Basic information
Outline of the system
China applies import (export) licenses to specific dual-use substances for the purposes of safeguarding national security and public interest and performing the obligations under relevant international agreements.
Product coverage
Dual-use substances
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
China has not maintained any restrictions on quantity that do not comply with WTO rules and China's commitments upon its accession into WTO.
Questions for products under restriction as to the quantity or value of imports
China has not maintained any restrictions on quantity that do not comply with WTO rules.
The system applies to products originating from which country?
The import licensing system in China does not differentiate the places of origin of products unless otherwise provided for in the free trade agreements entered into by China and relevant countries and regions.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
With respects to dual-use substances, the administrative rules promulgated by the State Council include the Regulations on Control of Nuclear Export (Decree of the State Council [2006] No. 480), the Regulations on Control of Exports of Dual-use Nuclear Substances and Related Technologies (Decree of the State Council [2007] No. 484), the Regulations on Control of Exports of Missiles and Related Substances and Technologies (Decree of the State Council [2002] No. 361), the Regulations on Control of Exports of Dual-use Biological Products and Related Equipment and Technologies (Decree of the State Council [2002] No. 365), the Regulations on Administration of Regulated Chemicals (Decree of the State Council [1995] No.190), the Regulations on Administration of Chemicals Easily Used to Produce Drugs( Decree of the State Council [2005] No.445) and the Measures for the Control of Exports of Relevant Chemicals and Related Equipment and Technologies (Decree of the former Ministry of Foreign Trade and Economic Cooperation, the former National Economic and Trade Commission and the General Administration of Customs [2002] No. 33). Pursuant to said administrative rules, the currently effective rules are the Measures for the Administration of Import and Export Licenses for Dual-use Substances and Technologies (Decree of the Ministry of Commerce and the General Administration of Customs [2005] No. 29), Provisions on the Management of Import and Export of Precursor Chemicals（Announcement by the Ministry of Commerce [2006] No.7, in conformity with which, the Ministry of Commerce publishes every year, in the form of announcements, the Catalogue for the Administration of Import and Export Licenses for Dual-use Substances and Technologies and the adjustments thereto.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Information and materials required to be provided to apply for import licences are detailed in Chapter II and Chapter III of the Measures for the Administration of Commodity Import Licences (Decree of the Ministry of Commerce [2004] No.27).
What documents is the importer required to supply with the application?
Information and materials required to be provided to apply for import licences are detailed in Chapter II and Chapter III of the Measures for the Administration of Commodity Import Licences (Decree of the Ministry of Commerce [2004] No.27).
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There is no other condition.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
China does not maintain limitation on international payment under commodity trading.