Foreign Trade Law of the People's Republic of China

Foreign Trade Law of the People's Republic of China

Order of the President [1994] No.22

May 12, 1994

(Adopted at the Seventh Session of the Standing Committee of the Eight National People's Congress on May 12,1994, and promulgated by the Order of the President of the People's Republic of China [1994] No.22 )

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 Foreign Trade Order
Chapter VI Promotion of Foreign Trade
Chapter VII Legal Responsibilities
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 The law has been formulated with a view to developing foreign trade, maintaining order in foreign trade activities and promoting a healthy development of the socialist market economy.

Article 2 The term "foreign trade" used in this law refers to the import and export of goods and technologies and international service trade.

Article 3 The department in charge of foreign economic cooperation and trade under the State Council takes charge of all foreign trade work in the whole country according to this law.

Article 4 The State adopts a unified foreign trade system and exercises a fair and free trade order.
The State shall encourage every effort in trade development, help to bring the initiative of the localities into play, and safeguard the autonomy of trade operators in trade operation.

Article 5 The People's Republic of China shall promote and develop trading relations with all other countries and regions on the principle of equality and mutual benefit.

Article 6 The People's Republic of China shall, in accordance with international treaties or agreements that she has signed or entered into, grant the counterparts which have signed or entered into such treaties or agreements the most favour nation or national treatment of China.

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 banning, restrict or other acts on Chinese goods.

Chapter II Foreign Trade Operator

Article 8 The term "foreign trade operator" used in this law refers to a legal person or organization engaging in foreign trade activities in compliance with the provisions of this law.

Article 9 A foreign trade operator engaging in the import and export of goods or technologies shall meet the following requirements and get the license from the department in charge of foreign economic cooperation and trade under the State Council:
1. It shall have its own name and organizational setup;
2. It shall have a clearly defined scope of foreign trade operations;
3. It shall have the site, funds and professional personnel necessary for carrying out foreign trade activities;
4. The import and export operations handled by its agencies have reached the prescribed merit or it shall have the necessary sources of goods for import or export; and
5. It shall have other conditions as required by other laws or administrative decrees.
The detailed rules for the implementation of the preceding provisions shall be formulated by the State Council.
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