What laws and regulations does China need for foreign trade?

The current foreign trade law includes general principles, foreign trade operators, import and export of goods and technologies, international service trade, foreign trade order, foreign trade investigation, foreign trade relief, foreign trade promotion, legal responsibilities and supplementary provisions.

(A) the right to operate foreign trade

The Foreign Trade Law revised in 2004 liberalized the qualification requirements of foreign trade operators. First, the subjects that can engage in foreign trade have been expanded to natural persons. A foreign trade operator refers to a legal person, other organization or individual who has gone through industrial and commercial registration or other practice procedures in accordance with the provisions of the Foreign Trade Law or other relevant laws and administrative regulations and engaged in foreign trade activities. Secondly, the acquisition of the right to operate foreign trade has been changed from the original examination and approval system to the registration system, except that laws, administrative regulations or the provisions of the competent foreign trade department of the State Council do not require registration. On June 25, 2004, the Ministry of Commerce promulgated the Measures for the Registration of Foreign Trade Operators, which stipulated the registration procedures for foreign trade operators who need to be registered according to law. These Measures shall be implemented as of July, 2004 1 day.

(2) Import and export of goods and technologies

Chapter III of the Foreign Trade Law is about the import and export of goods and technologies. According to the regulations, the state allows free import and export of goods and technologies. However, unless otherwise provided by laws and administrative regulations. The import and export of goods and technologies are subject to catalogue management, which is divided into prohibited import and export, restricted import and export and free import and export. Goods subject to free import and export license management should also be subject to catalogue management. The competent foreign trade department may, according to the needs of monitoring the import and export situation, implement automatic import and export licenses for some freely imported and exported goods and publish their catalogues. Technologies that are subject to free import and export shall be filed and registered with the competent foreign trade department of the State Council or the agency entrusted by it.

In terms of restricting and prohibiting import and export, the foreign trade law refers to the provisions of the general exception clause of Article 20 of GATT and the security exception clause of Article 2 1, which increases the scope of restricting and prohibiting import and export, and transforms the relevant rules of WTO into domestic law, which is also conducive to fully protecting China's economic security and national interests. According to Article 16 of the Foreign Trade Law, the state may restrict or prohibit the import or export of related goods and technologies for the following reasons:

(1) It is necessary to restrict or prohibit the import or export in order to safeguard national security, social interests or morality;

(2) It is necessary to restrict or prohibit the import or export in order to protect human health or safety, the life or health of animals and plants, and the environment;

(3) It is necessary to restrict or prohibit the import or export of gold and silver in order to implement measures related to the import and export;

(four) the domestic supply is in short supply or it is necessary to restrict or prohibit the export in order to effectively protect the natural resources that may be exhausted;

(five) the market capacity of exports to countries or regions is limited, and it is necessary to restrict exports;

(six) the export business order is seriously chaotic, and it is necessary to restrict exports;

(seven) in order to establish or accelerate the establishment of specific domestic industries, it is necessary to restrict imports;

(eight) it is necessary to restrict the import of any form of agricultural, animal husbandry and fishery products;

(9) It is necessary to restrict imports in order to maintain the country's international financial status and balance of payments;

(10) Where it is necessary to restrict or prohibit the import or export according to laws and administrative regulations;

(1 1) Other items that need to be restricted or prohibited from import or export according to the provisions of international treaties and agreements concluded or acceded to by China.

In addition, the state can take any necessary measures to safeguard national security in the import and export of goods and technologies related to fission and fusion substances or substances derived from these substances, as well as the import and export of weapons, ammunition or other military materials. In wartime or in order to maintain international peace and security, the state may take any necessary measures in the import and export of goods and technologies.

For the administration of goods and technologies whose import and export are restricted or prohibited, the competent foreign trade department of the State Council shall, jointly with other relevant departments of the State Council, formulate, adjust and publish the catalogue of goods and technologies whose import and export are restricted or prohibited in accordance with the provisions of the Foreign Trade Law. And may temporarily decide to restrict or prohibit the import or export of specific goods and technologies other than those specified in the preceding paragraph. The state implements a quota and license system for goods whose import and export are restricted. License management shall be implemented for technologies that restrict import and export. The state can also implement tariff quota management for some imported goods. Quotas for import and export goods and tariff quotas shall be allocated by the competent authorities within their respective functions and duties in accordance with the principles of openness, fairness, impartiality and efficiency.

(3) International trade in services

Chapter IV of the Foreign Trade Law is about international service trade. According to Article 14 of the General Agreement on Trade in Services of the World Trade Organization, this chapter makes general provisions on general exceptions and security exceptions of trade in services.

According to the provisions of Article 26, the state may restrict or prohibit the relevant international trade in services for the following reasons:

(1) It is necessary to restrict or prohibit it in order to safeguard national security, social interests or morality;

(2) It is necessary to restrict or prohibit it in order to protect human health or safety, the life or health of animals and plants, and the environment;

(3) Restrictions are necessary to establish or accelerate the establishment of specific domestic service industries;

(4) It is necessary to limit the national foreign exchange balance;

(five) other circumstances that need to be restricted or prohibited by laws and administrative regulations;

(six) according to the provisions of international treaties and agreements concluded or acceded to by China, it is necessary to restrict or prohibit it. In addition, the state can take any necessary measures to safeguard national security in international service trade related to military affairs and international service trade related to fission, fusion substances or substances derived from these substances. In wartime or in order to maintain international peace and security, the state may take any necessary measures in international service trade.

(D) the protection of intellectual property rights in foreign trade

In the traditional sense, the scope of application of intellectual property rights is limited to China, and there is no effective remedy for the infringement of domestic intellectual property rights abroad. On the basis of referring to the relevant provisions of other countries, a chapter on "Protection of Intellectual Property Rights Related to Foreign Trade" has been added to China's Foreign Trade Law.

Article 29 of the Law aims to deal with the infringement of intellectual property rights by imported goods in China. This article stipulates that if imported goods infringe intellectual property rights and endanger the foreign trade order, the competent foreign trade department of the State Council may take measures such as prohibiting the import of goods produced and sold by the infringer for a certain period of time.

Article 30 In view of the situation that the intellectual property right holder abuses his exclusive rights or dominant position in foreign trade, it is stipulated that the intellectual property right holder has one of the acts of preventing the licensee from questioning the effectiveness of intellectual property rights in the license contract, making compulsory packaging license, and stipulating exclusive return conditions in the license contract, which endangers the fair competition order in foreign trade, and the competent foreign trade department of the State Council can take necessary measures to eliminate the harm.

Article 3 1 provides a legal basis and means for the China government to protect the intellectual property rights of China and the interests of China operators abroad, and stipulates that other countries or regions fail to give China legal persons, other organizations or individuals national treatment in intellectual property protection, or fail to provide sufficient and effective intellectual property protection for goods, technologies or services originating in China. The competent foreign trade department of the State Council may, in accordance with the provisions of this Law and other relevant laws and administrative regulations, and in accordance with the international treaties concluded or acceded to by China, take necessary measures for the trade of that country or region.

(five) regulate monopoly or other improper acts in foreign trade.

The revised Foreign Trade Law stipulates monopolistic behavior and unfair behavior, and the relevant provisions are not contradictory to China's Anti-Unfair Competition Law, because the Foreign Trade Law only adjusts the import and export links, and the new provisions fill the gap in the competition rules of China's Foreign Trade Law.

With regard to monopolistic behavior, Article 32 stipulates that monopolistic behavior in violation of relevant anti-monopoly laws and administrative regulations shall not be carried out in foreign trade activities. Those who commit monopolistic acts in foreign trade activities and endanger fair competition in the market shall be dealt with in accordance with the provisions of relevant anti-monopoly laws and administrative regulations. If an illegal act endangers the foreign trade order, the competent foreign trade department of the State Council may take necessary measures to eliminate the harm.

Regarding unfair competition in import and export, Article 32 stipulates that in foreign trade activities, unfair competition behaviors such as selling goods at unfairly low prices, colluding in bidding, publishing false advertisements, and engaging in commercial bribery shall not be implemented. Acts of unfair competition in foreign trade activities shall be dealt with in accordance with the provisions of the anti-unfair competition law and administrative regulations. In violation of laws and regulations, endangering the foreign trade order, the competent foreign trade department of the State Council can take measures such as prohibiting the business operator from importing and exporting relevant goods and technologies to eliminate the harm.

Article 34 also stipulates that in foreign trade activities, the following acts are not allowed:

(1) Forge or alter the marks of origin of import and export goods, forge or alter or buy or sell certificates of origin of import and export goods, import and export licenses, import and export quota certificates or other import and export certification documents;

(2) defrauding export tax rebates;

(3) smuggling;

(4) evading the certification, inspection and quarantine stipulated by laws and administrative regulations;

(five) other acts in violation of laws and administrative regulations.

(6) Foreign trade survey

The chapter of foreign trade investigation is extended on the basis of the original clause. This chapter provides a legal basis and means for the foreign trade authorities to strictly enforce the law, and fully protects the interests of relevant stakeholders.

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