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

rt of goods and technologies.

　　Article 18 The department for foreign trade under the State Council shall， in conjunction with other departments under the State Council and in accordance with the provisions in Articles 16 and 17 of this Law， formulate， adjust and publish the catalogue of goods and technologies that are restricted or prohibited for import or export.

　　With the approval of the State Council， the department for foreign trade under the State Council or the said department in conjunction with other relevant departments under the State Council may， within the scope specified by the provisions in Article 16 and 17 of this Law， decide on temporary restriction or prohibition on the import or export of specific goods and technologies other the ones listed in the catalogue mentioned in the preceding paragraph.

　　Article 19 The State exercises control of the goods subject to import or export restriction through quotas， licensing， et； with regard to the technologies the import or export of which is restricted， it exercises control through licensing.

　　The goods and technologies subject to control through quotas of licensing may only be imported or exported upon permission by the department for foreign trade under the State Council， or upon permission jointly by the department and the relevant departments under the State Council， as required by the regulations of the State Council.

　　The State exercises control of part of the imported goods through tariff-rate quota.

　　Article 20 Quotas for imported and exported goods and tariff-rate quotas shall be distributed by the department for foreign trade under the State Council or the relevant departments under the State Council within the limits of their respective responsibilities， on the principles of openness， fairness， impartiality and efficiency. The specific measures in this regard shall be formulated by State Council.

　　Article 21 The State implements a unified commodity assessment system and， in accordance with the provisions of relevant laws and administrative regulations， carries out certification inspection and quarantine in respect of imported and

exported commodities.

　　Article 22 The State applies rules of origin to the imported and exported goods. The specific measures in this regard shall be formulated by the State Council.

　　Article 23 Where the import or export of cultural relics， wild animals and plants and their products are prohibited or restricted by the provisions of other laws or administrative regulations， the provisions of those laws and administrative regulations shall prevail.

　　Chapter Ⅳ International Trade in Services

　　Article 24 IN respect of international trade in services， the people's Republic of China shall， in accordance with its commitments made in the international treaties or agreements it has signed or acceded to， grant the other signatories and acceding parties market access and national treatment.

　　Article 25 The department for foreign trade under the State Council and the relevant departments under the State Council shall， pursuant to the provisions of this Law and the relevant laws an administrative regulations， regulate international trade in services.

　　Article 26 For any of the following reasons， the State may restrict or prohibit the relevant international trade in services：

　　（1） restrictions or prohibitions are needed for safeguarding State security and pubic interests and ethics；

　　（2） restrictions or prohibitions are needed for protecting human health or safety， the lives or health of animals and plants， or the environment；

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

　　（4） restrictions are needed for maintaining the balance of receipts and payments of the State in foreign exchanges；

　　（5） restrictions or prohibitions are needed for other reasons， as laws and administrative regulations so provide； or

　　（6） restrictions or prohibitions are needed for other reasons， as required by the provisions of the international treaties or agreements which China has signed or acceded to.

　　Article 27 With regard to military-related international trade in services， and international trade in services related to fissile and fusion material or the substances form which such material is derived， the State may adopt any necessary measure to safeguard State security.

　　In wartime or for the purpose of preserving international peace and security， the State may adopt any necessary measure in respect of international trade in service.

　　Article 28 The department for foreign trade under the State Council shall， in conjunction with the relevant departments under the State Council and in accordance with the provisions in Articles 26 and 27 of this Law and relevant laws and administrative regulations， formulate， adjust and publish the market access catalogue of international trade in services.

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

　　Article 29 The State protects trade-related intellectual property rights in accordance with the laws and administrative regulations concerning intellectual property rights.

　　Where any imported goods infringe upon intellectual property rights and impair foreign trade order， the department for foreign trade under the State Council may take such measures as prohibiting， for a specified period of time， the import of the relevant goods produced or sold by the infringer.

　　Article 30 Where the owner of a intellectual property right commits any of the acts， such as preventing the licensee form challenging imposing mandatory package licensing on the licensee or incorporating exclusive grant-back conditions in the licensing contract， which undermines the order of fair competition in foreign trade， the department for foreign trade under the State Council may take any necessary measures to eliminate the harm done.

　　Article 31 If county or region fails to grant

the legal persons， other organizations or individuals form the people/'s Republic of China national treatment in respect of protection of intellectual property rights， of cannot adequately and effectively protect the intellectual property rights in respect of the goods， technologies or services from the people's Republic of China， the department for foreign trade under the State Council may， in accordance with the provisions of this Law and the relevant laws and administrative regulations， and the international treaties of agreements which the people's Republic of China has signed or acceded to， take any necessary measures in respect of trade with the county or region in question.

　　Chapter Ⅵ Foreign Trade Order

　　Article 32 In foreign trade activities， monopolistic behavior in violation of the provisions of the laws and administrative regulations against monopoly is not allowed.

　　In foreign trade activities， any monopolistic behavior that jeopardizes fair market competition shall be dealt with in accordance with the provisions of the laws and administrative regulations against monopoly.

　　In the event that violations as mentioned in the preceding paragraph are committed， which undermine foreign trade order， the department for foreign trade under the State Council may take any necessary measures to eliminate the harm done.

　　Article 33 In foreign trade activities， no one may engage in unfair competition， such as selling commodities at unreasonably low prices， colluding with another person in a tender， publishing false advertisements and practicing commercial bribery.

　　Any unfair competition in foreign trade activities shall be dealt with in accordance with the provisions of laws and administrative regulations against unfair competition.

　　In the event that violations as mentioned in the preceding paragraph are committed， which undermine foreign trade order， the department for foreign trade under the State Council may take any measures such as prohibiting the dealer from importing and exporting relevant goods and technologies to eliminate the harm done.

　　Article 34 In foreign trade activities， none of the following acts may be committed：

　　（1）forging or falsifying marks of origin of imported or exported goods； forging， falsifying or dealing in origin certificates of imported or exported goods， import or export licenses， certificates of import or export quotas or any other import or export certificates；

　　（2）obtaining export tax refund by fraudulent means；

　　（3）smuggling；

　　（4）evading certification， inspection or quarantine which is required by laws and administrative regulations； or

　　（5）other acts in violation of the provisions of laws and administrative regulations.

　　Article 35 In foreign trade activities， foreign trade dealers shall act in compliance with the regulations of the State governing foreign exchange control.

　　Article 36 The department for foreign trade under the State Council may make known to the public any violations of this Law， which undermine foreign trade order.

　　Chapter Ⅶ Foreign Trade Investigation

　　Article 37 To maintain foreign trade order， the department for foreign trade under the State Council may， on its own or jointly with the relevant departments under the State Council， investigate the following matters in accordance with the provisions of laws and administrative regulations：

　　（1）the impact on domestic industries and their competitiveness exerted by imported and exported goods， imported or exported technol

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/