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Content
Chapter 1 General Provisions
Chapter 2 Foreign Trade Dealers
Chapter 3 Import and Export of Goods and Technologies
Chapter 4 International Trade in Services
Chapter 5 Protection of Trade-related Aspects of Intellectual Property
Rights
Chapter 6 Foreign Trade Order
Chapter 7 Foreign Trade Investigations
Chapter 8 Foreign Trade Remedies
Chapter 9 Foreign Trade Promotion
Chapter 10 Legal Liabilities
Chapter 11 Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is formulated with a view to expanding the opening
to the outside world, developing foreign trade, maintaining foreign
trade order, protecting the legitimate rights and interests of foreign
trade dealers and promoting the sound development of the socialist
market economy.
Article 2 This Law applies to foreign trade and the protection of
trade-related aspects of intellectual property rights. For the
purposes of this Law, "foreign trade" refers to import and export of
goods and technologies and the international trade in services.
Article 3 The authority responsible for foreign trade under the State
Council is in charge of the administration of the foreign trade of the
entire country pursuant to this Law.
Article 4 The State shall pursue a uniform foreign trade regime,
encourage the development of foreign trade and maintain fair and free
foreign trade order.
Article 5 The people's Republic of China shall, on the principle of
equality and mutual benefit, promote and develop trade relations with
other countries and regions, enter into or participate in such
regional economic trade agreements as customs union agreement, free
trade agreement and participate in regional economic organizations.
Article 6 The People's Republic of China shall, in accordance with the
international treaties and agreements to which it is a contracting
party or a participating party grant the other contracting parties or
participating parties, or on the principle of reciprocity grant the
other party most-favored-nation treatment or national treatment in the
field of foreign trade.
Article 7 In the event that any country or region applies prohibitive,
restrictive or other like measures on a discriminatory basis against
the People's Republic of China in respect of trade, the People's
Republic of China may, as the case may be, take counter-measures
against the country or region in question.
Chapter 2 Foreign Trade Dealers
Article 8 For the purposes of this Law, "foreign trade dealers" refers
to legal persons, other organizations or individuals that have
fulfilled the industrial and commercial registration or other
practicing procedures in accordance with laws and engage in foreign
trade dealings in compliance with this Law and other relevant laws and
administrative regulations.
Article 9 Foreign trade dealers engaged in import and export of goods
or technologies shall register with the authority responsible for
foreign trade under the State Council or its authorized bodies unless
laws, regulations and the authority responsible for foreign trade
under the State Council do not so require. The specific measures for
registration shall be laid down by the authority responsible for
foreign trade under the State Council. Where foreign trade dealers
fail to register as required, the Customs authority shall not process
the procedures of declaration, examination and release for the
imported and exported goods.
Article 10 The international trade in services shall be carried out in
compliance with the provisions of this Law and other relevant laws and
administrative regulations. The units engaged in foreign contract of
construction project or foreign labor cooperation shall be equipped
with corresponding eligibility or qualification. The specific measures
therefore shall be laid down by the State Council.
Article 11 The State may implement state trading on certain goods. The
import and export of the goods subject to state trading shall be
operated only by the authorized enterprises unless the state allows
the import and export of certain quantities of the goods subject to
state trading to be operated by the enterprises without authorization.
The lists of the goods subject to state trading and the authorized
enterprises shall be determined, adjusted and made public by the
authority responsible for foreign trade under the State Council in
conjunction with other relevant authorities under the State Council.
In the event of importation of the goods subject to state trading
without authorization in violation of paragraph 1 of this Article, the
Customs shall not grant release.
Article 12 Foreign trade dealers may accept the authorization of
others and conduct foreign trade as an agent within its scope of
business.
Article 13 Foreign trade dealers shall, in accordance with the
regulations laid down by the authority responsible for foreign trade
under the State Council or other relevant authorities under the State
Council in accordance with law, submit the documents and materials
relevant to their foreign trade dealings to relevant authorities. The
authorities concerned shall keep business secrets confidential for the
providers thereof.
Chapter 3 Import and Export of Goods and Technologies
Article 14 The State permit free import and export of goods and
technologies unless the laws or administrative regulations provide
otherwise.
Article 15 The authority responsible for foreign trade under the State
Council may, in accordance with the need to supervise import and
export, implement automatic import and export licensing certain goods
subject to free import and export and make public the list thereof.
Where the consignee or the consigner of the imported or exported goods
subject to automatic licensing submits the automatic licensing
application before going through the Customs declaration procedures,
the authority responsible for foreign trade under the State Council or
its authorized authorities shall grant approval. In case of failure to
accomplish automatic licensing procedures, the Customs shall not grant
release. In the case of importing or exporting technologies subject to
free import and export, the contracts thereof shall be registered with
the authority responsible for foreign trade under the State Council or
its authorized authorities.
Article 16 The State may restrict or prohibit the import or export of
relevant goods and technologies for the following reasons that:
(1) the import or export needs to be restricted or prohibited in order
to safeguard the state security, public interests or public morals,
(2) the import or export needs to be restricted or prohibited in order
to protect the human health or security, the animals and plants life
or health or the environment,
(3) the import or export needs to be restricted or prohibited in order
to implement the measures relating to the importations and
exportations of gold or silver,
(4) the export needs to be restricted or prohibited in the case of
domestic shortage in supply or the effective protection of exhaustible
natural resources,
(5) the export needs to be restricted in the case of the limited
market capacity of the importing country or region,
(6) the export needs to be restricted in the case of the occurrence of
serious confusion in the export operation order,
(7) the import needs to be restricted in order to establish or
accelerate the establishment of a particular domestic industry,
(8) the restriction on the import of agricultural, animal husbandry or
fishery products in any form is necessary,
(9) the import needs to be restricted in order to maintain the State's
international financial status and the balance of international
payment,
(10) the import or export needs to be restricted or prohibited as laws
and administrative regulations so provide, or
(11) the import or export needs to be restricted or prohibited as the
international treaties or agreements to which the state is a
contracting party or a participating party so require.
Article 17 The State may, in the case of the import or export of the
goods and technologies relating to fissionable and fissionable
materials or the materials form which they are derived as well as the
import or export relating to arms, ammunition and implements for war,
take any measures as necessary to safeguard the state security. The
State may, in the time of war or for the protection of international
peace and security, take any measures as necessary in respect of
import or export of goods and technologies.
Article 18 The authority responsible for foreign trade under the State
Council in conjunction with other relevant authorities under the State
Council shall, in accordance with the provisions of Articles 16 and 17
in this Law, establish, adjust and publish the list of goods and
technologies of which the import or export is subject to restrictions
or prohibitions. The authority responsible for foreign trade under the
State Council independently or in conjunction with other relevant
authorities under the State Council may, with the approval from the
State Council, decide, on a temporary basis, to impose restrictions or
prohibitions on the import or export of goods and technologies not
included in the list provided in the above paragraph within the
meaning of Article 16 and Article 17 in this Law.
Article 19 Goods subject to import or export restriction shall be
subject to quota and/or licensing control; technologies whose import
or export is restricted shall be subject to licensing control. Import
or export of any goods and technologies subject to quota and/or
licensing control will be effected only with the approval of the
authorities responsible for foreign trade under the State Council or
the joint approval of the foregoing authorities and other relevant
authorities under the State Council in compliance with the provisions
of the State Council. Certain imported goods may be subject to tariff
rate quota control.
Article 20 Quotas and tariff rate quotas of the imported and exported
goods shall be distributed on the principles of transparency, equity,
impartiality and efficiency by the authority responsible for foreign
trade under the State Council or the relevant authorities under the
State Council within their respective responsibilities. Specific
measures for the distribution shall be laid down by the State Council.
Article 21 The state shall implement the commodity assessment system
in a uniform manner and in accordance with the provisions of relevant
laws and administrative regulations carry out certification,
inspection or quarantine in respect of imported and exported
commodities.
Article 22 The state shall implement origin management in respect of
the imported and exported goods. Specific measures therefore shall be
laid down by the State Council.
Article 23 Where the import or export of cultural relics, wildlife
animals, plants and the products thereof are prohibited or restricted
by other laws or administrative regulations, the provisions of
relevant laws and regulations shall be observed.
Chapter 4 International Trade in Services
Article 24 In respect of international trade in services, the People's
Republic of China shall, in accordance with the commitments made in
international treaties or agreements to which the People's Republic of
China is a contracting party or a participating party, grant the other
contracting parties or participating parties market access and
national treatment.
Article 25 The authority responsible for foreign trade under the State
Council in conjunction with other relevant authorities under the State
Council shall, pursuant to provisions of this Law and other laws and
administrative regulations, administer the international trade in
services.
Article 26 The State may impose restrictions and prohibitions on the
international trade in services for the reasons that:
(1) restrictions or prohibitions are needed to safeguard the state
security, public interests or public morals,
(2) restrictions or prohibitions are needed to protect the human
health or security, the animals and plants life or health or the
environment,
(3) restrictions are needed to establish or accelerate the
establishment of a particular domestic service industry,
(4) restrictions are needed to maintain the balance of international
payment of the state,
(5) restrictions or prohibitions are needed as laws and administrative
regulations so provide, or
(6) restrictions or prohibitions are needed as the international
treaties or agreements to which the state is a contracting party or a
participating party so require.
Article 27 The State may, in the case of military-related
international trade in services, as well as the international trade in
services relating to fissionable and fissionable materials or the
materials form which they are derived, take any measures as necessary
to safeguard the state security. The state may, in the time of war or
for the protection of international peace and security, take any
measures as necessary in respect of international trade in services.
Article 28 The authority responsible for foreign trade under the State
Council in conjunction with other relevant authorities under the State
Council shall, in accordance with the provisions of Articles 26 and 27
in this Law and other relevant laws and administrative regulations,
determine, adjust and publish the market access list of international
trade in services.
Chapter 5 Protection of Trade-Related Aspects of Intellectual Property
Rights
Article 29 The State shall, in accordance with laws and administrative
regulations relevant to intellectual property rights, protect
trade-related aspects of intellectual property rights. Where the
imported goods infringe intellectual property rights and impair
foreign trade order, the authority responsible for foreign trade under
the State Council may take such measures as prohibiting the import of
the relevant goods from being produced or sold by the infringe within
a certain period.
Article 30 Where the intellectual property right owner is involved in
any one of such practices as preventing the licensee form challenging
the validity of the intellectual property right in the licensing
contract, conducting coercive package licensing or incorporating
exclusive grant back conditions in the licensing contract, which
impairs the fair competition order of foreign trade, the authority
responsible for foreign trade under the State Council may take
measures as necessary to eliminate such impairment.
Article 31 If other countries or regions do not grant the legal
persons, other organizations and individual from the People's Republic
of China national treatment in respect of the protection of
intellectual property rights, or cannot provide adequate and effective
protection of intellectual property rights for the goods, technologies
or services from the People's Republic of China, the authority
responsible for foreign trade under the State Council may, in
accordance with the provisions of this Law and other relevant laws and
administrative regulations and the international treaties or
agreements to which the People's Republic of China is a contracting
party or a participating party, take measures as necessary in respect
of the trade with the country or region in question.
Chapter 6 Foreign Trade Order
Article 32 In foreign trade dealings, monopolistic behavior in
violation of relevant provisions of anti-monopoly laws and
administrative regulations is not allowed. In foreign trade dealings,
any monopolistic behavior with the effect of eliminating market fair
competition shall be disposed of in accordance with relevant
provisions of anti-monopoly laws and administrative regulations. Where
any activities in violation of laws set forth in the former paragraph
occur with the effect of impairing foreign trade order, the authority
responsible for foreign trade under the State Council may take
measures as necessary to eliminate the impairment.
Article 33 In foreign trade activities, such unfair competition
activities as selling the products at unreasonable low prices,
colluding with each other in a tender, producing and releasing false
advertisements and conducting commercial bribery and others like are
not allowed. Any unfair competitive practice conducted in the foreign
trade activities shall be disposed of in accordance with relevant laws
and administrative regulations against unfair competition. Where any
illegal activities as provided in the previous paragraph occur with
the effect of impairing foreign trade order, the authority responsible
for foreign trade under the State Council may take such measures as
prohibiting the dealer from importing and exporting relevant goods and
technologies to eliminate the impairment.
Article 34 The following practices are not allowed in foreign trade
activities:
(1) forgery, distortion of origin marks of the imported and exported
goods; forgery, distortion or trading of origin certificates of
imported or exported goods, import and export licenses, certificates
of import and export quota or any other certificate for import and
export;
(2) defrauding the State of the refunded tax on exports;
(3) smuggling;
(4) evading certification, inspection and quarantine inspection as
provided by laws and administrative regulations;
(5) other activities in violation of the provisions of laws and
administrative regulations.
Article 35 In foreign trade activities, foreign trade dealers shall
act in compliance with relevant provisions of foreign exchange
administration of the state.
Article 36 The authority responsible for foreign trade under the State
Council may give a notice to the public the activities in violation of
this Law for impairing foreign trade order.
Chapter 7 Foreign Trade Investigation
Article 37 In order to maintain the foreign trade order, the authority
responsible for foreign trade under the State Council may carry out
investigations on the following matters in accordance with laws and
administrative regulations at its disposal or in conjunction with
other relevant administrations:
(1) the impact on the domestic industry as well as the competitive
strengths of import and export of goods, import and export of
technologies and international trade in services;
(2) trade barriers of relevant countries or regions;
(3) matters needed to be investigated on in order to determine whether
such foreign trade remedies as anti-dumping, countervailing or
safeguard measures shall be taken;
(4) activities that circumvent foreign trade remedies;
(5) matters in relation to state security in foreign trade;
(6) matters needed to be investigated on in order to enforce the
provisions of Articles 7, 29(2),30,31,32(3) and 33(3).
(7) Other matters which may have impact on foreign trade order and
need to be investigated on.
Article 38 The authority responsible for foreign trade shall give a
notice in case of initiating foreign trade investigations. The
investigation may take the form of questionnaires in writing,
hearings, on-the-spot investigations, entrusted investigations and
otherwise. The authority responsible for foreign trade under the State
Council shall, on the basis of the findings, submit investigation
reports or make determinations and give public notices.
Article 39 Relevant units and individuals shall provide the foreign
trade investigation with cooperation and assistance. The authority in
charge of foreign trade and other authorities under the State Council
as well as their staff members shall have the obligation to keep the
state secrets and business secrets known to them confidential during
foreign trade investigations.
Chapter 8 Foreign Trade Remedies
Article 40 The State may take appropriate foreign trade remedies on
the basis of the findings of foreign trade investigation.
Article 41 Where a product from other countries or regions is dumped
into the domestic market at a price less than its normal value and
under such conditions as to cause or threaten to cause material injury
to the established domestic industries, or materially retards the
establishment of domestic industries, the State may take anti-dumping
measures to eliminate or mitigate such injury, threat of injury or
retardation.
Article 42 Where the export of a product from other countries or
regions to the market of a third country causes or threatens to cause
material injury to the established domestic industries, or materially
retards the establishment of domestic industries, the authority
responsible for foreign trade under the State Council may, on the
request of the domestic industries, carry out consultations with the
government of that third country and require it to take appropriate
measures.
Article 43 Where an imported product has directly or indirectly
accepts any specific subsidiary granted by the exporting country or
region and under such conditions as to cause or threaten to cause
material injury to the established domestic industries, or materially
retards the establishment of related domestic industries, the State
may take countervailing measures to eliminate or mitigate such injury
or threat of injury or retardation.
Article 44 Where a product is being imported in substantially
increased quantities and under such conditions as to cause or threaten
to cause serious injury to the domestic industry that produces like or
directly competitive products, the State may take safeguard measures
as necessary to eliminate or mitigate such injury or threat of injury
and provide the industry concerned with necessary support.
Article 45 Where the increase of services provided to China by the
service suppliers from other countries or regions causes or threatens
to cause injury to the domestic industries that provide like or
directly competitive services, the State may take remedies as
necessary to eliminate or mitigate such injury or threat of injury and
provide such industry with necessary support.
Article 46 Where the restriction imposed by a third country on the
import of a certain product causes the increase in quantities of such
product imported into the domestic market and under such conditions as
to cause or threaten to cause injury to the established domestic
industry, or materially retards the establishment of related domestic
industries, the state may take remedies as necessary to restrict the
import of the product concerned.
Article 47 Where any country or region that enters into or participate
in the economic and trade treaties or agreements with the People's
Republic of China deprives the People's Republic of China of or
impairs her interests under such treaties or agreements, or hinders
realization of the object of such treaties or agreements, the People's
Republic of China has the right to request the relevant country or
region to take appropriate remedies and has the right to suspend or
terminate its performance of relevant obligations in compliance with
relevant treaties and agreements.
Article 48 The authority responsible for foreign trade under the State
Council shall carry out bilateral or multilateral foreign trade
consultations, negotiations and settle disputes in accordance with
this Law and other relevant laws.
Article 49 The authority responsible for foreign trade under the State
Council and the other relevant authorities under the State Council
shall establish the pre-warning and emergency system for import and
export of goods, import and export of technologies and international
trade in services so as to cope with the unexpected and unusual
situations in foreign trade for the purpose of safeguarding the
economic security of the State.
Article 50 The State may take necessary anti-circumvention measures
against the activities circumventing the foreign trade remedies
provided under this Law.
Chapter 9 Foreign Trade Promotion
Article 51 The State formulates foreign trade expansion strategies,
establishes and improves the foreign trade promotion mechanism.
Article 52 The State shall establish and improve financial
institutions for foreign trade and establish funds for foreign trade
development and risk as the development of foreign trade requires.
Article 53 The State may take such measures as import and export
credit, export credit insurance, export tax refund and other foreign
trade promotion measures for the purpose of developing foreign trade.
Article 54 The State establishes the foreign trade public information
service system, providing foreign trade dealers and the public with
information services.
Article 55 The State shall take measures to encourage foreign trade
dealer to explore international market, and develop foreign trade by
adopting various forms such as foreign investment, foreign contract of
construction project and foreign labor cooperation.
Article 56 Foreign trade dealers may organize or participate in
relevant associations or chambers of commerce for importers and
exporters in accordance with the law. Relevant associations or
chambers of commerce shall abide by relevant laws and regulations,
provide in compliance with their articles of association their members
with foreign trade related services in aspects of manufacturing,
marketing, information and training, play a positive role in
coordination and self-discipline, submit applications for relevant
foreign trade remedies, safeguard the interests of their members and
the industry, report to the relevant authorities the suggestions of
their members with respect to foreign trade promotion, and actively
promote foreign trade.
Article 57 The organization for the promotion of international trade
in China shall, in accordance with its articles of association, engage
in developing foreign trade relations, sponsoring exhibitions,
providing information and advisory services and carry out other
foreign trade promotion activities.
Article 58 The State shall support and facilitate the foreign trade
carried out by small and medium-sized enterprises with small or middle
scale.
Article 59 The State shall support and promote the development of
foreign trade in national autonomous areas and economically
under-developed areas.
Chapter 10 Legal Liabilities
Article 60 Anyone who imports or exports the goods subject to the
state trading without authorization in violation of Article 11 of this
Law may be imposed on a fine of not more than RMB 50,000 Yuan by the
authority responsible for foreign trade under the State Council or
other authorities under the State Council; if the circumstances are
serious, the aforesaid authorities may refuse to accept the
application submitted by the trade dealer in violation of laws for
carrying out imports or exports of the goods subject to state trading
within three years from the date the administrative sanction decision
takes effect or may withdraw the granted authorization of import and
export of goods subject to state trading.
Article 61 Anyone who imports and exports the goods of which import
and export is prohibited, or imports and exports the goods of which
import and export is restricted without authorization shall be
disposed of and punished by the Customs in accordance with relevant
laws and administrative regulations; if the case constitutes a crime,
he shall be prosecuted for criminal liabilities in accordance with the
law. Anyone who imports and exports the technologies of which import
and export is prohibited, or imports and exports the technologies of
which import and export is restricted without authorization shall be
disposed of and punished in accordance with relevant laws and
regulations; Where no laws or regulations are available to apply to
such activities, the authority responsible for foreign trade under the
State Council shall order him to make a rectification, confiscate the
illegal proceeds and impose a fine from one to five times the amount
of the illegal gains. If there are no illegal proceeds or the illegal
proceeds are less than RMB 10,000 Yuan, a fine from RMB 10,000 Yuan to
RMB 50,000 Yuan shall be imposed; if the case constitutes a crime, he
shall be prosecuted for criminal liabilities in accordance with the
law. The authority responsible for foreign trade under the State
Council and other relevant authorities under the State Council may,
from the date when the administrative sanction decision or criminal
penalty judgment takes effect as provided in paragraphs 1 and 2 of
this Article, refuse the applications for import and export quotas or
licenses submitted by the law-breaker, or prohibit the law-breaker
from engaging in the import and export of relevant goods and
technologies within a period from one to three years.
Article 62 Anyone who engages in the international trade in services
subject to prohibition or engages in international trade in services
subject to restriction without authorization shall be disposed of and
punished in accordance relevant laws and administrative regulations;
Where no laws or regulations are available to apply to such
activities, the authority responsible for foreign trade under the
State Council shall order him to make a rectification, confiscate the
illegal gains and impose a fine from one to five times the amount of
the illegal proceeds. If there are no illegal proceeds or the illegal
proceeds are less than RMB 10,000 Yuan, a fine from RMB 10,000 Yuan to
RMB 50,000 Yuan shall be imposed; if the case constitutes a crime, he
shall be prosecuted for criminal liabilities in accordance with the
law. The authority responsible for foreign trade under the State
Council may, from the date when the administrative sanction decision
or criminal penalty judgment takes effect as provided in the previous
paragraph of this Article, prohibit the law-breaker from engaging in
relevant international trade in services within a period from one to
three years.
Article 63 Anyone who acts in violation of the provision of Article 34
of this Law shall be punished in accordance with relevant laws and
administrative regulations; if the case constitutes a crime, he shall
be prosecuted for criminal liabilities in accordance with the law. The
authority responsible for foreign trade under the State Council may,
from the date when the administrative sanction decision or criminal
penalty judgment takes effect as provided in the previous paragraph of
this Article, prohibit the law-breaker from engaging in relevant
foreign trade activities within a period from one to three years.
Article 64 Where a foreign trade dealer is prohibited from engaging in
the relevant foreign trade activities in accordance with Articles
61-63, within the period of prohibition the Customs authority shall
not grant release to the relevant imported or exported goods of that
foreign trade dealer in accordance with the decision made by the
authority responsible for foreign trade under the State Council, and
the foreign exchange administration or designated foreign exchange
banks shall not process the procedures of selling and purchasing
foreign exchange.
Article 65 Any staff member serving in the authority responsible for
foreign trade in accordance with this Law who neglects his duty,
engages in malpractices for personal gains or abuses his power, shall
be prosecuted for criminal liabilities if the case constitutes a
crime, or shall be subject to administrative sanctions if the case
dose not constitute a crime in accordance with the law. Any staff
member serving in the authority responsible for foreign trade in
accordance with this Law, who extorts property from others with job
convenience or illegally accepts others' property and seeks advantages
for them in return shall be prosecuted for criminal liabilities if the
case constitutes a crime, or shall be subject to administrative
sanctions if the case does not constitute a crime in accordance with
the law.
Article 66 The parties in the foreign trade activities may apply for
an administrative reconsideration or bring an administrative lawsuit
before a people's court in case of dissatisfaction with a specific
administrative act by the authority responsible for foreign trade
administration in accordance with this Law.
Chapter 11 Supplementary Provisions
Article 67 Where other laws or administrative regulations provide
otherwise in respect of foreign trade administration of military
supplies, fissionable and fissionable materials or the materials form
which they are derived and import and export administration of
cultural products, the provisions thereof shall be observed.
Article 68 The State applies flexible measures, provides preferential
conditions and conveniences to the trade between the towns on the
frontier and those towns of neighboring countries on frontier as well
as trade among border residents. Specific measures therefore shall be
laid down by the State Council.
Article 69 This Law shall not apply to the separate customs
territories of the People's Republic of China.
Article 70 This Law shall come into force as of July 1, 2004. |
