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The Ministry Of Commerce Promulgated The Provisions On The List Of Unreliable Entities

2020/9/21 17:19:00 0

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Ministry Of Commerce List Of Unreliable Entities

（1） Endangering China's national sovereignty, security and development interests;

Foreign entities mentioned in these Provisions include foreign enterprises, other organizations or individuals.

Article 3 The Chinese government adheres to an independent foreign policy, adheres to the basic principles of international relations such as mutual respect for sovereignty, non-interference in each other's internal affairs, equality and mutual benefit, opposes unilateralism and protectionism, resolutely upholds the national core interests, upholds the multilateral trading system, and promotes the construction of an open world economy.

Article 4 The State shall establish a working mechanism (hereinafter referred to as the working mechanism) with the participation of relevant departments of central state organs to be responsible for the organization and implementation of the list system of unreliable entities. The working mechanism office is set up in the competent commercial department of the State Council.

Article 5 The working mechanism shall decide whether to investigate the acts of the foreign entity concerned in accordance with its functions and powers or according to the suggestions and reports of the relevant parties; if it decides to conduct an investigation, it shall be announced.

Article 6 The working mechanism may investigate the acts of relevant foreign entities by asking the parties concerned, consulting or copying relevant documents and materials and other necessary means. During the investigation, the foreign entity concerned may make statements and plead.

（1） The degree of harm to China's national sovereignty, security and development interests;

（3） Whether it conforms to the international economic and trade rules;

（1） Restrict or prohibit them from engaging in import and export activities related to China;

（3） Restrict or prohibit the entry of relevant personnel, means of transportation, etc;

（5） A fine of corresponding amount shall be imposed according to the seriousness of the case;

The handling measures mentioned in the preceding paragraph shall be implemented by the relevant departments in accordance with the division of responsibilities, and other relevant units and individuals shall cooperate in the implementation.

Article 11 If the announcement of listing the relevant foreign entity in the list of unreliable entities specifies the time limit for the correction of the foreign entity, the measures prescribed in Article 10 of these Provisions shall not be taken within the time limit; if the relevant foreign entity fails to correct its behavior within the time limit, the relevant foreign entity shall be dealt with in accordance with the provisions of Article 10 of these provisions.

Article 12 If the foreign entity concerned is restricted or prohibited from engaging in import and export activities related to China, and if Chinese enterprises, other organizations or individuals really need to conduct transactions with the foreign entity under special circumstances, they shall apply to the working mechanism office, and may conduct corresponding transactions with the foreign entity upon approval.

Article 13 According to the actual situation, the working mechanism may decide to remove the foreign entity concerned from the list of unreliable entities; if the relevant foreign entity corrects its behavior and takes measures to eliminate the consequences of the act within the time limit specified in the announcement, the working mechanism shall make a decision to remove the foreign entity from the list of unreliable entities.

The decision to remove relevant foreign entities from the list of unreliable entities shall be announced; the measures taken in accordance with Article 10 of these Provisions shall be suspended from the date of promulgation of the announcement.

Article 14 These Provisions shall come into force as of the date of promulgation.