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| REGULATIONS ON THE EXAMINATION AND APPROVAL OF FOREIGN-FUNDED ENTERPRISES SERVING AS AGENTS FOR INTERNATIONAL CARGO TRANSPORT | | 对外贸易经济合作部 |
(Issued by the Ministry of Foreign Trade and Economic Cooperation on September 9, 1996) | |
关于印发《外商投资国际货物运输代理 |
Commissions of Foreign Trade and Economic Cooperation of Various provinces, autonomous regions, municipalities directly under the central government and cities enjoying provincial status, as well as the Foreign Investment Office of Shenzhen City: | |
企业审批规定的通知》 |
With a view to meeting the needs of the development of foreign trade and an export-oriented economy, to promoting the sound development of the international cargo transport agency business and to serving China'sforeign trade and export-oriented economy better, and in accordance with the state laws and regulations concerning foreign-funded enterprises and the provisions of the People's Republic of China on the management of international cargo transport agency business, the Ministry of Foreign Trade and Economic Cooperation has formulated the Regulations on Examining and Approving Foreign-Funded Enterprises Serving as Agents for International Cargo Transport, which are now printed and issued to you.Please implement these Regulations. The Provisions on Examining and Approving Foreign-Funded Enterprises Serving as Agents for International Cargo Transport promulgated by the Ministry on February 22, 1995, were abolished simultaneously. | |
（〔１９９６〕外经贸资发第５８５号） |
On September 9, 1996 | |
各省、自治区、直辖市及计划单列市外经贸委（厅、局），深圳外资办公室： |
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为了适应对外经济贸易发展的需要，促进国际货物运输代理行业的健康发展，更好地为我国对外经济贸易服务，根据国家有关外商投资企业的法律、法规和《中华人民共和国国际货物运输代理业管理规定》，我部制定了《外商投资国际货物运输代理企业审批规定》，现印发给你们，请按照执行。我部于１９９５年２月２２日颁发的《外商投资国际货运代理企业审批办法》同时废止。 |
| Article 1 These Regulations have been formulated with a view to standardizing the work to examine and approve foreign-funded enterprises serving as agents for international cargo transport, and in accordance with state laws and regulations concerning foreign-funded enterprises and the provisions of the People's Republic of China on the management of international cargo transport agency business. | |
附件：《外资投资国际货物运输代理企业审批规定》 |
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对外贸易经济合作部 |
| Article 2 Foreign-funded enterprises serving as agents for international cargo transport designated in these Regulations refer to foreign-funded enterprises which have been established in the form of Sino-foreign joint ventures or cooperative businesses to accept the trust of consignees and consignors of import and export cargo, which, in the name of trustees or in their own names, handle for trustees international cargo transport and relevant business, and collect service remuneration(hereinafter referred to as foreign-funded international cargo agent enterprises). | |
一九九六年九月九日 |
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附件 |
| Article 3 The Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China (hereinafter referred to as the MFTEC) shall serve as the managerial department to examine and approve foreign-funded enterprises serving as agents for international cargo transport. | |
外商投资国际货物运输代理企业审批规定 |
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| Article 4 Foreign enterprises and companies may establish, in the form of joint ventures and cooperative businesses within the territory of China, foreign-funded enterprises serving as agents for international cargo transport, with Chinese partners in joint ventures and cooperative businesses contributing no less 50 percent to the total investment. | | 第一条 为了规范外商投资国际货物运输代理企业的审批工作，根据国家有关外商投资企业的法律、法规和《中华人民共和国国际货物运输代理业管理规定》，特制定本规定。 |
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| Article 5 In addition to meeting the conditions as prescribed in the Regulations of the People's Republic of China on the Management of International Cargo Transport Agency Business, whoever applies for the establishment of a foreign-funded enterprise serving as an agent for international cargo transport shall meet the conditions as stipulated in relevant state laws and regulations concerning foreign-funded enterprises and the following conditions as well: | | 第二条 本规定所称的外商投资国际货物运输代理企业是指以中外合资、合作形式设立的接受进出口货物收货人、发货人的委托，以委托人的名义或者以自己的名义，为委托人办理国际货物运输及相关业务并收取服务报酬的外商投资企业（以下简称：外商投资国际货运代理企业）。 |
(One) At least one Chinese partner is an enterprise which serves as an agent for international cargo transport or which is a foreign trade enterprise with annual imports and exports exceeding 50 million US dollars. Partners meeting the above conditions shall control the bulk of shares among Chinese partners; Foreign partners shall be enterprises serving as agents for international cargo transport; | |
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(Two) Chinese and foreign partners shall have a history of at least three years in serving as agents for international cargo transport or in foreign trade business, have operational and managerial personnel and specialized personnel qualified for the business applied for, have astable cargo source, and have a certain number of cargo transport outlets; | | 第三条 中华人民共和国对外贸易经济合作部（以下简称：外经贸部）是外商投资国际货运代理企业的审批和管理机构。 |
(Three) Neither Chinese partners nor foreign partners had committed acts against regulations on the said business and had been punished in the three years before the date of their application. | |
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| | 第四条 外国公司、企业可以合资、合作方式在中国境内设立外商投资国际货运代理企业。中国合营者的出资比例不应低于５０％。 |
Article 6 A water and air transport carrier, as well as an enterprise that may bring unfair competition behaviors to cargo transport agent business shall not serve as a partner to a joint venture.
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