MOFCOM Announcement No.64 of 2012 on Releasing the Application Conditions, Application Procedures and Distributing Principles of Export Quota of Phosphate Ore in 2013 – BRICS Information Sharing & Exchanging Platform

Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No.64, 2012
Date of Issuance: October 11, 2012

In accordance with relevant provisions as specified in Foreign Trade Law of the People’s Republic of China, Regulation of the People’s Republic of China on the Administration of the Import and Export of Goods and Measures for the Administration of License for the Export of Goods, the Ministry of Commerce formulated the Application Conditions, Application Procedures and Distributing Principles of Export Quota of Phosphate Ore in 2013 which is now published for careful compliance.

Contact Person: Li Qian Department of Foreign Trade, the Ministry of Commerce
Address: Department of Foreign Trade, the Ministry of Commerce, No.2 Dong Chang’an Avenue, Beijing
Post code: 100731
Tel: 010-65197740
Fax: 010-65197447
E-mail: liqian76@mofcom.gov.cn

Attachment: Application Conditions, Application Procedures and Distributing Principles of Export Quota of Phosphate Ore in 2013

Ministry of Commerce of the People’s Republic of China
October 11, 2012

Attachment:

Application Conditions, Application Procedures and Distributing Principles of Export Quota of Phosphate Ore in 2013

I. Application Conditions of Export Quota of Phosphate Ore

Phosphate ore represents the commodity of all varieties listed under Tariff No.25101010, 25101090, 25102010 and 25102090 in the Customs Import and Export Tariff of the People’s Republic of China.

A. Production enterprise

a. which has gone through business registration procedures and filing registration procedures for foreign trade dealer (or has effective import and export operation qualifications) in accordance with relevant national regulations; and for foreign-investment enterprise, has the business scope comprising corresponding commodity export business with an independent legal entity;

b. from 2009 to 2011, whose export quantity of phosphate ore reached to 5,000 tons (including export supply quantity) for at least one year;

c. which has phosphate ore mining license (any enterprise engaging in the comprehensive recovery of mid- and low-grade phosphate ore, must have get main mineral variety mining license and related geological report or reserve report), safety production license and mine manager certificate or corresponding safety qualification certificate;

d. which has environmental protection treatment facilities fit with the scale of production, pollutant discharge reaching to relevant national or local standards in connection with pollutant discharge , and has the current pollutant discharge license and environmental monitoring report issued by the environmental authorities in the place where the enterprise is located at the level of municipality or above;

e. which complies with relevant national laws and regulations and relevant regulations of local government, participates in such social insurance as pension, unemployment, health, industrial injury and maternity etc. and pays in full and on time social insurance premiums in accordance with laws;

f. which has not undertaken any act violating relevant national laws and regulations.

B. Circulation enterprise

b. from 2009 to 2011, whose export quantity of phosphate ore reached to 5,000 tons for at least one year;

c. from January 1, 2009, which has to purchase phosphate ore from production enterprise consistent with the provisions as specified in article A-a, c, d, e and f herein;

d. which complies with relevant national laws and regulations and relevant regulations of local government, participates in such social insurance as pension, unemployment, health, industrial injury and maternity etc. and pays in full and on time social insurance premiums in accordance with laws;

e. which has not undertaken any act violating relevant national laws and regulations for recent three years.

II. Reporting and Review Procedures

Any enterprise in conformity with reporting requirements herein may file a petition to competent authorities of commerce of all Provinces, Autonomous Regions, Municipalities Directly under the Central Government and Municipalities Separately List on the State Plan (hereinafter referred to Local Competent Authorities of Commerce) in which the enterprise locate. After preliminary examination by the Local Competent Authorities of Commerce against local enterprises applying for export quota of phosphate ore in light of the above-mentioned reporting requirements of quota, Local Competent Authorities of Commerce shall, before October 31,2012, submit name list and application materials of local qualified enterprises with electronic edition of related materials of enterprises to Ministry of Commerce (Department of Foreign Trade of MOFCOM); concurrently, forward them to China Chamber of Commerce of Metals Minerals & Chemicals Importers & Exporters (hereinafter referred to as CCCMC) with paper and electronic edition of related materials of enterprises.

CCCMC and China Chemical Mining Association (CCMA) will reexamine the qualifications of enterprises commissioned by the Ministry of Commerce. Names of those selected enterprises will be posted on the website of CCCMC for seven days, during which if any doubt about the name list, please submit to the Department of Foreign Trade of MOFCOM an objection application and a written reply shall be delivered to dissenters by the Ministry of Commerce within 7 working days as of receipt of application. If there are no objections in the seven days period, CCCMC shall report its review opinions, the name lists of qualified enterprises and relevant materials to the Department of Foreign Trade of MOFCOM before December 1, 2012.

Based on review opinions of CCCMC, the Ministry of Commerce will put the qualified enterprises on record and publish the name list of qualified enterprises. Enterprises included in the name list may obtain export quota of Phosphate Ore in 2013.

III. Distributing Principles of Export Quota of Phosphate Ore

A. Taking into account the enterprises’ production and operation conditions, selection of mid- and low-grade phosphate ore, export and environment monitoring etc., the Ministry of Commerce will distribute export quotas to Local Competent Authorities of Commerce in which enterprises locate.

B. Following the principle of openness and fairness, each Local Competent Authority of Commerce shall develop a quota distributing plan based on local resource status, industrial layout and industry development strategy, combined with enterprises’ production and operation conditions, environmental protection, social responsibility and other factors, and then submit their plans to the Department of Foreign Trade of MOFCOM before December 25, 2012.

IV. Materials Submission by Application Enterprise

A. Enterprise which is eligible to apply for export quota of phosphate ore shall submit the following materials:

1. A copy of corporate business license, Registration Form of Foreign Trade Operator Report or Import and Export Enterprise Qualification Certificate of the People’s Republic of China or Certificate of Approval for Foreign investment Enterprises with registration seal, HS Code and enterprise code of the application enterprises.

2. Relevant certificates issued by above prefecture-level (prefecture-level included) human resources and social security departments, proving that the enterprise has effected such social insurance as pension, unemployment, health, industrial injury, maternity and etc. and has paid all social insurance premiums on time.

3. An Official letter signed by the corporate representative with common seal of the application enterprise, undertaking that all materials submitted are true and valid.

B. Production enterprise shall also provide:

1. Certificates and receipts on export (inclusive of export supply) from 2009 to 2011; for export by acquired by export enterprises, copies of VAT invoices issued by the State Administration of Taxation with common seal, copies of declaration for export and copies of export verification sheet shall be provided; for export agented by export enterprises, original of export invoices, copies of declaration for export, copies of export verification sheet and copies of certificate of export commodity by agency shall be needed. Those obtained export quotas of phosphate ore in 2012 only submit the above materials of 2011.

2. Copies of phosphate ore mining license; for enterprises engaging in the comprehensive recovery of mid- and low-grade phosphate ore, copies of main mineral variety mining license and relevant geological report or reserve reports shall be needed.

3. Copies of safety production license.

4. Copies of mine manager license and relevant safety qualification certificates.

5. Pollutant discharging license and environment monitoring report issued by above prefecture-level (prefecture-level included) environmental protection departments for the year.
C. Circulation enterprises shall also provide certificates or receipts on export from 2009 to 2011, including copies of purchase and sale contract on procurement of phosphate ore with qualified production enterprises, copies of VAT invoices supervised by State Administration of Taxation, copies of declaration for exportation and copies of export verification sheet. Those obtained the export quotas of phosphate ore in 2012 only provide the above materials of 2011.

V. Supervision and Administration

A. The Ministry of Commerce takes charge of the administration, guidance and supervision of export quota of phosphate ore. Local Competent Authorities of Commerce are responsible for the distribution and adjustment of export quotas for qualified enterprise in local areas. If any Local Competent Authority of Commerce violated any regulation in the process of export quotas distribution, enterprises may report with evidence to the Department of Foreign Trade of MOFCOM. Once verified, the Ministry of Commerce will impose punishment by way of rejecting the distribution plan of the Local Competent Authorities of Commerce and deprive them of distributing rights of phosphate ore.

B. The Quota & Licence Administrative Bureau Ministry of Commerce of the People’s Republic of China is responsible for reporting on quarterly basis to the Department of Foreign Trade of MOFCOM the export license distribution conditions and feedback data from the customs and forward to CCCMC.

The Quota & Licence Administrative Bureau Ministry of Commerce of the People’s Republic of China is responsible for the casual inspection against the license issuing agencies and report inspection results to the Ministry of Commerce. Key inspection points include whether there is quota exceeding, quota free and certificate issuance beyond authority. For license issuing agencies involved in quota exceeding, quota free and certificate issuance beyond authority, the Ministry of Commerce will demand them to rectify and render administration sanction according to the law to supervisors in direct charge and other persons in direct responsibilities.

C. Local Competent Authorities of Commerce and industry organizations shall play the role of supervision, strengthen the administration against export enterprises, closely track the export situation and relevant problems, timely report to the Ministry of Commerce (Department of Foreign Trade) and give their advices.

D. If any Enterprise qualified for distribution of export quota of phosphate ore violated any laws and regulations during the year, once verified, the Ministry of Commerce shall investigate their legal responsibilities and will not accept the application for such enterprise in the following two years.