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

　　Goods and technology subject to quota or licensing control may only be imported or exported upon the permission of the State Council department in charge of foreign trade， independently or in conjunction with other relevant departments of the State Council， in accordance with the provisions of the State Council.

　　The State may implement tariff quota control on certain import goods.

　　Article 20　Quotas for import and export goods and tariff quotas shall be allocated by the State Council department in charge of foreign trade or other relevant departments of the State Council within their respective scope of authority and on the basis of the principles of openness， fairness， impartiality and efficiency. Specific procedures shall be formulated by the State Council.

　　Article 21　The State shall implement a unified commodity quality evaluation system and carry out certification， inspection and quarantine of imported and exported commodities in accordance with the provisions of the relevant laws and administrative regulations.

　　Article 22　The State shall implement administration of place of origin on imported and exported goods. Specific procedures shall be formulated by the State Council.

　　Article 23　Where there are stipulations in other laws and administrative regulations on the restriction or prohibition of import and export of cultural relics， wild animals and plants and their products， etc.， the stipulations of the relevant laws and administrative regulations shall prevail.

　　PART FOUR　INTERNATIONAL SERVICE TRADE

　　Article 24　The People's Republic of China shall grant， in accordance with its commitments in regard to international service trade in international treaties or agreements to which it is a signatory or acceding party， market access or national treatment to other signatories or acceding parties in such treaties or agreements.

　　Article 25　The Sate Council department in charge of foreign trade and other relevant departments of the State Council shall administer international service trade in accordance with the provisions of this Law and other relevant la

ws and administrative regulations.

　　Article 26　The State may restrict or prohibit the relevant international service trade for any of the following reasons：

　　1. restriction or prohibition is necessary in order to safeguard State security， public interests or public morals；

　　2. restriction or prohibition is necessary in order to protect human health or safety， the lives or health of animals and plants， and the environment；

　　3. restriction is necessary in order to establish， or accelerate the establishment of， specific domestic service industries；

　　4. restriction is necessary in order to safeguard the balance of foreign exchange payments of the country；

　　5. other circumstances in which restriction or prohibition is necessary in accordance with the provisions of laws and administrative regulations； and

　　6. other circumstances in which restriction or prohibition is necessary in accordance with the provisions of international treaties or agreements that the People's Republic of China has concluded or acceded to.

　　Article 27　The State may， in order to safeguard State security， adopt any necessary measures on international service trade in relation to military， and the international service trade in relation to fission and fusion substances， and the substances from which these types of substances are derived.

　　During war time or in order to safeguard world peace and security， the State may adopt any necessary measures regarding international service trade.

　　Article 28　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 market access to international service trade in accordance with Articles 26 and 27 hereof and the provisions of other relevant laws and administrative regulations.

　　PART FIVE　PRODUCTION OF INTELLECTUAL PROPERTY RIGHTS RELATED TO FOREIGN TRADE

　　Article 29　The State shall protect intellectual property rights related to foreign trade in accordance with the laws and administrative regulations on intellectual property.

　　Where imported goods infringe upon intellectual property rights and harm foreign trade order， the State Council department in charge of foreign trade may adopt measures such as prohibition of the import of goods produced or sold by the infringer within a certain time period.

　　Article 30　Where an owner of intellectual property rights commits any one of the acts such as preventing licensees from inquiring about the validity of intellectual property rights specified in the licensing contract， giving compulsory package licence， stipulating terms of exclusive grant back rights in licensing contracts， thereby harming the order of fair competition in foreign trade， the State Council department in charge of foreign trade may adopt necessary measures to eliminate such harm.

　　Article 31　Where any country or region fails to grant national treatment to the legal persons， other organizations or individuals of the People's Republic of China in regard to protection of intellectual property rights， or fails to provide sufficient and effective protection of intellectual property rights to goods， technology or services that originate from the People's Republic of China， the State Council department in charge of foreign trade may， in accordance with the provisions of this Law and other relevant laws and administrative regulations and， based on the international treaties and agreements that the People's Republic of China has concluded or acceded to， adopt necessary measures on trade with such country or region.

　　PART SIX　FOREIGN TRADE ORDER

　　Article 32　In the course of foreign trade business activities， no act of monopoly that violates the provisions of laws and administrative regulations on anti-monopoly may be implemented.

　　Where an act of monopo

ly is implemented in foreign trade business activities and the fair competition of the market is harmed thereby， the matter shall be handled in accordance with the provisions of laws and administrative regulations on anti-monopoly. If an illegal act specified in the preceding paragraph is committed and foreign trade order is harmed thereby， the State Council department in charge of foreign trade may adopt necessary measures to eliminate the harm.

　　Article 33　In the course of foreign trade business activities， no acts of unfair competition such as selling commodities at an unfairly low price， colluding in the submission of tenders， publishing false advertisements and engaging in commercial bribery may be implemented.

　　Implementation of acts of unfair competition in foreign trade business activities shall be handled in accordance with the provisions of laws and administrative regulations on unfair competition.

　　Where an illegal act specified in the preceding paragraph has been committed and foreign trade order is harmed thereby， the State Council department in charge of foreign trade may adopt measures such as prohibition of the import and export of the relevant goods and technology by the business operator to eliminate the harm.

　　Article 34　The following acts may not be committed in foreign trade activities：

　　1. forging or altering marks of place of origin of imported and exported goods， or forging， altering or trading certificates of place of origin of imported and exported goods， import or export licences， certificates of import or export quotas， or other import and export supporting documents；

　　2. obtaining export tax refunds by means of deception；

　　3. smuggling；

　　4. evasion of certification， inspection and quarantine stipulated in laws and administrative regulations； and

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

　　Article 35　In the course of foreign trade business activities， foreign trade operators shall comply with the provisions of the State on foreign exchange control.

　　Article 36　Where foreign trade order is harmed in violation of the provisions hereof， the State Council department in charge of foreign trade may announce to the public thereof.

　　PART SEVEN　FOREIGN TRADE INVESTIGATION

　　Article 37　In order to safeguard foreign trade order， the State Council department in charge of foreign trade may， independently or in conjunction with other relevant departments of the State Council， conduct investigation of the following matters in accordance with the provisions of laws and administrative regulations：

　　1. impact of import and export of goods， technology and international service trade on the domestic industry and its competitiveness；

　　2. trade barriers of the relevant countries or regions；

　　3. issues that require investigation for determining whether foreign trade remedial measures such as anti-dumping， anti-subsidy or safeguard measures shall be adopted according to law；

　　4. acts of evasion of foreign trade remedial measures；

　　5. issues related to the security and interest of the State in foreign trade activities；

　　6. issues that require investigation for implementing Article 7， Paragraph Two of Article 29， Article 30， Article 31， Paragraph Three of Article 32 and Paragraph Three of Article 33 hereof； and

　　7. other matters affecting foreign trade order that require investigation.

　　Article 38　Initiation of foreign trade investigation shall be publicly announced by the State Counc

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/