ChapterⅨ Foreign Trade Promotion
Article 51 The state formulates its strategy for foreign trade development, establishes and improves its foreign trade promotion mechanisms.
Article 52 The state establishes and improves its foreign trade oriented financial institutions and establishes foreign trade development funds and risk funds according to the demand of foreign trade development.
Article 53 The state employs such foreign trade promotion measures as import and export credit, export credit insurance, export tax refund, etc. to develop its foreign trade.
Article 54 The state establishes a foreign trade public information service system so as to provide information services to the foreign trade business operators and the general public.
Article 55 The state takes measures to encourage foreign trade business operators to explore the international market, and employ diversified means including foreign investment, foreign engineering project contracting, and labor cooperation, etc. to develop its foreign trade.
Article 56 Foreign trade business operators may lawfully establish and join relevant associations and chambers of commerce.
Relevant associations and chambers of commerce shall abide by the laws and administrative regulations, and provide, according to their constitutions, services to their members in terms of production, marketing, information, training, etc. relating to foreign trade, plays the role of coordination and self discipline, makes applications for foreign trade relief measures according to law, defend the interests of their members and the corresponding industry, passes onto the relevant department of the government the suggestions of their members regarding foreign trade, and conduct foreign trade promotion activities.
Article 57 The Chinese international trade promotion organizations carry out foreign contacts according to their respective constitutions, hold exhibitions, provide information, consultation and conduct other foreign trade promotion activities.
Article 58 The state supports and promotes small and medium sized enterprises to engage in foreign trade.
Article 59 The state supports and promotes minority ethnic group regions and economically underdeveloped regions to engage in foreign trade.
ChapterⅩ Legal Liabilities
Article 60 Anyone who violates Article 11 of the present Law by unlawfully importing or exporting any of the goods subject to state run trade without authorization shall be fined up to 50,000 yuan by the foreign trade department of the State Council or other relevant departments of the State Council. If the circumstances are serious, the application of the offender for engaging in the import or export of the goods subject to state run trade may be turned down for a period of three years as of the day when the decision on administrative sanction takes effect, or the authorization to engage in the import or export of goods subject to state run trade that has already been granted may be canceled.
Article 61 Anyone who imports or exports any goods that are banned from import or export or unlawfully imports or exports any goods that are restricted from import or export without approval shall be dealt with and punished by the customs office according to relevant laws or administrative regulations. If the offence constitutes any crime, it shall be subject to criminal liabilities.
Anyone who imports or exports any technology that is banned from import or export or unlawfully imports or exports any technology that is restricted from import or export shall be ordered by the foreign trade department of the State Council to correct, and be fined two times up to 5 times the illegal proceeds and the illegal proceeds shall be confiscated. Where there are no illegal proceeds or the illegal proceeds are not as much as 10,000 yuan, it shall be fined 10,000 yuan up to 50,000 Yuan. If the offence constitutes any crime, it shall be subject to criminal liabilities.
As of the day when the decision on administrative sanction as described in the two preceding paragraphs takes effect, the foreign trade department of the State Council or other relevant departments of the State Council may, within a period of three years, refuse to accept the offender’s applications for import or export quotas or licenses, or prohibit the offender from engaging in the import or export of relevant goods or technology within a period of one year up to three years.
Article 62 Anyone who is engaged in any banned international service trade or is unlawfully engaged in any restricted international service trade without approval shall be punished according to relevant laws and administrative regulations. Where it is not provided for in any law or administrative regulation, it shall be ordered by the foreign trade department of the State Council to correct and be fined two times up to five times the illegal proceeds, and the illegal proceeds shall be confiscated. Where there are no illegal proceeds or the illegal proceeds are not as much as 10,000 yuan, it shall be fined 10,000 yuan up to 50,000 Yuan. If the offence constitutes any crime, it shall be subject to criminal liabilities. The foreign trade department of the State Council may prohibit the offender from engaging in the business activities relating to international service trade for a period of one year up to three years as of the day when the offender is given an administrative sanction or criminal penalty.
The foreign trade department of the State Council may prohibit the offenders from engaging in the business activities of international service trade for a period of one year up to three years as of the day when the decision on administrative sanction as described in the preceding paragraph takes effect or as of the day when the judgment of criminal punishment takes effect.
Article 63 Anyone who violates Article 34 of the present Law shall be penalized according to relevant laws and administrative regulations. If the offence constitutes any crime, the offender shall be subject to criminal liabilities.
The foreign trade department of the State Council may prohibit the offenders from engaging in relevant foreign trade activities for a period of one year up to three years as of the day when the decision on administrative sanction as described in the preceding paragraph takes effect or as of the day when the judgment of criminal punishment takes effect.
Article 64 In case anyone is banned from engaging in relevant foreign trade business according to Articles 61 through 64 of the present Law, the customs shall, during the period of banning, refuse to handle relevant customs inspection and release formalities for the relevant import or export goods of the foreign trade business operator according to the decision of banning made by the foreign trade department of the State Council, and the administrative department of foreign exchange or the designated foreign exchange banks shall refuse to handle relevant foreign exchange settlement and sale.
Article 65 Where any functionary of the department that is responsible for the administration of foreign trade according to the present Law neglects his duties, practices fraud for private benefits or abuses his power so that any crime is committed, he shall be subject to criminal liabilities. If the offence is not so serious as to constitute a crime, he shall be subject to administrative sanctions.
Where any functionary of the department that is responsible for the administration of foreign trade according to the present Law solicits any property from any other person by taking advantage of his position, or unlawfully accepts any property of any other person for the benefit of that person so that any crime is constituted, he shall be subject to criminal liabilities; if the offence is not so serious as to constitute a crime, he shall be subject to administrative sanctions.
Article 66 Where any of the parties concerned of foreign trade business activities is dissatisfied with the concrete administrative act made by the department that is responsible for the administration of foreign trade according to the present Law, it may apply for administrative reconsideration according to law or lodge an administrative action with the people’s court.
Chapter Ⅺ Supplementary Provisions
Article 67 Where there are different provisions in any law or administrative regulation concerning the administration of the foreign trade of any military matter, any matter of fission or fusion or any matter that derives such matter and concerning the administration of import or export of cultural products, such provisions shall prevail.
Article 68 The state employs flexible measures and grants favorable treatment to and facilitates the trade between the border areas of China and those of neighboring countries as well as the frontier trade between border residents. The specific measures shall be formulated by the State Council.
Article 69 The present Law shall not apply to the separate customs territories of the People’s Republic of China.
Article 70 The present Law shall come into force as of July 1, 2004.
