Foreign Trade Law of the People's Republic of China (2004 Revision)

Foreign Trade Law of the People's Republic of China (2004 Revision)
 
Order of the President [2004] No. 15
 
April 6, 2004
 
The Foreign Trade Law of the People's Republic of China was amended and adopted at the 8th session of the Standing Committee of the 10th National People's Congress on April 6, 2004. The amended Foreign Trade Law of the People's Republic of China is hereby promulgated and shall come into effect as of July 1, 2004.
President: Hu Jintao

Attachment: Foreign Trade Law of the People's Republic of China
(Adopted at the 7th session of the Standing Committee of the 8th  National People's Congress on May 12, 1994; amended at the 8th session of the Standing Committee of the 10th National People's Congress on April 6, 2004.)
 
Contents
Chapter I  General Provisions
Chapter II   Foreign Trade Operators
Chapter III Import and Export of Goods and Technology
Chapter IV   International Service Trade
Chapter V   Protection of Intellectual Property Rights Related to Foreign Trade
Chapter VI   Foreign Trade Order
Chapter VII   Foreign Trade Investigation
Chapter VIII   Foreign Trade Remedies
Chapter IX   Foreign Trade Promotion
Chapter X   Legal Liabilities
Chapter XI   Supplementary Provisions
 
 
Chapter I   General Provisions
 
Article 1   The Law is formulated with the goal of further opening up to the outside world, developing foreign trade, maintaining order of foreign trade, protecting the lawful rights and interests of the foreign trade operators, and promoting the healthy development of the socialist market economy.
 
Article 2   The Law applies to foreign trade and protection of intellectual property related to foreign trade.
For the purposes of the Law, the term "foreign trade" as provided in the law shall refer to the import and export of goods, technology, and trade in international services.
 
Article 3   The State Council department in charge of foreign trade shall take charge of the nationwide foreign trade in accordance with the Law.
 
Article 4   The state must implement a uniform system of foreign trade, encourage the development of foreign trade, and maintains fair and free foreign trade order.
 
Article 5   The People's Republic of China promotes and develops foreign trade relations with other countries and regions based on the principle of equality and reciprocity, concludes or accedes to regional economic and trade agreements such as agreements on tariff union and free trade zone, etc., and joins regional economic organizations..
 
Article 6   In the field of foreign trade, the People's Republic of China grants, in accordance with the international treaties and agreements that it has concluded or acceded to, or based on the the principle of mutual benefit and reciprocity,  most-favored-nation treatment or national treatment or other treatment to other contracting parties or members. Article 7 In the event that any country or region that takes discriminatory  sanction, restriction or other acts against the People's Republic of China in terms of trade, the People's Republic of China may adopt corresponding measures against such country or region in accordance with the actual circumstances..
 
Chapter II   Foreign Trade Operators
 
Article 8   The term "foreign trade operator" as mentioned in the Law refers to legal persons, other organizations, or individuals that handle industrial and commercial registration or other practice procedures and engage in the foreign trade business activities in accordance with the provisions of the Law and other relevant laws and administrative regulations.

Article 9   A foreign trade operator that engages in the import and export of goods or technology shall be registered for record filing with the State Council department in charge of foreign trade or its entrusted institution, unless it is  stipulated in laws, administrative regulations or by the  State Council department in charge of foreign trade that such registration is not necessary. The specific measures for registration of record filing shall be formulated by the State Council department in charge of foreign trade. In the event that a foreign trade operator fails to handle registration of record filing according to relevant provisions, the customs may not handle customs declarations and release procedures for the imported or exported goods.
 
Article 10   Anyone who is engaged in international service trade shall comply with the Law and other relevant laws and administrative regulations.
A work unit that engages in the foreign project contracting or foreign labor cooperation shall  possess corresponding competence or qualifications. Specific measures shall be formulated by the State Council.
 
Article 11 The State may implement the administration of state-run trade on the import and export of certain goods. Import and export of the goods subject to the administration of state-run trade can only be managed by the authorized enterprises, with the exception, however, of the goods, which is permitted by the state to be partially imported or exported by unauthorized enterprises. The catalogue of the goods subject to the management of state-run trade and that of authorized enterprises shall be determined, adjusted and published by the State Council department in charge of foreign trade in conjunction with other relevant departments of the State Council.
In the event anyone imports or exports, as in violation of Paragraph 1 of the present article, any of the goods subject to the management of state-run trade, the customs shall not release the goods.
 
Article 12   A foreign operator may, upon the entrustment of other party, handle foreign trade businesses on their behalf within its scope of business.
 
Article 13   A foreign trade operator shall submit to the relevant departments the documents and materials related to its foreign trade activities in accordance to the provisions of the State Council department in charge of foreign trade and other relevant departments of the State Council. The relevant departments shall keep confidentiality of the trade secrets of the providers.
 
Chapter III   Import and Export of Goods and Technology
 
Article 14   The state allows free import and export of goods and technology, unless it is otherwise provided for by other laws or administrative regulations.
 
Article 15   The State Council department in charge of foreign trade may, based on the requirements for monitoring import and export, conduct automatic licensing for import and export on certain free import and export goods, and publish the catalogue thereof.
For the import and export goods subject to automatic licensing, if the consignee or consignor applies for automatic licensing prior to handling customs declaration procedures, the State Council department in charge of foreign trade and the entrusted institutions thereby shall grant approval.
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