Circular of the MOFCOM on Relevant Issues in Further Delegating the Filing and Registration of Foreign Trade Operators

Shang Mao Han〔2009〕No. 5

Commercial departments of provinces, autonomous regions, municipalities directly under the Central Government, cities separately planning cities and Xinjiang Production and Construction Corp.:

According to the provisions including Measures for Filing and Registration of Foreign Trade Operators (MOFCOM Order [2004] No. 14, hereinafter referred to as the “Measures”), the Circular of MOFCOM on the Relevant Issues Concerning Increase of the Authorities for the Filing and Registration of Foreign Trade Operators (internal plain telegram of July 2005) and the Circular of MOFCOM on the Relevant Issues Concerning the Filing and Registration of Foreign Trade Operators (Shang Mao Han [2007] No.122) and local applications, the Ministry of Commerce has authorized 228 filing and registration authorities (including 180 commercial departments at prefecture level in 16 provinces ) for filing and registration of foreign trade operators. By the end of 2008, filing and registration authorities had completed the filing and registration for 313377 foreign trade operators, and thus a great deal of new operators of foreign trade has been increased in China.

For the convenience of enterprises and for administrative departments of commerce at all levels to function most effectively, and promote the stable growth of import & export, the relevant issues concerning further delegating the filing and registration of foreign trade operators to commercial departments at prefecture level are notified as follows:

I. The commercial departments of provinces (autonomous regions, municipalities directly under the Central Government) which have not delegated the filing and registration of foreign trade operators to the prefecture and city level should further study and communicate the relevant documents, timely study the applications of the commercial departments at prefecture level, summarize and submit qualified ones to our department (Department of Foreign Trade), and then the Ministry of Commerce will review the applications promptly and notify the results thereof to the competent departments of commerce at prefecture level.

II. Related provisions on delegation

(I) Conditions

Article 4 of the Measures stipulates that “filing and registration authorities must have necessary conditions such as permanent office, full-time staff for management, entry, technical support and maintenance as well as the relevant facilities linking the network system of filing and registration of foreign trade operators of the Ministry of Commerce.

(II) Application documents

The local import and export trade data of the past three years (customs statistics); premises for handling filing and registration, full-time staff for management, input, technical support and maintenance as well as the relevant equipments linking the filing and registration network system of foreign trade operators of the Ministry of Commerce; contact details of the principals at all levels in charge of filing and registration. 

(III) Processing procedures

The commercial department at prefecture level shall firstly submit an application to the commercial department at provincial level, which would be submitted to the Ministry of Commerce upon approval and summary by the commercial department at provincial level; then the Ministry of Commerce will conduct site investigation and organize those qualified to attend the policy and business training of the filing and registration authorities, issue a written authorization in the form of a letter from the Ministry of Commerce, issue filing and registration seals made under the uniform supervision by the Ministry of Commerce, and then make public announcement on it. For those filing and registration authorities which have witnessed changes and thus become unqualified or which fail to handle filing and registration according to the provisions of the Measures, the Ministry of Commerce would revoke its authorization.

III. Those delegated commercial departments at prefecture level of provinces (autonomous regions, municipalities directly under the Central Government) should summarize on delegation carefully, and enhance follow-up track, supervision and guidance of the filing and registration of the relevant prefectures and cities; and the filing and registration authorities are required to take initiatives to organize trainings for those newly authorized foreign trade operators, and make them understand and command the essential knowledge of applicable laws and regulations, policies, operating norms and international practices of import & export business.

The Circular is hereby issued.

Ministry of Commerce

January 23, 2009