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Foreign Trade Law of The People's Republic of China

Updated: 2006-04-17 11:46

Article 15 The authority responsible for foreign trade under the State
Council may, in accordance with the need to supervise import and export,
implement automatic import and export licensing certain goods subject to
free import and export and make public the list thereof. Where the
consignee or the consigner of the imported or exported goods subject to
automatic licensing submits the automatic licensing application before
going through the Customs declaration procedures, the authority
responsible for foreign trade under the State Council or its authorized
authorities shall grant approval. In case of failure to accomplish
automatic licensing procedures, the Customs shall not grant release. In
the case of importing or exporting technologies subject to free import
and export, the contracts thereof shall be registered with the authority
responsible for foreign trade under the State Council or its authorized
authorities.

Article 16 The State may restrict or prohibit the import or export of
relevant goods and technologies for the following reasons that:
(1) the import or export needs to be restricted or prohibited in order to
safeguard the state security, public interests or public morals,
(2) the import or export needs to be restricted or prohibited in order to
protect the human health or security, the animals and plants life or
health or the environment,
(3) the import or export needs to be restricted or prohibited in order to
implement the measures relating to the importations and exportations of
gold or silver,
(4) the export needs to be restricted or prohibited in the case of
domestic shortage in supply or the effective protection of exhaustible
natural resources,
(5) the export needs to be restricted in the case of the limited market
capacity of the importing country or region,
(6) the export needs to be restricted in the case of the occurrence of
serious confusion in the export operation order,
(7) the import needs to be restricted in order to establish or accelerate
the establishment of a particular domestic industry,
(8) the restriction on the import of agricultural, animal husbandry or
fishery products in any form is necessary,
(9) the import needs to be restricted in order to maintain the State's
international financial status and the balance of international payment,
(10) the import or export needs to be restricted or prohibited as laws
and administrative regulations so provide, or
(11) the import or export needs to be restricted or prohibited as the
international treaties or agreements to which the state is a contracting
party or a participating party so require.

Article 17 The State may, in the case of the import or export of the
goods and technologies relating to fissionable and fissionable materials
or the materials form which they are derived as well as the import or
export relating to arms, ammunition and implements for war, take any
measures as necessary to safeguard the state security. The State may, in
the time of war or for the protection of international peace and
security, take any measures as necessary in respect of import or export
of goods and technologies.

Article 18 The authority responsible for foreign trade under the State
Council in conjunction with other relevant authorities under the State
Council shall, in accordance with the provisions of Articles 16 and 17 in
this Law, establish, adjust and publish the list of goods and
technologies of which the import or export is subject to restrictions or
prohibitions. The authority responsible for foreign trade under the State
Council independently or in conjunction with other relevant authorities
under the State Council may, with the approval from the State Council,
decide, on a temporary basis, to impose restrictions or prohibitions on
the import or export of goods and technologies not included in the list
provided in the above paragraph within the meaning of Article 16 and
Article 17 in this Law.

Article 19 Goods subject to import or export restriction shall be
subject to quota and/or licensing control; technologies whose import or
export is restricted shall be subject to licensing control. Import or
export of any goods and technologies subject to quota and/or licensing
control will be effected only with the approval of the authorities
responsible for foreign trade under the State Council or the joint
approval of the foregoing authorities and other relevant authorities
under the State Council in compliance with the provisions of the State
Council. Certain imported goods may be subject to tariff rate quota
control.

Article 20 Quotas and tariff rate quotas of the imported and exported
goods shall be distributed on the principles of transparency, equity,
impartiality and efficiency by the authority responsible for foreign
trade under the State Council or the relevant authorities under the State
Council within their respective responsibilities. Specific measures for
the distribution shall be laid down by the State Council.

Article 21 The state shall implement the commodity assessment system in
a uniform manner and in accordance with the provisions of relevant laws
and administrative regulations carry out certification, inspection or
quarantine in respect of imported and exported commodities.

Article 22 The state shall implement origin management in respect of the
imported and exported goods. Specific measures therefore shall be laid
down by the State Council.

Article 23 Where the import or export of cultural relics, wildlife
animals, plants and the products thereof are prohibited or restricted by
other laws or administrative regulations, the provisions of relevant laws
and regulations shall be observed.

Chapter 4 International Trade in Services

Article 24 In respect of international trade in services, the People's
Republic of China shall, in accordance with the commitments made in
international treaties or agreements to which the People's Republic of
China is a contracting party or a participating party, grant the other
contracting parties or participating parties market access and national
treatment.

Article 25 The authority responsible for foreign trade under the State
Council in conjunction with other relevant authorities under the State
Council shall, pursuant to provisions of this Law and other laws and
administrative regulations, administer the international trade in
services.

Article 26 The State may impose restrictions and prohibitions on the
international trade in services for the reasons that:
(1) restrictions or prohibitions are needed to safeguard the state
security, public interests or public morals,
(2) restrictions or prohibitions are needed to protect the human health
or security, the animals and plants life or health or the environment,
(3) restrictions are needed to establish or accelerate the establishment
of a particular domestic service industry,
(4) restrictions are needed to maintain the balance of international
payment of the state,
(5) restrictions or prohibitions are needed as laws and administrative
regulations so provide, or
(6) restrictions or prohibitions are needed as the international treaties
or agreements to which the state is a contracting party or a
participating party so require.

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