中华人民共和国对外贸易法（修订） PRC, Foreign Trade Law (Revised)

（Adopted at the 8th Session of the Standing Committee of the 10th National People's Congress and promulgated on 6 April 2004， and effective as of 1 July 2004.）

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

　　PART ONE　GENERAL PROVISIONS

　　Article 1　This Law is formulated in order to further open up to the outside world， develop foreign trade， maintain order in foreign trade activities， protect the lawful rights and interests of foreign trade operators， and promote the healthy development of the socialist market economy.

　　Article 2　This Law shall apply to foreign trade and the protection of intellectual property rights related to foreign trade.

　　For the purposes of this Law， the term “foreign trade” shall refer to the import and export of goods and technology and trade in international services.

　　Article 3　The State Council department in charge of foreign trade shall be in charge of foreign trade throughout the country in accordance with this Law.

　　Article 4　The State shall implement a unified foreign trade system， encourage the development of foreign trade and safeguard fair and free foreign trade order.

　　Article 5　The People's Republic of China shall promote and develop trade relations with other countries and regions based on the principles of equality and mutual benefit， conclude or accede to regional economic and trade agreements such as agreements on tariff alliance and free trade zone， and participate in regional economic organizations.

　　Article 6　The People's Republic of China shall， in accordance with international treaties and agreements that it has concluded or acceded to， or based on the principles of mutual benefit and reciprocity， grant other signatories or acceding parties most favoured nation treatment or national treatment and any other treatment in regard to foreign trade.

　　Article 7　If a country or region adopts sanctions， restrictions or other similar measures of a discriminatory nature in regard to trade against the People's Republic of China， the People's Republic of China may adopt corresponding measures against such country or region in accordance with actual circumstances.

　　PART TWO　FOREIGN TRADE OPERATORS

　　Article 8　For the purposes of this Law， the term “foreign trade operators” shall refer to legal persons， other organizations or individuals that handle business registration or other practice procedures according to law and engage in foreign trade business activities in accordance with the provisions of this Law and other relevant laws and administrative regulations.

　　Article 9　Foreign trade operators engaged in import and export of goods or technology shall handle registration of record filing with the State Council department in charge of foreign trade or its appointed organizations， except where laws， administrative regulations or the State Council department in charge of foreign trade stipulate（s） that registration of record filing is not necessary. Specific procedures for registration of record filing shall be formulated by the State Council department in charge of foreign trade. Where a foreign trade operator has not handled registration of record filing according to provisions， customs shall not handle customs declaration and inspection and release procedures for the imported and exported goods.

　　Article 10　Engagement in international service trade shall comply with the provisions of this Law and other relevant laws and administrative regulations.

　　Work units that engage in contracting of foreign projects or foreign labour cooperation shall possess the appropriate quality or qualifications. Specific procedures shall be formulated by the State Council.

　　Article 11　The State may implement administration of State trading on the import and export of certain goods. Import and export business of goods subject to administration

of State trading may only be operated by authorized enterprises， except where the State permits the import and export business of certain quantity of goods subject to administration of State trading to be operated by non-authorized enterprises. The catalogue of goods subject to administration of State trading and enterprises authorized to operate shall be determined， adjusted and announced by the State Council department in charge of foreign trade in conjunction with other relevant departments of the State Council.

　　Customs shall not release the goods subject to administration of State trading that are imported or exported without authorization in violation of Paragraph One of this Article.

　　Article 12　A foreign trade operator may， upon entrustment of another party， act as an agent on its behalf to conduct foreign trade business within the scope of business.

　　Article 13　A foreign trade operator shall， in accordance with the regulations formulated by the State Council department in charge of foreign trade or other relevant departments of the State Council in accordance with the law， submit documents and information related to its foreign trade business activities to the relevant departments. The relevant departments shall maintain the confidentiality of the trade secrets of providers.

　　PART THREE　IMPORT AND EXPORT OF GOODS AND TECHNOLOGY

　　Article 14　The State permits free import and export of goods and technology， except as otherwise stipulated in laws and administrative regulations.

　　Article 15　The State Council department in charge of foreign trade may， based on the needs for monitoring import and export， implement automatic licensing for import and export on certain free import and export goods and announce the catalogue thereof.

　　In the case of import and export goods subject to automatic licensing， where a consignee or consignor submits an application for automatic licensing before handling customs declaration procedures， the State Council department in charge of foreign trade or its appointed organizations shall grant licensing. Where the procedures for automatic licensing have not been completed， customs shall not release the goods.

　　To import and export free import and export technology， registration for record filing of contracts shall be handled with the State Council department in charge of foreign trade or its appointed organizations.

　　Article 16　The State may restrict or prohibit the import or export of relevant goods and technology for the following reasons：

　　1. it is necessary to restrict or prohibit import or export in order to safeguard State security， public interests or public morals；

　　2. it is necessary to restrict or prohibit import or export in order to protect human health or safety， the lives or health of animals and plants， and the environment；

　　3. it is necessary to restrict or prohibit import or export in order to implement measures related to the import and export of gold and silver；

　　4. it is necessary to restrict or prohibit export due to a shortage of domestic supply or in order to effectively protect natural resources that may be exhausted；

　　5. it is necessary to restrict export due to limited capacity of the markets of importing countries or regions；

　　6. it is necessary to restrict export due to serious chaos in the export operation order；

　　7. it is necessary to restrict import in order to establish， or accelerate the establishment of， specific domestic industries；

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

　　9. it is necessary to restrict import in order to safeguard the international financial position and the balance of payments of the country；

　　10. other circumstances in which it is necessary to restrict or prohibit import or export in accordance with the pr

ovisions of laws and administrative regulations； and

　　11. other circumstances in which it is necessary to restrict or prohibit import or export in accordance with the provisions of international treaties or agreements that the People's Republic of China has concluded or acceded to.

　　Article 17　The State may， in order to safeguard State security， adopt any necessary measures on the import and export in relation to fission and fusion substances， and the goods and technology related to the substances from which these types of substances are derived， and the import and export in relation to arms， ammunition or other military materials.

　　During war time or in order to safeguard world peace and security， the State may adopt any necessary measures regarding import and export of goods and technology.

　　Article 18　The State Council department in charge of foreign trade in conjunction with other relevant departments of the State Council shall formulate， adjust and announce catalogues of goods and technology that are restricted or prohibited from import or export in accordance with Articles 16 and 17 hereof.

　　The State Council department in charge of foreign trade may， independently or in conjunction with other relevant departments of the State Council， decide on an interim basis to restrict or prohibit the import or export of specific goods and technology other than those in the catalogues stipulated in the preceding paragraph within the scope stipulated in Articles 16 and 17 hereof， upon approval of the State Council.

　　Article 19　The State shall implement administration in forms such as quota and licensing on goods the import or export of which is restricted. Technology the import or export of which is restricted shall be subject to licensing control.

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