Foreign Trade Law of the peoples Republic of China 中华人民共和国对外贸易法（修订）

（Adopted at the 7th Meeting of the Standing Committee of the Eighth National people's Congress on May 12， 1994 and amended at the 8th Meeting of the Standing Committee of the Tenth National people's Congress on April 6， 2004）

颁布日期：20040406 　实施日期：20040701 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.15

　　The Foreign Trade Law of the people's Republic of China， amended and adopted at the 8th Meeting of the Standing Committee of the Tenth National People's Congress of the people's Republic of China on April 6， 2004， is hereby promulgated and shall go into effect as of July 1， 2004.

　　Hu Jintao

　　President of the people's Republic of China

　　April 6， 2004

　　Contents

　　Chapter ⅠGeneral Provisions

　　Chapter ⅡForeign Trade Dealers

　　Chapter ⅢImport and Export of Goods and Technologies

　　Chapter ⅣInternational Trade in Services

　　Chapter ⅤProtection of Trade-Related Aspects of Intellectual Property Rights

　　Chapter ⅥForeign Trade Order

　　Chapter ⅦForeign Trade Investigation

　　Chapter ⅧForeign Trade Remedies

　　Chapter ⅨPromotion of Foreign Trade

　　Chapter ⅩLegal Responsibility

　　Chapter ⅪSupplementary Provisions

　　Chapter Ⅰ General Provisions

　　Article 1 This Law is enacted with a view to opening wider to the outside World， developing foreign trade， maintaining foreign trade order， protecting the legitimate rights and interests of foreign trade dealers and promoting the sound development of the socialist market economy.

　　Article 2 This Law is applicable to foreign trade and the protection of foreign-related aspects of intellectual property rights.

　　For purposes of this Law， foreign trade refers to the import and export of goods and technologies， and international service trade.

　　Article 3 The department for foreign trade under the State Council is in charge of foreign trade throughout the country pursuant to this Law.

　　Article 4 The State applies a unified system of foreign trade， encourages the development of foreign trade and preserves a fair and free foreign trade order.

　　Article 5 The people's Republic of China， on the principle of equality and mutual benefit， promotes and develops trade relations with other countries and regions， concludes or accedes to such regional economic and trade agreements as tariff alliances agreement and free trade zone agreement， and joins regional economic organizations.

　　Article 6 In the field of foreign trade， the people's Republic of China， in accordance with the international treaties and agreements it has signed or acceded to， grants the other signatories or acceding parties most-favored-nation treatment or national treatment， of on the principle of mutual benefit and reciprocity， grants the other party most-favored-nation treatment or national treatment， etc.

　　Article 7 In the event that any country or region adopts prohibitive， restrictive or other similar measures that are discriminatory in nature against the People's Republic of China in trade， the People's Republic of China may， in light of the actual conditions take countermeasures against the country or region accordingly.

　　Chapter Ⅱ Foreign Trade Dealers

　　Article 8 For purposes of this Law， foreign trade dealers refer to the legal persons， other organizations or individuals that have gone through the formalities of industrial， commercial or other registration in accordance with law and engage in foreign trade activities in compliance with the provisions of this Law and relevant laws and administrative regulations.

　　Article 9 A foreign trade dealer who intends to engage in the import and export of goods or technologies shall register with the department for foreign trade under the State Council or the body it entrusts

with the registration， unless otherwise prescribed by laws， administrative regulations or by the said department. The specific measures for registration shall be formulated by the department.

　　Where a foreign trade dealer fails to register as required by regulations the Customs shall not process the procedures of declaration， inspection and release for the import or export of goods.

　　Article 10 The units and individuals engaged in international trade in services shall observe the provisions of this Law， and of the relevant laws and administrative regulations.

　　The units engaged in contracted construction of foreign projects or service cooperation with other countries shall have the necessary eligibility or qualification. The specific measures in this regard shall be formulated by the State Council.

　　Article 11 The State may put the import and export of certain goods under the control of State-operated trading. Such goods shall only be imported and exported by the authorized enterprises， expect the import and export of certain quantities of the goods under State-operated trading which the State permits to be operated by unauthorized enterprises.

　　The catalogues of the goods under the control of State-operated trading and the authorized enterprises shall be determined， adjusted and published by the department for foreign trade under the State Council in conjunction with the relevant department under the State Council.

　　Where， in violation of the provisions in the first paragraph of this Article， the goods under State-operated trading are imported or exported without authorization， the Customs shall not grant to them clearance.

　　Article 12 A foreign trade dealer may accept the entrustment by another person to engage in foreign trade as an agent within the scope of its business operations.

　　Article 13 A foreign trade dealer shall， in accordance with the regulations laid down according to law by the department for foreign trade under the State Council or an other relevant department under the State Council， submit to relevant departments the documents and information related to its foreign trade activities. The latter shall keep the business secrets for the former.

　　Chapter Ⅲ Import and Export of Goods and Technologies

　　Article 14 The State permits free import and export of goods and technologies， except where otherwise provided for in laws and administrative regulations.

　　Article 15 The department for foreign trade under the State Council may， based on the need to monitor imports and exports， implement an automatic import and export licensing system for certain goods subject to free import and export and shall publish the catalogue thereof.

　　Where the consignee or consigner， before going through the Customs declaration formalities， submits an application for automatic licensing for the import or export of the goods under such licensing， the department for foreign trade under the State Council or its authorized department shall grant permission to it. The Customs shall not grant clearance to the goods for which the formalities for automatic licensing are not gone through.

　　In the case of importing or exporting technologies subject to free import and export， the contracts thereof shall be registered with the department for foreign trade under the State Council or the authority it entrusts with such registration.

　　Article 16 For the following reasons， the State may restrict or prohibit the import or export of relevant goods and technologies：

　　（1）for safeguarding State security， and public interests and ethics， it is necessary to restrict or prohibit their import and export；

　　（2）for protecting human health or safety， lives or health of animals and plants， or the environment， it is necessary to restrict or prohibit their import or export；

　　（3）for implementing the measures related to th

e import and export of gold and silver， it is necessary to restrict or prohibit their import or export；

　　（4）because of short supply on domestic marker or for effective conservation of exhaustible natural resources， it is necessary to restrict or prohibit their export；

　　（5）because of the limited market capacity of the importing country or region， it is necessary to restrict their export；

　　（6）because of serious chaos in export order， it is necessary to restrict their export；

　　（7）for establishing or speeding up the establishment of a particular domestic industry， it is necessary to restrict their import；

　　（8）it is necessary to restrict the import of agricultural， animal husbandry and fishery products of any form；

　　（9）for maintaining the State's international financial position and the balance of international receipts and payments， it is necessary to restrict their import；

　　（10）other goods the import or export of which needs to be restricted or prohibited， as required by laws and administrative regulations； or

　　（11）other goods the import or export of which needs to be restricted or prohibited in accordance with the provisions of international treaties or agreements signed or acceded to by the People's Republic of China.

　　Article 17 With regard to import and export of goods and technologies related to fissile and fusion material or the substances from which such material is derived， and the imports and exports related to arms ammunition or other military supplies， the State may adopt any necessary measures to safeguard State security.

　　In wartime or for the purpose of preserving international peace and security， the State may adopt any necessary measures in respect of the import and expo

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