《中华人民共和国对外贸易法》1994年英文版_

other conditions. Ways and measures for the distribution of quotas shall be prescribed by the State Council.

Article 21 In respect of cultural relics, wild animals and plants and their products as well as other goods and merchandise, if their imports of exports are prohibited or restricted under other laws or administrative rules and regulations, the provisions of such laws or administrative rules and regulations shall be applied.

Chapter IV International Service Trade

Article 22 The State shall promote the progressive development of international service trade.

Article 23 The People's Republic of China shall, in international service trade, grant other signatories and acceding parties market access and national treatment according to the commitments made in the international treaties or agreements it has signed or acceded to.

Article 24 The State may restrict international service trade on the basis of any of the following considerations:

(1) for safeguarding national security or public interests;

(2) for protecting ecological environment;

(3) for establishing or speeding up the establishment of a particular domestic service industry;

(4) for ensuring the State balance of international receipts and payments; or

(5) other circumstances calling for such restrictions as provided by laws or administrative rules and regulations.

Article 25 The State

shall prohibit the international service trade falling into any of the following categories:

(1) that endangering national security or public interests;

(2) that running counter to the international commitments undertaken by the People's Republic of China; or

(3) that prohibited by laws and administrative rules and regulations.

Article 26 The competent department in charge of foreign economic relations and trade under the State Council and relevant departments under the State Council shall conduct management of international service trade according to this Law and relevant laws and administrative rules and regulations.

Chapter V Order of Foreign Trade

Article 27 Foreign trade operators shall, in their foreign trade activities, conduct business operations according to law, carry out fair competition and shall not commit any of the following acts:

(1) counterfeiting, altering, buying or selling certificates of origin, or licenses of import and export;

(2) infringing upon the intellectual property rights protected by laws of the People's Republic of China;

(3) pushing out competitors by means of unfair competition;

(4) fraudulently obtaining tax refund for exports from the State; or

(5) other acts violating laws or administrative rules and regulations.

Article 28 Foreign trade operators shall, in their foreign trade activities, use, or settle their accounts of, foreign currency in accordance with relevant regulations of the State.

Article 29 Where due to the increase of imported products, domestic producers of like products or producers manufacturing products directly competitive to the imported ones suffer material damage or threat of material damage, the State may take necessary protective measures to eliminate or reduce such damage or threat of damage.

Article 30 Where products are imported at prices lower than its normal value, thereby causing substantial damage or threat of substantial damage to the relevant domestic industries already established, or substantially hindering the establishment of relevant domestic industries, the State may take necessary measures to eliminate or reduce such damage or threat of damage or hindrance.

Article 31 Where imported products receive subsidies of any form directly or indirectly from countries of exportation, thus causing substantial damage or threat of substantial damage to relevant domestic industries already established, or substantially hindering the establishment of relevant domestic industries, the State may take necessary measures to eliminate or reduce such damage or threat of damage or hindrance.

Article 32 When circumstances specified in Article 29, 30 or 31 occur, departments or organs designated by the State Council shall investigate and handle them according to laws or administrative rules and regulations.

Chapter VI Promotion of Foreign Trade

Article 33 The State shall, in light of the needs for the development of foreign trade, set up and improve financial institutions in service of foreign trade and establish development fund and risk fund for foreign trade.

Article 34 The State shall adopt promotional measures to develop foreign trade such as providing credits for import and export and refunding taxes on exports.

Article 35 Foreign trade operators may set up and join import-export chambers according to law. Import-export chambers shall observe laws and administrative rules and regulations, coordinate and direct foreign trade activities of t

heir members according to the articles of associations, provide consultant services, report suggestions of their members concerning the promotion of foreign trade to relevant governmental departments and actively conduct activities for the promotion of foreign trade.

Article 36 China's international trade promotion organizations shall, according to the articles of associations, carry out foreign liaison activities, hold exhibitions, provide information and consultant services as well as other activities for the promotion of foreign trade.

Article 37 The State shall support and promote national autonomous regions and economically under-developed areas to develop foreign trade.

Chapter VII Legal Liability

Article 38 Whoever smuggles goods whose import and export are prohibited or restricted, if such an act constitutes a crime, shall be investigated for criminal responsibility according to the Supplementary Provisions for the Punishment of the Crime of Smuggling. If such an act does not constitute a crime, the offender shall be punished according to the Customs Law. The competent department in charge of foreign economic relations and trade under the State Council may concurrently revoke their business licenses for foreign trade.

Article 39 Whoever counterfeits or alters certificates of origin or licenses of import and export shall be investigated for criminal responsibility according to the provisions of Article 167 of the Criminal Law. Whoever buys or sells the certificates of origin for import and export or licenses of import and export, or buys or sells counterfeited or altered certificates of origin, or licenses of import and export shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. Where a unit commits the crimes specified in the preceding paragraph, it shall be punished with a fine. Persons directly in charge and persons who are held directly responsible in the unit shall be investigated for criminal responsibility according to or by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. The competent department in charge of foreign economic relations and trade under the State Council may concurrently revoke their business licenses for conducting foreign trade. Whoever knowingly uses counterfeited or altered licenses of import and export to import or export goods shall be punished according to the provisions of Article 38 of this Law.

Article 40 Whoever in violation of this Law imports or exports technologies whose import and export are prohibited or restricted, if such an act constitutes a crime, shall be investigated for criminal responsibility by applying mutatis mutandis the Supplementary Provisions for the Punishment of the Crime of Smuggling.

Article 41 The State functionaries engaged in foreign trade who neglect their duties or practise irregularities for personal gains or abuse their power shall be investigated for criminal responsibility according to law if their acts constitute a crime. If their acts do not constitute a crime, they shall be given administrative sanctions. The State functionaries engaged in foreign trade who by taking advantage of their office extort other persons, money or goods or illegally accept other persons, money or goods so as to seek benefits for such persons shall be investigated for criminal responsibility according to the Supplementary Provisions for the Punishment of the Crime of Corruption and Bribery if their acts constitute a crime. If their acts do not constitute a crime, they shall be given administrative sanctions.

Chapter VIII Supplementary Provisions

Article 42 The State shall adopt flexible measures and provide favourable treatment and con

venience to the trade between its frontier towns and the frontier towns of bordering countries as well as fairs among the inhabitants of border areas. Specific measures shall be formulated by the State Council.

Article 43 This Law shall not apply to the separate customs areas in the People's Republic of China.

Article 44 This Law shall go into effect on July 1, 1994

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