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Foreign Trade Law of China (2016)

对外贸易法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Nov 07, 2016

Effective date Nov 07, 2016

Validity status Valid

Scope of application Nationwide

Topic(s) International Trade Law

Editor(s) C. J. Observer

The Foreign Trade Law was promulgated in 1994 and amended in 2004 and 2016 respectively. The latest revision entered into force on November 7, 2016.

There are 70 articles in total.

The key points are as follows:

1.The present Law applies to foreign trade and the protection of foreign-trade-related intellectual property. The foreign trade refers to the import and export of goods, technology, and the international trade of services.

2.The state encourages the development of foreign trade, and maintains an order of fair and free foreign trade, and 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.

3.For any country or region that takes discriminatory banning, restriction or other acts against the People’s Republic of China in terms of trade, the People’s Republic of China shall be entitled to adopt, in accordance with the actual circumstances, corresponding measures against them.

4.The state may restrict or forbid the import or export of relevant goods or technology, or certain services, based on any of the particular reasons.

5.Foreign trade operators shall not engage in monopolistic business practices and unfair competition practices.

6.In order to maintain the foreign trade order, the foreign trade department of the State Council may investigate into the particular matters by itself or jointly with other relevant departments of the State Council in accordance with the laws and administrative regulations.

7.The state may take appropriate trade relief measures according to the result of foreign trade investigations.

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