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

， without authorization， imports or exports the technologies the import and export of which are restricted shall be dealt with and penalized in accordance with the provisions of relevant laws and regulations. Where there are no provisions in laws or administrative regulations to go by， the department for forging trade under the State Council shall order it to rectify， confiscate its unlawful gains an， in addition， impose a fine of not less than the amount of the unlawful gains but not more than five times that amount. If there are no unlawful gains or such gains are less than 10，00 Yuan， a fine of not more than 10，00 Yuan but not more than 50，00 Yuan shall be imposed. If its act constitutes a crime， it shall be investigated for criminal responsibility according to law.

　　Within three years from the date the administrative penalty decision or the criminal penalty judgment takes effect， as specified in the preceding two paragraphs， the department for foreign trade under the State Council or the relevant department under the State Council may refuse to accept the application submitted by the offender for import or export quotas or license or prohibit the offender from engaging in the import or export of relevant goods and technologies for a period of not less than one year but not more than three years.

　　Article 62 Any dealer that engages in the international trade din services subject to prohibition or， without authorization， engages in the international trade in services subject to restriction shall be penalized in accordance with the provisions of relevant laws and administrative regulations. Where there are no provisions in laws or administrative regulations to go by， the department for foreign trade under the State Council shall order it to rectify， confiscate its unlawful gains and， in addition， impose a fine of not less than the amount of the unlawful gains but not more than five times that amount. If there are no unlawful gains or such gains are less than 10， 00 Yuan a fine of not less than 10，000 Yuan but not more than 50，000 Yuan shall be imposed. If its act constitutes a crime， it shall be investigated for criminal responsibility according to law.

　　The department for foreign trade under the State Council may prohibit the offender from engaging in the relevant international trade in services for a period of not less than one year but not more than three years from the date the administrative penalty decision or the criminal penalty judgm

ent takes effect， as specified in the preceding paragraph.

　　Article 63 Any dealer that violates the provisions in Article 34 of this Law shall be penalized in accordance with the provisions of relevant laws and administrative regulations. If its act constitutes a crime， it shall be investigated for criminal responsibility according to law.

　　The department for foreign trade under the State Council may prohibit the offender from engaging in the relevant foreign trade activities for a period of not less than one year but not more than three years from the date the administrative penalty decision or the criminal penalty judgment takes effect， as specified in the preceding paragraph.

　　Article 64 During the period of time in which a foreign trade dealer is prohibited， in accordance with the provisions in Articles 61， 62 and 63 of this Law， from engaging in the relevant foreign trade activities， the Customs shall， in accordance with the prohibition decision made by the department for foreign trade under the State Council according to law， refuse to process the procedures of declaration， inspection and release for the relevant goods imported or exported by the said dealer， and the foreign exchange control department or the designated foreign exchange bank shall not handle the exchange settlement or sale for it.

　　Article 65 Where a staff member of the department responsible for foreign trade administration in accordance with this Law neglects his duties， commits irregularities for personal gain or abuses his power， which constitutes a crime， he shall be investigated for criminal responsibility. If his act is not serious enough to constitute a crime， he shall be given an administrative sanction according to law.

　　Where a staff member of the department responsible for foreign trade administration in accordance with this Law， taking advantage of his position， extorts money or things of value from another person or illegally accepts another person's money or things of value in order to seek benefits for that person in return， which constitutes a crime， he shall be investigated for criminal responsibility in accordance with law. If his act is not serious enough to constitute a crime， he shall be given an administrative sanction according to law.

　　Article 66 Any party engaged in foreign trade activities， who is not satisfied with the specific administrative act by the department responsible for foreign trade administration in accordance with this Law， may apply for administrative reconsideration or bring an administrative lawsuit before the people's court in accordance with law.

　　Chapter Ⅺ Supplementary Provisions

　　Article 67 Where other laws and administrative regulations provide otherwise in respect of foreign trade administration of military supplies， fissionable or fusionable material or the substances from which such material is derived and the administration of the import and export of cultural products， the provisions there shall prevail.

　　Article 68 The State adopts flexible measures， and provides preferential treatment and convenience to trade between the border areas of China and those of its neighboring countries as well trade among border residents. The specific measures in this regard shall be formulated by the State Council.

　　Article 69 This Law is not applicable to the separate customs territories of the people's Republic of China.

　　Article 70 This Law shall go into effect as of July 1， 2004

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