Law Of The People'S Republic Of China On Foreign Trade

(adopted at the seventh session of the Standing Committee of the Eighth National People's Congress in May 12, 1994 and revised by the eighth session of the Standing Committee of the Tenth National People's Congress in April 6, 2004)

Catalog

general provisions

The second chapter is foreign trade operators.

The third chapter imports and exports of goods and technology import and export

The fourth chapter is international service trade.

The fifth chapter is about the protection of intellectual property rights related to foreign trade.

Sixth chapter foreign trade order

The seventh chapter is foreign trade survey.

The eighth chapter is foreign trade relief.

The ninth chapter is about foreign trade promotion.

The tenth chapter is legal liability.

Eleventh chapter supplementary provisions

general provisions

Article 1 this law is formulated for the purpose of opening wider to the outside world, developing foreign trade, maintaining the order of foreign trade, protecting the legitimate rights and interests of foreign trade operators, and promoting the healthy development of the socialist market economy.

The second law applies to foreign trade and the protection of intellectual property rights related to foreign trade.

The term "foreign trade" as mentioned in this Law refers to the import and export of goods, the import and export of technology, and international trade in services.

Third the competent foreign trade department under the State Council shall be responsible for the work of foreign trade in the whole country in accordance with this law.

The fourth countries implement a unified foreign trade system, encourage the development of foreign trade and maintain a fair and free foreign trade order.

The fifth People's Republic of China promotes and develops trade relations with other countries and regions in accordance with the principle of equality and mutual benefit, concluding or participating in regional economic and trade agreements such as customs union agreements and free trade area agreements, and participating in regional economic organizations.

Article sixth in terms of foreign trade, People's Republic of China shall be accorded to other parties, the most favored nation treatment and national treatment of the participating parties in terms of foreign trade, or to grant the most favored nation treatment and national treatment to the other party on the basis of reciprocity and reciprocity.

Seventh, any country or region adopting discriminatory prohibitions or restrictions or other similar measures against People's Republic of China in the trade aspect, People's Republic of China may take corresponding measures to the country or the region according to the actual situation.

The second chapter is foreign trade operators.

Article eighth the term "foreign trade operator" as mentioned in this Law refers to a legal person or other organization or individual engaging in foreign trade business activities in accordance with the provisions of this Law and other relevant laws and administrative regulations in accordance with the law.

The ninth foreign trade operators engaged in the import and export of goods or the import and export of technology shall register with the competent department of foreign trade under the State Council or the agencies entrusted by them. However, unless the laws, administrative regulations and the competent foreign trade department under the State Council do not need to register for registration,

The specific measures for registration shall be prescribed by the Department in charge of foreign trade under the State Council.

If the foreign trade operator fails to register in accordance with the regulations, the customs shall not handle the procedures of customs declaration and examination and approval for import and export goods.

Article tenth in international trade in services, the provisions of this Law and other relevant laws and administrative regulations shall be observed.

Units engaged in external engineering contracting or foreign labor cooperation shall have corresponding qualifications or qualifications.

Specific measures shall be formulated by the State Council.

The eleventh countries can manage the import and export of some goods by means of state run trade.

The import and export business of goods managed by state run trade can only be operated by authorized enterprises. However, the state allows part of the import and export business of state-run trade managed goods except those operated by unauthorized enterprises.

The catalogue of goods that are subject to state trading management and authorized enterprises shall be determined, adjusted and promulgated by the Department of foreign trade under the State Council together with other relevant departments under the State Council.

In violation of the provisions of the first paragraph of this article, the customs shall not release the goods imported or exported by the state trade.

The twelfth foreign trade operators can accept others' entrustment and handle foreign trade business within their business scope.

The thirteenth foreign trade operators shall submit relevant documents and materials related to their foreign trade activities to the relevant departments in accordance with the provisions made by the competent foreign trade department under the State Council or other relevant departments of the State Council in accordance with the law.

The relevant departments should guard business secrets for the providers.

The third chapter imports and exports of goods and technology import and export

The fourteenth countries allow free import and export of goods and technology.

However, unless otherwise stipulated by laws and administrative regulations,

Fifteenth the Department in charge of foreign trade under the State Council, based on the needs of monitoring import and export, may import and export automatic licenses for some free imports and exports and publish their catalogues.

If the consignee or consignor applies for an automatic license before the consignee or consignor implements automatic licensing, the Department in charge of foreign trade under the State Council or the institution entrusted by it shall grant permission.

Import and export technologies that belong to free import and export shall be filed with the competent foreign trade department under the State Council or the agencies entrusted by them.

Sixteenth countries may restrict or prohibit the import or export of goods and technologies for the following reasons:

(1) to restrict or prohibit importation or export in order to safeguard national security, social public interest or public morality;

(two) in order to protect human health or safety, protect the life and health of animals and plants, and protect the environment, it is necessary to restrict or prohibit importation or export.

(three) in order to implement measures related to the import and export of gold or silver, it is necessary to restrict or prohibit import or export.

(four) the shortage of domestic supply or the effective protection of natural resources that may be exhausted is required to restrict or prohibit export;

(five) exports to countries or regions with limited market capacity need to be restricted.

(six) there is a serious disorder in the order of export operation, which needs to restrict exports.

(seven) to establish or accelerate the establishment of domestic specific industries, import is restricted.

(eight) it is necessary to restrict imports to any form of agriculture, animal husbandry and fishery products.

(nine) in order to protect the international financial position and balance of payments of the country, it is necessary to restrict imports.

(ten) other restrictions or prohibitions on importation or export in accordance with the provisions of laws and administrative regulations;

(eleven) other restrictions or prohibitions on importation or export shall be made according to the provisions of international treaties or agreements concluded or acceded to by China.

The seventeenth countries may take any necessary measures to safeguard imports and exports of goods and technologies related to fission, fusion materials or substances derived from such substances, and import and export related to weapons, ammunition or other military materials, so as to safeguard national security.

In wartime or in order to maintain international peace and security, the state can take any necessary measures in the import and export of goods and technologies.

Eighteenth the competent foreign trade department under the State Council, together with other relevant departments under the State Council, shall, in accordance with the provisions of sixteenth and seventeenth of this law, formulate, adjust and publish catalogues of goods or technologies that restrict or prohibit import and export.

The Department in charge of foreign trade under the State Council or by other relevant departments under the State Council may, with the approval of the State Council, temporarily decide to restrict or prohibit the import or export of specific goods and technologies other than those specified in the preceding paragraph within the limits set out in the sixteenth and seventeenth articles of this law.

The nineteenth country restricts the import or export of goods, such as quotas and permits, and permits the management of technologies restricting import or export.

Goods and technologies subject to quota and license management shall be imported or exported in accordance with the regulations of the State Council and approved by the Department in charge of foreign trade under the State Council or with other relevant departments under the State Council.

The state may impose tariff quota administration on some imported goods.

The twentieth quotas and tariff quotas for import and export goods shall be allocated by the Department in charge of foreign trade under the State Council or other relevant departments under the State Council within the scope of their respective responsibilities, in accordance with the principles of openness, fairness, fairness and efficiency.

Specific measures shall be formulated by the State Council.

The twenty-first countries implement a unified conformity assessment system for goods, and carry out certification, inspection and Quarantine of import and export commodities in accordance with the relevant laws and administrative regulations.

The twenty-second country manages the origin of imported and exported goods.

Specific measures shall be formulated by the State Council.

The twenty-third article prohibits or restricts the import and export provisions of cultural relics, wildlife, plants and their products, and other laws and administrative regulations, and shall be implemented in accordance with the relevant laws and administrative regulations.

The fourth chapter is international service trade.

Article twenty-fourth People's Republic of China shall grant market access and national treatment to other contracting parties and participants in accordance with the commitments made in international treaties or agreements concluded or participated in international trade in services.

Twenty-fifth the competent foreign trade department under the State Council and other relevant departments under the State Council shall manage the international trade in services in accordance with this Law and other relevant laws and administrative regulations.

Twenty-sixth countries can restrict or prohibit international trade in services for the following reasons:

(1) to restrict or prohibit the maintenance of national security, social public interest or public morality;

(two) it is necessary to restrict or prohibit the protection of human health or safety, the protection of the life and health of animals and plants, and the protection of the environment.

(three) to establish or accelerate the establishment of a specific service industry in China, there is a need to limit it.

(four) in order to ensure the balance of foreign exchange and expenditure of the state, it needs to be limited.

(five) other restrictions or prohibitions are required in accordance with the provisions of laws and administrative regulations.

(six) in accordance with the provisions of international treaties or agreements concluded or acceded to by China, other restrictions or prohibitions are required.

The twenty-seventh countries can take any necessary measures to safeguard national security against international trade in services related to military affairs, and international trade in services related to fission, fusion substances or substances derived from such substances.

In wartime or in order to maintain international peace and security, the state can take any necessary measures in the field of international service trade.

Twenty-eighth the competent foreign trade department of the State Council, together with other relevant departments under the State Council, shall formulate, adjust and promulgate the list of market access for international service trade in accordance with the twenty-sixth, twenty-seventh and other relevant laws and administrative regulations of this law.

The fifth chapter is about the protection of intellectual property rights related to foreign trade.

The twenty-ninth countries protect intellectual property rights related to foreign trade in accordance with relevant laws and administrative regulations on intellectual property rights.

If the import goods infringe upon intellectual property rights and infringe upon the foreign trade order, the competent foreign trade department under the State Council may take measures to prohibit the importing and selling of the relevant goods within a certain period of time.

The thirtieth intellectual property obligee has one of the actions that prevent the Licensee from questioning the validity of the intellectual property rights in the license contract, making compulsory package licensing, and stipulate exclusionary return conditions in the licensing contract, and endangering the fair competition order of foreign trade. The competent foreign trade department under the State Council can take necessary measures to eliminate the danger.

The thirty-first other countries or regions do not grant national treatment to the legal persons, other organizations or individuals in People's Republic of China in respect of intellectual property protection, or do not provide sufficient and effective intellectual property rights protection for goods, technologies or services originate from People's Republic of China. The competent foreign trade department under the state Council may, in accordance with the provisions of this Law and other relevant laws and administrative regulations, and conclude People's Republic of China according to the provisions of this Law and other relevant laws and administrative regulations.