the Ministry of Commerce Order of the Ministry of Commerce of the People’s Republic of China No. 17 The Measures on the Notification of Illegal and Irregular Acts of Foreign Trade Operators, which were adopted upon deliberation at Minister of the Ministry of Commerce, Bo Xilai August 23, 2005 Measures on the Notification of Illegal and Irregular Acts of Foreign Trade Operators Article 1 With a view to maintaining fair and free foreign trade order, these Measures are formulated in accordance with the Foreign Trade Law Article 2 These Measures shall apply to those illegal and irregular foreign trade operators that violate any of the provisions of the Foreign Article 3 The term “foreign trade operator” as mentioned in these Measures refers to a legal person, or any other organization or individual Article 4 The Ministry of Commerce is responsible for the communication, coordination and collection of information about illegal and irregular The Ministry of Commerce and local competent commerce departments shall establish an information exchange and coordination mechanism Article 5 The illegal and irregular foreign trade operator and its acts notified to the general public refers to any of the following acts committed (1) Importing or exporting any goods or technology that is prohibited from being imported or exported, or importing or exporting without (2) Importing or exporting, without authorization, any of the goods subject to the administration of state-trading regime in violation (3) Undertaking any banned international service trade, or unlawfully undertaking any restricted international service trade; (4) The importing or exporting of goods has infringed on any intellectual property right and, or has undermined the foreign trade order; (5) Conducting any act of monopolization against the relevant laws or administrative regulations on anti-monopolization; (6) Conducting such unfair competition acts as selling commodities at unjustifiably low prices, colluding in the bidding, running false (7) Counterfeiting or altering the marks of origin of the imported or exported goods, counterfeiting, altering, buying or selling the (8) Defrauding export tax refunds; (9) Smuggling; (10) Evading attestations, inspections or quarantines as prescribed by laws or administrative regulations; (11) Violating the provisions of the state concerning foreign exchange administration; or (12) Committing, in violation of the laws or administrative regulations, any other act that undermines the foreign trade order. Article 6 The notification of the information about illegal and irregular acts of foreign trade operators shall includes: (1) The operator’s name, code of organization, domicile, place of business, legal representative and the industrial and commercial registration (2) Illegal or irregular acts; and (3) Punishment or criminal liabilities that shall be imposed according to the laws or administrative regulations. Article 7 Where a foreign trade operator, which has been imposed upon administrative punishment or investigated for criminal liabilities, is (1) An administrative reconsideration or lawsuit is filed within the prescribed time limit, but the final decision, ruling or judgment (2) Any information is prohibited from being disclosed as prescribed by any law or regulation because it involves the national security Article 8 The Ministry of Commerce shall, in line with the principles of fairness and justice, notify the general public of those illegal or Article 9 Where a functionary responsible for notifying according to these Measures neglects his/her duty and causes any adverse influence or Article 10 The power to interpret these Measures shall remain with the Ministry of Commerce. Article 11 These Measures shall go into effect as of September 1, 2005. |
the Ministry of Commerce
2005-08-23