Deacons
  November 29, 2004 - Hong Kong

China: Registration of Foreign Trade Operators

The Ministry of Commerce (“MOFCOM”) issued the Measures for Registration for the Record of Foreign Trade Operators on 25 June 2004. The Measures, which entered into effect on 1 July 2004, are based on the revised Foreign Trade Law and specify registration rules applicable to operators of commodity or technology import-export business (“foreign trade operators”). Registration Under the Measures, foreign trade operators need to carry out registration for the record with MOFCOM or the local commerce administrations authorised by it (“local registration authority”). However, operators which have obtained the qualification to operate commodity or technology import-export business prior to the effectiveness of the Measures are exempt from the registration requirement unless they wish to operate outside of the already approved scope of operation. Procedure A foreign trade operator should normally register with the local registration authority. It needs to submit a completed registration form together with the following documents: • a copy of its business licence; • a copy of its organisation code certificate; • a copy of its Certificate of Approval (in case of a foreign investment enterprise); • a copy of a credit certificate issued by a lawful notary organisation (in case of a foreign company registered with the administration for industry and commerce). The local registration authority must complete the registration and return the stamped registration form within five days. The operator then has thirty (30) days to complete the relevant formalities with the local customs, inspection and quarantine, foreign exchange, tax, etc. authorities. Other provisions The Measures also contain provisions on changes in, and cancellation of, the registrations of foreign trade operators.