商务部关于外商投资企业外贸权备案登记有关问题的通知
Notice of the Ministry of Commerce on Matters Relating to Registration and Documentation of Foreign Trading Rights for Foreign Invested Enterprises

ShangZiHan[2004]No.46

Notice of the Ministry of Commerce on Matters Relating to Registration and Documentation of Foreign Trading Rights for Foreign Invested Enterprises

Competent commerce administrations in various provinces, autonomous regions, municipalities and cities under direct state planning,

The Foreign Trade Law of the People’s Republic of China (PRC President Decree No.15) and the Registration and Documentation Measures for Foreign Trade Operators (MOFCOM Decree [2004] No.14, hereinafter referred to as the Measures) came into effect as of July 1, 2004.  In reference to Article 14 of the Measures, foreign invested enterprises (FIEs) are advised to proceed with registration and documentation in accordance with the following rules:

1.    FIEs approved prior to July 1, 2004 which seek to increase their import and export activities without the need to apply for changes in their business scope and legally-approved FIEs after July 1, 2004 which export self-made products and import goods and technologies for self-use are not required to go through separate registration and documentation procedures for foreign trade operators.

2.       Legally-approved FIEs applying for an addition of import and export business to their already approved business scope should apply for changes of circumstances in their business license as required by the Measures.  They should proceed with registration and documentation against production of the approval certificate for the establishment of the FIE in question (NB: application for changes in the approval certificate is not needed.), the new business license and other documents that may be required.  The competent registry shall stamp on the registration form with a cachet that specifies “excluding distribution of import commodities”.

3.       Newly-founded FIEs which apply for a business scope that includes the export of non self-made products or import of commodities and technologies other than self-use should have competent approval authorities specify in their business license “import and export business (excluding distribution)”.  They should proceed with registration and documentation in accordance with the Measures.  The competent registry shall stamp on the registration form with a cachet that specifies “excluding distribution of import commodities”.

4.       Legally-approved FIEs engaged in import, export and distribution as governed by the Administrative Measures on Foreign Investment in Commercial Fields (MOFCOM Decree [2004] No.8), the Interim Regulation on the Establishment of Joint-equity Foreign Trading Firms (MOFTEC Decree [2003] No.1), the Notice on Matters Relating to Pilot Projects of Foreign-funded Logistics Firms (MOFTEC ZiYiHanZi [2002] No.615) and other regulations will not receive the stamp that specifies “excluding distribution of import commodities” while proceeding with registration and documenting.

Ministry of Commerce of China
August 17, 2004