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Foreign Trade Law of the People’s Republic of China

Foreign Trade Law of the People’s Republic of China

 

Chapter III Import and Export of Goods and Technologies

Article 14 The State allows free import and export of goods and technologies except where laws or administrative regulations provided otherwise.

Article 15 For monitoring import and export, the authority responsible for foreign trade and economic relations under the State Council may give some free import and export goods automatic permission and promulgate its catalogue.

For the import and export goods in the automatic permission catalogue, the receiver or the deliverer shall apply for automatic application before customs clearance, the authority responsible for foreign trade and economic relations under the State Council or its authorised organisation shall approve the application. For those who do not apply for the automatic permission, the Customs would not give customs clearance.

For the import and export technologies in the automatic permission catalogue, the receiver or the deliverer shall put contract on record in the department in charge of foreign trade or its authorised organisation.

Article 16 The State may restrict or prohibit the import or export of goods or technologies for following reasons:

  1. Where the import or export shall be restricted or prohibited in order to safeguard the national security, public interest or public morality;
  2. Where the import or export shall be restricted or prohibited in order to protect the healthiness and security, to protect the life or healthiness of animal and plant and to protect circumstance;
  3. Where the import or export shall be restricted or prohibited in order to implement measures concerning the import and export of gold or silver;
  4. Where the export shall be restricted or prohibited on account of domestic shortage in supply or effective protection of exhaustible domestic resources;
  5. Where the export shall be restricted due to the limited market capacity of the importing country or region;
  6. Where the export shall be restricted due to the disorder of export system;
  7. Where the import shall be restricted in order to establish or accelerate the establishment of a particular domestic industry;
  8. Where the restriction on the import of agricultural, animal husbandry or fishery products in any form is necessary;
  9. Where the import shall be restricted in order to maintain the State’s international financial status and the balance of international payments;
  10. Where the import or export shall be restricted or prohibited according to laws and regulations;
  11. Where, as the international treaties or agreements to which the People’s Republic of China is a contracting party or a participating party require, the import or export shall be restricted or prohibited.

Article 17 The State may take any necessary measure to safeguard the national securities for the import and export of goods and technologies related to fission material, fusion material and other material derived from these materials and import and export of weapon, ammunition and other military supplier.

To safeguard the world peace and securities during the wartime, the State may take any necessary measures on the import and export of goods and technologies.

Article 18 The authority responsible for foreign trade and economic relations under the State Council shall, in collaboration with the relevant authorities under the State Council and in accordance with the provisions of Article 16 and Article 17 of this Law, formulate, adjust and publish the list of goods and technologies whose import or export are subject to restrictions or prohibitions.

Upon the approval of the State Council the authority responsible for foreign trade and economic relations under the State Council may, within the framework of Article 16 and Article 17, independently or in collaboration with the relevant authorities under the State Council determine, on a temporary basis, to impose restriction or prohibition on the import or export of particular goods or technologies not included in the list mentioned in the preceding paragraph.

Article 19 Goods whose import or export is restricted shall be subject to quota and licensing control; technologies whose import or export is restricted shall be subject to licensing control.

Import or export of any goods and technologies subject to quota and licensing control will be effected only with the approval of the authorities responsible for foreign trade and economic relations under the State Council or the joint approval of the foregoing authorities and other authorities concerned under the State Council in compliance with the provisions of the State Council.

The State may restrict the import of some goods by tariff quota.

Article 20 Import and export quotas of goods and tariff quotas shall be distributed on the basis of the principles of transparency, fairness, impartiality and efficiency by the authority responsible for foreign trade and economic relations under the State Council or the relevant authorities under the State Council within their respective responsibilities. The detailed measures are to be regulated by the State Council.

Article 21 The State shall implement a uniform goods quality evaluation system in accordance with the relevant laws and administrative regulations to certify, inspect, and quarantine goods for import and export purposes.

Article 22 The State shall monitor the place of origin of import and export goods. The State Council will issue the detailed measures in this regard.

Article 23 Where the import or export of cultural relics, wildlife animals, plants and the products thereof are prohibited or restricted by other laws or administrative regulations, the provisions of the laws and regulations in question shall be observed.
 

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Posted on

2004-05-03