Chapter I General rules
Article oneThis Law is enacted with a view to expanding opening to the outside world, developing foreign trade, maintaining foreign trade order, protecting the lawful rights and interests of foreign trade dealers and promoting the healthy development of the socialist market economy。
Article 2This Law shall apply to foreign trade and the protection of foreign trade-related intellectual property rights。
Foreign trade as mentioned in this Law refers to the import and export of goods, technology and international trade in services。
Article 3The authority responsible for foreign trade under The State Council is in charge of the foreign trade work throughout the country in accordance with this Law。
Article 4The State implements a unified foreign trade system, encourages the development of foreign trade, and maintains a fair and free foreign trade order。
Article 5On the principle of equality and mutual benefit, the People's Republic of China promotes and develops trade relations with other countries and regions, concludes or participates in such regional economic and trade agreements as customs union agreements and free trade area agreements, and participates in regional economic organizations。
Article 6In the field of foreign trade, the People's Republic of China grants most-favored-nation treatment and national treatment to other contracting parties and participants in accordance with the international treaties and agreements it has concluded or acceded to, or grants most-favored-nation treatment and national treatment to each other on the basis of the principle of reciprocity and reciprocity。
Article 7Where any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the People's Republic of China in respect of trade, the People's Republic of China may, in light of the actual situation, take corresponding measures against that country or region。
Article 2This Law shall apply to foreign trade and the protection of foreign trade-related intellectual property rights。
Foreign trade as mentioned in this Law refers to the import and export of goods, technology and international trade in services。
Article 3The authority responsible for foreign trade under The State Council is in charge of the foreign trade work throughout the country in accordance with this Law。
Article 4The State implements a unified foreign trade system, encourages the development of foreign trade, and maintains a fair and free foreign trade order。
Article 5On the principle of equality and mutual benefit, the People's Republic of China promotes and develops trade relations with other countries and regions, concludes or participates in such regional economic and trade agreements as customs union agreements and free trade area agreements, and participates in regional economic organizations。
Article 6In the field of foreign trade, the People's Republic of China grants most-favored-nation treatment and national treatment to other contracting parties and participants in accordance with the international treaties and agreements it has concluded or acceded to, or grants most-favored-nation treatment and national treatment to each other on the basis of the principle of reciprocity and reciprocity。
Article 7Where any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the People's Republic of China in respect of trade, the People's Republic of China may, in light of the actual situation, take corresponding measures against that country or region。
Chapter II Foreign Trade Dealers
Article VIIIForeign trade dealers referred to in this Law refer to legal persons, other organizations or individuals who have completed industrial and commercial registration or other professional procedures according to law and engaged in foreign trade operations in accordance with the provisions of this Law and other relevant laws and administrative regulations。
The ninth articleA foreign trade dealer engaged in the import and export of goods or technologies shall file a record and register with the authority in charge of foreign trade under The State Council or the institution entrusted by it.However, the laws, administrative regulations and the department in charge of foreign trade under The State Council do not require registration, except。The specific measures for filing and registration shall be formulated by the department in charge of foreign trade under The State Council。Where foreign trade dealers fail to register for the record in accordance with relevant provisions, the customs shall not handle the formalities of declaration, inspection and release of import and export goods。
Article tenThose engaged in international trade in services shall abide by the provisions of this Law and other relevant laws and administrative regulations。
Units engaged in foreign project contracting or foreign labor service cooperation shall have the corresponding qualifications or qualifications。Specific measures shall be formulated by The State Council。
Article 11The State may exercise state trade control over the import and export of certain goods。The import and export business of goods subject to state trade administration shall only be operated by authorized enterprises;However, unless the State allows the import and export business of goods under state trade administration to be operated by unauthorized enterprises in part。The catalogue of goods subject to state trade administration and the authorized enterprises shall be determined, adjusted and published by the department in charge of foreign trade under The State Council in conjunction with other relevant departments under The State Council。
Where, in violation of the provisions of the first paragraph of this article, goods subject to state trade administration are imported or exported without authorization, the Customs shall not release them。
Article 12Foreign trade dealers may accept the entrustment of others to handle foreign trade business on their behalf within their business scope。
Article 13Foreign trade dealers shall submit documents and materials related to their foreign trade operations to the relevant departments in accordance with the provisions made by the department in charge of foreign trade under The State Council or other relevant departments under The State Council according to law。The relevant departments shall keep confidential the business secrets of the suppliers。
The ninth articleA foreign trade dealer engaged in the import and export of goods or technologies shall file a record and register with the authority in charge of foreign trade under The State Council or the institution entrusted by it.However, the laws, administrative regulations and the department in charge of foreign trade under The State Council do not require registration, except。The specific measures for filing and registration shall be formulated by the department in charge of foreign trade under The State Council。Where foreign trade dealers fail to register for the record in accordance with relevant provisions, the customs shall not handle the formalities of declaration, inspection and release of import and export goods。
Article tenThose engaged in international trade in services shall abide by the provisions of this Law and other relevant laws and administrative regulations。
Units engaged in foreign project contracting or foreign labor service cooperation shall have the corresponding qualifications or qualifications。Specific measures shall be formulated by The State Council。
Article 11The State may exercise state trade control over the import and export of certain goods。The import and export business of goods subject to state trade administration shall only be operated by authorized enterprises;However, unless the State allows the import and export business of goods under state trade administration to be operated by unauthorized enterprises in part。The catalogue of goods subject to state trade administration and the authorized enterprises shall be determined, adjusted and published by the department in charge of foreign trade under The State Council in conjunction with other relevant departments under The State Council。
Where, in violation of the provisions of the first paragraph of this article, goods subject to state trade administration are imported or exported without authorization, the Customs shall not release them。
Article 12Foreign trade dealers may accept the entrustment of others to handle foreign trade business on their behalf within their business scope。
Article 13Foreign trade dealers shall submit documents and materials related to their foreign trade operations to the relevant departments in accordance with the provisions made by the department in charge of foreign trade under The State Council or other relevant departments under The State Council according to law。The relevant departments shall keep confidential the business secrets of the suppliers。
Chapter III Import and Export of goods and technologies
Article 14The State permits the free import and export of goods and technologies。However, except as otherwise provided for by laws and administrative regulations。
Article 15The department in charge of foreign trade under The State Council may, on the basis of the need to monitor import and export, apply automatic import and export licenses to some goods for free import and export and publish the list。
For import and export goods subject to automatic licensing, where the consignee or consignor files an application for automatic licensing before completing the customs declaration formalities, the department in charge of foreign trade under The State Council or its authorized agency shall grant permission;Failure to go through the automatic licensing procedures, the customs shall not release。
For the import and export of technologies that are subject to free import and export, contracts shall be filed and registered with the authority in charge of foreign trade under The State Council or the institution entrusted by it。
Article 16The State may restrict or prohibit the import or export of relevant goods and technologies for the following reasons:
(1) where the import or export needs to be restricted or prohibited in order to safeguard national security, public interests or public morality;
(2) where the import or export needs to be restricted or prohibited in order to protect human health or safety, animal or plant life or health, and the environment;
(3) It is necessary to restrict or prohibit the import or export of gold or silver in order to implement measures related to the import and export of gold or silver;
(4) where the export needs to be restricted or prohibited due to the shortage of domestic supply or for the effective protection of natural resources that may be exhausted;
(5) The export needs to be restricted due to the limited market capacity of the exporting country or region;
(6) serious disorder occurs in the order of export management and it is necessary to restrict export;
(7) In order to establish or accelerate the establishment of a specific domestic industry, it is necessary to restrict the import;
(8) where it is necessary to restrict the import of agricultural, animal husbandry and fishery products in any form;
(9) In order to safeguard the international financial position of the State and the balance of international payments, it is necessary to restrict the import;
(10) Other import or export needs to be restricted or prohibited in accordance with the provisions of laws and administrative regulations;
(11) Other items requiring restriction or prohibition of import or export in accordance with the provisions of international treaties and agreements concluded or acceded to by China。
Article 17The State may take any necessary measures to safeguard national security with respect to the import and export of goods and technologies related to fissile and fusion materials or materials derived from such materials, as well as the import and export of weapons, ammunition or other military materials。
In time of war or for the maintenance of international peace and security, the State may take any necessary measures with respect to the import and export of goods and technologies。
Article 18The authority in charge of foreign trade under The State Council shall, in conjunction with other relevant departments under The State Council, formulate, adjust and publish a list of goods and technologies whose import and export are restricted or prohibited in accordance with the provisions of Articles 16 and 17 of this Law。
The authority in charge of foreign trade under The State Council, or in conjunction with other relevant departments under The State Council, may, within the scope provided for in Articles 16 and 17 of this Law, temporarily decide to restrict or prohibit the import or export of specific goods and technologies other than those listed in the preceding paragraph。
Article 19The State shall administer goods whose import or export is restricted by means of quotas, licenses, etc.Technology whose import or export is restricted shall be subject to license administration。
Goods and technologies subject to quota and license administration may be imported or exported only with the permission of the department in charge of foreign trade under The State Council or in conjunction with other relevant departments under The State Council in accordance with the provisions of The State Council。
The State may apply tariff quota management to some imported goods。
Article 20Quotas of import and export goods and tariff quotas shall be allocated by the department in charge of foreign trade under The State Council or other relevant departments under The State Council within the scope of their respective functions and duties in accordance with the principles of openness, fairness, justice and efficiency。Specific measures shall be formulated by The State Council。
Article 21The state implements a unified commodity conformity assessment system and conducts certification, inspection and quarantine of import and export commodities in accordance with relevant laws and administrative regulations。
Article 22The State shall administer the origin of import and export goods。Specific measures shall be formulated by The State Council。
Article 23Where the import and export of cultural relics, wild animals, plants and their products are prohibited or restricted by other laws and administrative regulations, the provisions of the relevant laws and administrative regulations shall be implemented。
Article 15The department in charge of foreign trade under The State Council may, on the basis of the need to monitor import and export, apply automatic import and export licenses to some goods for free import and export and publish the list。
For import and export goods subject to automatic licensing, where the consignee or consignor files an application for automatic licensing before completing the customs declaration formalities, the department in charge of foreign trade under The State Council or its authorized agency shall grant permission;Failure to go through the automatic licensing procedures, the customs shall not release。
For the import and export of technologies that are subject to free import and export, contracts shall be filed and registered with the authority in charge of foreign trade under The State Council or the institution entrusted by it。
Article 16The State may restrict or prohibit the import or export of relevant goods and technologies for the following reasons:
(1) where the import or export needs to be restricted or prohibited in order to safeguard national security, public interests or public morality;
(2) where the import or export needs to be restricted or prohibited in order to protect human health or safety, animal or plant life or health, and the environment;
(3) It is necessary to restrict or prohibit the import or export of gold or silver in order to implement measures related to the import and export of gold or silver;
(4) where the export needs to be restricted or prohibited due to the shortage of domestic supply or for the effective protection of natural resources that may be exhausted;
(5) The export needs to be restricted due to the limited market capacity of the exporting country or region;
(6) serious disorder occurs in the order of export management and it is necessary to restrict export;
(7) In order to establish or accelerate the establishment of a specific domestic industry, it is necessary to restrict the import;
(8) where it is necessary to restrict the import of agricultural, animal husbandry and fishery products in any form;
(9) In order to safeguard the international financial position of the State and the balance of international payments, it is necessary to restrict the import;
(10) Other import or export needs to be restricted or prohibited in accordance with the provisions of laws and administrative regulations;
(11) Other items requiring restriction or prohibition of import or export in accordance with the provisions of international treaties and agreements concluded or acceded to by China。
Article 17The State may take any necessary measures to safeguard national security with respect to the import and export of goods and technologies related to fissile and fusion materials or materials derived from such materials, as well as the import and export of weapons, ammunition or other military materials。
In time of war or for the maintenance of international peace and security, the State may take any necessary measures with respect to the import and export of goods and technologies。
Article 18The authority in charge of foreign trade under The State Council shall, in conjunction with other relevant departments under The State Council, formulate, adjust and publish a list of goods and technologies whose import and export are restricted or prohibited in accordance with the provisions of Articles 16 and 17 of this Law。
The authority in charge of foreign trade under The State Council, or in conjunction with other relevant departments under The State Council, may, within the scope provided for in Articles 16 and 17 of this Law, temporarily decide to restrict or prohibit the import or export of specific goods and technologies other than those listed in the preceding paragraph。
Article 19The State shall administer goods whose import or export is restricted by means of quotas, licenses, etc.Technology whose import or export is restricted shall be subject to license administration。
Goods and technologies subject to quota and license administration may be imported or exported only with the permission of the department in charge of foreign trade under The State Council or in conjunction with other relevant departments under The State Council in accordance with the provisions of The State Council。
The State may apply tariff quota management to some imported goods。
Article 20Quotas of import and export goods and tariff quotas shall be allocated by the department in charge of foreign trade under The State Council or other relevant departments under The State Council within the scope of their respective functions and duties in accordance with the principles of openness, fairness, justice and efficiency。Specific measures shall be formulated by The State Council。
Article 21The state implements a unified commodity conformity assessment system and conducts certification, inspection and quarantine of import and export commodities in accordance with relevant laws and administrative regulations。
Article 22The State shall administer the origin of import and export goods。Specific measures shall be formulated by The State Council。
Article 23Where the import and export of cultural relics, wild animals, plants and their products are prohibited or restricted by other laws and administrative regulations, the provisions of the relevant laws and administrative regulations shall be implemented。
Chapter IV International Trade in services
Article 24In the field of international trade in services, the People's Republic of China grants market access and national treatment to other contracting parties and participants in accordance with the commitments made in the international treaties and agreements it has concluded or joined。
Article 25The authority in charge of foreign trade under The State Council and other relevant departments under The State Council shall administer international trade in services in accordance with this Law and other relevant laws and administrative regulations。
Article 26The State may restrict or prohibit the relevant international trade in services for the following reasons:
(1) where it is necessary to restrict or prohibit it in order to safeguard national security, public interest or public morality;
(2) where restrictions or prohibitions are necessary to protect human health or safety, animal or plant life or health, and the environment;
(3) For the purpose of establishing or speeding up the establishment of a specific domestic service industry, restrictions are needed;
(4) where restrictions are necessary to ensure the balance of the State's foreign exchange revenues and expenditures;
(5) Other activities that need to be restricted or prohibited in accordance with the provisions of laws and administrative regulations;
(6) Other items that need to be restricted or prohibited according to the provisions of international treaties and agreements concluded or acceded to by China。
Article 27The State may take any necessary measures to safeguard its national security with respect to the international trade in services related to the military, as well as the international trade in services related to fissile or fusible substances or substances derived from such substances。
In time of war or for the maintenance of international peace and security, the State may take any necessary measures in respect of international trade in services。
Article 28The authority in charge of foreign trade under The State Council shall, in conjunction with other relevant departments under The State Council, formulate, adjust and publish the catalogue of market access for international trade in services in accordance with Articles 26 and 27 of this Law and other relevant laws and administrative regulations。
Article 25The authority in charge of foreign trade under The State Council and other relevant departments under The State Council shall administer international trade in services in accordance with this Law and other relevant laws and administrative regulations。
Article 26The State may restrict or prohibit the relevant international trade in services for the following reasons:
(1) where it is necessary to restrict or prohibit it in order to safeguard national security, public interest or public morality;
(2) where restrictions or prohibitions are necessary to protect human health or safety, animal or plant life or health, and the environment;
(3) For the purpose of establishing or speeding up the establishment of a specific domestic service industry, restrictions are needed;
(4) where restrictions are necessary to ensure the balance of the State's foreign exchange revenues and expenditures;
(5) Other activities that need to be restricted or prohibited in accordance with the provisions of laws and administrative regulations;
(6) Other items that need to be restricted or prohibited according to the provisions of international treaties and agreements concluded or acceded to by China。
Article 27The State may take any necessary measures to safeguard its national security with respect to the international trade in services related to the military, as well as the international trade in services related to fissile or fusible substances or substances derived from such substances。
In time of war or for the maintenance of international peace and security, the State may take any necessary measures in respect of international trade in services。
Article 28The authority in charge of foreign trade under The State Council shall, in conjunction with other relevant departments under The State Council, formulate, adjust and publish the catalogue of market access for international trade in services in accordance with Articles 26 and 27 of this Law and other relevant laws and administrative regulations。
Chapter V Protection of intellectual Property Rights related to foreign trade
Article 29The State shall protect intellectual property rights related to foreign trade in accordance with relevant laws and administrative regulations on intellectual property rights。
Where the imported goods infringe intellectual property rights and endanger the foreign trade order, the authority responsible for foreign trade under The State Council may take measures such as prohibiting the import of the relevant goods produced or sold by the infringer within a certain period of time。
Article 30The intellectual property right holder has one of the acts of preventing the licensee from questioning the validity of the intellectual property rights in the license contract, carrying out a mandatory blanket license, and stipulating the conditions of exclusive return in the license contract，And endanger the foreign trade fair competition order，The department in charge of foreign trade under The State Council may take necessary measures to eliminate the harm。
Article 31Other countries or regions do not grant national treatment to legal persons, other organizations or individuals of the People's Republic of China in respect of intellectual property protection，Or fails to provide adequate and effective intellectual property protection for goods, technology or services originating in the People's Republic of China，The department in charge of foreign trade under The State Council may comply with the provisions of this Law and other relevant laws and administrative regulations，In accordance with international treaties and agreements concluded or acceded to by the People's Republic of China，Take necessary measures for trade with that country or region。
Where the imported goods infringe intellectual property rights and endanger the foreign trade order, the authority responsible for foreign trade under The State Council may take measures such as prohibiting the import of the relevant goods produced or sold by the infringer within a certain period of time。
Article 30The intellectual property right holder has one of the acts of preventing the licensee from questioning the validity of the intellectual property rights in the license contract, carrying out a mandatory blanket license, and stipulating the conditions of exclusive return in the license contract，And endanger the foreign trade fair competition order，The department in charge of foreign trade under The State Council may take necessary measures to eliminate the harm。
Article 31Other countries or regions do not grant national treatment to legal persons, other organizations or individuals of the People's Republic of China in respect of intellectual property protection，Or fails to provide adequate and effective intellectual property protection for goods, technology or services originating in the People's Republic of China，The department in charge of foreign trade under The State Council may comply with the provisions of this Law and other relevant laws and administrative regulations，In accordance with international treaties and agreements concluded or acceded to by the People's Republic of China，Take necessary measures for trade with that country or region。
Chapter VI Foreign trade order
Article 32In the course of foreign trade operations, monopoly shall not be carried out in violation of the provisions of anti-monopoly laws and administrative regulations。
Those who carry out monopolistic acts in foreign trade operations and endanger fair competition in the market shall be dealt with in accordance with the provisions of relevant anti-monopoly laws and administrative regulations。Where the illegal acts mentioned in the preceding paragraph are harmful to foreign trade order, the department responsible for foreign trade under The State Council may take necessary measures to eliminate the harm。
Article 33In the course of foreign trade operations, no unfair competition acts such as selling commodities at unreasonably low prices, colluding in bidding, publishing false advertisements, and engaging in commercial bribery shall be carried out。
Any act of unfair competition in foreign trade operations shall be dealt with in accordance with the provisions of relevant laws and administrative regulations on anti-unfair competition。
Where the illegal acts mentioned in the preceding paragraph endanger the foreign trade order, the authority responsible for foreign trade under The State Council may take such measures as prohibiting the import and export of the relevant goods and technologies by the business operator to eliminate the harm。
Article 34In foreign trade activities, the following acts shall not be carried out:
(1) forging or altering marks of origin for import and export goods, forging, altering or trading certificates of origin, import and export licenses, certificates of import and export quotas or other import and export certificates;
(2) fraudulently obtaining export tax rebates;
(3) smuggling;
(4) evading certification, inspection and quarantine required by laws and administrative regulations;
(5) Other acts in violation of laws and administrative regulations。
Article 35Foreign trade dealers shall abide by the relevant state regulations on foreign exchange control in their foreign trade activities。
Article 36The department in charge of foreign trade under The State Council may make a public announcement about any violation of the provisions of this Law that endangers foreign trade order。
Those who carry out monopolistic acts in foreign trade operations and endanger fair competition in the market shall be dealt with in accordance with the provisions of relevant anti-monopoly laws and administrative regulations。Where the illegal acts mentioned in the preceding paragraph are harmful to foreign trade order, the department responsible for foreign trade under The State Council may take necessary measures to eliminate the harm。
Article 33In the course of foreign trade operations, no unfair competition acts such as selling commodities at unreasonably low prices, colluding in bidding, publishing false advertisements, and engaging in commercial bribery shall be carried out。
Any act of unfair competition in foreign trade operations shall be dealt with in accordance with the provisions of relevant laws and administrative regulations on anti-unfair competition。
Where the illegal acts mentioned in the preceding paragraph endanger the foreign trade order, the authority responsible for foreign trade under The State Council may take such measures as prohibiting the import and export of the relevant goods and technologies by the business operator to eliminate the harm。
Article 34In foreign trade activities, the following acts shall not be carried out:
(1) forging or altering marks of origin for import and export goods, forging, altering or trading certificates of origin, import and export licenses, certificates of import and export quotas or other import and export certificates;
(2) fraudulently obtaining export tax rebates;
(3) smuggling;
(4) evading certification, inspection and quarantine required by laws and administrative regulations;
(5) Other acts in violation of laws and administrative regulations。
Article 35Foreign trade dealers shall abide by the relevant state regulations on foreign exchange control in their foreign trade activities。
Article 36The department in charge of foreign trade under The State Council may make a public announcement about any violation of the provisions of this Law that endangers foreign trade order。
Chapter VII Foreign trade investigation
Article 37In order to maintain foreign trade order, the authority in charge of foreign trade under The State Council may, on its own or jointly with other relevant departments under The State Council, investigate the following matters in accordance with the provisions of laws and administrative regulations:
(1) The impact of import and export of goods, import and export of technologies, and international trade in services on domestic industries and their competitiveness;
(2) trade barriers of relevant countries or regions;
(3) matters requiring investigation in order to determine whether foreign trade remedy measures such as anti-dumping, countervailing or safeguard measures should be taken according to law;
(4) Acts of circumventing foreign trade remedy measures;
(5) matters relating to national security interests in foreign trade;
(6) matters requiring investigation in order to implement the provisions of Article 7, paragraph 2 of Article 29, Article 30, Article 31, paragraph 3 of Article 32, and paragraph 3 of Article 33 of this Law;
(7) Other matters affecting foreign trade order and requiring investigation。
Article 38The department in charge of foreign trade under The State Council shall issue a public announcement to initiate a foreign trade investigation。
The investigation can be conducted by written questionnaires, hearings, field investigations, commissioned investigations, etc。
The department in charge of foreign trade under The State Council shall, on the basis of the results of the investigation, submit an investigation report or make a ruling on the handling of the case, and publish a public announcement。
Article 39Relevant units and individuals shall give cooperation and assistance to foreign trade investigations。
The authority in charge of foreign trade under The State Council and other relevant departments under The State Council and their staff shall be obliged to keep confidential the state secrets and commercial secrets they come to know when conducting foreign trade investigations。
(1) The impact of import and export of goods, import and export of technologies, and international trade in services on domestic industries and their competitiveness;
(2) trade barriers of relevant countries or regions;
(3) matters requiring investigation in order to determine whether foreign trade remedy measures such as anti-dumping, countervailing or safeguard measures should be taken according to law;
(4) Acts of circumventing foreign trade remedy measures;
(5) matters relating to national security interests in foreign trade;
(6) matters requiring investigation in order to implement the provisions of Article 7, paragraph 2 of Article 29, Article 30, Article 31, paragraph 3 of Article 32, and paragraph 3 of Article 33 of this Law;
(7) Other matters affecting foreign trade order and requiring investigation。
Article 38The department in charge of foreign trade under The State Council shall issue a public announcement to initiate a foreign trade investigation。
The investigation can be conducted by written questionnaires, hearings, field investigations, commissioned investigations, etc。
The department in charge of foreign trade under The State Council shall, on the basis of the results of the investigation, submit an investigation report or make a ruling on the handling of the case, and publish a public announcement。
Article 39Relevant units and individuals shall give cooperation and assistance to foreign trade investigations。
The authority in charge of foreign trade under The State Council and other relevant departments under The State Council and their staff shall be obliged to keep confidential the state secrets and commercial secrets they come to know when conducting foreign trade investigations。
Chapter VIII Foreign trade remedies
Article 40The State may take appropriate foreign trade remedy measures according to the results of foreign trade investigations。
Article 41Products from other countries or regions are dumped into our market at a lower than normal value，Cause or threaten to cause material injury to an established domestic industry，Or materially impeding the establishment of a domestic industry，The State may take anti-dumping measures，To eliminate or mitigate such damage or the threat or impediment of damage。
Article 42Products from other countries or regions are exported to third country markets at a lower value than normal，Cause or threaten to cause material damage to our established domestic industry，Or cause substantial hindrance to the establishment of our domestic industry，At the request of domestic industry，The department responsible for foreign trade under The State Council may conduct consultations with the government of the third country，Ask them to take appropriate measures。
Article 43The imported products receive, directly or indirectly, any form of special subsidies given by the exporting country or region，Cause or threaten to cause material injury to an established domestic industry，Or materially impeding the establishment of a domestic industry，The state may take countervailing measures，To eliminate or mitigate such damage or the threat or impediment of damage。
Article 44Where a substantial increase in the quantity of imported products causes serious injury or threat of serious injury to the domestic industry that produces the same kind of products or directly competing products, the State may take necessary safeguard measures to eliminate or mitigate such injury or threat of injury, and may provide necessary support to the industry。
Article 45Where an increase in the number of services provided to our country by service providers from other countries or regions causes injury or threatens to cause injury to domestic industries providing similar services or directly competing services, the State may take necessary relief measures to eliminate or mitigate such injury or threat of injury。
Article 46Where restrictions on import by a third country result in a substantial increase in the quantity of a certain product entering the Chinese market, causing or threatening to cause injury to an established domestic industry, or hindering the establishment of a domestic industry, the State may take necessary relief measures to restrict the import of that product。
Article 47Countries or regions that have concluded or jointly participated in economic and trade treaties or agreements with the People's Republic of China，Violate the provisions of treaties and agreements，The interests enjoyed by the People's Republic of China under this Treaty or agreement shall be lost or impaired，Or obstructing the realization of the objectives of the treaty or agreement，The Government of the People's Republic of China shall have the right to request the governments of the countries or regions concerned to take appropriate remedial measures，And may suspend or terminate the performance of relevant obligations in accordance with relevant treaties and agreements。
Article 48The authority responsible for foreign trade under The State Council shall, in accordance with the provisions of this Law and other relevant laws, conduct bilateral or multilateral consultations and negotiations on foreign trade and settle disputes。
Article 49The authority in charge of foreign trade under The State Council and other relevant departments under The State Council shall establish an early warning and emergency mechanism for the import and export of goods, the import and export of technologies and international trade in services, cope with emergencies and abnormal situations in foreign trade, and safeguard national economic security。
Article 50The State may take necessary anti-circumvention measures against the circumvention of foreign trade remedy measures provided for in this Law。
Article 41Products from other countries or regions are dumped into our market at a lower than normal value，Cause or threaten to cause material injury to an established domestic industry，Or materially impeding the establishment of a domestic industry，The State may take anti-dumping measures，To eliminate or mitigate such damage or the threat or impediment of damage。
Article 42Products from other countries or regions are exported to third country markets at a lower value than normal，Cause or threaten to cause material damage to our established domestic industry，Or cause substantial hindrance to the establishment of our domestic industry，At the request of domestic industry，The department responsible for foreign trade under The State Council may conduct consultations with the government of the third country，Ask them to take appropriate measures。
Article 43The imported products receive, directly or indirectly, any form of special subsidies given by the exporting country or region，Cause or threaten to cause material injury to an established domestic industry，Or materially impeding the establishment of a domestic industry，The state may take countervailing measures，To eliminate or mitigate such damage or the threat or impediment of damage。
Article 44Where a substantial increase in the quantity of imported products causes serious injury or threat of serious injury to the domestic industry that produces the same kind of products or directly competing products, the State may take necessary safeguard measures to eliminate or mitigate such injury or threat of injury, and may provide necessary support to the industry。
Article 45Where an increase in the number of services provided to our country by service providers from other countries or regions causes injury or threatens to cause injury to domestic industries providing similar services or directly competing services, the State may take necessary relief measures to eliminate or mitigate such injury or threat of injury。
Article 46Where restrictions on import by a third country result in a substantial increase in the quantity of a certain product entering the Chinese market, causing or threatening to cause injury to an established domestic industry, or hindering the establishment of a domestic industry, the State may take necessary relief measures to restrict the import of that product。
Article 47Countries or regions that have concluded or jointly participated in economic and trade treaties or agreements with the People's Republic of China，Violate the provisions of treaties and agreements，The interests enjoyed by the People's Republic of China under this Treaty or agreement shall be lost or impaired，Or obstructing the realization of the objectives of the treaty or agreement，The Government of the People's Republic of China shall have the right to request the governments of the countries or regions concerned to take appropriate remedial measures，And may suspend or terminate the performance of relevant obligations in accordance with relevant treaties and agreements。
Article 48The authority responsible for foreign trade under The State Council shall, in accordance with the provisions of this Law and other relevant laws, conduct bilateral or multilateral consultations and negotiations on foreign trade and settle disputes。
Article 49The authority in charge of foreign trade under The State Council and other relevant departments under The State Council shall establish an early warning and emergency mechanism for the import and export of goods, the import and export of technologies and international trade in services, cope with emergencies and abnormal situations in foreign trade, and safeguard national economic security。
Article 50The State may take necessary anti-circumvention measures against the circumvention of foreign trade remedy measures provided for in this Law。
Chapter IX Foreign trade promotion
Article 51The state formulates foreign trade development strategies and establishes and improves foreign trade promotion mechanisms。
Article 52The state shall, in accordance with the needs of foreign trade development, establish and improve financial institutions for foreign trade and establish funds for foreign trade development and risk。
Article 53The State develops foreign trade through import and export credit, export credit insurance, export tax refund and other means of promoting foreign trade。
Article 54The State establishes a public information service system for foreign trade to provide information services to foreign trade operators and other members of the public。
Article 55The State shall take measures to encourage foreign trade dealers to explore the international market and develop foreign trade by means of foreign investment, foreign project contracting and foreign labor service cooperation。
Article 56Foreign trade dealers may establish and participate in relevant associations and chambers of commerce according to law。
Relevant associations and chambers of commerce shall abide by laws and administrative regulations，To provide its members with production, marketing, information, training and other services related to foreign trade in accordance with the articles of association，Play a coordinating and self-regulating role，To file applications for foreign trade remedy measures in accordance with the law，Safeguard the interests of members and the industry，Report members' suggestions on foreign trade to relevant government departments，Carry out foreign trade promotion activities。
Article 57The China Organization for the Promotion of International Trade shall, in accordance with its articles of association, carry out foreign relations, organize exhibitions, provide information and consulting services and other foreign trade promotion activities。
Article 58The State shall support and promote small and medium-sized enterprises to conduct foreign trade。
Article 59The State shall support and promote the development of foreign trade in national autonomous areas and economically underdeveloped areas。
Article 52The state shall, in accordance with the needs of foreign trade development, establish and improve financial institutions for foreign trade and establish funds for foreign trade development and risk。
Article 53The State develops foreign trade through import and export credit, export credit insurance, export tax refund and other means of promoting foreign trade。
Article 54The State establishes a public information service system for foreign trade to provide information services to foreign trade operators and other members of the public。
Article 55The State shall take measures to encourage foreign trade dealers to explore the international market and develop foreign trade by means of foreign investment, foreign project contracting and foreign labor service cooperation。
Article 56Foreign trade dealers may establish and participate in relevant associations and chambers of commerce according to law。
Relevant associations and chambers of commerce shall abide by laws and administrative regulations，To provide its members with production, marketing, information, training and other services related to foreign trade in accordance with the articles of association，Play a coordinating and self-regulating role，To file applications for foreign trade remedy measures in accordance with the law，Safeguard the interests of members and the industry，Report members' suggestions on foreign trade to relevant government departments，Carry out foreign trade promotion activities。
Article 57The China Organization for the Promotion of International Trade shall, in accordance with its articles of association, carry out foreign relations, organize exhibitions, provide information and consulting services and other foreign trade promotion activities。
Article 58The State shall support and promote small and medium-sized enterprises to conduct foreign trade。
Article 59The State shall support and promote the development of foreign trade in national autonomous areas and economically underdeveloped areas。
Chapter X Legal liability
Article 60Violation of Article 11 of this Law，Importing and exporting goods subject to state trade administration without authorization，The authority in charge of foreign trade under The State Council or other relevant departments under The State Council may impose a fine of not more than 50,000 yuan;serious，It may be within three years from the effective date of the administrative penalty decision，The application for the illegal person to engage in the import and export business of goods under state trade administration shall not be accepted，Or revoke the authorization granted to them to engage in the import and export of other goods under state trade administration。
Article 61Whoever imports or exports goods whose import or export is prohibited, or imports or exports goods whose import or export is restricted without permission, shall be dealt with and punished by the Customs in accordance with relevant laws and administrative regulations;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Importing or exporting technologies whose import or export is prohibited，Or import or export technologies subject to import or export restrictions without permission，Handling and punishment in accordance with the provisions of relevant laws and administrative regulations;Not provided for by laws or administrative regulations，The department in charge of foreign trade under The State Council shall order the correction，Confiscation of illegal gains，A fine of not less than one time but not more than five times the illegal income shall be imposed，Having no illegal gains or having illegal gains of less than 10,000 yuan，A fine of not less than 10,000 yuan but not more than 50,000 yuan;criminal，Criminal responsibility shall be investigated according to law。
As of the effective date of the administrative penalty decision or the effective date of the criminal penalty judgment provided for in the preceding two paragraphs，The department in charge of foreign trade under The State Council or other relevant departments under The State Council may, within three years, refuse to accept the application for import and export quotas or licenses submitted by the lawbreaker，Or prohibit the wrongdoer from engaging in the import and export of relevant goods or technologies within a period of not less than one year but not more than three years。
Article 62Engaging in prohibited international trade in services，Or engaging in restricted international trade in services without permission，Punishment in accordance with the provisions of relevant laws and administrative regulations;Not provided for by laws or administrative regulations，The department in charge of foreign trade under The State Council shall order the correction，Confiscation of illegal gains，A fine of not less than one time but not more than five times the illegal income shall be imposed，Having no illegal gains or having illegal gains of less than 10,000 yuan，A fine of not less than 10,000 yuan but not more than 50,000 yuan;criminal，Criminal responsibility shall be investigated according to law。
The authority in charge of foreign trade under The State Council may prohibit the violator from engaging in the relevant international trade in services within a period of not less than one year but not more than three years from the date when the administrative penalty decision or the criminal penalty judgment takes effect as provided in the preceding paragraph。
Article 63Whoever violates the provisions of Article 34 of this Law shall be punished in accordance with the provisions of relevant laws and administrative regulations;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
The department in charge of foreign trade under The State Council may prohibit the lawbreaker from engaging in the relevant foreign trade activities within a period of not less than one year but not more than three years from the date when the administrative penalty decision or the criminal penalty judgment takes effect as provided in the preceding paragraph。
Article 64Those who are prohibited from engaging in relevant foreign trade activities in accordance with Articles 61 to 63 of this Law，During the prohibition period，The Customs shall make prohibition decisions in accordance with law by the department in charge of foreign trade under The State Council，The relevant import and export goods of the foreign trade operator shall not go through the formalities of customs declaration, inspection and release，The foreign exchange administration departments or designated foreign exchange banks shall not handle the formalities related to the settlement and sale of foreign exchange。
Article 65Any staff member of the department responsible for foreign trade administration in accordance with this Law who neglects his duty, engages in malpractices for personal gains or abuses his power, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。
Any staff member of the department responsible for foreign trade administration in accordance with this Law who, by taking advantage of his position, demands money or property from others or illegally accepts money or property from others to seek benefits for others, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。
Article 66If a party concerned in foreign trade activities refuses to accept a specific administrative act made by the department responsible for foreign trade administration in accordance with this Law, it may apply for administrative reconsideration or bring an administrative lawsuit in a people's court in accordance with law。
Article 61Whoever imports or exports goods whose import or export is prohibited, or imports or exports goods whose import or export is restricted without permission, shall be dealt with and punished by the Customs in accordance with relevant laws and administrative regulations;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Importing or exporting technologies whose import or export is prohibited，Or import or export technologies subject to import or export restrictions without permission，Handling and punishment in accordance with the provisions of relevant laws and administrative regulations;Not provided for by laws or administrative regulations，The department in charge of foreign trade under The State Council shall order the correction，Confiscation of illegal gains，A fine of not less than one time but not more than five times the illegal income shall be imposed，Having no illegal gains or having illegal gains of less than 10,000 yuan，A fine of not less than 10,000 yuan but not more than 50,000 yuan;criminal，Criminal responsibility shall be investigated according to law。
As of the effective date of the administrative penalty decision or the effective date of the criminal penalty judgment provided for in the preceding two paragraphs，The department in charge of foreign trade under The State Council or other relevant departments under The State Council may, within three years, refuse to accept the application for import and export quotas or licenses submitted by the lawbreaker，Or prohibit the wrongdoer from engaging in the import and export of relevant goods or technologies within a period of not less than one year but not more than three years。
Article 62Engaging in prohibited international trade in services，Or engaging in restricted international trade in services without permission，Punishment in accordance with the provisions of relevant laws and administrative regulations;Not provided for by laws or administrative regulations，The department in charge of foreign trade under The State Council shall order the correction，Confiscation of illegal gains，A fine of not less than one time but not more than five times the illegal income shall be imposed，Having no illegal gains or having illegal gains of less than 10,000 yuan，A fine of not less than 10,000 yuan but not more than 50,000 yuan;criminal，Criminal responsibility shall be investigated according to law。
The authority in charge of foreign trade under The State Council may prohibit the violator from engaging in the relevant international trade in services within a period of not less than one year but not more than three years from the date when the administrative penalty decision or the criminal penalty judgment takes effect as provided in the preceding paragraph。
Article 63Whoever violates the provisions of Article 34 of this Law shall be punished in accordance with the provisions of relevant laws and administrative regulations;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
The department in charge of foreign trade under The State Council may prohibit the lawbreaker from engaging in the relevant foreign trade activities within a period of not less than one year but not more than three years from the date when the administrative penalty decision or the criminal penalty judgment takes effect as provided in the preceding paragraph。
Article 64Those who are prohibited from engaging in relevant foreign trade activities in accordance with Articles 61 to 63 of this Law，During the prohibition period，The Customs shall make prohibition decisions in accordance with law by the department in charge of foreign trade under The State Council，The relevant import and export goods of the foreign trade operator shall not go through the formalities of customs declaration, inspection and release，The foreign exchange administration departments or designated foreign exchange banks shall not handle the formalities related to the settlement and sale of foreign exchange。
Article 65Any staff member of the department responsible for foreign trade administration in accordance with this Law who neglects his duty, engages in malpractices for personal gains or abuses his power, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。
Any staff member of the department responsible for foreign trade administration in accordance with this Law who, by taking advantage of his position, demands money or property from others or illegally accepts money or property from others to seek benefits for others, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law。
Article 66If a party concerned in foreign trade activities refuses to accept a specific administrative act made by the department responsible for foreign trade administration in accordance with this Law, it may apply for administrative reconsideration or bring an administrative lawsuit in a people's court in accordance with law。
Chapter XI Supplementary Provisions
Article 67Where laws and administrative regulations provide otherwise for the administration of foreign trade related to military products, fissile and fusion substances or substances derived from such substances, as well as the administration of the import and export of cultural products, such provisions shall apply。
Article 68The State shall take flexible measures to give preferential treatment and convenience to trade between border areas and border areas of neighboring countries as well as trade between border residents。Specific measures shall be formulated by The State Council。
Article 69This Law shall not apply to the separate customs territories of the People's Republic of China。
Article 70This Law shall come into force as of July 1, 2004。
Article 68The State shall take flexible measures to give preferential treatment and convenience to trade between border areas and border areas of neighboring countries as well as trade between border residents。Specific measures shall be formulated by The State Council。
Article 69This Law shall not apply to the separate customs territories of the People's Republic of China。
Article 70This Law shall come into force as of July 1, 2004。