出口商品管理暂行办法 Interim Provisions for Administration of Export Commodities

一九九二年第4号
（Promulgated by the Ministry of Foreign Economic Relations and Trade on December 29， 1992）
颁布日期：19921221 　实施日期：19930101 　颁布单位：经贸部

　　To meet the need of the development of the socialist market economy， strengthen the macro administration of export and accelerate the development of foreign trade referring to the practices of international trade， the Interim Provisions For Administration of Export Commodities is enacted as follows：

　　1. The scope of export commodities administrated with quota licenses the State

　　The export commodities administrated with quota licenses are mainly：

　　the export commodities in bulk and resource nature and relating to the national importance and the people's lives and the traditional export commodities in bulk which have important positions in our export； the important export commodities which have dominant positions in the world market or in certain market， the export commodities restricted with quotas by foreign states or commodities demanded by foreign states to actively restrict our export quantity； the commodities in large export amount and liable to cause disorder of trade， the important export commodities with famous brand or high quality or speciality， or export commodities having special requirement. The number of the export commodities administrated with the quota licenses all together is 138 （list attached behind）。 With the deepening of the reform， the number of the export commodities administrated with quota licenses shall be reduced in the future step by step.

　　（1） The planned quota shall apply to the export commodities in bulk and resource nature relating to national importance and people's lives and the traditional export commodities in bulk which have very important positions in our export. The number of commodities is 38. When annual export quantity is fixed， the MOFERT shall assign the quantity to provinces， autonomous regions， cities under direction of the State and cities with separate list in the State planning （hereunder referred to as local governments） and foreign trade （or industrial and trading companies directly under ministries of the Central Government （hereunder referred as foreign trade companies under Ministries） for the implementation.

　　（2） The active quota administration shall apply to the important export commodities having dominant positions in world market or in certain market and the export commodities demanded by foreign states to be actively restricted. The number of commodities is 54. Among them， overseas areas have 31 quoted commodities； Hong Kong and Macao have 23 quoted commodities. The annual export quantity shall be fixed by the MOFERT according to foreign and domestic market situations with consultation with relevant Chambers of Export and Import. The quota shall be in principle assigned among the local governments and foreign trade companies under ministries to implement.

　　（3） The ordinary license administration shall apply to the export commodities in large export amount and liable to cause disorder of trade， the important export commodities with famous brand or high quality or speciality and some commodities which really need to be administrated. These commodities are listed in the export commodities administrated with export licenses. The number of the commodities is 22. The assortments shall be adjusted every year. The annual export quantities in principle are not restricted. The main focus is the administration of the order of trade.

　　（4） The 24 export commodities having quotas laid by foreign states shall continue the passive quota administration. The annual export quantity shall be implemented according to the bilateral agreements. The measures to assign the quotas shall be made separately.

　　（5） For the export commodities produced and exported by enterprises with foreign investment which are under quota license administration， the

export quotas shall be arranged according to the approved contract when the project was set up.

　　2. Export license administration

　　（1） The export license administration shall apply to all export commodities administrated with planned quota， active quota and ordinary licenses. The total number of commodities administrated with the export licenses is 114.

　　（2） The licenses shall be issued for export commodities administrated with planned quota and active quota according to plan and quota quantity； The number of ordinary licenses issued for export commodities administrated with the ordinary licenses in principle are not restricted. If the situations of world market or domestic market have changed and demand to restrict the number of licenses issued， the MOFERT shall notify the issuing administration in advance.

　　（3） The MOFERT shall make provisions for administration of licenses， carry out macro administration and control the total amount. The routine issuing work for commodities under the ordinary licenses shall be mainly carried out by the local foreign trade administration and the Special Commissioner's Office.

　　（4） The bidding measures are introduced in issuing of licenses for some commodities administrated with licenses. The Chambers of Export and Import shall organize the bidding. The license issuing administration shall， within the fixed quota amounts， issue the export licenses according to quantity and price in the bidding by the company. The foreign trade administration shall supervise and administrate the execution of the contracts. The scope of commodities administrated with quota licenses for which bidding is tried out shall be enlarged.

　　3. Administration for export commodities trade

　　（1） The 16 most important export commodities within commodities administrated with planned quota shall be jointly traded and monopolized by the State. The MOFERT shall organize the detailed implementation.

　　（2） Except for the 16 most important export commodities jointly traded and monopolized by the State， the rest of export commodities administrated with quota licenses shall be assigned by the foreign trade administration of the provinces， autonomous regions， cities under direction of the Central Government and cities with separate list in the State planning to foreign trade companies which have export result or business ability and other companies having the rights to export the commodities. （The companies under ministries shall be assigned by the MOFERT according to their export result or business ability）。 Commodities not included in the above-mentioned commodities can be traded by all foreign trade companies approved by the State to operate foreign trade business.

　　（3） The business scope of companies of production in nature， entitive company groups or enterprises with foreign investment having rights to export their own products are still restricted to their own products.

　　（4） No company can export the goods listed as follows；

　　（（1）） those having threat to national security；

　　（（2）） antique， animals or plants close to extinction or very precious， products produced by the forced labour and other goods prohibited to be exported by the laws or regulations；

　　（（3）） those violating the international duties of the People's Republic of China；

　　（（4）） musk， natural bezoar， copper and copper based alloy， platinum which are specially lacking in the domestic market.

　　4. Coordinative administration of export commodities

　　The export commodities needed to be coordinated shall be coordinately administrated by each specialized Chamber of Export and Import. The companies dealing with export commodities administrated with quota licenses shall join the relevant Chamber of Export and Import， The detailed coordinative methods shall be made out by each Chamber of Export and Import. Once being discussed and passed

by the general assembly meeting of mummers， the methods shall be implemented strictly.

　　The joint operation by companies trading the same export commodities on the basis of willingness， equality and mutual benefit shall be highly encouraged.

　　The Law on Trade Marks shall be strictly implemented to protect and promote the export commodities with famous brands.

　　5. Increasing the transparency of administration of export commodities

　　If no commercial secrecy is involved， the results of assignment and execution of quotas for export commodities administrated with quota licenses shall be promulgated every year in order to be supervised by all parties concerned.

　　6. The present Provisions shall enter into force on January 1， 1993. The MOFERT shall be responsible for interpretation of the present Provisions.

　　The List of Export Commodities Administrated with Quota Licenses by the State（Total 138 Categories）

　　1. The List of Export Commodities Administrated with Planned Quota （38 Categories）

　　（（1）） rice

　　（（2）） soybean （including crushed）

　　（（3）） corn （including crushed）

　　（（4）） tea

　　（（5）） coal （including coal-water mixture）

　　（（6）） tungsten （tungsten ore， ammonium paratungstate， tungsten trioxide， tungstate ）

　　（（7）） antimony （antimony ingots， antimony oxide）

　　（（8）） crude oil

　　（（9）） processed oil products

　　（（10）） cotton

　　（（11）） cotton yarn

　　（（12）） polyester cotton yarn

　　（（13）） cotton gray cloth

　　（（14）） polyester cotton gray cloth

　　（（15）） silk

　　（（16）） gray silk fabrics （shuttle-woven， knitted， raw， boiled-off， bleached）

　　（The 16 very important export commodities shall be jointly traded and mo

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