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The Standing Committee of the National People’s Congress Order of President of The People’s Republic of China No.15 Foreign Trade Law of The People’s Republic of China has been revised and adopted by the 8th Session of the Standing Committee of the President of The People’s Republic of China Hu Jintao April 6, 2004 Foreign Trade Law of The People’s Republic of China (Revised in 2004) ContentChapter 1 General Provisions Chapter 2 Foreign Trade Dealers Chapter 3 Import and Export of Goods and Technologies Chapter 4 International Trade in Services Chapter 5 Protection of Trade-related Aspects of Intellectual Property Rights Chapter 6 Foreign Trade Order Chapter 7 Foreign Trade Investigations Chapter 8 Foreign Trade Remedies Chapter 9 Foreign Trade Promotion Chapter 10 Legal Liabilities Chapter 11 Supplementary Provisions Chapter 1 General Provisions Article 1 This Law is formulated with a view to expanding the opening to the outside world, developing foreign trade, maintaining foreign trade Article 2 This Law applies to foreign trade and the protection of trade-related aspects of intellectual property rights. For the purposes of this Law, “foreign trade” refers to import and export of goods and technologies and the international trade in Article 3 The authority responsible for foreign trade under the State Council is in charge of the administration of the foreign trade of the Article 4 The State shall pursue a uniform foreign trade regime, encourage the development of foreign trade and maintain fair and free foreign Article 5 The people’s Republic of China shall, on the principle of equality and mutual benefit, promote and develop trade relations with other Article 6 The People’s Republic of China shall, in accordance with the international treaties and agreements to which it is a contracting party Article 7 In the event that any country or region applies prohibitive, restrictive or other like measures on a discriminatory basis against Chapter 2 Foreign Trade Dealers Article 8 For the purposes of this Law, “foreign trade dealers” refers to legal persons, other organizations or individuals that have fulfilled Article 9 Foreign trade dealers engaged in import and export of goods or technologies shall register with the authority responsible for foreign Article 10 The international trade in services shall be carried out in compliance with the provisions of this Law and other relevant laws and The units engaged in foreign contract of construction project or foreign labor cooperation shall be equipped with corresponding eligibility Article 11 The State may implement state trading on certain goods. The import and export of the goods subject to state trading shall be operated In the event of importation of the goods subject to state trading without authorization in violation of paragraph 1 of this Article, Article 12 Foreign trade dealers may accept the authorization of others and conduct foreign trade as an agent within its scope of business. Article 13 Foreign trade dealers shall, in accordance with the regulations laid down by the authority responsible for foreign trade under the Chapter 3 Import and Export of Goods and Technologies Article 14 The State permit free import and export of goods and technologies unless the laws or administrative regulations provide otherwise. Article 15 The authority responsible for foreign trade under the State Council may, in accordance with the need to supervise import and export, Where the consignee or the consigner of the imported or exported goods subject to automatic licensing submits the automatic licensing In the case of importing or exporting technologies subject to free import and export, the contracts thereof shall be registered with Article 16 The State may restrict or prohibit the import or export of relevant goods and technologies for the following reasons that: (1) the import or export needs to be restricted or prohibited in order to safeguard the state security, public interests or public morals, (2) the import or export needs to be restricted or prohibited in order to protect the human health or security, the animals and plants (3) the import or export needs to be restricted or prohibited in order to implement the measures relating to the importations and exportations (4) the export needs to be restricted or prohibited in the case of domestic shortage in supply or the effective protection of exhaustible (5) the export needs to be restricted in the case of the limited market capacity of the importing country or region, (6) the export needs to be restricted in the case of the occurrence of serious confusion in the export operation order, (7) the import needs to be restricted in order to establish or accelerate the establishment of a particular domestic industry, (8) the restriction on the import of agricultural, animal husbandry or fishery products in any form is necessary, (9) the import needs to be restricted in order to maintain the State’s international financial status and the balance of international (10) the import or export needs to be restricted or prohibited as laws and administrative regulations so provide, or (11) the import or export needs to be restricted or prohibited as the international treaties or agreements to which the state is a contracting Article 17 The State may, in the case of the import or export of the goods and technologies relating to fissionable and fissionable materials The State may, in the time of war or for the protection of international peace and security, take any measures as necessary in respect Article 18 The authority responsible for foreign trade under the State Council in conjunction with other relevant authorities under the State The authority responsible for foreign trade under the State Council independently or in conjunction with other relevant authorities Article 19 Goods subject to import or export restriction shall be subject to quota and/or licensing control; technologies whose import or export Import or export of any goods and technologies subject to quota and/or licensing control will be effected only with the approval of Certain imported goods may be subject to tariff rate quota control. Article 20 Quotas and tariff rate quotas of the imported and exported goods shall be distributed on the principles of transparency, equity, impartiality Article 21 The state shall implement the commodity assessment system in a uniform manner and in accordance with the provisions of relevant laws Article 22 The state shall implement origin management in respect of the imported and exported goods. Specific measures thererfor shall be laid Article 23 Where the import or export of cultural relics, wildlife animals, plants and the products thereof are prohibited or restricted by other Chapter 4 International Trade in Services Article 24 In respect of international trade in services, the People’s Republic of China shall, in accordance with the commitments made in international Article 25 The authority responsible for foreign trade under the State Council in conjunction with other relevant authorities under the State Article 26 The State may impose restrictions and prohibitions on the international trade in services for the reasons that: (1) restrictions or prohibitions are needed to safeguard the state security, public interests or public morals, (2) restrictions or prohibitions are needed to protect the human health or security, the animals and plants life or health or the environment, (3) restrictions are needed to establish or accelerate the establishment of a particular domestic service industry, (4) restrictions are needed to maintain the balance of international payment of the state, (5) restrictions or prohibitions are needed as laws and administrative regulations so provide, or (6) restrictions or prohibitions are needed as the international treaties or agreements to which the state is a contracting party or a Article 27 The State may, in the case of military-related international trade in services, as well as the international trade in services relating The state may, in the time of war or for the protection of international peace and security, take any measures as necessary in respect Article 28 The authority responsible for foreign trade under the State Council in conjunction with other relevant authorities under the State Chapter 5 Protection of Trade-Related Aspects of Intellectual Property Rights Article 29 The State shall, in accordance with laws and administrative regulations relevant to intellectual property rights, protect trade-related Where the imported goods infringe intellectual property rights and impair foreign trade order, the authority responsible for foreign Article 30 Where the intellectual property right owner is involved in any one of such practices as preventing the licensee form challenging the Article 31 If other countries or regions do not grant the legal persons, other organizations and individual from the People’s Republic of China Chapter 6 Foreign Trade Order Article 32 In foreign trade dealings, monopolistic behavior in violation of relevant provisions of anti-monopoly laws and administrative regulations In foreign trade dealings, any monopolistic behavior with the effect of eliminating market fair competition shall be disposed of in Article 33 In foreign trade activities, such unfair competition activities as selling the products at unreasonable low prices, colluding with Any unfair competitive practice conducted in the foreign trade activities shall be disposed of in accordance with relevant laws and Where any illegal activities as provided in the previous paragraph occur with the effect of impairing foreign trade order, the authority Article 34 The following practices are not allowed in foreign trade activities: (1) forgery, distortion of origin marks of the imported and exported goods; forgery, distortion or trading of origin certificates of imported (2) defrauding the State of the refunded tax on exports; (3) smuggling; (4) evading certification, inspection and quarantine inspection as provided by laws and administrative regulations; (5) other activities in violation of the provisions of laws and administrative regulations. Article 35 In foreign trade activities, foreign trade dealers shall act in compliance with relevant provisions of foreign exchange administration Article 36 The authority responsible for foreign trade under the State Council may give a notice to the public the activities in violation of Chapter 7 Foreign Trade Investigation Article 37 In order to maintain the foreign trade order, the authority responsible for foreign trade under the State Council may carry out investigations (1) the impact on the domestic industry as well as the competitive strengths of import and export of goods, import and export of technologies (2) trade barriers of relevant countries or regions; (3) matters needed to be investigated on in order to determine whether such foreign trade remedies as anti-dumping, countervailing or (4) activities that circumvent foreign trade remedies; (5) matters in relation to state security in foreign trade; (6) matters needed to be investigated on in order to enforce the provisions of Articles 7, 29(2),30,31,32(3) and 33(3). (7) Other matters which may have impact on foreign trade order and need to be investigated on. Article 38 The authority responsible for foreign trade shall give a notice in case of initiating foreign trade investigations. The investigation may take the form of questionnaires in writing, hearings, on-the-spot investigations, entrusted investigations and The authority responsible for foreign trade under the State Council shall, on the basis of the findings, submit investigation reports Article 39 Relevant units and individuals shall provide the foreign trade investigation with cooperation and assistance. The authority in charge of foreign trade and other authorities under the State Council as well as their staff members shall have the Chapter 8 Foreign Trade Remedies Article 40 The State may take appropriate foreign trade remedies on the basis of the findings of foreign trade investigation. Article 41 Where a product from other countries or regions is dumped into the domestic market at a price less than its normal value and under Article 42 Where the export of a product from other countries or regions to the market of a third country causes or threatens to cause material Article 43 Where an imported product has directly or indirectly accepts any specific subsidiary granted by the exporting country or region and Article 44 Where a product is being imported in substantially increased quantities and under such conditions as to cause or threaten to cause Article 45 Where the increase of services provided to China by the service suppliers from other countries or regions causes or threatens to cause Article 46 Where the restriction imposed by a third country on the import of a certain product causes the increase in quantities of such product Article 47 Where any country or region that enters into or participate in the economic and trade treaties or agreements with the People’s Republic Article 48 The authority responsible for foreign trade under the State Council shall carry out bilateral or multilateral foreign trade consultations, Article 49 The authority responsible for foreign trade under the State Council and the other relevant authorities under the State Council shall Article 50 The State may take necessary anti-circumvention measures against the activities circumventing the foreign trade remedies provided Chapter 9 Foreign Trade Promotion Article 51 The State formulates foreign trade expansion strategies, establishes and improves the foreign trade promotion mechanism. Article 52 The State shall establish and improve financial institutions for foreign trade and establish funds for foreign trade development and Article 53 The State may take such measures as import and export credit, export credit insurance, export tax refund and other foreign trade promotion Article 54 The State establishes the foreign trade public information service system, providing foreign trade dealers and the public with information Article 55 The State shall take measures to encourage foreign trade dealer to explore international market, and develop foreign trade by adopting Article 56 Foreign trade dealers may organize or participate in relevant associations or chambers of commerce for importers and exporters in Relevant associations or chambers of commerce shall abide by relevant laws and regulations, provide in compliance with their articles Article 57 The organization for the promotion of international trade in China shall, in accordance with its articles of association, engage in Article 58 The State shall support and facilitate the foreign trade carried out by small and medium-sized enterprises with small or middle scale. Article 59 The State shall support and promote the development of foreign trade in national autonomous areas and economically under-developed Chapter 10 Legal Liabilities Article 60 Anyone who imports or exports the goods subject to the state trading without authorization in violation of Article 11 of this Law Article 61 Anyone who imports and exports the goods of which import and export is prohibited, or imports and exports the goods of which import Anyone who imports and exports the technologies of which import and export is prohibited, or imports and exports the technologies The authority responsible for foreign trade under the State Council and other relevant authorities under the State Council may, from Article 62 Anyone who engages in the international trade in services subject to prohibition or engages in international trade in services subject The authority responsible for foreign trade under the State Council may, from the date when the administrative sanction decision or Article 63 Anyone who acts in violation of the provision of Article 34 of this Law shall be punished in accordance with relevant laws and administrative The authority responsible for foreign trade under the State Council may, from the date when the administrative sanction decision or
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