出口商品配额招标办法 Ministry of Foreign Trade and Economic Cooperation, Invitation to Tenders for Export Quot

erprises that do not pay the winning tender guarantee sum in accordance with regulations, and shall revoke their qualification to submit tenders for the relevant commodity for one to two years.

　　Article 39　Quotas which the enterprise has not handed over or transferred in accordance with regulations, and that are

not drawn before the cut-off date of the valid period of the quota, or those that are drawn but are not in fact used, shall be regarded as wasted quotas. Enterprises wasting more than a specific proportion of quotas won by tender shall be stripped of their qualification to tender for the quota of that export commodity for one to three years, in accordance with the seriousness of the waste. Concrete details shall be determined by the Tender Committee in accordance with the actual circumstances of different commodities.

　　Article 40　If acts by enterprises in violation of the above Articles of this Part constitute deliberate sabotage of invitation to tender and are serious, the Tender Committee may revoke in perpetuity their qualification to submit tenders for a single commodity or for all tender commodities, and shall hand the case over to be dealt with by judicial authorities.

　　Article 41　If winning enterprises are unable to pay the winning tender sum (including the winning tender guarantee sum) in accordance with the regulations because of force majeure, they should within a reasonable time period submit certificates issued by the relevant organizations. They can be exempt from all or part of the responsibility with the approval of the Tender Committee.

　　Article 42　If, for reasons such as the international market, the utilization rate of the quota of a particular commodity is generally low, the winning enterprises can be exempt from all or part of the responsibility with the approval of the Tender Committee.

　　PART NINE　SUPPLEMENTARY PROVISIONS

　　Article 43　MOFTEC shall annually check and compile a budget for expenditure incurred by MOFTEC, the Tender Committee, Tender Offices and Local Departments in charge of Foreign Trade because of work on invitation to tender for export commodity quotas, in accordance with the principle of separate administration of revenue and expenditure, to be allocated by the Ministry of Finance from the central foreign trade development fund with settlement taking place at the end of the year.

　　Article 44　No work unit, organization or individual may publish regulations, notices, notifications, etc. related to invitation to tender for quotas of export commodities without the approval of MOFTEC or the Tender Committee.

　　Article 45　MOFTEC is responsible for interpreting these Procedures.

　　Article 46　These Procedures shall be implemented as of 1 January 2002. The original Invitation to Tender for Export Quotas Procedures and Invitation to Tender for Export Quotas Procedures Implementing Rules (ref. [1998] Wai Jing Mao Guan Fa No. 974) shall be simultaneously repealed

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