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

l penalty specified in the two preceding paragraphs， the State Council department in charge of foreign trade or other relevant departments of the State Council may refuse to accept applications for import and export quota or licence of the perpetrator within three years， or prohibit the perpetrator to engage in import and export business activities related to the relevant goods and technology for a period of not less than one year and not more than three years.

　　Article 62　In the case of engagement in prohibited international service trade or engagement in restricted international service trade without authorization， such act shall be penalized according to the provisions of the relevant laws and administrative regulations. Where there are no stipulations in laws or administrative regulations， the State Council department in charge of foreign trade shall order rectification， confiscate the illegal income， and impose a fine of not less than one time and not more than five times the illegal income. Where there is no illegal income or the illegal income is less than Rmb 10，000， a fine of not less than Rmb 10，000 and not more than Rmb 50，000 shall be imposed. Where a criminal offence is constituted， criminal liability shall be pursued according to law.

　　The State Council department in charge of foreign trade may prohibit perpetrators to engage in the relevant international trade service business activities for a period of not less than one year and not more than three years from the effective date of the decision on administrative penalty or the effective date of the decision on criminal penalty specified in the preceding paragraph.

　　Article 63　Violation of Article 34 hereof shall be penalized according to the provisions of the relevant laws and administrative regulations. Where a criminal offence is constituted， criminal liability shall be pursued according to law.

　　The State Council department in charge of foreign trade may prohibit perpetrators to engage in the relevant foreign trade business activities for a period of not less than one year and not more than three years from the effective date of the decision on administrative penalty or the effective date of the decision on criminal penalty specified in the preceding paragraph.

　　Article 64　Where a foreign exchange operator is prohibited from engaging in the relevant foreign trade business activities according to Articles 61 to 63 hereo

f， customs shall not handle the procedures for customs declaration and inspection and release for the relevant imported and export goods of such foreign trade operator according to the prohibition decision rendered by the State Council department in charge of foreign trade； and the foreign exchange administrative department or designated foreign exchange banks shall not handle the relevant procedures for settlement and sale of foreign exchange， within the prohibition period.

　　Article 65　Where working personnel responsible for foreign trade administration work according to this Law are derelict in their duties， practise graft or abuse their power， and a criminal offence is constituted thereby， criminal liability shall be pursued according to law. Where it is insufficient to constitute a criminal offence， administrative penalty shall be imposed according to law.

　　Where working personnel responsible for foreign trade administration work according to this Law take advantage of their position to extort property from other parties or illegally accept property from other parties to seek benefits for such parties， and a criminal offence is constituted thereby， criminal liability shall be pursued according to law. Where it is insufficient to constitute a criminal offence， administrative penalty shall be imposed according to law.

　　Article 66　Where a party involved in foreign trade business activities is dissatisfied with a specific administrative act of the department responsible for foreign trade administrative work according to this Law， it may apply for administrative review or institute an administrative action at a people's court according to law.

　　PART ELEVEN　SUPPLEMENTARY PROVISIONS

　　Article 67　Where there are other stipulations in laws or administrative regulations on the administration of foreign trade relating to military materials， fission and fusion substances or substances that derive from these types of substances， and the administration of import and export of cultural products， such stipulations shall prevail.

　　Article 68　The State shall adopt flexible measures to grant preferential treatment and convenience to promote trade between border regions of China and neighbouring countries and trading between border residents at fairs within each other's territories. Specific procedures shall be formulated by the State Council.

　　Article 69　This Law shall not apply to separate tariff zones of the People's Republic of China.

　　Article 70　This Law shall be implemented as of 1 July 2004

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