Chapter I General Provisions
Article 1: To develop foreign trade, implement national industrial policies, maintain market order, optimize import structure, and promote the development of the national economy, in accordance with the "Regulations on the Administration of Import and Export of Goods of the People's Republic of China" and the international treaties and agreements concluded or participated by the People's Republic of China These regulations are formulated in accordance with the relevant regulations.
Article 2 These Measures shall apply to the acts of legal persons or other organizations (hereinafter referred to as importing units) within the territory of the People's Republic of China to import overseas mechanical and electrical products into the territory of the People's Republic of China.
Article 3 The term "mechanical and electrical products" as used in these Measures refers to mechanical equipment, electrical equipment, transportation vehicles, electronic products, electrical products and instruments, and other parts and components.
Article 4 Imported mechanical and electrical products shall comply with the laws, administrative regulations, departmental rules, quality and technical standards of China's safety and environmental protection, as well as international or bilaterally recognized laws and administrative regulations on safety and environmental protection, as well as quality and technology. Regulations such as standards.
Article 5 The Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China (referred to as the Ministry of Foreign Trade and Economic Cooperation) is responsible for the import management of mechanical and electrical products throughout the country.
The autonomous regions, municipalities directly under the Central Government and cities with separate plans, coastal open cities, foreign economic and trade authorities of special economic zones (referred to as local foreign trade and economic authorities) and the State Council's mechanical and electrical products import and export offices (referred to as departmental mechanical and electrical offices) are responsible for the region, this Department of mechanical and electrical products import management work.
Article 6 The State implements classified management of the import of mechanical and electrical products, that is, it prohibits the import, restriction of imports and automatic import licenses.
Chapter II prohibits imports
Article 7 The mechanical and electrical products of one of the following circumstances are prohibited by the State:
(1) endangering national security or social public interest;
(2) In order to protect the life, safety or health of human beings, animals and plants, import must be prohibited;
(3) Destroying the living environment and the ecological environment;
(4) It is necessary to prohibit import according to the provisions of international treaties and agreements concluded or participated by the People's Republic of China;
(5) Other provisions of laws and administrative regulations.
Article 8 The Ministry of Foreign Trade and Economic Cooperation, together with the General Administration of Customs, shall formulate, adjust and publish a catalogue of mechanical and electrical products that are prohibited from being imported.
Chapter III restricts imports
Article 9 An electromechanical product that has one of the following conditions, the state restricts imports:
(1) In order to safeguard national security or social public interests, it is necessary to restrict imports;
(2) In order to establish or speed up the establishment of specific industries in China, it is necessary to restrict imports;
(3) In order to protect the country's international financial status and balance of international payments, it is necessary to restrict imports;
(4) Restrictions on imports are required in accordance with the provisions of international treaties and agreements concluded or acceded to by the People's Republic of China;
(5) Other provisions of laws and administrative regulations.
Article 10 The Ministry of Foreign Trade and Economic Cooperation, together with the General Administration of Customs, shall formulate, adjust and publish a catalogue of mechanical and electrical products that restrict imports.
The catalogue of mechanical and electrical products that restrict imports should be announced no later than 21 days before implementation. In an emergency, it should be announced no later than the date of implementation.
Article 11 For the restriction of imported mechanical and electrical products, if there are quantitative restrictions imposed by the state, quota management shall be implemented; for those without quantitative restrictions, specific mechanical and electrical products shall be implemented, and license management shall be implemented.
Article 12 The Ministry of Foreign Trade and Economic Cooperation shall be responsible for formulating and restricting the total amount of import quotas for the next year before July 31 of each year.
Article 13: Importing quotas for importing units shall apply to the Ministry of Foreign Trade and Economic Cooperation for the “Certificate of Import quota for mechanical and electrical productsâ€, and apply for the “Import Quota License†to the license management institution with the “Certificate of Import quota for mechanical and electrical productsâ€. The Quota License applies for customs clearance to the Customs.
Article 14 The Ministry of Foreign Trade and Economic Cooperation shall, in accordance with these Measures, formulate and promulgate the implementation rules for the management of import quotas for mechanical and electrical products.
Article 15 Imports of specific mechanical and electrical products are mainly purchased through international bidding. The importing unit shall apply to the Ministry of Foreign Trade and Economic Cooperation for the “Import and Export License for Mechanical and Electrical Products†and handle the customs clearance procedures with the Customs for the Import of Mechanical and Electrical Products.
Article 16 The Ministry of Foreign Trade and Economic Cooperation shall, in accordance with these Measures, work with the General Administration of Customs to formulate and promulgate the implementation rules for the import management of specific mechanical and electrical products.
Chapter IV Automatic Import License
Article 17 In order to monitor and analyze the import situation of mechanical and electrical products, automatic import license management shall be implemented for some mechanical and electrical products that are prohibited from importing and restricting import management.
Article 18 The Ministry of Foreign Trade and Economic Cooperation is responsible for coordinating with the General Administration of Customs to formulate, adjust and publish the catalogue of electromechanical products that implement automatic import license management.
The catalogue of electromechanical products subject to automatic import license management shall be announced no later than 21 days before implementation.
The automatic import license referred to in these Measures refers to the application of the Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic cooperation authority and the department's mechanical and electrical office in all circumstances to permit the importing unit to submit imported mechanical and electrical products in accordance with legal and administrative regulations.
Article 19 For importing and exporting mechanical and electrical products subject to automatic import license management, the importing unit shall apply for the “Automatic Import License†and the “Automatic Import License†to the Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic cooperation authority and the departmental mechanical and electrical office before going through customs formalities. The Automatic Import License applies for customs clearance procedures.
Article 20 The Ministry of Foreign Trade and Economic Cooperation shall, in accordance with these Measures, work with the General Administration of Customs to formulate and promulgate the implementation rules for the automatic import license management of mechanical and electrical products.
Chapter V Import of Old Mechanical and Electrical Products
Article 21 The term "old mechanical and electrical products" as used in these Measures refers to mechanical and electrical products that have been used (including refurbishment).
Article 22 Units that import used mechanical and electrical products must, in signing contracts or binding agreements, stipulate the inspection basis and technical indicators of the products in accordance with the laws, administrative regulations, such as national security, health, and environmental protection. For the inspection clauses; for those old mechanical and electrical products involving national security, environmental protection, human health and large-scale second-hand complete sets of equipment, the importing unit must specify in the foreign trade contract pre-shipment pre-inspection, supervision and other provisions in the exporting country.
Article 23 For imported old mechanical and electrical products, the importing unit shall apply to the General Administration of Quality Supervision, Inspection and Quarantine and its authorized institutions for import inspection, and handle the corresponding import licensing procedures in accordance with the provisions of these Measures, and import with the imported old mechanical and electrical products. The permit and the Customs Clearance Form for Imported Goods issued by the inspection and quarantine institution (the old mechanical and electrical products should be marked in the remarks column) shall be cleared to the customs.
Chapter VI Import Monitoring and Protection
Article 24 The Ministry of Foreign Trade and Economic Cooperation is responsible for the statistics, analysis and monitoring of the import of mechanical and electrical products throughout the country.
The local foreign trade and economic cooperation authorities and departmental mechanical and electrical offices shall, in accordance with the provisions of the national statistical system, promptly submit the statistics and data on the import of mechanical and electrical products of the region and the department to the Ministry of Foreign Trade and Economic Cooperation.
Article 25 If it is found that there are abnormalities in imported mechanical and electrical products, the MOFTEC shall promptly notify the relevant administrative department that all relevant parties to the imported mechanical and electrical products and the MOFTEC shall assist the administration in accordance with the provisions of laws and administrative regulations. The investigation conducted by the management for the above purposes.
Chapter VII Legal Liability
Article 26 Any of the following circumstances is a violation of these Measures:
(1) Importing mechanical and electrical products that are prohibited from import management, or importing mechanical and electrical products that are subject to import management without authorization or permission;
(2) Importing mechanical and electrical products that are subject to import management without exceeding the scope of approval or permission;
(3) Forging, altering or trading the import licenses of mechanical and electrical products (including the "Import and Export Import License Certificate" and the "Import Quota License", "Electrical and Mechanical Products Import License" and "Automatic Import License", the same below);
(4) Obtaining import certificates for mechanical and electrical products by deception or other improper means;
(5) transferring the import certificate of mechanical and electrical products without authorization;
(6) failing to apply for import in accordance with legal procedures;
(7) Other acts that violate the laws and administrative regulations to import mechanical and electrical products.
Article 27 If an importing unit has a situation in Article 26 and constitutes a crime, if it is investigated for criminal responsibility according to law, and it does not constitute a crime, the punishment shall be imposed in accordance with the provisions of laws and administrative regulations. Where there are cases in Article 26 (4), (5) and (6) of the importing unit, the import certificate of mechanical and electrical products shall be collected according to law, and the administrative organ with administrative punishment shall make administrative punishment to the relevant parties according to law; Criminal responsibility shall be investigated according to law.
Where the importing unit has one of the twenty-sixth circumstances, the MOFTEC may suspend or cancel its foreign trade operation permit, and the Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic cooperation authority or departmental mechanical and electrical office may within one to three years from the date of discovering its behavior. Applications for imported mechanical and electrical products are not accepted, and the administrative department for industry and commerce may be recommended to cancel their business qualifications.
In order to investigate and deal with the illegal import of mechanical and electrical products, the Customs may detain the import license for mechanical and electrical products according to law.
Article 28 If an importing unit is dissatisfied with the relevant administrative decision or administrative punishment decision made by the state administrative organ, it may apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 29 If an import management staff neglects their duties, engages in malpractices for personal gains, or abuses their powers, the discipline inspection and supervision department shall impose administrative sanctions or impose administrative punishments according to law according to the seriousness of the case; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 30 These Measures are also applicable to any of the following circumstances:
(1) Imported mechanical and electrical products under processing trade are used for domestic products or reserved for personal use;
(2) Foreign-invested enterprises importing electromechanical products for the production of domestic products or domestic sales, and foreign-invested enterprises importing old mechanical and electrical products;
(3) Importing mechanical and electrical products through trade methods such as leasing trade and compensation trade;
(4) importing mechanical and electrical products by means of free aid, donation or economic exchange;
(5) importing mechanical and electrical products from China's bonded areas and export processing zones;
(6) The mechanical and electrical products purchased by overseas institutions or overseas enterprises in China shall be transferred back to their own use;
(7) Other laws and administrative regulations provide otherwise.
Article 31 These measures are not applicable in any of the following circumstances:
(1) Importing and re-exporting mechanical and electrical products under processing trade;
(2) being supervised by the customs and temporarily importing mechanical and electrical products;
(3) Foreign-invested enterprises investing in and importing mechanical and electrical products for their own use;
(4) Other laws and administrative regulations provide otherwise.
Article 32 For mechanical and electrical products that implement the import compulsory certification system in the country, relevant licenses must be obtained in advance.
Article 33 According to the provisions of China's laws, administrative regulations or the agreements reached between China and international financial organizations and foreign government lending countries, mechanical and electrical products imported through international tendering shall be implemented in accordance with these Measures.
The international bidding method for mechanical and electrical products shall be formulated and promulgated by the Ministry of Foreign Trade and Economic Cooperation.
Article 34 The Ministry of Foreign Trade and Economic Cooperation shall be responsible for the interpretation and organization of these Measures. Where the relevant provisions of the past are inconsistent with these Measures, these Measures shall prevail.
Article 35 These Measures shall come into force on January 1, 2002.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: China Machine Grid
Article 1: To develop foreign trade, implement national industrial policies, maintain market order, optimize import structure, and promote the development of the national economy, in accordance with the "Regulations on the Administration of Import and Export of Goods of the People's Republic of China" and the international treaties and agreements concluded or participated by the People's Republic of China These regulations are formulated in accordance with the relevant regulations.
Article 2 These Measures shall apply to the acts of legal persons or other organizations (hereinafter referred to as importing units) within the territory of the People's Republic of China to import overseas mechanical and electrical products into the territory of the People's Republic of China.
Article 3 The term "mechanical and electrical products" as used in these Measures refers to mechanical equipment, electrical equipment, transportation vehicles, electronic products, electrical products and instruments, and other parts and components.
Article 4 Imported mechanical and electrical products shall comply with the laws, administrative regulations, departmental rules, quality and technical standards of China's safety and environmental protection, as well as international or bilaterally recognized laws and administrative regulations on safety and environmental protection, as well as quality and technology. Regulations such as standards.
Article 5 The Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China (referred to as the Ministry of Foreign Trade and Economic Cooperation) is responsible for the import management of mechanical and electrical products throughout the country.
The autonomous regions, municipalities directly under the Central Government and cities with separate plans, coastal open cities, foreign economic and trade authorities of special economic zones (referred to as local foreign trade and economic authorities) and the State Council's mechanical and electrical products import and export offices (referred to as departmental mechanical and electrical offices) are responsible for the region, this Department of mechanical and electrical products import management work.
Article 6 The State implements classified management of the import of mechanical and electrical products, that is, it prohibits the import, restriction of imports and automatic import licenses.
Chapter II prohibits imports
Article 7 The mechanical and electrical products of one of the following circumstances are prohibited by the State:
(1) endangering national security or social public interest;
(2) In order to protect the life, safety or health of human beings, animals and plants, import must be prohibited;
(3) Destroying the living environment and the ecological environment;
(4) It is necessary to prohibit import according to the provisions of international treaties and agreements concluded or participated by the People's Republic of China;
(5) Other provisions of laws and administrative regulations.
Article 8 The Ministry of Foreign Trade and Economic Cooperation, together with the General Administration of Customs, shall formulate, adjust and publish a catalogue of mechanical and electrical products that are prohibited from being imported.
Chapter III restricts imports
Article 9 An electromechanical product that has one of the following conditions, the state restricts imports:
(1) In order to safeguard national security or social public interests, it is necessary to restrict imports;
(2) In order to establish or speed up the establishment of specific industries in China, it is necessary to restrict imports;
(3) In order to protect the country's international financial status and balance of international payments, it is necessary to restrict imports;
(4) Restrictions on imports are required in accordance with the provisions of international treaties and agreements concluded or acceded to by the People's Republic of China;
(5) Other provisions of laws and administrative regulations.
Article 10 The Ministry of Foreign Trade and Economic Cooperation, together with the General Administration of Customs, shall formulate, adjust and publish a catalogue of mechanical and electrical products that restrict imports.
The catalogue of mechanical and electrical products that restrict imports should be announced no later than 21 days before implementation. In an emergency, it should be announced no later than the date of implementation.
Article 11 For the restriction of imported mechanical and electrical products, if there are quantitative restrictions imposed by the state, quota management shall be implemented; for those without quantitative restrictions, specific mechanical and electrical products shall be implemented, and license management shall be implemented.
Article 12 The Ministry of Foreign Trade and Economic Cooperation shall be responsible for formulating and restricting the total amount of import quotas for the next year before July 31 of each year.
Article 13: Importing quotas for importing units shall apply to the Ministry of Foreign Trade and Economic Cooperation for the “Certificate of Import quota for mechanical and electrical productsâ€, and apply for the “Import Quota License†to the license management institution with the “Certificate of Import quota for mechanical and electrical productsâ€. The Quota License applies for customs clearance to the Customs.
Article 14 The Ministry of Foreign Trade and Economic Cooperation shall, in accordance with these Measures, formulate and promulgate the implementation rules for the management of import quotas for mechanical and electrical products.
Article 15 Imports of specific mechanical and electrical products are mainly purchased through international bidding. The importing unit shall apply to the Ministry of Foreign Trade and Economic Cooperation for the “Import and Export License for Mechanical and Electrical Products†and handle the customs clearance procedures with the Customs for the Import of Mechanical and Electrical Products.
Article 16 The Ministry of Foreign Trade and Economic Cooperation shall, in accordance with these Measures, work with the General Administration of Customs to formulate and promulgate the implementation rules for the import management of specific mechanical and electrical products.
Chapter IV Automatic Import License
Article 17 In order to monitor and analyze the import situation of mechanical and electrical products, automatic import license management shall be implemented for some mechanical and electrical products that are prohibited from importing and restricting import management.
Article 18 The Ministry of Foreign Trade and Economic Cooperation is responsible for coordinating with the General Administration of Customs to formulate, adjust and publish the catalogue of electromechanical products that implement automatic import license management.
The catalogue of electromechanical products subject to automatic import license management shall be announced no later than 21 days before implementation.
The automatic import license referred to in these Measures refers to the application of the Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic cooperation authority and the department's mechanical and electrical office in all circumstances to permit the importing unit to submit imported mechanical and electrical products in accordance with legal and administrative regulations.
Article 19 For importing and exporting mechanical and electrical products subject to automatic import license management, the importing unit shall apply for the “Automatic Import License†and the “Automatic Import License†to the Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic cooperation authority and the departmental mechanical and electrical office before going through customs formalities. The Automatic Import License applies for customs clearance procedures.
Article 20 The Ministry of Foreign Trade and Economic Cooperation shall, in accordance with these Measures, work with the General Administration of Customs to formulate and promulgate the implementation rules for the automatic import license management of mechanical and electrical products.
Chapter V Import of Old Mechanical and Electrical Products
Article 21 The term "old mechanical and electrical products" as used in these Measures refers to mechanical and electrical products that have been used (including refurbishment).
Article 22 Units that import used mechanical and electrical products must, in signing contracts or binding agreements, stipulate the inspection basis and technical indicators of the products in accordance with the laws, administrative regulations, such as national security, health, and environmental protection. For the inspection clauses; for those old mechanical and electrical products involving national security, environmental protection, human health and large-scale second-hand complete sets of equipment, the importing unit must specify in the foreign trade contract pre-shipment pre-inspection, supervision and other provisions in the exporting country.
Article 23 For imported old mechanical and electrical products, the importing unit shall apply to the General Administration of Quality Supervision, Inspection and Quarantine and its authorized institutions for import inspection, and handle the corresponding import licensing procedures in accordance with the provisions of these Measures, and import with the imported old mechanical and electrical products. The permit and the Customs Clearance Form for Imported Goods issued by the inspection and quarantine institution (the old mechanical and electrical products should be marked in the remarks column) shall be cleared to the customs.
Chapter VI Import Monitoring and Protection
Article 24 The Ministry of Foreign Trade and Economic Cooperation is responsible for the statistics, analysis and monitoring of the import of mechanical and electrical products throughout the country.
The local foreign trade and economic cooperation authorities and departmental mechanical and electrical offices shall, in accordance with the provisions of the national statistical system, promptly submit the statistics and data on the import of mechanical and electrical products of the region and the department to the Ministry of Foreign Trade and Economic Cooperation.
Article 25 If it is found that there are abnormalities in imported mechanical and electrical products, the MOFTEC shall promptly notify the relevant administrative department that all relevant parties to the imported mechanical and electrical products and the MOFTEC shall assist the administration in accordance with the provisions of laws and administrative regulations. The investigation conducted by the management for the above purposes.
Chapter VII Legal Liability
Article 26 Any of the following circumstances is a violation of these Measures:
(1) Importing mechanical and electrical products that are prohibited from import management, or importing mechanical and electrical products that are subject to import management without authorization or permission;
(2) Importing mechanical and electrical products that are subject to import management without exceeding the scope of approval or permission;
(3) Forging, altering or trading the import licenses of mechanical and electrical products (including the "Import and Export Import License Certificate" and the "Import Quota License", "Electrical and Mechanical Products Import License" and "Automatic Import License", the same below);
(4) Obtaining import certificates for mechanical and electrical products by deception or other improper means;
(5) transferring the import certificate of mechanical and electrical products without authorization;
(6) failing to apply for import in accordance with legal procedures;
(7) Other acts that violate the laws and administrative regulations to import mechanical and electrical products.
Article 27 If an importing unit has a situation in Article 26 and constitutes a crime, if it is investigated for criminal responsibility according to law, and it does not constitute a crime, the punishment shall be imposed in accordance with the provisions of laws and administrative regulations. Where there are cases in Article 26 (4), (5) and (6) of the importing unit, the import certificate of mechanical and electrical products shall be collected according to law, and the administrative organ with administrative punishment shall make administrative punishment to the relevant parties according to law; Criminal responsibility shall be investigated according to law.
Where the importing unit has one of the twenty-sixth circumstances, the MOFTEC may suspend or cancel its foreign trade operation permit, and the Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic cooperation authority or departmental mechanical and electrical office may within one to three years from the date of discovering its behavior. Applications for imported mechanical and electrical products are not accepted, and the administrative department for industry and commerce may be recommended to cancel their business qualifications.
In order to investigate and deal with the illegal import of mechanical and electrical products, the Customs may detain the import license for mechanical and electrical products according to law.
Article 28 If an importing unit is dissatisfied with the relevant administrative decision or administrative punishment decision made by the state administrative organ, it may apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 29 If an import management staff neglects their duties, engages in malpractices for personal gains, or abuses their powers, the discipline inspection and supervision department shall impose administrative sanctions or impose administrative punishments according to law according to the seriousness of the case; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 30 These Measures are also applicable to any of the following circumstances:
(1) Imported mechanical and electrical products under processing trade are used for domestic products or reserved for personal use;
(2) Foreign-invested enterprises importing electromechanical products for the production of domestic products or domestic sales, and foreign-invested enterprises importing old mechanical and electrical products;
(3) Importing mechanical and electrical products through trade methods such as leasing trade and compensation trade;
(4) importing mechanical and electrical products by means of free aid, donation or economic exchange;
(5) importing mechanical and electrical products from China's bonded areas and export processing zones;
(6) The mechanical and electrical products purchased by overseas institutions or overseas enterprises in China shall be transferred back to their own use;
(7) Other laws and administrative regulations provide otherwise.
Article 31 These measures are not applicable in any of the following circumstances:
(1) Importing and re-exporting mechanical and electrical products under processing trade;
(2) being supervised by the customs and temporarily importing mechanical and electrical products;
(3) Foreign-invested enterprises investing in and importing mechanical and electrical products for their own use;
(4) Other laws and administrative regulations provide otherwise.
Article 32 For mechanical and electrical products that implement the import compulsory certification system in the country, relevant licenses must be obtained in advance.
Article 33 According to the provisions of China's laws, administrative regulations or the agreements reached between China and international financial organizations and foreign government lending countries, mechanical and electrical products imported through international tendering shall be implemented in accordance with these Measures.
The international bidding method for mechanical and electrical products shall be formulated and promulgated by the Ministry of Foreign Trade and Economic Cooperation.
Article 34 The Ministry of Foreign Trade and Economic Cooperation shall be responsible for the interpretation and organization of these Measures. Where the relevant provisions of the past are inconsistent with these Measures, these Measures shall prevail.
Article 35 These Measures shall come into force on January 1, 2002.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: China Machine Grid
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