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Measures For Announcement Of Foreign Trade Violations

Original Language Title: 对外贸易经营者违法违规行为公告办法

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(Released August 23, 2005 by Ministry of Commerce, 2005 17th as of September 1, 2005) first to maintain fair and free foreign trade order, in accordance with the People's Republic of China foreign trade law (hereinafter referred to as the Foreign Trade Act) and other provisions of the relevant laws and administrative regulations, the formulation of the approach.
    Second approach applies in foreign trade and trade-related aspects of intellectual property rights protection, in violation of the provisions of the foreign trade law, illegal foreign trade operators and acts that endanger the foreign trade order.
    Third foreign trade operators in these measures refers to industrial and commercial registration or other formalities according to law, according to the foreign trade law and other relevant laws and administrative regulations in the foreign trade activities of legal persons, other organizations or individuals.
    The fourth Ministry of Commerce is responsible for communication and coordination information, collect illegal foreign trade operators and their behavior, and through the official website and selected national publications to announce violation of foreign trade operators and their behavior.
    Ministry of Commerce and the local competent Commerce authorities and the customs, taxation, industry and commerce, quality control, Foreign Exchange Administration, police, courts and other competent authorities to establish a mechanism for information exchange and coordination.
    Fifth to society announcements of illegal foreign trade operators and their behavior, refers to the foreign trade activities of any of the following acts, and punished in accordance with laws, administrative regulations, or being investigated for criminal responsibility according to law: (a) import and export is prohibited the import and export of goods, technology, or unauthorized import and export are limited in the import and export of goods and technologies.
    (B) the breach of State trading regulations, non-authorized acts without authorization, import and export of goods subject to state trading.
    (C) the international services of engaging in prohibited trading, without permission to engage in international trade in services is restricted.
    (D) the import and export of goods infringing intellectual property rights, and acts against the foreign trade order.
    (E) violation of antitrust provisions of laws and administrative regulations of monopolistic behavior.
    (Vi) implementation of selling goods at unfair low price, bid-rigging, false advertising, commercial bribery and other acts of unfair competition.
    (G) forging or altering the mark of origin of import and export goods, forging, altering or trading import and export certificates of origin, proof of import or export licenses, import quotas and other import and export documents.
    (VIII) defrauding export tax refunds.
    (I) the smuggling.
    (J) law, administrative regulations, certification, inspection, and quarantine.
    (11) in violation of the relevant foreign exchange regulations.
    (12) violation of laws, administrative regulations and other acts that endanger the foreign trade order.
    Sixth violation posting foreign trade operators information, including: (a) the operator's name, organization code, residence, place of business,, business registration number of the legal representative.
    (B) violations.
    (C) in accordance with the laws and administrative regulations by the process, penalties and liability for the content.
    Seventh article on has by administrative punishment, and or has was law held criminal of foreign trade operators, but belongs to following situation one of of, not or temporarily not be announcement: (a) in legal provides of effective term within on administrative punishment filed administrative reconsideration or administrative litigation, but yet made final sex decided, and ruled or judgment of; (ii) involved national security, and commercial secret, legal, and regulations provides not disclosure of.
    The eighth article of Commerce in accordance with the principles of fairness and justice, announced to the public against illegal foreign trade operators foreign trade order and its behavior.
    Nineth dereliction in accordance with this method is responsible for making an announcement, to adversely affect the foreign trade operators and loss, take responsibility according to the relevant laws and regulations, and those responsible held accountable leadership.
    The tenth article of the approach by the Ministry of Commerce is responsible for the interpretation.
    11th these measures shall come into force on September 1, 2005.