Foreign Trade Law of the People's Republic of China

Foreign Trade Law of the People's Republic of China

Order of the President of the People's Republic of China No.15

April 6, 2004

Passed on May 12,1994 during the 7th meeting of the Standing Committee of the Eighth National People's Congress and amended during the 8th meeting of the Standing Committee of the Tenth National People's Congress on April 6, 2004, the revised Foreign Trade Law of the People's Republic of China is hereby promulgated, and shall come into force as of July 1, 2004.

President of the People's Republic of China , Hu Jingtao

Contents
Chapter I General Provisions
Chapter II Foreign Trade Operator
Chapter III Import and Export of Goods and Technologies
Chapter IV International Service Trade
Chapter V Trade-related Intellectual Property Protection
Chapter VI Foreign Trade Order
Chapter VII Foreign Trade Investigation
Chapter VIII Foreign Trade Relief
Chapter IX Foreign Trade Promotion
Chapter X Legal Liabilities
Chapter XI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is promulgated with a view to enhancing the opening-up to the outside world, developing foreign trade, maintaining order in foreign trade activities and promoting a healthy development of socialist market economy.

Article 2 This Law shall be applicable to foreign trade and trade-related intellectual property protection.
The term "foreign trade" in this Law shall refer to the import and export of goods and technologies and international service trade.

Article 3 The department in charge of foreign trade under the State Council shall take charge of all foreign trade work in the whole country in accordance with this Law.

Article 4 The State shall adopt a unified foreign trade system, encourage foreign trade development and safeguard a fair and free foreign trade order.

Article 5 The People's Republic of China shall promote and develop trading relations with all other countries and regions, establish or participate in agreements of tariff unions, free trade agreements and other regional economic and trade agreements and participate in regional economic organizations in the principle of equality and mutually beneficial.

Article 6 In foreign trade, the People's Republic of China shall, in accordance with the international treaties or agreements that she has signed or entered into, grant the contractual parties and participants the most favor nation or national treatment of China, or grant the most favor nation or national treatment of China to the counterparts in accordance with the principle of mutually beneficial and equality.

Article 7 The People's Republic of China shall have the right to adopt, in accordance with the actual circumstances, corresponding measures against any country or region to counter their discriminatory measures on the banning, restriction or other similar acts in trading with the People's Republic of China.

Chapter II Foreign Trade Operator

Article 8 The term " foreign trade operator" in this Law shall refer to a legal person or other organization or individual engaged in foreign trade activities that have gone through the industry and commerce registration or other business formalities in compliance with the provisions of this Law and other laws and administrative rules.

Article 9 A foreign trade operator engaged in import and export of goods or technologies shall make registration for record with the department in charge of foreign trade under the State Council or institutions entrusted by it; but those that are exempted from registration for record by laws, administrative rules and rules of the department in charge of foreign trade under the State Council shall be excluded. The detailed rules on the registration for record shall be stipulated by the department in charge of foreign trade under the State Council. Customs shall not handle the declaration and clearance procedure for goods imported or exported by a foreign trade operator who fails to go through the registration for record in accordance with the rules. )>

Article 17 The State may take any necessary measures on the import and export of goods and technologies related to fissile and fusion matters or matters that may derive these matters and import and export of weapons and ammunitions and other materials for military use to protect the security of the State.
At wartime or to maintain world peace and security, the State may take any necessary measures concerning the import and export of goods and technologies.

Article 18 The department in charge of foreign trade under the State Council shall, in consultation with other relevant departments under the State Council, draw up, revise and publish the catalogues of goods and technologies whose import or export are restricted or banned in accordance with the provisions of Article 16 and 17 of this Law.
The department in charge of foreign trade under the State Council may, independently or in consultation with other relevant departments under the State Council, make decisions to provisionally restrict or ban the import or export of special goods or technologies that are not listed in the afore-mentioned catalogues within the provisions of Article 16 and 17 of this Law.

Article 19 The State implements quota or licence administration on goods whose import or export is restricted; and licence administration to technologies whose import or export is restricted.
Goods and technologies subject to quota or licence administration can be imported or exported only when it has been approved by the department in charge of foreign trade under the State Council independently or in consultation with other relevant departments under the State Council in accordance with the provisions promulgated by the State Council.
The State may implement tariff quota administration on the import of certain goods.
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