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Announce the adjustment of administrative approval intermediary services

2019-05-23
In accordance with the overall deployment of the administrative examination and approval reform of the State Council, in accordance with the "Decision of the State Council on the second batch of 192 regulations for the administrative examination and approval of the State Council departments" (Guo Fa [2016] No. 11), "Regulations on the Administration of Import and Export of Goods of the People's Republic of China", "Commercial Password Management Regulations" and related regulations, administrative approval projects for the approval of licenses for import and export goods, the approval of quotas for import and export goods, the automatic import license for goods, the import and export approval of key sensitive commodity processing trades, and the approval of domestic sales. The intermediary service items are adjusted. The relevant matters are announced as follows:

1. Application, use and management of electronic certification certificate and electronic key for import and export administrative license

(1) The electronic certificate of import and export administrative license (hereinafter referred to as the electronic certificate) refers to the data message used to verify the identity of the applicant, realize electronic signature and guarantee secure communication when handling the administrative licensing of goods on the Internet. Electronic certification for import and export licenses.

(2) The electronic key for the import and export administrative license (hereinafter referred to as the electronic key) refers to the flash memory (English name is Flash Memory) as the storage medium, using the universal serial bus (USB) interface, which is dedicated to the storage of electronic authentication certificates. Mobile storage devices, including electronic keys such as import and export licenses. After the electronic certificate is written to the electronic key, it is not allowed to be exported and copied.

(3) The applicant applies for the administrative license for import and export of goods through online application. It is required to obtain an electronic certificate and an electronic key first, and then use the electronic key to log in to the relevant system to apply.

(4) The competent departments of the provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans and the Xinjiang Production and Construction Corps (hereinafter referred to as provincial-level commerce authorities) are responsible for receiving applications from applicants in the region for electronic certificates and electronic keys. The enterprises under the State-owned Assets Supervision and Administration Commission of the State Council in Beijing apply for electronic certificates and electronic keys to the Beijing Municipal Bureau of Commerce.

(5) The applicant may apply for the electronic certificate and electronic key to the local provincial competent commercial authority by mail or on-site submission. The application materials to be submitted include: “Electronic Certificate and Electronic Key Application Form for Import and Export Administrative License of Goods” (hereinafter referred to as “Application Form”); Business License of Enterprise Legal Person with Uniform Social Credit Code (copy); Registration of Foreign Trade Operators Form (copy) or foreign-invested enterprise approval certificate (copy) or foreign-invested enterprise establishment and change record receipt (copy).

(6) The method of pre-application can be implemented by electronic certificate and electronic key collection. The applicant submits the application form to the local provincial competent commercial authority through the online application method. After receiving the application, the provincial-level commerce authority at the place where the applicant is located shall treat the applicant as an application and handle it.

(7) If the electronic key is damaged or lost and the electronic certificate is within the validity period, it may apply to the local provincial competent commercial authority for re-issuance. To apply for a reissue, you only need to submit an application form and return the electronic key you have received (except for those that have been lost).

(8) If the applicant's name, unified social credit code, import and export enterprise code change or electronic certification certificate is invalid, the applicant shall re-apply to the local provincial competent commercial authority by post or on-site submission or pre-application. Electronic certificate and electronic key, and return the received electronic key. Re-apply for the application materials to be submitted as in the fifth item above.

(9) Applicants generally only apply for one electronic certificate and one electronic key. For special reasons, they can apply for up to 3 electronic certificates and 3 electronic keys. When it comes to goods that are subject to import and export business qualification management, electronic certificates and electronic keys can only be claimed by qualified applicants.

(10) Applicants applying for electronic certification certificates and electronic keys must submit the application materials truthfully and accurately, and be responsible for the authenticity of the substance of the application materials.

(11) After receiving the application from the applicant, the provincial competent commercial authority shall conduct an audit. If the content is correct and the form is complete, the application should be stamped with the special seal and the application form should be forwarded to the electronic certification service by fax or email. If the content is incorrect or the form is incomplete, the applicant should be notified in time. After completing the materials, the application form will be stamped with the special auditing certificate and sent to the electronic certification service agency by fax or email.

(12) Within 5 days from the date of receipt of the application form approved by the provincial competent commercial authority, the electronic certification service agency shall produce, issue and issue an electronic certificate and write the electronic key, and then deliver the electronic key to the designated courier service. The provider is sent to the relevant provincial commerce authority. The designated courier service provider shall deliver the electronic key to the relevant provincial commerce authority on time according to the contract.

(13) After receiving the electronic key delivered by the designated courier service provider, the provincial competent commercial authority shall notify the applicant by telephone or e-mail within 3 days. Applicants are required to sign and receive electronic keys on site. If the electronic key cannot be collected on-site for special reasons, the electronic key may be delivered to the applicant by the designated courier service provider, subject to the approval of the local provincial competent commercial authority. When the applicant's handling personnel sign, they must prove their identity to the courier service provider staff.

(14) If the application is submitted by post or on-site, the applicant's handling personnel shall provide the applicant's power of attorney and prove their identity when receiving the electronic key. If the application is submitted by pre-application, the applicant's handling personnel shall, in addition to the applicant's power of attorney and proof of identity, be required to submit the application form and the business license of the enterprise legal person with the unified social credit code (copy) And the foreign trade operator registration registration form (copy) or the foreign-invested enterprise approval certificate (copy) or the foreign-invested enterprise establishment and change record receipt (copy); the provincial-level commerce authority where the applicant is located collects the application materials and After the audit, the electronic key is issued to the applicant. If the application is submitted in advance by pre-application, but the electronic key cannot be collected on-site for any reason, the applicant shall submit the above-mentioned application materials to the local competent commerce department by post or other means; the provincial-level commerce department of the applicant's location shall collect the application materials and check the application materials. After the nuclear, the electronic key is delivered to the designated courier service provider to the applicant.

(15) In order to maintain password security, the validity period of the electronic certificate is tentatively set for one year. The date on which the electronic certificate issued in accordance with the regulations is written into the electronic key is the start date, and one year (calculated by 365 days) is the end date.

(16) If the electronic certificate needs to continue to use the electronic key at the expiration of the validity period of the electronic certificate, the electronic certificate shall be updated online in accordance with the method specified by the electronic certification service agency 60 days before the expiration of the validity period of the electronic certificate. The updated electronic certificate is valid for one year, and the start and end dates of the validity period remain unchanged. The electronic certificate that has not been updated on schedule expires and the electronic key is stopped.

(17) The electronic certification service institution shall continue to prompt the certificate holder to update the electronic certificate before the expiration of the validity period of the electronic certificate.

(18) Applicants do not pay fees for electronic certification certificates and electronic key matters.

(19) The Quota License Bureau of the Ministry of Commerce is responsible for the supervision, inspection and management of electronic certification and electronic key application, issuance, production and issuance, and is responsible for the budget application for electronic certificates and electronic key costs and related expenses. Expenditure use, responsible for selecting qualified electronic certification service agencies and courier service providers according to regulations.

(20) The electronic certification certificate shall be produced and issued by the qualified electronic certification service organization. The following contents shall be accurately stated: the name of the electronic certification service organization that issued the certificate; the name of the certificate holder; the serial number of the certificate; the validity period of the certificate; Electronic signature verification data; electronic signature of electronic certification services; and other provisions of laws, regulations and rules.

(21) Electronic certification service agencies shall, in accordance with relevant regulations, standards and technical specifications, adopt corresponding security measures, produce and issue electronic certification certificates and maintain electronic certificates issued, and shall not transfer to other units for production, issuance and maintenance.

(22) The electronic certification service organization shall meet the following conditions: it has independent corporate legal person qualification; it has the professional technology, safety management and after-sales service personnel that are compatible with the provided electronic certification service; it has the relevant national safety standards. Technology and equipment; has obtained the certification document that the national password management agency agrees to use the password; other conditions as stipulated by laws and regulations.

(23) The electronic certificate is a digital certificate of the identity of the applicant. It should be obtained and used by the importing unit or the exporting unit. When it comes to the goods subject to the import and export business qualification management, it can only be collected and used by qualified units. .

(24) The Ministry of Commerce, provincial-level commerce authorities, electronic certification service agencies, and express service providers shall keep confidential the information of applicants who are informed of the production, issuance of electronic certificates, and the issuance and delivery of electronic keys.

(25) No unit or individual may forge or falsify an electronic certificate or attack related passwords, and may not use electronic certificates to endanger national security and conduct other criminal activities.

2. Bidding for industrial products and agricultural products export quotas

(1) The industrial products that belong to the export quota management and allocate quotas by means of bidding are licorice and licorice products, and the agricultural products are valerian and alfalfa products. Applicants applying for the above-mentioned commodity export quotas shall submit the application and participate in the quota bidding and bidding organized by the Ministry of Commerce in accordance with the prescribed conditions.

(2) After receiving the application from the eligible applicant, the Ministry of Commerce entrusts the relevant institution to conduct bidding for the export quota of industrial products and agricultural products.

(3) After the bidding for industrial products and agricultural products export quotas, the Ministry of Commerce shall issue the quota bidding documents to the applicant according to the results of the bidding. The applicant shall apply for an export license on the basis of the quota bidding certification document.

Third, other matters

(1) Since September 1, 2016, the approval of processing trade business has been canceled nationwide (for details, please refer to the No. 45 of the General Administration of Customs of the Ministry of Commerce, 2016), the electronic certificate and electronic of the processing trade electronic network approval management system. The key is no longer used.

(2) Since September 1, 2016, the electronic certificate and electronic key of the bulk agricultural product import reporting system have been cancelled, and the application for importing units to fulfill the import reporting obligation no longer requires the use of electronic certificates and electronic keys.

(3) The term "applicant" as used in this announcement refers to a unit that applies for import or applies for export according to law.

(4) The time limit specified in this announcement shall be calculated on the working day and shall not include statutory holidays.

This announcement will be implemented as of January 1, 2017.