Article 1 For the purposes of allocating resources rationally, regulating the order of export business, constructing fair and transparent trade environment, implementing international treaties that China has attended, safeguarding national economic interests and safety, the said measures are formulated in accordance with Foreign Trade Law of the People's Republic of China and Management Regulations of Goods Export and Export of the People's Republic of China.

Article 2 The state carries out uniform system of goods export license. The state implements the management of export license for export-restricted goods.

Article 3 Ministry of Commerce is a relevant department of administering export license in the country, responsible for formulating administration measures and regulations of export license, supervising and examining the implementation of administration measures on export license, punishing illegal activities.

Ministry of Commerce formulates, revises and promulgates annual Catalogue of Goods Subject to Export License Administration together with General Administration of Customs. Ministry of Commerce is responsible for formulating, revising and promulgating License-Issuing Catalogue in Grades of Goods Subject to Export License Administration.

Catalogue of Goods Subject to Export License Administration and License-Issuing Catalogue in Grades of Export License Administration are promulgated by Ministry of Commerce in announcement.

Article 4 Ministry of Commerce authorizes Bureau of Quota License （hereinafter referred to as "License Bureau"） to execute uniform administration, guide all license-issuing organs to issuing export license. License Bureau is accountable to Ministry of Commerce.

Article 5 License Bureau, commissioner offices of Ministry of Commerce to local areas （hereinafter referred to as "local commissioner offices"） and commercial departments （bureau）, foreign economic and trade commission （departments, bureau） of all provinces, autonomous regions, municipalities under the Central Government, cities specifically designated in the state plan and other provincial capital cities authorized by Ministry of Commerce （hereinafter referred to as " all local license-issuing organs"） are export license-issuing organs. They are responsible for license issuing within the scope of authority under uniform administration of License Bureau.

Article 6 Export license referred to in these measures includes export quota license and export license. Foreign trade managers （hereinafter referred to as "managers"） should apply for export license to appointed license-issuing organ before exporting the goods subject to the administration of export quota license and export license. The customs accepts and grants the declaration by export license.

Article 7 It is not allowed to buy, sell, transfer, alter and forge export license.

Chapter II The Materials that Should Be Submitted For Applying for Export License

Article 8 Managers should fill in an application form for export license （reserved copy） carefully according to the facts and affix seal on it when applying for export license. If they apply for it through internet, they should fill in electronic application form on the line carefully according to the facts and transmit it to related license-issuing organ.

Article 9 Managers should submit the quota of related exported goods or other related approval documents to license-issuing organs when applying for export license.

Article 10 Managers should submit Record Registration Form of Foreign Trade Managers affixed a special seal for record registration of foreign trade managers or Credentials of Import and Export Enterprises or approval certificate of foreign invested enterprises （copy） when applying for export license.

Chapter III Basis of Issuing Export License

Article 11 All license-issuing organs should issue export license in accordance with the scope of Catalogue of Goods Subject to Export License Administration and License-Issuing Catalogue in Grades of Export License Administration formulated by Ministry of Commerce, and following provisions:

1. Export license for goods subject to quota license administration is issued by the documents of distributing quota of foreign economic and trade commission （departments, bureau） of all provinces, autonomous regions, municipalities under the Central Government, cities specifically designated in the state plan and other provincial capital cities authorized by Ministry of Commerce （hereinafter referred to as " all local license-issuing organs"） and managers' export contract （copy of reserved copy）.
2. Export license for goods subject to quota bidding is issued by name list of managers and quantity of winning the bid published by Ministry of Commerce, Certificate of Applying for Export License of Goods Subject to Quota Bidding or Certificate of Transferring and Assigning the Goods Subject to Quota Bidding and export contracts of managers winning the bid （copy of reserved copy）.
3. Export license for chemical products that it are easy to produce poison is issued by Comments Paper of Ministry of Commerce on Export of Chemical Products That are Easy to Produce Poison.
4. Export license for computer is issued by Examination Form for Export of Computer Technology and managers' export contract （copy of reserved copy）.
5. Export license for supervised and controlled chemical products is issued by approval document of leading group office of national implementation of the treaty of forbidding chemical weapons and managers' export contract （copy of reserved copy）.
6. Export license for ozone layer depleting substance is issued by approval document distributed by the office of managing import and export of ozone layer depleting substance and managers' export contract （copy of reserved copy）.
7. Export license for other goods subject to export license administration is issued by approval documents of Ministry of Commerce and managers' export contract （copy of reserved copy）.

Article 12 Export license for the goods subject to export license administration under item of processing trade is issued by Approval Certificate of Processing Business distributed by approval organ of processing trade authorized by Ministry of Commerce, approval export documents stipulated in Article 11 of these measures （the export license for the goods subject to export quota management without the use of the quantity of quota is issued by approval document of Ministry of Commerce）, declaration sheet for import of processing trade of the customs and managers' export contract （copy of reserved copy）.

Export License for supervised chemical products, chemical products that is easy to produce poison, ozone layer depleting substance and other goods subject to the administration of international treaty in the form of processing trade is issued in accordance with Article 11 of the said measures.

Article 13 Foreign invested enterprises export the goods subject to export license administration produced by themselves （including re-export processing） should be handled in accordance with following provisions:

1. To the approved export of foreign invested enterprises, license-issuing organs issue export license by export quota distributed for foreign invested enterprise by Ministry of Commerce. If the goods are subject to export quota bidding, related approval documents stipulated in Article 11 should be enclosed.
2. To foreign invested enterprises approved before the readjustment of catalogue of goods subject to export license administration, if their exported products become goods subject to new export license administration, Ministry of Commerce may verify their export quota according to the approved business scope and scale of production and export. License-issuing organs issue export license by export quota for foreign invested enterprises distributed by Ministry of Commerce.
3. If the invested project of foreign invested enterprises relates to the export of the goods subject to export license administration, it should be approved in accordance with approval procedures after the permission of Ministry of Commerce during the period that the project is put under plan. Ministry of Commerce will not distribute export quota for the projects without above permission and license-issuing organs will not issue export license.

Article 14 If the enterprises of exclusive ownership, joint venture and cooperation established abroad and in Hong Kong and Macau by Chinese enterprises need domestic supply of the goods subject to export license administration, license-issuing organs issue export license by approval documents of Ministry of Commerce and approval certificate of Ministry of Commerce for the enterprises abroad and approval certificate of Ministry of Commerce for enterprises engaged in bring materials to process and assemble abroad in accordance with Article 11 of the said measures.

Article 15 If the equipment （include complete set of equipment）, materials, construction equipments and personal self-used consumer goods exported by the enterprises having business qualification of foreign economic and technology cooperation with the permission of Ministry of Commerce for the purposes of implementing the contracts of contract projects, labor service cooperation and design consultation belong to the goods subject to export license administration, export license is issued in accordance with Article 11 of the said measures.

Article 16 If complete set of equipments exported for the project abroad for selfuse belong to the goods subject to export license administration, export license is issued in accordance with Article 11 of the said measures.

Article 17 If the goods for repaying foreign loan or under the item of compensation trade belong to the goods subject to export license administration, license-issuing organs issue export license by export quota distributed by Ministry of Commerce for repaying foreign loan and compensation trade in accordance with Catalogue of Goods Subject to Export License Administration and License-Issuing Catalogue in Grades of Export License Administration. If legal persons, other organizations or individuals who have not registered for the record are engaged in the business of repaying foreign loan or compensation trade, they should entrust managers with the export and export license should be applied for by the manager.

Article 18 Managers should make applications according to the facts in accordance with the said measures, must not practice fraud when they apply for export license. They are forbidden to obtain export license by cheating with false documents and contracts.

Chapter IV Issuing of Export License

Article 19 ALL license-issuing organs should issue export license for related goods strictly in accordance with annual Catalogue of Goods Subject to Export License Administration and License-Issuing Catalogue in Grades of Export License Administration within 3 working days as of the receipt of the applications that meet the requirements. They must not issue license against the regulations. If managers export the goods in Catalogue of Goods Subject to Export License Administration, they should apply for export license in license-issuing organs appointed in License-Issuing Catalogue in Grades of Export License Administration.

Article 20 License Bureau, all commissioner offices and local license-issuing organs should issue export license strictly in accordance with License-Issuing Catalogue in Grades of Export License Administration. Applying for export license through inter-net should be handled in accordance with related procedures and regulations.

1. License-issuing range of License Bureau
1. Issue export license under the authorization of License-Issuing Catalogue in Grades of Export License Administration in accordance with License-Issuing Catalogue in Grades of Export License Administration.
2. Export license for the enterprises under the Central Government in Beijing.
2. The range of issuing license of all commissioner offices
1. Issue export license for managers in associated areas, enterprises under Central Government in associated areas and the sub-companies of the enterprises under Central Government in Beijing whose quota is managed by locals in accordance with License-issuing Catalogue in Grades of Export License Administration stipulated by Ministry of Commerce;
2. Issue export license for quota bidding goods for managers in associated areas in accordance with License-Issuing Catalogue in Grades of Export License Administration stipulated by Ministry of Commerce;
3. Issue export license for other goods stipulated by Ministry of Commerce.
3. License-issuing range of all local license-issuing organs:
1. Issue export license for local managers in accordance with License-Issuing Catalogue in Grades of Export License Administration stipulated by Ministry of Commerce;
2. Issue export license for other goods stipulated by Ministry of Commerce.
4. The goods that the license is issued by assigned license-issuing organs

If the goods belong to the goods that the license is issued by license-issuing organs assigned in License-Issuing Catalogue in Grades of Export License Administration, all managers apply for export license in the assigned license-issuing organs.

Article 21 All license-issuing organs must not issue export license without quota, beyond quota, beyond their powers or beyond the range of license-issuing. The staffs of license-issuing organs must not be derelict in their duty, practice favoritism and engage in irregularities or abuse their power. They must not make use of the convenience of their duty to ask for the property of others, or accept the property of others illegally for the purposes of seeking interests for others.

Article 22 Export license is administered in the forms of "one license one customs". "one lot one license" and "non one lot one license". "One license one customs" means export license can only be declared at one customs. "One lot one license" means export license can only be declared at customs once within term of validity.

Following cases are implemented in the form of "non one lot one license". "Non one lot one license" should be indicated in remarks column when export license is issued.

1. The goods subject to export license administration exported by foreign invested enterprises;
2. The goods subject to export license administration exported under the item of compensation trade;
3. Other goods that are administered in the form of "non one lot one license" subject to export license administration stipulated in Catalogue of Goods Subject to Export License Administration.

"Non one lot one license" means export license may be declared at customs for many times within term of validity, but no more than 12 times. The customs makes comments on the times of the export in comments column of customs declaration.

Chapter V Settlement of exceptional cases

Article 23 Overfilled goods should be large, bulk goods. Overfilled quantity is handled in accordance with international trade practice. That is overfilled quantity of large, bulk goods declared at the customs for export must not exceed 5 per cent of the export quantity listed in export license. If large, bulk goods are not belong to the administration of "one lot one license", the quantity is cut according to actual quantity of export when every lot of good is exported. When the last lot of goods is exported, the overfilled quantity is calculated in accordance with actual left quantity and 5 per cent of stipulated upper limit of overfilling.

License-issuing organs should issue export license for such goods strictly in accordance with export quota and the quantity verified by approval documents, and cut quota quantity according to actually issued quantity in the license instead of adding overfilled quantity approved by international trade practice on the basis of export quota or the quantity verified in the approval document.

Article 24 The goods subject to export license administration under the project assisting to foreign countries are excused from export license. The provisions of declaration certificate will be formulated and promulgated later by Ministry of Commerce, General Administration of Customs and General Administration of Quality Supervision, Inspection and Quarantine.

Article 25 The provisions for export of the items on display, exhibits for sale and small items for sale for the purposes of attending or holding exhibition in foreign countries:

1. Non-sale exhibits subject to export license administration brought to the exhibition abroad are excused from export license. The customs grants clearance by the documents of approval department of economic trade exhibition abroad and declaration form of exported goods. The units taking part in the exhibition should transport non-sale goods back to the country in full within 6 months after the exhibition. The customs cancels them after verification. If the case is special, it may extend with the approval of the customs.
2. If the items on display for sale and small items for sale brought abroad for taking part in or holding exhibitions are goods subject to export license administration, the units attending the exhibition apply for export license to license-issuing organs assigned in Catalogue of License-Issuing in Grades by approval documents of approval department of economic trade exhibition abroad and the certificate of attending the exhibition provided by the organizer of economic trade exhibition abroad. Export quota is not occupied.
3. Supervised and controlled chemical products, chemical products that are easy to produce poison, ozone layer depleting substance and other goods subject to international treaty administration are handled according to normal export. It does not apply to the provisions of Item 1 and 2 of the said Article.

Article 26 The provisions for the sample goods subject to export license administration provided for foreign countries as exported sample goods and for the purposes of cultural exchange or technique exchange:

1. If the sample goods or samples for the use of experiment transported abroad by managers are subject to export license administration, and the value of every lot of the goods is less than 30 thousand yuan RMB （including 30 thousand yuan）, they are excused from export license. The customs examines and grants clearance by declaration form of exported samples filled by managers. If the value is more than 30 thousand yuan, it is regarded as normal export. Managers should apply for export license in accordance with regulations. The word "Sample" should be indicated in remarks column of export license.
2. If the sample of supervised and controlled chemical products, chemical products easy to produce poison, ozone layer depleting substance and other goods subject to international treaty administration are provided to foreign countries, it should be handled according to normal export. It does not apply to Item 1 of the said Article.

Article 27 If the contribution provided by Chinese government to foreign countries in accordance with an agreement between the governments of two countries or temporary decision, or the goods presented by Chinese government or organizations to the government or organizations of other countries in light of friendship relationship are the goods subject to export license administration, export license is issued by related agreements or decision. Export quota is not occupied.

If other contributions relate to export license administration, export license is issued in accordance with Article 11 of the said measures.

Chapter VI Term of Validity of Export License

Article 28 Time of validity of export quota is before December 31 of current year （including December 31） except those that have other stipulations. Managers should apply for export license to license-issuing organs within term of validity of the quota.

Article 29 All license-issuing organs may issue export license for next annual year in accordance with export quota distributed by Ministry of Commerce or all local competent commercial administration as of December 16 of current year.

Article 30 Term of validity of export license must not exceed 6 months. If it needs to be used beyond the year, the expiration date of export license must not exceed the end of next February.

If the goods exported in the form of processing trade are subject to quota license administration, the term of validity of export license is issued in accordance with the export expiration in Approval Certificate of Processing Trade Business. It is not allowed to exceed the end of next February. If the export expiration verified in Approval Certificate of Processing Trade Business exceeds the end of next February, managers should make an extension application to original license-issuing organs before the end of February. License-issuing organs recall the original license and issue a new one in accordance with export expiration verified in Approval Certificate of Processing Trade Business after canceling the original license in license-issuing system and cutting the quantity that has been used and identifying clearly the extension and the number of the original license in remarks column.

Ministry of Commerce may revise the term of validity of export license for some goods and the application time in light of concrete conditions.

Export license should be used within the term of validity. If it is not used within the time limit, the customs will not grant clearance.

Article 31 If export license is not used within term of validity for reasons, managers should make an extension application to license-issuing organs in term of validity. License issuing organs recall the original license and issue a new one after canceling the old one in computer management system of export license, and indicating clearly the extension and the number of the original license in remarks column.

If export license is not used up in term of validity for reasons, managers should make an extension application to original license-issuing organs for the parts that have not been used. License-issuing organs issue a new license after recalling the original one and canceling it in license-issuing system, and cutting the quantity that has been used and identifying clearly the extension and the number of the original one in remarks column.

The extension for export license obtained with the export quota of current year is not allowed to exceed the end of next February of the expiration of export quota of current year. If the expiration of export quota is to the end of next February, it is not allowed to extend.

Whoever does not make an extension application within the term of validity, export license loses its efficacy automatically. License-issuing organs will not handle extension formalities for him. It is regarded that export license holder gives up the quantity of goods in the license.

Article 32 Export license could not be altered without authorization once it is issued. If it needs to be altered, managers should hand back export license within term of validity to original license-issuing organs and apply for a new license.

Article 33 If the obtained export license is lost, the managers should report in writing at once the loss of it to the customs of export port and related license-issuing organs identified in the license, and publish "loss declaration" in nationwide economic newspapers and magazines. License-issuing organs may cancel the license and issue a new one by the loss declaration after verification that the license has not been cleared at the customs

Article 34 If the customs, the administrations of industrial and commercial, public security, inspection discipline need to check or investigate export license, they should provide related certificates, and license-issuing organs should accept the check.

Article 35 When the goods subject to export license administration are readjusted their license-issuing organs, original license-issuing organs must not issue export license for the goods as of the readjustment day and report the obtaining conditions of the managers before the readjustment to license-issuing organs after the readjustment. The license obtained by managers before the readjustment is still effective in term of validity. The license that has not been used or has not been used up may be handled extension formalities in the license-issuing organs after the readjustment in accordance with regulations.

Chapter VII Examination and Punishment

Article 36 Ministry of Commerce authorizes License Bureau to make examination to all license-issuing organs regularly, examining the implementation of the said measures. Focal point of the examination is whether there are problems of issuing license beyond quota, without quota or beyond their power or exceeding one's powers and level to issue license and other problems contrary to the said regulations. The examination will be carried out in the form of self-examination by license-issuing organs regularly or irregularly and compared with the selective examination by License Bureau.

License Bureau should report the examination result to Ministry of Commerce.

Article 37 All license-issuing organs should transfer the data of license issuing in time in accordance with the regulations of license network examination of Ministry of Commerce for the purposes of assuring the managers to declare at the customs and be examined by the customs smoothly. They should verify carefully the feedback data of the customs, check in time the usage of license and find out existent problems. License Bureau should report the verified feedback examination data of the customs to Ministry of Commerce regularly.

Article 38 License-issuing organs that act contrary to Article 21 of the said measures to issue license beyond quota, without quota and beyond one's powers and level will be punished by giving a warning, suspending or canceling the right of issuing license according to the circumstances.

Article 29 The managers who fake, alter, buy or sell export license will be ascertained criminal responsibility in accordance with the regulations of criminal law about faking, altering, buying, selling national documents, certificates and seals. Whoever does not need to be given criminal punishment is punished in accordance with related laws and regulations of the customs.

If any one obtains export License by other illegal ways, his export license will be collected by Ministry of Commerce in accordance with laws.

Ministry of Commerce may prohibit illegal persons to be engaged in foreign trade business between the term of more than one year or less than three years as of the effective date of administrative punishment stipulated in above 2 items or the effective date of criminal punishment. During the period, the customs will not handle declaration formalities for related exported goods of the managers. Foreign exchange administration or the assigned foreign exchange bank will not handle the formalities of foreign exchange settlement or sale.

Article 40 The license is issued beyond quota, without quota and beyond powers and levels is invalid. The export license referred to in Article 37 and 38 will be cancelled by Ministry of Commerce as soon as it is verified to be true. To the problems relating to above license found by the customs during actual supervision or case settlement, license-issuing organs should give a clear reply.

Article 41 If the units attending the exhibition abroad act contrary to Article 25, Item 1 and do not transport back non-sale exhibits subject to export license administration in full and verified and cancelled by the customs, the customs will inform Ministry of Commerce. Ministry of Commerce and the approval department of economic trade exhibition abroad will give the organizer of the exhibition and the units attending the exhibition an alarm, suspend to approve their exhibition project abroad at least one to two years.

Article 42 If the staffs of license-issuing organs act against Article 21 of the said measures and commit a crime, they will be ascertained criminal responsibility in accordance with Criminal Law of the People's Republic of China. If the staffs of license-issuing organs act against the said measures but do not commit a crime, they should be transferred from their posts and given administrative disciplinary measures in accordance with Article 32 and 33 of Temporary Regulations of State Public Servant.

Chapter VIII Supplementary Articles

Article 43 If the goods of other areas in the territory of China enter into bonded warehouse, bonded regions and export processing areas, it will be handled in accordance with related regulations. If the goods in supervised warehouse, bonded areas and export processing areas are exported to foreign countries, it is carried out in accordance with current regulations.

Article 44 The management of export license under the item of frontier trade is implemented in accordance with related current regulations.

Article 45 The goods subject to Export License of Sensitive Goods and Technique do not apply to the said measures.

Article 46 The interpretation of the said measures shall be vested in Ministry of Commerce.

Article 47 The said measures come into effect as of January 1, 2005. Administration Rules of Export License （MOFTEC Decree No. 9, 2001） distributed by former Ministry of Foreign Trade and Economic Cooperation are abolished at the same time.

注意事项：

在本英文翻译版本同汉语原版本出现任何不符时，以汉语版本为准。

Important Notice:

In case of this English version has any discrepancy with the original version in Chinese, the Chinese version shall prevail.