./.  WORLD TRADE  
ORGANIZATION  G/LIC/W/23 
4 October 2004 
 
 (04-4149) 
Committee on Import Licensing Original:   English 
  
 
TRANSITIONAL REVIEW MECHANISM
1 
 
Communication from the People's Republic of China  
  
 The following communication, dated 27 September 2004, is being circulated at the request of 
the Delegation of the People's Republic of China.  
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 Reference is made to the Committee on Import Licensing meeting scheduled to be held on 
30 September 2004 (WTO/AIR/2383), of which the Tr ansitional Review under Paragraph 18 of the 
Protocol of Accession of the People's Republic of China is on the agenda.  For the purpose of this 
Review, I hereby, on instructions from my author ities, submit relevant information as provided in 
Paragraph IV:3 of Annex 1A of the Protocol of Accession of the People's Republic of China. 
 
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Information required by Annex 1A  of the Protocol of Accession
 
 
 
IV. POLICIES AFFECTING TRADE IN GOODS  
 
3.   Import licensing (to be notified  to the Committee on Import Licensing) 
 
(a)  implementation of the provisions of the Agreement on Import Licensing Procedures and 
the WTO Agreement applying the measures set out in Section 8 of the Protocol including provision of the time taken to grant an import licence 
 
 Further to the information that was provi ded to the Committee on Import Licensing pursuant 
to Annex 1A of the Protocol on the Accession of Chin a in the previous two years, China would like to 
supply the following information as Annex 1A information to the Committee for year 2004.   The Chinese government has always committed to  maintaining transparent, fair and non-
discriminatory import licensing procedures.  Upon Ch ina's accession to the WTO, all import licensing 
procedures are based on laws and regulations th at are publicized.  The fundamental principles 
governing import licensing are contained in the Foreign Trade Law , and under the Law, the State 
Council of the People’s Republic of China promulgated the Regulations on Administration of Import 
and Export of Goods in the form of State Council Decree, through which situations where  import 
licensing procedures apply are est ablished.  Pursuant to the Regulation, the government body 
                                                     
 
1 Pursuant to Paragraph 18 of the Protocol on the Accession of the People's Republic of China 
(WT/L/432). G/LIC/W/23 
Page 2  
 
 governing foreign trade under the State Council, i.e. the Ministry of Commerce (MOFCOM) and its 
predecessor the Ministry of Foreign Trade and Economic Cooperation (MOFTEC), promulgated the 
Measures on Administration of Import Licences for Goods and the Measures on Administration of 
Automatic Import Licensing  for Goods  in the form of Ministry Decree, which clearly set out the 
implementing details of  import licensing procedures.  In accordance with these two Ministry Decrees, 
MOFCOM publishes yearly, in the form of Ministry Announcement, the Catalogue of Goods Subject 
to Import Licence Administration and the Catalogue of Goods Subject to Automatic Import Licensing 
Administration, which list all the commodities subject to import licensing procedures except for those 
under Tariff Rate Quota  (TRQ) administration.  The laws, regulations, d ecrees and announcements 
mentioned above demonstrate that China has b een implementing faithfully its accession commitments 
on import licensing as well as on eliminating non-tariff measures.  
  As for commodities under TRQ administration , pursuant to the Regulations on Administration 
of Import and Export of Goods, MOFCOM and the National Deve lopment and Reform Commission 
(NDRC) jointly promulgated the Interim Measures on Administration of Tariff Rate Quota for 
Importation of Agricultural Products in the form of Ministry Decree , and the former State Economic 
and Trade Commission and the General Administration of Customs jointly promulgated the Interim 
Measures on the Administration of Tariff  Rate Quota for Importation of Fertilizers in the form of 
Ministry Decree .  In accordance with these two Ministry D ecrees, the quantities of TRQ, allocation 
methods and application conditions of the co mmodities under TRQ administration are published 
annually in the form of Ministry Announcement.   The regulations, decrees and announcements 
mentioned above demonstrate that China has b een implementing faithfully its accession commitments 
on import licensing and on tariff rate quota regime.    Hereinbefore, the context gives a complete de scription of the existing legislation framework 
on administration of import licensing and procedures in China.  All the laws, regulations, decrees and 
announcements mentioned above can be found in the China Foreign Trade and Economic 
Cooperation Gazette  and can also be obtained at the website of MOFCOM (www.mofcom.gov.ch
).  It 
should be noted that along with the implementati on of commitments made upon China's accession to 
the WTO and the reform of domestic governmental institutions, adjustments will be made to the 
regulations, decrees, etc. relating to import licen sing procedures.  We will update the  information 
relating to China's import licensing  procedures th rough notification obligations under the Agreement 
on Import Licensing Procedures and provision of Anne x 1A information required by the Protocol on 
the Accession of the People’s Republic of China to the WTO.  
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