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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 IV International Trade in Services

Article 24 With respect to international trade in services, the People’s Republic of China, pursuant to the commitments made in international treaties or agreements to which the People’s Republic of China is a contracting party or a participating party, grants the other contracting parties and participating parties market access and national treatment.

Article 25 The authority responsible for foreign trade and economic relations under the State Council and other relevant authorities under the State Council are responsible for the administration of international trade in services in accordance with this Law and other relevant laws and administrative regulations.

Article 26 The State may restrict or prohibit international trade in the relevant services on the basis of any of the following considerations:

  1. To restrict or to prohibit international trade in services in order to safeguard national security, public interest, or public morality;
  2. To restrict or to prohibit international trade in services in order to protect human health or safety, to protect the life or health of animals and plants, and to protect the environment;
  3. To restrict international trade in services in order to establish or accelerate the establishment of a particular domestic service industry;
  4. To restrict international trade in services in order to maintain the State’s balance of international payments;
  5. Other restrictions or prohibitions provided in the relevant laws and administrative regulations;
  6. Other restrictions or prohibitions in accordance with international treaties and agreements to which the People’s Republic of China is a contracting or participating party.

Article 27 The State may adopt any measures necessary as regards international trade in services relating to the military, or fission or fusion materials or any materials derived thereof to protect national security.

The State may adopt any necessary measures as regards international trade in services in times of war, or to preserve international peace and security.

Article 28 The authority responsible for foreign trade and economic relations under the State Council and other relevant authorities under the State Council shall draft, revise and promulgate the market entry catalogue for international trade in services in accordance with Article 26 and Article 27 of this Law, and in accordance with other relevant laws and regulations.

Chapter V Protection of Intellectual Property Rights in Foreign Trade

Article 29 The State shall protect intellectual property rights in foreign trade in accordance with the relevant intellectual property right laws and administrative regulations.

Where the import of goods infringes upon intellectual property rights, and harms the foreign trade order, the authority responsible for foreign trade and economic relations under the State Council may adopt measures such as prohibiting the import of goods related to those manufactured or distributed by persons infringing upon intellectual property rights.

Article 30 Where an intellectual property right holder prevents the licensee under the intellectual property right license from effectively questioning the intellectual property right as set out in the licensing agreement, or imposes a catch-all license, or sets out an exclusive return-of-license condition in the license agreement; and where such conduct causes harm to fair competition in foreign trade, the authority responsible for foreign trade and economic relations under the State Council may adopt necessary measures to eliminate any such harm.

Article 31 Where other countries or regions did not provide legal persons, other organisations or individuals of the People’s Republic of China with the national treatment with respect to the protection of intellectual property rights, or where such countries or regions could not provide sufficient protection of intellectual property rights for goods, technology, and the provision of services originated in the People’s Republic of China, the authority responsible for foreign trade and economic relations under the State Council may adopt necessary trade measures with respect to the countries or regions in question in accordance with this Law and other relevant laws and administrative regulations, as well as international treaties and agreements to which the People’s Republic of China is contracting or participating party.

Chapter VI Foreign Trade Order

Article 32 One may not infringe upon the relevant anti-monopoly laws and administrative regulations to engage in monopoly activities in foreign trade.

Any monopoly activity in foreign trade that causes harm to fair competition in the market place shall be dealt with in accordance with the relevant anti-monopoly laws and administrative regulations.

Where any infringing activity mentioned in this provision has caused harm to the foreign trade order, the authority responsible for foreign trade under the State Council may adopt any necessary measures to eliminate such harm.

Article 33 In foreign trade activities, one may not engage in unfair low pricing, collusion in tendering, making misleading public statements, commercial corruption and other unfair competition activities.

Unfair competition activities in foreign trade shall be dealt with in accordance with the relevant unfair competitions laws and regulations.

In regard to any unlawful conduct mentioned in this provision that harms the foreign trade order, the authority responsible for foreign trade under the State Council may adopt measures such as prohibiting the import or export of the relevant goods or technology of the infringing persons in question.

Article 34 The following conducts are prohibited in foreign trade activities:

  1. Forgery or distortion of the country of origin symbol for import and export goods; forgery, distortion or trading of certificates of country of origin, import or export license, import or export quota certificate, or other import or export certification documents;
  2. Defrauding refunded tax on exports;
  3. Smuggling;
  4. Avoiding certifications, inspections and quarantines provided for by law and administrative regulations;
  5. Other acts contrary to the provisions of laws and administrative regulations.

Article 35 In foreign trade activities, foreign trade dealers shall abide by the relevant State regulations on the administration of foreign exchange.

Article 36 The authority responsible for foreign trade under the State Council may make a public statement about any operation that contravenes this Law and that causes harm to the foreign trade order.
 

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Posted on

2004-05-03