In 2011, the import application procedure for non-state-owned trading enterprises of refined oil (fuel oil)

[Release unit] Ministry of Commerce of the People's Republic of China [Published Document] Announcement No. 57 of 2010 [Published Date] 2010-09-17

According to the "Regulations of the People's Republic of China on the Import and Export of Goods" and China's accession to the World Trade Organization, it is announced that in 2011, the conditions for the import of non-state-owned oil products (fuel oil), the basis for distribution, and the application procedures will be announced. The deadline for submission of application materials is October 30, 2010.

Attachment: Application Permit, Distribution Basis, and Application Procedure for Import Permissible Quantity of Non-state Trading Enterprises of Refined Oil (Fuel Oil) in 2011

Ministry of Commerce of the People's Republic of China September 17, 2010

annex

In 2011, the conditions for the import of non-state trading enterprises of refined oil (fuel oil), the basis for distribution, and the application procedure

I. Conditions for applying for imports of non-state trading enterprises of refined oil (fuel oil)

(1) Obtaining qualifications for import and export operations or filing registration with foreign trade operators or obtaining approval certificates for foreign-invested enterprises, with an independent legal personality, with a registered capital of no less than 50 million yuan***, through a joint annual inspection of foreign-invested enterprises;

(2) Ownership or right to use the unloading facilities such as a refined oil import terminal or a dedicated railway line (only for border land transportation enterprises) with a minimum of 10,000 tons;

(3) ownership or use rights of a refined oil storage tank or oil depot with a storage capacity of not less than 50,000 cubic meters;

(4) The bank credit line is more than 20 million U.S. dollars;

(5) No violation of national laws and regulations;

(6) Production-oriented foreign-invested enterprises shall be handled in accordance with the current regulations;

(7) Other factors that need to be considered.

Second, the non-state trade import permit

In 2011, the allowed import volume of non-state-owned trade of refined oil (fuel oil) was 16.2 million tons.

Third, the basis for distribution

(1) the actual import performance of the customs for the previous year or two of the registered enterprise;

(2) The number, production, operation and sales of enterprises;

(3) the application of new importers;

(D) Other factors that need to be considered.

Fourth, submit materials and applications, review procedures

(a) submit materials.

1. Basic information of the applicant company: application letter of the company, including the basic information of the company, the description of the application conditions, the type and quantity of the application; a copy of the copy of the business license of the legal person (it must be stamped with the official seal of the applicant), stamped with the registration seal The “Registration Form for Foreign Trade Operators Registration Form” or “Qualification Certificate of the Import and Export Enterprises of the People's Republic of China”, the “Approval Certificate for Foreign-invested Enterprises” examined annually, the customs code of the applicant company, the enterprise code, and credit line materials.

2. Applicants are required to provide property ownership certificates with no less than 10,000 tons of docks or railway lines (only for border land transportation companies), etc.; use rights with owners of terminals or railway lines (only for border land transportation companies), etc. Copies of the agreement (newly-approved companies provide the original use rights agreement);

3. The applicant company shall provide proof of ownership documents of not less than 50,000 cubic meters of refined oil storage tanks or oil depots; a copy of the right-to-use agreement signed with the owner of the refined oil tank or oil depot (original of the new application company providing the right to use agreement) ;

4. In 2010, the completion of enterprises that have been allowed to import refined oil (fuel oil) will be subject to customs statistics; enterprises that have completed the import of refined oil (fuel oil) through the agency must provide agency import agreements, import contracts, and * Copies or payment proof of funds or copies of service invoices or import value-added tax invoices;

5. Comply with the state's relevant laws and regulations (customs, taxation) written review or certification materials or joint ventures of foreign-invested enterprises.

6. Production-oriented foreign-invested enterprises do not need to provide Section 2-4 application materials.

(b) Application and review procedures.

1, application procedures

The local commerce department is responsible for receiving application materials from the local company. The Ministry of Commerce (Foreign Trade Department) is responsible for accepting applications submitted by local commerce authorities and entrusting the China Minmetals Chemicals Import & Export Chamber of Commerce (hereinafter referred to as the “Commerce”) to undertake part of the audit work.

Applicants in various places shall submit application materials to the local commerce authorities according to the requirements of this announcement. After the preliminary review by the local commerce authority, a list of eligible companies and relevant materials shall be submitted to the Ministry of Commerce (Foreign Affairs Department) and be submitted to the same at the same time by October 30, 2010. Copy the Chamber of Commerce.

Local commerce authorities are responsible for verifying that local companies provide compliance with relevant national laws and regulations (customs, taxation), written examinations or certification materials, or joint inspections by foreign-invested enterprises.

The central management company shall submit the application and related materials directly to the Ministry of Commerce (Foreign Trade Department) and copy it to the Chamber of Commerce immediately before October 30, 2010, and provide written verification or certification materials in compliance with relevant state laws and regulations (customs, taxation).

The domestic and foreign-funded enterprises that have registered or newly established approvals for foreign trade operators in the current year do not need to provide auditing or certification materials or joint annual inspection qualified materials that comply with relevant state laws and regulations.

2, the audit process

The chamber of commerce is responsible for reviewing the authenticity of the company's application materials and submitting the list of qualified companies after the audit to the Ministry of Commerce (Foreign Affairs Department). The above list of companies will be publicized on the website of the Ministry of Commerce and the Chamber of Commerce from November 15th and submitted for public comment. The publicity period is 5 days. The Chamber of Commerce summarizes and collates the views of all parties during the public notice period and reports to the Ministry of Commerce (Foreign Affairs Department) before November 20, 2010.

The Ministry of Commerce (Foreign Trade Department), in accordance with the review of the chamber of commerce and the opinions of various parties, examines and approves the enterprises that apply for non-state trading import of refined oil (fuel oil) according to the provisions of this announcement. Before the end of the month, the non-state-owned trade import allowable amount of the branch enterprises shall be uniformly issued. Enterprises that do not meet the conditions specified in the announcement will not be allowed to allocate import permits.

Those enterprises that meet the conditions for applying for non-state trading imports of refined oil (fuel oil) and obtain the import allowable amount in 2011 are also eligible for the registration of non-state trading enterprises engaged in refined oil (fuel oil). Production-oriented foreign-invested enterprises are subject to the current regulations.

V. Measures for the use, surrender, and adjustment of non-state-trade import permit

The enterprises that have obtained the allowed import volume of non-state trading products of refined oil (fuel oil) may import themselves, or they may entrust other enterprises with qualifications for the import of refined oil (fuel oil) to import the goods.

In 2011, enterprises that had been allowed to import non-state trading allowances for refined oil (fuel oil) were set up to use non-use allowances. That is, enterprises that cannot use import allowances should submit the allowable amount within the prescribed time limit. In the next year's distribution, it will be no less than the part of the import allowance that has been used, and will increase its allowable amount according to the status of the company. The Ministry of Commerce adjusts the import allowances that are handed in to the companies that are able to import them.

Enterprises that have been allowed to import for two consecutive years and are unable to carry out import business for two consecutive years will no longer be allowed to import non-state trading products of refined oil (fuel oil). Production-oriented foreign-invested enterprises are subject to the current regulations.

The enterprises that have been allowed to import imported products and have the ability to continue importing refined oil (fuel oil) shall apply to the Ministry of Commerce (Foreign Trade Department) through the local commerce authority, and the central management enterprise shall apply directly to the Ministry of Commerce (Foreign Trade Department). The Ministry of Commerce (Foreign Trade Department) will adjust the situation according to the allowable volume and the completion of the application for import permit. Specific declarations, adjustments, and issues will be announced separately.

VI. Supervision and Inspection

Non-state-operated trading enterprises of refined oil (fuel oil) should consciously abide by laws and regulations, and violate relevant laws and regulations. Once verified, they will be carried out in accordance with the relevant regulations of the "Regulations of the People's Republic of China for the Administration of Import and Export of Goods" and the "Measures for the Automatic Import License of Goods". Punishment.

If the relevant provisions on the management of non-state trading of refined oil (fuel oil) before this time are inconsistent with this announcement, this announcement shall prevail.