Order of Ministry of Foreign Trade and Economic Cooperation on the Release of the Measures for the Invitation of Bid for Export Commodity Quotas
Order of Ministry of Foreign Trade and Economic Cooperation on the Release of the Measures for the Invitation of Bid for Export Commodity Quotas
Order of Ministry of Foreign Trade and Economic Cooperation on the Release of the Measures for the Invitation of Bid for Export Commodity Quotas
Order of Ministry of Foreign Trade and Economic Cooperation [2001] No.11
October 20, 2001
The Measures for the Invitation of Bid for Export Commodity Quotas which is enacted according to the Foreign Trade Law of the People's Republic of China and the Regulation of the People's Republic of China on the Administration of the Import and Export of Goods has been passed at the ninth executive meeting of the ministers of the Ministry of Foreign Trade and Economic Cooperation of the year 2001 and is hereby promulgated for implementation as of January 1, 2002.
Minister of the Ministry of Foreign Trade and Economic Cooperation : Shi Guangsheng
Attached: Measures for the Invitation of Bid for Export Commodity Quotas
Chapter I General Provisions
Article 1 The present Measures have been formulated according to the Foreign Trade Law of the People's Republic of China and the Regulation of the People's Republic of China on the Administration of the Import and Export of Goods for the purpose of perfecting the administrative system of export commodity quotas, establishing a mechanism of fair competition, safeguarding the overall interests of the state and the lawful rights and interests of the export enterprises and maintaining the normal order of foreign trade activities.
Article 2 An invitation for bid may be carried out for the export of commodities subject to the administration of quotas. The export enterprises onerously obtains uses the export commodity quotas as determined by the state by independently submitting a bid for competition.
Article 3 The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as "MOFTEC") is in charge of the uniform administration of the invitation for bid for the export commodity quotas and is responsible for determining and publicizing the types of commodities as well as the total amount of commodities subject to the invitation for bids.
Article 4 The principles of "efficiency, impartiality, openness and fair competition" shall be followed in the invitation for bid for the quotas of export commodities.
Article 5 The present Measures shall be applicable to the commodities subject to the invitation for bid which are to be exported to the global markets in all kinds of trade methods, including the export by way of general trade, processing with imported materials, processing materials supplied by customers, barter trade, border trade, compensation trade, etc. and the commodities subject to the invitation for bid which result from the contracting of projects and labor services export, however, with the exception of those for which there are otherwise provisions by the State Council.
Article 6 The principles for determining the commodities subject to the invitation for bid are:
1.bulk resources commodities that are not renewable;
2.the commodities that occupy a leading position in the international market and the prices of which are not easily affected by the volume of export;
3.the commodities that are in oversupply, in relatively dispersed management and are liable to dumping at low prices and thus causing antidumping litigations of foreign countries.
4.the commodities that are subject to the administration of export quotas as prescribed in the multi-lateral and bilateral agreements as concluded between China and those countries that has set limits for the commodities.
Chapter II Administrative Organs for the Invitation for Bids
Article 7 The MOFTEC is responsible for the leadership and supervision of invitations for bids via the Committee for the Invitation for Bid for Export Commodity Quotas (hereinafter referred to as "CIBECQ") which is directly responsible to the MOFTEC. The CIBECQ consists of the leaders of the MOFTEC and the members from relevant departments and bureaus under the MOFTEC.
Article 8 The CIBECQ has the following functions and duties:
1.determining, according to the different circumstances, the times of invitations for bids for specific commodities, the quantity of quota for each invitation for bid, the way of invitation for bid and the proportion of each way of invitation for bid within the total invitations for bids;
2.examining the plans for the invitations for bids for the export commodity quotas, taking charge of the opening and appraisals of bids, and examining the result of bid-winning of the invitations for bid for quotas;
3.releasing all kinds of notices, public announcements and decisions, etc concerning the invitations for bids for quotas;
4.accepting the quotas submitted by the office of invitation for bids and the record-keeping of the transfer of quotas;
5.inspecting the collection of the caution money for winning bids and bid-winning money as well as the use of the quotas;
6.checking and ratifying the list of enterprises for tendering bids according to the qualifications for the tendering of bids.
The department in-charge under the MOFTEC shall be responsible for the routine work of the CIBECQ.
Article 9 The CIBECQ shall set up offices for the invitation for bid for export commodity quotas (hereinafter referred to as "OIB") within the relevant chambers of commerce for import and export according to the types of commodities subject to the invitation for bid.
The OIBs shall be responsible for the specific work of implementing the invitations for bids.
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