加工贸易审批管理暂行办法 Administration of the Examination and Approval of Processing Trade Tentative Procedures

of the materials and parts or the export of the finished products issued by the relevant authority.

　　PART SEVEN　STATISTICAL SUPERVISION AND FOLLOW-UP ADMINISTRATION

　　Article 31　Each provincial level Processing Trade Examinatio

n and Approval Authority must consolidate the details of the examination and approval of processing trade business and verification of matured processing trade business in its region on a daily basis and report them to MOFTEC in a single transmission through the China International Electronic Commerce Network.

　　Article 32　Processing Trade Examination and Approval Authorities at each level shall strengthen their supervision, examination and follow-up administration of processing trade verification in their regions, and require operating enterprises to submit the Customs verification notice to the original examination and approval authority for recordal of the verification within 30 days after export verification. If an enterprise fails to carry out recordal of the verification within the specified time limit, the reason shall be ascertained and approval for its engagement in new processing trade business shall be suspended.

　　Article 33　MOFTEC shall conduct scheduled or unscheduled inspections of the processing trade examination and approval situation in each region and strictly prohibit all manner of examination and approval acts in violation of regulations including ultra vires approvals, approvals without quotas, approvals in excess of quotas, etc.

　　Article 34　Processing Trade Examination and Approval Authorities at each level shall actively coordinate with Customs, the tax authorities, banks, foreign exchange authorities, etc to strengthen inter-authority exchange of information and cooperation and increase comprehensive oversight over processing trade.

　　PART EIGHT　SUPPLEMENTARY PROVISIONS

　　Article 35　All processing trade Imported Materials and Parts that are imported under bond shall be processed and re-exported. If there truly are special reasons necessitating the domestic sale of bonded Imported Materials and Parts (or their finished products) or their diversion to the production of products for domestic sale, matters shall be handled in accordance with the relevant provisions of the Examination and Approval of the Domestic Sale of Bonded Materials and Parts Imported for Processing Trade Tentative Procedures.

　　Article 36　The State permits engagement in processing trade business involving transfer to other factories for further processing and re-export provided that the operating enterprise must first submit the same to the authority in charge of foreign economic relations and trade for its approval. Specific administrative procedures shall be formulated separately.

　　Article 37　Bonded zone enterprises engaging in processing trade shall not be subject to the security bank deposit account system, being instead subject to the provisions of the Customs Supervision and Control of Bonded Zones Procedures.

　　Article 38　Imports under processing trade arrangements shall not be subject to the restrictions imposed by the regulations for separate general trade imports and operations and operating enterprises may organize imports on their own.

　　Article 39　Examination and approval authorities which violate these Procedures will be subjected by MOFTEC to circulation of a notice of criticism or suspension or revocation of their authority to examine and approve processing trade arrangements. Licensing authorities which violate these Procedures will be subjected by MOFTEC to circulation of a notice of criticism or suspension or revocation of their import licensing authority.

　　Article 40　processing trade enterprises which violated these Procedures will be subjected to circulation of a notice of criticism and Customs will be notified to record one instance of violation against them. In serious cases, the enterprise shall have its right to engage in processing trade suspended or revoked. Enterprises whose violations constitute criminal offences shall have their cases turned over to the judicial authorities for handling.

　　Article 41　These Procedure

s shall be implemented as of 1 June1999.

　　Article 42　MOFTEC shall be in charge of interpreting these Procedures. The previously issued Ministry of Foreign Trade and Economic Cooperation, the Issuance of the Relevant Questions Concerning Foreign Processing and Assembling Business Provisions Circular ([89] Wai Jing Mao Jin Chu Ling Zi No. 212) and four other previously issued documents (see Appendix Four for the list) are simultaneously repealed. If there are any discrepancies between the provisions of previously issued related documents and these Procedures, these Procedures shall prevail

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