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Decree of the Ministry of Commerce and the General Administration of Customs No.29-Measures for the Administration on Import and Export License for Dual-use Items and Technologies
Local Title:
商务部海关总署2005年第29号令-两用物项和技术进出口许可证管理办法
Country/Region:
China
Competent Authority:
General Administration of Customs;  Ministry of Commerce;  Ministry of Commerce
Type:
Regulation
Status:
In force
Release Date:
2005-12-31
Implementation Date:
2006-01-01
Document
Language Source Title Access
ZH
Official Measures for the Administration on Import and Export License for Dual-use Items and Technologies-CN version
ZH
Official Controlling List of the Import and Export License for Dual-use Items and Technologies-CN version
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Decree of the Ministry of Commerce and the General Administration of Customs No.29-Measures for the Administration on Import and Export License for Dual-use Items and Technologies
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Summary

The regulation was co-formulated by the Ministry of Commerce and General administration of Customs for the purposes of strengthening the administration on import and export license for dual-use items and technologies. It listed in the Annex I the “Controlling List of the Import and Export License for Dual-use Items and Technologies” (Control list) and stipulated that importers and exporters of dual-use items and technologies in the “Control list” shall apply for the import and export license for dual-use items and technologies to the issuing bodies. Also, the regulation added in its Annex II the “Name List of the Authorities Responsible for the Issuance of the Import and Export License for Dual-use Items and Technologies”.

When the exporter and importer are dealing import and export of dual-use items and technologies, they shall present to the custom authorities the import or exit license for dual-use items and technologies. Then the custom authorities shall in accordance with the provisions in the Customs Law, accept the declaration and handle the formalities of examination and clearance.

The importers and exporters shall first acquire the document of approval from relevant administrative authorities and then apply to the local issuing authorities for the license for dual-use items and technologies.

The application of the foreign-funded enterprise for the import or export license shall be based upon the Approval Sheet of the Ministry of Commerce for the Foreign-funded Enterprise on the Import/Export of Precursors and Chemicals used in Production of Narcotic Drugs and Psychotropic Substances.

The document of approval for the import/export of controlled chemicals shall be the approval sheet for the import/export of controlled chemicals issued by the State Leading Group Office for the Implementation of the Convention on the Banning of Chemical Weapons, and the importer/exporter of controlled chemicals shall apply to the License Bureau for the import/export license for dual-use items and technologies.

The issuing authorities, after receiving the document of approval  and relevant documents issued by relevant administrative authorities in charge and checking for faults, issue the import/export license for dual-use items and technologies within 3 work days.

The import license for dual-use items and technologies shall be subject to the mechanisms of "one license, more uses" and "one license to one customs" and the export license for dual-use items and technologies shall be subject to the mechanisms of "one license, one use" and "one license to one customs".

The maximum validity term of the license is 1 years and the license may be used trans-annually but with a term of validity to March 31 of the next year; and a license, if the term of validity expires, may be reissued by the issuing authorities in accordance with the term of validity of the former license.

Obligations