Date issued
】 【】 【1994.05.12
timely and effective implementation date
【Key Words】 【】 2004.07.01
111705200401
expiration date】 【Category 】 【Content
Foreign Economic Law
【Unit】 NPC Standing Committee issued
Republic of China 【Number】 Presidential Decree No. XV
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Foreign Trade Law (Amendment)
(1994 年 5 月 12 of the Eighth National People's Congress adopted the Seventh Meeting, 6 April 2004 Tenth National People's Congress Standing Committee of the Eighth 次会议修订, since July 1, 2004 effective)
Chapter I General Provisions
first in order to expand the outside world, developing foreign trade, maintaining foreign trade order, protecting the legitimate foreign trade rights, and promote the healthy development of socialist market economy, Republic of China.
Law shall be applicable to foreign trade and foreign trade-related intellectual property protection.
maintain the foreign trade as import and export, technology import, export and international trade in services.
third foreign trade department under the State Council in accordance with this Law shall be responsible for foreign trade.
The state shall implement a unified foreign trade system, encourage the development of foreign trade, to maintain fair and free foreign trade order.
Article
Republic of China under the principle of equality and mutual benefit, promote and develop with other countries and regional trade relations, customs union agreements concluded or acceded to, free trade agreements and other regional economic trade agreements, participation in regional economic organizations .
Article VI of the PRC in terms of foreign trade according to international treaties concluded or acceded to, agreements to other contracting parties MFN, national treatment and other treatment, or according to reciprocity, the principle of reciprocity by giving MFN, national treatment and other treatment.
Article
any country or region of the Republic of China in trade, discriminatory prohibition, restriction or other similar measures, the People of the State according to the actual situation or take corresponding measures in the region.
Chapter II Foreign Trade Operators
Article VIII maintain the foreign trade operator, is the law practice of industrial and commercial registration or other formalities, in accordance with this Law and other relevant laws and administrative regulations engaged in foreign trade activities of legal persons, other organizations or individuals.
Article IX in the import and export goods or technology import and export of foreign trade operators, should the foreign trade department of the State Council or its authorized agencies for registration; However, legal and administrative regulations and the provisions of the State Council department in charge of foreign trade, except without registration. The specific method for registration of foreign trade department under the State Council. Foreign trade operator registration is not in accordance with the regulations, the customs shall not handle the import and export goods declaration and clearance procedure.
Article
engaged in international service trade shall comply with this Law and other relevant laws and administrative regulations.
In overseas construction contracts or foreign labor cooperation shall possess the appropriate qualification or qualifications. The specific measures by the State Council.
Article XI
countries can import and export of certain goods subject to state trading administration. Management of goods subject to state trading import and export business only by authorized business; However, the state allows some amount of state trading of goods by non- authorized import and export business, except business. Management of the goods subject to state trading enterprises and the directory authorized by the foreign trade department of the State Council in conjunction with other relevant departments of the State Council to determine, adjust and publish.
violation of this section, first paragraph, subject to state trading without authorization management of import and export goods, the Customs shall not be released.
Article XII of foreign trade operator may accept other people's commission, within its business scope to handle foreign trade business.
Article XIII of foreign trade operators shall the foreign trade department under the State Council or the State Council according to law provisions of other relevant departments, submit to the authorities and their foreign trade activities and relevant documents information. The relevant authorities shall keep business secrets available.
Chapter III Import and Export of goods and technology import and export
state shall permit the free import and export of goods and technologies. However, legal and administrative regulations, except as otherwise provided.
XV foreign trade department under the State Council on the need to monitor imports and exports, imports and exports can be partly free automatic licensing for export and import of goods and publish the directory.
import and export goods subject to automatic licensing, the consignee, the consignor at the customs declaration procedures for the automatic licensing application before the State Council department in charge of foreign trade or its authorized agencies should be permitted; not for automatic licensing procedures, the Customs shall not release.
a free import and export of technology import and export should be the foreign trade department under the State Council or its authorized agencies for contract registration.
Article XVI
State for the following reasons, may restrict or prohibit the use of goods, technology import or export:
(a) maintenance of national security, social and public interests or public morals, necessary to restrict or ban the import or export;
(b) for the protection of human health or safety, animal,
belstaff shop, plant life or health, environmental protection,
belstaff jackets sale, need to restrict or prohibit the import or export;
(c) for the implementation of import and export of gold or silver on the measures necessary to restrict or ban the import or export;
(d) domestic shortage in supply or for the effective protection of exhaustible natural resources, the need to restrict or prohibit the export;
(e) country or region exports to the limited market capacity, need to restrict the export of;
(f) the severe disruption export order is necessary to restrict exports;
(vii) to establish or accelerate the establishment of a particular domestic industry, need to restrict imports;
(h) any form of agriculture, animal husbandry, fishery products are necessary to restrict imports;
(ix) to protect the country's international financial status and international balance the need to restrict imports;
(X) in accordance with laws, administrative regulations, restrict or prohibit other needs of the import or export;
(ten a) According to our international treaties concluded or acceded to, the provisions of the Agreement, the other need to limit or ban the import or export.
Article XVII State
fission,
belstaff panther jacket, fusion or derivative of such material material material-related goods, technology import and export, as well as arms, ammunition or other military supplies into the exports, can take any necessary measures to protect national security.
in war or for the maintenance of international peace and security, the state of goods, technology import and export can take any necessary measures.
Eighteenth
foreign trade department under the State Council in conjunction with other relevant departments of the State Council, in accordance with Article XVI of this Law and the provisions of Article XVII, formulate, revise and publish to restrict or prohibit the import and export of goods and technologies.
foreign trade department of the State Council, or by other relevant State Council, the State Council approved in the Law and Article XVI Article XVII within the scope of the preceding paragraph, the temporary decision to limit or prohibit directory other than the specific provisions of goods, technology import or export.
Article XIX
state goods import or export restrictions, quotas, licenses, etc. Management; on the technology import or export restrictions, the implementation of license management.
Quota and license management of goods and technologies shall be in accordance with the provisions of the State Council, the State Council department in charge of foreign trade by the State Council, or other relevant permission, may only be imported or exported.
some countries can import goods subject to tariff quota management.
Diershitiao import and export quotas, tariff quotas, foreign trade department of the State Council or other relevant departments of the State Council in their respective areas of responsibility, according to an open, fair, impartial and effective the principle of distribution. The specific measures by the State Council.
Article
a unified national system of conformity assessment of goods, according to relevant laws, administrative regulations, certification of import and export commodities, inspection and quarantine.
twenty-two countries of origin on imports and exports management. The specific measures by the State Council.
twenty-three pairs of cultural relics, wild animals, plants and their products, and other laws and administrative regulations have banned or restricted the import and export regulations, in accordance with relevant laws and administrative regulations regulations.
Chapter IV International Trade in Services
Article four of the PRC in the international trade in services, according to the international treaties concluded or acceded to the agreement made, grants the other contracting parties market access and national treatment.
twenty-five foreign trade department of the State Council and other relevant departments of the State Council, in accordance with this Law and other relevant laws, administrative regulations, international trade in services management.
twenty-six countries for the following reasons, you can restrict or ban international trade in services:
(a) maintenance of national security, social public interest or public morality necessary to restrict or prohibit;
(b ) for the protection of human health or safety, animal, plant life or health, environmental protection, need to limit or ban;
(c) to establish or accelerate the establishment of a particular domestic service industry, you need to limit;
(d) for the protection of national foreign exchange balance, you need to limit;
(e) in accordance with laws, administrative regulations, restrict or prohibit other needs;
(f) According to China concluded or acceded to international treaties, agreements provisions to restrict or prohibit other needs.
state shall on military-related international trade in services, as well as fission, fusion or derivative of such material the materials from the international trade in services,
belstaff leather jacket, you can take any necessary measures to protect national security.
in war or for the maintenance of international peace and security, countries in international trade in services may take any necessary measures.
Under the State Council department in charge of foreign trade in conjunction with other relevant departments of the State Council, in accordance with the provisions of Article six, the second seventeen and other relevant laws, administrative regulations, develop, adjust and publish the market access for international trade in services directory.
Chapter and foreign trade-related intellectual property protection
The State
twenty-ninth of intellectual property rights in accordance with relevant laws and administrative regulations, protect trade-related intellectual property rights.
Imported goods infringe intellectual property rights and endangers the foreign trade order, the State Council department in charge of foreign trade within a certain period can be taken against the infringer production, sales and other measures concerning imports of goods.
intellectual property rights of third ten people have to stop the licensee of intellectual property licensing contract questioning the validity of the mandatory package licensing, exclusivity provisions in the licensing contract grant back conditions, acts, and against the fair competition order of foreign trade , foreign trade department of the State Council may take necessary measures to eliminate the hazard.
第三十一条 other countries or regions in the People's Republic of intellectual property protection is not given to legal persons, other organizations or individuals of national treatment, or can not be derived from the People's Republic of goods, technology or services to provide adequate and effective intellectual property protection, foreign trade department of the State Council may, in accordance with this Law and other relevant laws, administrative regulations and in accordance with Republic of China or the international treaties,
belstaff sale, agreements, and with the country or the region's trade to take the necessary measures.
Chapter VI Foreign Trade Order
thirty-second amended, in foreign trade business activities shall not violate antitrust laws, administrative regulations, monopolistic behavior.
in foreign trade activities in the implementation of the monopolizing act fair market competition, in accordance with the relevant anti-monopoly laws and administrative regulations of the regulations. Violations in the preceding paragraph, and endangers the foreign trade order, the foreign trade department of the State Council may take necessary measures to eliminate the hazard.
thirty-third amended, in foreign trade business activities shall not be implemented in order to improperly sell low-priced goods, bid-rigging, false advertising, unfair competition, commercial bribery and other acts of.
in foreign trade activities in the implementation of the acts of unfair competition, anti-unfair competition in accordance with relevant laws and administrative regulations of the regulations.
violations in the preceding paragraph, and endangers the foreign trade order, the State Council department in charge of foreign trade can be taken against the operator of the goods, technology import and export and other measures to eliminate hazards.
thirty-fourth amended, in foreign trade activities, the following acts are prohibited:
(a) forging or altering marks of origin of import and export goods, forged, altered or trading goods, the certificate of origin, import and export licenses, import and export quota certificates or other documents;
(b) of defrauding export tax rebates;
; (c) smuggling;
(d) avoid legal and administrative regulations of the certification, inspection and quarantine;
(e) violation of the law, administrative regulations of the other acts.
thirty-fifth of foreign trade operators in the foreign trade business activities shall observe the relevant provisions of foreign exchange.
thirty-sixth violation of this Law, against the order of foreign trade, foreign trade department of the State Council may apply to the public.
Chapter VII of the Foreign Trade Investigation
third seventeen in order to maintain the foreign trade order, the State Council department in charge of foreign trade for their own or jointly with other relevant departments of the State Council, in accordance with laws, administrative regulations on the following matters investigation:
(a) import and export, technology import and export, international trade in services on domestic industries and their competitiveness;
(b) the country or regional trade barriers;
(c) shall be taken to determine whether anti-dumping, countervailing and safeguard measures of foreign trade remedy measures, need to investigate the matter;
; (d) to avoid the behavior of foreign trade remedies;
(v) Foreign trade matters related to national security interests;
(f) for the implementation of this Act Article VII, the second paragraph nineteen, and the third ten, 第三十一条, third paragraph of Article thirty-second, thirty-third through article, need to investigate the matter;
(vii) other effects of foreign trade order, need to investigate the matter.
third eighteen start foreign trade investigations, foreign trade department of the State Council issued a public notice.
investigation may be written questionnaire, holding hearings, field investigations, entrusted investigations and other ways.
foreign trade department of the State Council, according to survey results, an investigation report or make decision and announcement.
thirty-ninth units and individuals relating to Article foreign trade investigation shall offer cooperation and assistance.
foreign trade department of the State Council and the State Council and its staff in other departments of foreign trade investigation on any state secrets and commercial secrets confidentiality.
Chapter VIII Foreign Trade Remedies
ten countries under the fourth survey of foreign trade, may take appropriate foreign trade remedies.
第四十一条 other countries or regions with less than normal value products dumped into China market, the established domestic industries have caused substantial damage or threat of material injury, the establishment of a domestic industry or material retardation, the State may take anti-dumping measures to eliminate or mitigate such injury or threat of injury or retardation.
forty Bar to other countries or regions with lower than normal value of products exported to third country markets, China has established domestic industries have caused substantial damage or threat of material injury, Establishing a domestic industry or to cause a material impediment should apply for the domestic industry, foreign trade department of the State Council, with the third country in its negotiations, asking them to take appropriate measures.
forty of imported products directly or indirectly by the exporting country or region specificity of any form of subsidies to the established domestic industries have caused substantial damage to or threat of material injury, or materially retards the establishment of a domestic industry, the State may take countervailing measures to eliminate or mitigate such injury or threat of injury or retardation.
fourth fourteen the number of imported products due to substantial increase in the production of similar products or directly competitive products or serious damage to domestic industry, threat of serious injury,
belstaff motorcycle jackets, the state can take the necessary protection measures to eliminate or mitigate such injury or threat of injury, and can provide the necessary support to the industry.
fourth fifteen other countries or regions due to the service providers to increase services provided to our country, to provide the same service or services in direct competition with domestic industry or to produce damage threat of injury, the state may take necessary relief measures to eliminate or mitigate such injury or threat of injury.
fourth sixteen restriction for third country products imported into China caused a large increase in the number of markets that have been established domestic industries have caused damage or threat of injury, or obstructing the establishment of domestic industries, the state may take necessary relief measures to restrict the import of the product.
Forty-seventh pieces of China has concluded or acceded to economic and trade treaties, agreements, country or region, in violation of treaty agreements, the Republic of China under the Treaty, Agreements have lost or damaged the interests of, or hinder the treaties and agreements to achieve the objective of the Government of the PRC the right to request the relevant country or region to take appropriate remedial measures, and according to the relevant treaties, agreements to suspend or terminate performance of relevant obligations.
forty-eighth foreign trade department under the State Council in accordance with this Law and other relevant laws, conduct bilateral or multilateral foreign trade consultations, negotiations and dispute settlement.
forty-ninth foreign trade department under the State Council and other relevant State Council shall establish import and export, technology import, export and international trade in services and early warning mechanisms to deal with foreign trade sudden and unusual circumstances to safeguard national economic security.
fifth ten countries to avoid this law behavior of foreign trade remedies, may take necessary anti-circumvention measures.
Chapter IX Foreign Trade Promotion
第五十一条 countries to develop foreign trade development strategy, establish and improve the foreign trade promotion mechanism.
The State
fifty foreign trade, development, establishment and improvement of services for foreign trade and financial institutions, the establishment of foreign trade development funds, venture funds.
the first fifty-three countries, through export credits, export credit insurance, export tax rebates and other ways to promote foreign trade, the development of foreign trade.
the first fifty-four countries foreign trade public information service system, to foreign trade operators and other public information services.
fifth State shall take measures to encourage foreign trade operators to explore the international market, foreign investment, foreign project contracting and foreign labor cooperation and other forms, the development of foreign trade.
Fifty-sixth of foreign trade operators can legally establish and join relevant associations, chambers of commerce.
relevant associations and chambers of commerce shall abide by laws and administrative regulations, in accordance with the articles of association provides its members with foreign trade-related production, marketing, information, training and other services, coordination and self-regulatory role, according to the law made on the application of foreign trade remedy measures, maintaining the interests of members and the industry, members of the government departments concerned in the proposal related to foreign trade, promote foreign trade activities.
fifth seventeen international trade promotion organizations in accordance with the constitutions of foreign relations, sponsor exhibitions, provide information, advisory services and other foreign trade promotion activities.
The State shall support and promote SMEs in foreign trade.
fifty-ninth State shall support and promote the autonomous areas and economically less developed areas of foreign trade.
Chapter X Legal Liability
ten violation of the provisions provided in Article VI, unauthorized import and export state trading of goods, foreign trade department of the State Council or other relevant State Council department and may be fined fifty thousand; circumstances are serious, the administrative penalty decision may, within three years from the effective date, will not be considered an offense to engage in state-run import and export trade management applications for business, or revocation of the state has given its trade in other management of import and export license.
第六十一条 import and export of goods that are banned from import or export is restricted without permission import and export of goods by the Customs in accordance with relevant laws and administrative regulations shall be dealt with punishment; constitute a crime, shall be held criminally responsible.
import and export of technologies that are banned from import and export, import and export are restricted or unauthorized export of technology, in accordance with relevant laws and administrative regulations, treatment, punishment; laws and administrative regulations not provided for by the foreign trade department of the State Council shall order correction, confiscate the illegal income, more than five times the illegal income and impose a fine, there is no illegal income or the illegal gains are less than ten thousand yuan, a fine between fifty thousand yuan fine; constitutes a crime, shall be held criminally responsible.
from the previous two paragraphs of the effective date of the decision of administrative punishment or criminal punishment verdict from the date of entry into force, foreign trade department of the State Council or other relevant departments of the State Council can not accept violations within three years proposed by import and export quotas or permits, or prohibit the illegal people in more than one year within a period of three years engaged in the import and export of goods or technology operations.
sixty be engaged in international trade in services are prohibited, or without permission in restricted international trade in services, in accordance with relevant laws and administrative regulations shall be punished; laws and administrative regulations do not provide, and by the foreign trade department of the State Council shall order correction, confiscate the illegal income, more than five times the illegal income and impose a fine, there is no illegal income or the illegal income is less than one million, at one million yuan a fine of fifty thousand; constitute a crime shall be held criminally responsible.
foreign trade department of the State Council may prohibit the violator from the preceding paragraph the effective date of the decision of administrative punishment or criminal punishment verdict more than one year from the date of entry into force within a period of three years in the relevant international trade in services activities.
sixty-third violation of this thirty-fourth article, in accordance with relevant laws and administrative regulations shall be punished; constitute a crime, shall be held criminally responsible.
foreign trade department of the State Council may prohibit the violator from the preceding paragraph the effective date of the decision of administrative punishment or criminal punishment verdict more than one year from the date of entry into force within a period of three years in the relevant external trade activities.
sixth fourteen to sixty-third in accordance with Article 第六十一条 article is prohibited from engaging in business activities related to foreign trade, the prohibition period, the Department of Foreign Trade under the State Council competent authorities according to law the prohibition decision, the operators of foreign trade import and export goods shall not handle customs clearance procedures, foreign exchange management department or designated foreign exchange banks shall not process the settlement, sales procedures.
sixth fifteen charge of foreign trade administration in accordance with the work of the department who neglects his duty, favoritism or abuse of power, constitutes a crime shall be investigated for criminal responsibility; not constitutes a crime, shall be given administrative sanctions .
charge of foreign trade administration in accordance with the work of the department who, taking advantage of his position, ask for other people's property or illegally accept other people's property interests for others, constitutes a crime, shall be held criminally; not constitute a crime shall be given administrative sanctions.
sixty-sixth of foreign trade business activities in accordance with this Law, the parties responsible for the management of foreign trade made by the department refuses to accept a specific administrative act, may apply for administrative reconsideration or to the people's court administrative proceedings .
Chapter XI Supplementary Provisions
sixty-seventh Ordinances and military, to fissionable materials or substances derived from such substances management and foreign trade import and export of cultural products, management, legal, administrative regulations otherwise provide, in accordance with its provisions.
The state of the sixty-eighth
border areas of neighboring countries border trade and border trade between the trade, to take flexible measures, provides favorable conditions and convenience. The specific measures by the State Council.
separate customs territories of the sixty-ninth s Republic of China Law shall not apply.
This Law Article ten
July 1, 2004 shall come into force.
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