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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 IX Promotion of Foreign Trade

Article 51 The State shall formulate foreign trade development strategies, and to establish and improve upon a mechanism for the promotion of foreign trade.

Article 52 The State shall establish and improve financial institutions for foreign trade, and establish funds for foreign trade development and venture funds as the development of foreign trade requires.

Article 53 The State may take import and export credit, export credit insurance, export tax refund, and other foreign trade promotion measures for the purpose of the development of foreign trade.

Article 54 The State shall establish a foreign trade public information service system to provide information service to foreign trade dealers and to other members of the public.

Article 55 The State shall adopt measures to encourage foreign trade dealers to explore the international market, and shall develop foreign trade in various forms such as foreign investment, foreign construction contracts and foreign labour cooperation.

Article 56 Foreign trade dealers may establish or join the relevant trade associations and Chambers of Commerce in accordance with the law.

The relevant associations and Chambers of Commerce shall abide by the relevant laws, administrative regulations, and Articles of Association to provide services to their members on the production, sale, information and training relating to foreign trade, to play a coordinating and self-regulatory role, to submit applications for foreign trade remedies in accordance with the law, to protect the interests of their members and of the industry, and to report to the relevant authorities of the Government the suggestions of their members with respect to foreign trade, and actively promote foreign trade activities.

Article 57 The international trade promotion organization of China shall, in accordance with its Articles of Association, engage in the development of foreign trade relations, sponsor exhibitions, provide information and advisory services and carry out other foreign trade promotional activities.

Article 58 The State shall support and promote the development of foreign trade in respect of small and mid-size enterprises.

Article 59 The State shall support and promote the development of foreign trade in national autonomous areas and economically under-developed areas.

Chapter X Legal Responsibilities

Article 60 With respect to any action in violation of Article 11 of this Law to engage in the unauthorized import or export of goods that are subject to state owned trade management, the authority responsible for foreign trade and economic relations under the State Council may impose a fine of less than RMB50,000; in case of serious breach, the authority responsible for foreign trade and economic relations under the State Council may prohibit the infringing persons from applying for the right to import/ export goods subject to state owned trade management, or to cancel any authorisation previously given to the infringing persons for the import/ export of other goods subject to state owned trade management for a period of THREE (3) years from the date on which the decision to impose administrative sanctions takes effect.

Article 61 Any activities with respect to the import or export of prohibited goods, or the import or export of restricted goods without authorization shall be dealt with or sanctioned by the Chinese customs authority in accordance with the relevant laws and regulations. And where such activities constitute criminal offences, they shall be subject to criminal prosecution.

The import or export of prohibited technologies or the import or export of restricted technologies without authorization, shall be dealt with or sanctioned in accordance with the relevant laws and regulations; where such conducts are not dealt with by law or regulation, the authority responsible for foreign trade and economic relations under the State Council shall issue a reprimand to ask for the correction of such conducts, to confiscate income derived from the illegal conducts, and to impose a fine of between 100% and 500% of the income derived from the illegal conducts; where no income is derived from the illegal conducts or where the income derived from the illegal conducts is less than RMB10,000, the fine shall be between RMB10,000 and RMB50,000. And where such conducts constitute criminal offences, they shall be subject to criminal prosecution.

The authority responsible for foreign trade and economic relations under the State Council may refuse to process any application for import or export quotas or permit submitted by the infringing persons within THREE (3) years from the date on which the decision to impose administrative sanctions takes effect, or the date on which the verdict with respect to the criminal prosecution takes effect. Alternatively, the authority responsible for foreign trade and economic relations under the State Council may prohibit the infringing persons from engaging in business activities in respect of the import and export of goods for a period of between ONE (1) to THREE (3) years.

Article 62 Any conducts to engage in prohibited international trade in services, or to engage in restricted international trade in services without authorization shall be sanctioned in accordance with the relevant laws and regulations. Where the laws or regulations do not provide for the sanction of such conducts, the authority responsible for foreign trade and economic relations under the State Council shall issue a reprimand and order the correction of such conducts, to order any illegal income confiscated, and to impose a fine of between 100% and 500% of the amount of the illegal income; where there is no illegal income or where the amount of the illegal income is less than RMB10,000, a fine of between RMB10,000 and RMB50,000 shall be imposed. And where such conducts constitute criminal offences, they shall be subject to criminal prosecution.

The authority responsible for foreign trade and economic relations under the State Council may prohibit the infringing persons from engaging in business activities relating to international trade in the relevant services for a period of between ONE (1) year and THREE (3) years from the date on which the decision to impose administrative sanctions takes effect or the date on which the verdict in the criminal prosecution takes effect.

Article 63 Any conduct in breach of Article 34 of this Law shall be sanctioned in accordance with the relevant laws and regulations; where such conduct constitutes a criminal offence, it shall be subject to criminal prosecution.

The authority responsible for foreign trade and economic relations under the State Council may prohibit the infringing persons from engaging in business activities relating to foreign trade for a period of ONE (1) to THREE (3) years from the date on which the decision to impose administrative sanctions takes effect, or the date on which the verdict in the criminal prosecution takes effect.

Article 64 Within the prohibition period imposed in accordance with Article 61 to Article 63 of this Law, the Chinese customs authority shall not, in accordance with the decision rendered by the authority responsible for foreign trade and economic relations under the State Council, process any import or export goods relating to the foreign trade dealer in question, and foreign exchange departments or designated foreign exchange banks shall not process the related exchange settlement or sale of exchange.

Article 65 In accordance with this Law, personnel serving in the State’s foreign trade authorities who commit any neglect of duty, malpractice, irregularities or abuse of power, which constitute criminal offences, shall be subject to criminal prosecutions pursuant to law; as to those offences which do not constitute crimes, administrative sanctions shall apply.

In accordance with this Law, personnel serving in the State’s foreign trade authorities who extort property from others with job convenience or illegally accept others’ property and seek advantages for them in return and thus commit criminal offences shall be subject to criminal prosecutions; where such conducts do not constitute criminal offences, administrative sanctions shall apply.

Article 66 Where any foreign trade dealers are not satisfied with the concrete administrative measures taken by the authority responsible for foreign trade in accordance with this Law, such persons may bring an administrative appeal in accordance with the law, or bring an administrative lawsuit in the People’s Court of China.

Chapter XI Final Provisions

Article 67 The administration of military products, cultural products, and fission and fusion materials or any materials derived thereof, shall abide by the specific laws and regulations applicable thereto.

Article 68 The State applies flexible measures, provides favourable conditions and conveniences to the trade between the towns on the frontier and those towns of neighbouring countries on the frontier as well as trade among border residents. Detailed rules are to be laid down by the State Council.

Article 69 This Law shall not apply to the separate customs territories of the People’s Republic of China.

Article 70 This Law shall enter into force as of July 1, 2004.

Foreign Trade Law of the People’s Republic of China

Foreign trade dealers

International Trade in Services

foreign trade development

prohibited international trade

restricted international trade

Foreign Trade Definition

Definition of International Trade

Beijing China

Skills

Posted on

2004-05-03