOM shall be responsible for the interpretation of these Procedures.
 
Article 16 These Procedures shall be implemented as of 1 July 2004. Provisions that are inconsistent with these Procedures shall be repealed as of the date of promulgation of these Procedures.