(Adopted at the 7th Session of the Standing Committee of the 8th National People’s Congress and Promulgated on May 12, 1994 and amended at the 8th Session of the Standing Committee of the 10th National People’s Congress and Promulgated on April 6, 2004)
Chapter I Principles
Article 1 This Law is formulated with a view to enlarging opening to the outside world, developing the foreign trade, maintaining the foreign trade order, protecting the legal rights of foreign trade dealers and promoting a healthy development of the socialist market economy.
Article 2 This Law is applicable to foreign trade and intellectual property protection concerning foreign trade.
Foreign trade as mentioned in this Law shall cover the import and export of goods, technologies and the international trade in services.
Article 3 The authority responsible for foreign trade and economic relations under the State Council is in charge of the administration of the foreign trade of the entire country pursuant to this Law.
Article 4 The State shall apply the foreign trade system on a uniform basis, encourage the development of its foreign trade and maintain a fair and free foreign trade order in accordance with law.
Article 5 The People’s Republic of China promotes and develops trade ties with other countries and regions, enters into or participates customs unions agreement, free trade zone agreement and other regional economic trade agreement and attends regional economic organisation on the principles of equality and mutual benefit.
Article 6 The People’s Republic of China shall, under international treaties or agreements to which the People’s Republic of China is a contracting party or a participating party, grant the other contracting parties or participating parties most-favoured-nation treatment or national treatment within the field of foreign trade, or on the participles of mutual advantage and reciprocity, grant the other party most-favoured-nation treatment or national treatment.
Article 7 In the event that any country or region applies discriminatory prohibition, restriction or other like measures against the People’s Republic of China in respect of trade, the People’s Republic of China may, as the case may be, take counter-measures against the country or region in question.
Chapter II Foreign Trade Dealers
Article 8 Foreign trade dealers as mentioned in this Law shall cover the legal entities, other organisations or individuals engaged in foreign trade dealings and fulfilled industrial and commercial registration or other practice procedures in compliance with the provisions of this Law and other laws and administrative regulations.
Article 9 A foreign trade dealer who intends to engage in the import and export of goods and technologies shall register in the authority responsible for foreign trade and economic relations under the State Council; but those who are not required to register according to laws, administrative regulations and rules from the authority responsible for foreign trade and economic relations under the State Council need not to register. The detailed measure of registration shall be stipulated by the authority responsible for foreign trade and economic relations under the State Council.
The foreign trade dealer who does not register as required, the Customs shall not permit its customs clearance concerning its imported or exported goods.
Article 10 The foreign trade dealer who intends to engage in the foreign service trade shall comply with this Law and other relevant laws and administrative regulations.
The entity who intends to engage in the foreign construction contract or foreign labour service cooperation shall obtain corresponding qualification. The detailed measure will be stipulated by the State Council.
Article 11 The State may implement state owned trade management upon import and export of some goods. The import and export business of those state owned trade management goods are only allowed to be operated by authorised entity. However, some non-authorisation entities permitted by the State are allowed to be engaged in the import and export business of state owned trade management.
The catalogue of goods and authorised entity of state owned trade management will be confirmed, adjusted and promulgated by the authority responsible for foreign trade and economic relations under the State Council and other relevant authorities.
The Customs will not allow the customs clearance for the entity who violates Clause 1 of this Article and import and export the state owned trade management goods without authorisation.
Article 12 The foreign trade dealer may accept others entrust to deal with foreign trade for others within its own business scope.
Article 13 The foreign trade dealer shall submit documents related to its foreign trade business according to the regulation of the authority responsible for foreign trade and economic relations under the State Council or other relevant authorities under the State Council. The relevant authorities shall keep the trade secrete confidential for the provider.