People's Republic Of China Foreign Trade Law (2004 Revision)

Original Language Title: 中华人民共和国对外贸易法(2004年修订本)

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(May 12, 1994 meeting of the Standing Committee of the seventh National People's Congress on May 12, 1994, People's Republic of China released April 6, 2004, the 22nd President of deputies of the eighth meeting of the Standing Committee on April 6, 2004, People's Republic of China presidential order released 15th come into force on July 1, 2004) contents chapter I General provisions chapter II chapter III of the foreign trade import and export of goods and technology import and export
    The fourth chapter of international trade in services the fifth chapter trade-related aspects of intellectual property rights protection of the sixth chapter Chapter seventh foreign trade investigation the eighth chapter of the foreign trade order trade relief Nineth trade tenth chapter legal liability the 11th chapter by-laws chapter I General provisions article in order to expand the opening up, develop foreign trade, maintaining the order of foreign trade, and protect the legitimate rights and interests of foreign trade operators, promote the healthy development of the Socialist market economy, this law is enacted.
II of this law shall apply to foreign trade and trade-related aspects of intellectual property rights protection.
    Foreign trade in this law, refers to the import and export of goods, technologies and the international trade in services.
    Article III competent foreign trade Department under the State Council in charge of the nation's foreign trade according to this law.
    Fourth State applies a uniform system of foreign trade, encourage the development of foreign trade, uphold a fair, free foreign trade order.
    Fifth People's Republic of China according to the principle of equality and mutual benefit, and to promote and develop trade relations with other countries and regions, concluded or acceded to the Customs Union agreement, the regional economic and trade agreements, free trade agreements, participation in regional economic organizations.
    Sixth People's Republic of China in terms of foreign trade in accordance with the concluded or acceded to the international treaties, agreements, granting MFN status to other parties, parties, national treatment, treatment, or by granting each other most favored nation treatment, national treatment principle mutual benefit, reciprocity and equal treatment.
    Seventh article of any country or region in terms of trade of People's Republic of China discriminatory prohibitions, restrictions or other similar measures, People's Republic of China according to the actual situation in the country or the region to take appropriate measures.
    Eighth chapter II foreign trade operators foreign trade operators in this law refers to industrial and commercial registration or other formalities according to law, in accordance with this law and other relevant laws and administrative regulations in the foreign trade activities of legal persons, other organizations or individuals. Nineth engaged in import and export of goods and technology import and export foreign trade dealers shall be to the competent foreign trade Department under the State Council or its delegate agencies register; however, the laws and administrative regulations and Foreign Trade Department under the State Council are not required except for registration. Registration of specific measures shall be prescribed by the competent foreign trade Department under the State Council.
    Foreign trade dealers failing to register, the Customs shall not the formalities of Customs Declaration and examination of the goods for export.
Tenth engaged in international trade in services shall comply with the provisions of this law and other relevant laws and administrative regulations. Engaged in overseas project contracting and labor service cooperation with foreign units shall have corresponding qualifications or qualifications.
    Specific measures shall be formulated by the State Council. 11th State to part of the management of the import and export of goods subject to state trading. Import and export of goods subject to state trading business by authorized business; however, State trading countries allow some of the import and export of goods by non-authorized business otherwise.
Goods subject to state trading and authorized business directory by the competent foreign trade Department under the State Council together with other relevant departments of the State Council determined, adjusted and promulgated.
    Violation of the provisions of the first paragraph of this article, import and export of goods subject to state trading without authorization, the Customs shall not be released.
    12th foreign trade operators can accept a delegate, to conduct foreign trade operations in the scope. 13th foreign trade dealers shall, in accordance with the competent foreign trade department or other relevant departments under the State Council shall make regulations, submitted to the relevant departments documents and information relating to their foreign trade activities.
    Relevant departments shall keep commercial secrets for providers. Chapter III import and export of goods and technology import and export articles 14th state allows free import and export of goods and technologies.
    However, except as otherwise provided in laws and administrative regulations.
15th competent foreign trade Department under the State Council based on the monitoring of the import and export needs some free import and export of goods for import and export can be automatically licensed and published its directory.
Subject to automatic licensing of import and export goods, the consignee, consignor in customs formalities before the automatic licensing application, responsible for foreign trade under the State Council or its delegate Agency shall grant approval is not automatic licensing procedures, Customs shall not be released.
    Import and export is free import and export of technology, to the competent Department for foreign trade contract registration or their authorized agencies.
16th article national based on following reasons, can limit or ban about goods, and technology of imports or export: (a) for maintenance national security, and social public interests or public moral, need limit or ban imports or export of; (ii) for protection people of health or security, protection animal, and plant of life or health, protection environment, need limit or ban imports or export of; (three) for implementation and gold or silver import and export about of measures, need limit or ban imports or export of; (Four) domestic supply shortage or for effective protection may with exhaust of natural resources, need limit or ban export of; (five) lost to national or area of market capacity limited, need limit export of; (six) export business order appeared serious chaos, need limit export of; (seven) for established or speed up established domestic specific industry, need limit imports of; (eight) on any form of agricultural, and livestock, and fisheries products has necessary limit imports of; (nine) for guarantees national international financial status and international balance,
    Need to restrict imports, and (10) in accordance with the provisions of laws and administrative regulations, others need to restrict or prohibit the import or export (11) in accordance with the provisions of international treaties and conventions concluded or acceded, others need to restrict or prohibit the import or export.
17th State on fission, fusion material or derivative of such material, the material relating to the import and export of goods and technologies, as well as import and export of weapons, ammunition or other military supplies related, you can take any necessary measures to safeguard national security.
    In time of war or for the maintenance of international peace and security, States in the import and export of goods, technology can take any necessary measures.
Article 18th competent foreign trade Department under the State Council in conjunction with the other relevant departments of the State Council, in accordance with the provisions of the 16th and 17th of this law, formulated, adjusted and promulgated to restrict or prohibit the import and export of goods, technology directory.
    Foreign Trade Department under the State Council or by its in conjunction with the other relevant departments of the State Council, approved by the State Council, in the context of this Act set forth in 16th and 17th, interim decision list of restrictions or prohibitions stipulated in the preceding paragraph other than the specific goods, the import or export of technology.
19th national restrictions on the import or export of goods, subject to quotas, licenses and other management; to limit imports or exports of technology, implementation of licence management.
Goods subject to quota and license management, technology, should be in accordance with the provisions of the State Council, the State Council Department for foreign trade license or in conjunction with the other relevant departments, may be imported or exported.
    State imports of certain goods may be subject to tariff quota management. 20th article import and export cargo quotas, tariff quotas, the competent foreign trade Department under Department or other relevant departments under the State Council, within the scope of their functions, in accordance with the principles of openness, fairness, impartiality and effectiveness of the assignment.
    Specific measures shall be formulated by the State Council.
    21st national uniformity of product conformity assessment system in accordance with the relevant provisions of laws and administrative regulations, certification, inspection, and quarantine on import and export goods. 22nd national origin management of import and export goods.
    Specific measures shall be formulated by the State Council.
    Article 23rd on the heritage and wildlife, plants and their products, other provisions of laws and administrative regulations prohibit or restrict the import, in accordance with the provisions of relevant laws and administrative regulations.
    The fourth chapter of international trade in services article 24th People's Republic of China in international trade in services in accordance with the concluded or acceded to international treaties, commitments made in the agreement, giving other parties, participation in market access and national treatment.
    25th competent foreign trade Department under the State Council and other relevant departments of the State Council, in accordance with the provisions of this law and other relevant laws, administrative regulations, and the management of international trade in services. 26th article national based on following reasons, can limit or ban about of international service trade: (a) for maintenance national security, and social public interests or public moral, need limit or ban of; (ii) for protection people of health or security, protection animal, and plant of life or health, protection environment, need limit or ban of; (three) for established or speed up established domestic specific service industry, need limit of; (four) for guarantees national exchange balance, need limit of; (five) in accordance with legal
    The provisions of administrative regulations, and other restrictions or prohibitions are required; (vi) in accordance with the provisions of international treaties and conventions concluded or acceded, others need to be restricted or prohibited.
27th State to military-related international trade in services, as well as with fission, fusion material or derivative of such material, the material relating to the international trade in services, you can take any necessary measures to safeguard national security.
    In time of war or for the maintenance of international peace and security, States with respect to international trade in services can take any necessary measures.
    28th Foreign Trade Department under the State Council in conjunction with the other relevant departments of the State Council, 26th, 27th, according to this law and other provisions of the relevant laws and administrative regulations, formulated, adjusted and published list of international market access for trade in services. Fifth chapter and the trade-related aspects of intellectual property rights protection

    29th State in accordance with the laws and administrative regulations relating to intellectual property rights, protection of trade-related aspects of intellectual property rights.
    Imports of goods infringing intellectual property rights, and jeopardize foreign trade order, the competent foreign trade Department under the State Council can take against the infringer within a certain period, sales of the goods to be imported, among other measures.
    Article 30th intellectual property rights prevent the licensee the license contract of intellectual property right in questioning the validity, and coercive package licensing, permits exclusive back conditions and other acts stipulated in the contract, and jeopardize fair competition of foreign trade, Foreign Trade Department under the State Council may take the necessary measures to eliminate the hazard. 31st in other countries or regions in terms of protection of intellectual property rights does not give People's Republic of China legal person, other organization or individual of national treatment, or not from the People's Republic of China goods, technology or services to provide adequate and effective protection of intellectual property rights, Foreign Trade Department under the State Council may, in accordance with this law and other relevant provisions of laws and administrative regulations, and People's Republic of China concluded or acceded to the international treaties, agreements,
    On trade with the country or the region to take the necessary measures.
The sixth chapter the foreign trade order in foreign trade activities in the 32nd, shall not violate the antitrust laws and administrative regulations of the monopolistic behavior. In the foreign trade activities of monopolistic behavior, harm fair competition in the market, in accordance with antitrust laws, administrative rules and regulations.
    Violation of the preceding paragraph, and jeopardize foreign trade order, the competent foreign trade Department under the State Council may take the necessary measures to eliminate the hazard.
Article 33rd in foreign trade activities, shall not be implemented by unjust low price sales of goods and bid-rigging, false advertising, commercial bribery and other acts of unfair competition.
In the foreign trade activities of carrying out acts of unfair competition, in accordance with the relevant legal and administrative regulations against unfair competition regulations.
    Violation of the preceding paragraph, and jeopardize foreign trade order, the competent foreign trade Department under the State Council can take against the operators of goods, technologies and other measures to eliminate hazards.
    34th article in foreign trade activities in the, shall not has following behavior: (a) forged, and variable made import and export goods origin mark, forged, and variable made or sale import and export goods origin certificate, and import and export license, and import and export quota proved or other import and export proved file; (ii) cheat export rebate; (three) smuggling; (four) escape legal, and administrative regulations provides of certification, and test, and quarantine; (five) violation legal, and administrative regulations provides of other behavior.
    35th in foreign trade activities foreign trade dealers shall comply with State regulations on foreign exchange control.
    36th in violation of the provisions of this law, against the foreign trade order, competent foreign trade Department under the State Council can be announced to the public. Seventh chapter foreign trade survey 37th article to maintenance foreign trade order, State foreign trade competent sector can itself or with State other about sector, in accordance with legal, and administrative regulations of provides on following matters for survey: (a) goods import and export, and technology import and export, and international service trade on domestic industry and competitiveness of effect; (ii) about national or area of trade barriers; (three) for determine whether should law take anti-dumping, and anti-subsidies or guarantees measures, foreign trade relief measures,
    Need survey of matters; (four) avoid foreign trade relief measures of behavior; (five) foreign trade in the about national security interests of matters; (six) for implementation this method seventh article, and 29th article second paragraph, and 30th article, and 31st article, and 32nd article third paragraph, and 33rd article third paragraph of provides, need survey of matters; (seven) other effect foreign trade order, need survey of matters.
Article 38th launch foreign trade investigation and issue a public notice by the competent foreign trade Department under the State Council.
Investigation may be conducted in a written questionnaire, hearing, field investigations, surveys and other ways.
    Foreign Trade Department of the State Council according to the survey, investigation report, or make a decision and announcement.
39th co-ordination of relevant units and individuals shall be given to foreign trade investigation and assistance.
    Competent foreign trade Department under the State Council and other relevant departments under the State Council and its staff are foreign trade investigation, aware of State secrets and commercial secrets confidential.
    Eighth chapter trade relief 40th State foreign trade investigation result, you can take advantage of trade relief measures.
    41st other country or region products at less than the normal value of dumped into China's market and cause material injury to an established domestic industry or threat of material injury, or caused material retardation to the establishment of a domestic industry, anti-dumping measures States can take, to eliminate or mitigate such harm or threat of injury or retardation.
    42nd national or lower than the normal value of the products in the area of exports to third country markets, China established domestic industry to cause material injury or threat of material injury, or cause material retardation to the establishment of a domestic industry, application by the domestic industry, authority responsible for foreign trade under the State Council may undertake consultations with the Governments of third countries, and requested it to take appropriate measures.
    The 43rd article import products directly or indirectly accepting exporting country or region specific subsidies of any kind, has been established to cause material injury or threat of material injury to the domestic industry, or caused material retardation to the establishment of a domestic industry, the State can take countervailing measures, eliminate or mitigate such harm, or threat of injury or retardation.
    44th due to a significant increase in the number of imported products, the production of similar products or products that compete directly with its domestic industries caused serious injury or threat of serious injury, the State may take the necessary safeguard measures to eliminate or mitigate such harm or threat of harm, and can provide the necessary support to the industry.
    Article 45th for other countries or service providers to provide services in the area of increased, to provide a similar service or services that compete directly with its domestic industrial damage or threat of damage, the State may take the necessary measures to eliminate or mitigate such harm, or threat of injury.
    Article 46th caused by third countries to restrict the import of a product into a substantial increase in the number of markets in China, established the damage caused to the domestic industry or threat of injury, or to obstruct the establishment of a domestic industry, the State may take the necessary measures, restrict the imports.
    47th article and People's Republic of China concluded or common participate in economic trade treaty, and agreement of national or area, violation Treaty, and agreement of provides, makes People's Republic of China according to the Treaty, and agreement enjoys of interests lost or damaged, or hinder Treaty, and agreement target achieved of, People's Republic of China Government right to requirements about national or area Government take appropriate of remedy measures, and can according to about Treaty, and agreement suspended or terminated perform related obligations.
    48th Foreign Trade Department under the State Council in accordance with this law and other relevant legal provisions, foreign trade and bilateral or multilateral consultations, negotiations and dispute settlement.
    49th competent foreign trade Department under the State Council and other relevant departments under the State Council shall set up import and export of goods, technologies and the international trade in services of the early warning and emergency mechanism, responding to emergencies and anomalies in foreign trade and safeguard national economic security.
    50th national foreign trade remedy measures to circumvent the provisions of this law, need anti-circumvention measures could be taken.
    Nineth chapters promote the 51st national foreign trade development strategy of foreign trade, establishing and perfecting the foreign trade promotion mechanism.
    52nd national foreign trade development needs, establishing and perfecting the financial institutions for foreign trade, establishment of a foreign trade development funds, venture funds.
    53rd State through import and export credit, export credit insurance, export tax rebates and other ways of promoting foreign trade, and the development of foreign trade.
    54th State to establish public information service system for foreign trade, foreign trade operators and other members of the public to provide information services.
    55th State shall take measures to encourage foreign trade operators to explore overseas markets, foreign investment, foreign engineering contracting and labor service cooperation with foreign countries in various forms, such as, the development of foreign trade.
56th foreign trade dealers may establish and join associations, chambers of Commerce.
    Relevant associations and chambers of Commerce should abide by laws and administrative regulations, in accordance with the Constitution to its members to provide trade-related services such as information, training, marketing, and play a role of coordination and self-discipline, and applications for foreign trade remedies in accordance with law, protect the interests of members and the industry, to recommend to the members of the Government departments concerned in foreign trade, foreign trade promotion activities.
    57th China international trade promotion organization in accordance with the Constitution outreach, exhibitions, provision of information, advisory services and other trade promotion activities.
    Article 58th State support and the promotion of small and medium enterprises to develop foreign trade.
    59th State support and promotion of national autonomous areas and economically under-developed areas to develop foreign trade.
    Tenth chapter legal responsibility 60th article violation this method 11th article provides, without authorized unauthorized import and export implemented state trade management of goods of, State foreign trade competent sector or State other about sector can at 50,000 yuan following fine; plot serious of, can since administrative punishment decided entered into force of day up three years within, not accepted violations people engaged in State trade management goods import and export business of application, or revoked has give its engaged in other State trade management goods import and export of authorized. 61st article import and export are prohibited from import and export of goods, or unauthorized import and export is restricted the import of goods by the customs in accordance with the provisions of relevant laws and administrative regulations and penalties constitutes a crime, criminal responsibility shall be investigated according to law.

Import and export belongs to ban import and export of technology of, or without license unauthorized import and export belongs to limit import and export of technology of, in accordance with about legal, and administrative regulations of provides processing, and punishment; legal, and administrative regulations no provides of, by State foreign trade competent sector ordered corrected, confiscated illegal proceeds, and at illegal proceeds 1 time times above five times times following fine, no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 10,000 yuan above 50,000 yuan following fine; constitute crime of, law held criminal.
    Since the entry into force of the decision on administrative penalty provided for in the preceding two paragraphs or criminal penalty judgment from the date of entry into force, the State Department in charge of Foreign Trade Department or other relevant departments under the State Council may, within three years put forward by inadmissible violations of import and export quotas or licensing applications, or prohibit the violator within a period of one to three years engaged in related goods and technology import and export activities.
62nd article engaged in belongs to ban of international service trade of, or without license unauthorized engaged in belongs to limit of international service trade of, in accordance with about legal, and administrative regulations of provides punishment; legal, and administrative regulations no provides of, by State foreign trade competent sector ordered corrected, confiscated illegal proceeds, and at illegal proceeds 1 time times above five times times following fine, no illegal proceeds or illegal proceeds insufficient 10,000 yuan of, at 10,000 yuan above 50,000 yuan following fine; constitute crime of, law held criminal.
    Foreign Trade Department under the State Council can prohibit the violator since the entry into force of the decision on administrative penalty prescribed in the previous day or criminal penalty judgment from the date of entry into force within a period of one to three years engaged in activities related to international trade in services.
Article 34th 63rd in violation of this law, in accordance with relevant laws, administrative regulations, the provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law.
    Foreign Trade Department under the State Council can prohibit the violator since the entry into force of the decision on administrative penalty prescribed in the previous day or criminal penalty judgment from the date of entry into force within a period of one to three years engaged in the foreign trade activities.
    64th in accordance with the method set forth in 61st to 63rd are prohibited from engaging in activities related to foreign trade, during the ban period, the Customs prohibition according to the competent foreign trade Department under the State Council shall make a decision, does not give to the foreign trade operators on the import and export of goods customs clearance formalities, the Foreign Exchange Management Department or designated foreign exchange banks shall not handle relevant foreign exchange settlement and sale procedures.
65th in accordance with this law is responsible for the management of foreign trade staff negligence, malpractice or abuse, to constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    In accordance with this law is responsible for the management of foreign trade staff use the convenience of duty, extort, or illegally accept someone else's property for the benefit of others, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    66th foreign trade activities of the parties in accordance with this law is responsible for the management of foreign trade sector specific administrative acts, may apply for administrative reconsideration or bring administrative proceedings.
    11th chapter by-laws article 67th military, fissionable and fusionable materials or this material is derivative material relating to foreign trade and the import and export of cultural products, otherwise stipulated by laws, administrative regulations, in accordance with its provisions. 68th State border areas and border trade and barter trade between bordering countries, adopt flexible measures, concessions and facilities.
    Specific measures shall be formulated by the State Council.
    69th People's Republic of China's separate customs territory shall not apply to this Act.
  70th article this law shall enter into force on July 1, 2004.