Laws and regulations related to domestic trade compliance

Whoever, in violation of the provisions of Article 11 of this Law, imports or exports goods subject to state-run trade administration without authorization shall be fined not more than 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, it shall not accept its application for engaging in the import and export business of goods under state trade administration within three years from the date when the administrative penalty decision takes effect, or revoke its authorization to engage in the import and export business of other goods under state trade administration.

China's foreign trade legal system has experienced a process from scratch, from simple to complex, from piecemeal to systematic.

Article 60 Whoever, in violation of the provisions of Article 11 of this Law, imports or exports goods under state trade administration without approval shall be fined not more than 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, it shall not accept its application for engaging in the import and export business of goods under state trade administration within three years from the date when the administrative penalty decision takes effect, or revoke its authorization to engage in the import and export business of other goods under state trade administration.

Article 61 Where the import and export of goods is prohibited, or the import and export of goods is restricted without permission, the customs shall handle and punish them in accordance with the provisions of relevant laws and administrative regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

Import and export of technologies prohibited from import and export, or unauthorized import and export of technologies restricted from import and export, shall be handled and punished in accordance with the provisions of relevant laws and administrative regulations; Where there are no provisions in laws and administrative regulations, the competent foreign trade department of the State Council shall order it to make corrections, confiscate its illegal income, and impose a fine of more than/kloc-0 and less than 5 times its illegal income. If there is no illegal income or the illegal income is less than 1 10,000 yuan, a fine of more than 1 10,000 yuan and less than 50,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Since the decision of administrative punishment or criminal punishment stipulated in the preceding two paragraphs comes into effect, the competent foreign trade department of the State Council or other relevant departments of the State Council can refuse to accept the application for import and export quota or license put forward by the violator within three years, or prohibit the violator from engaging in import and export business activities of related goods or technologies for more than one year and less than three years.

Article 62 Whoever engages in prohibited or restricted international service trade without permission shall be punished in accordance with the provisions of relevant laws and administrative regulations; Where there are no provisions in laws and administrative regulations, the competent foreign trade department of the State Council shall order it to make corrections, confiscate its illegal income, and impose a fine of more than/kloc-0 and less than 5 times its illegal income. If there is no illegal income or the illegal income is less than 1 10,000 yuan, a fine of more than 1 10,000 yuan and less than 50,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

The competent department of foreign trade and economic cooperation of the State Council may prohibit the violator from engaging in related international service trade business activities for more than one year and less than three years from the effective date of the administrative punishment decision or criminal punishment decision as stipulated in the preceding paragraph.

Article 63 Whoever violates the provisions of Article 34 of this Law shall be punished in accordance with the provisions of relevant laws and administrative regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

The competent department of foreign trade and economic cooperation of the State Council may prohibit the violator from engaging in relevant foreign trade business activities for more than one year and less than three years from the effective date of the administrative punishment decision or criminal punishment decision stipulated in the preceding paragraph.

Article 64 In accordance with the provisions of Articles 61 to 63 of this Law, if a foreign trade operator is prohibited from engaging in relevant foreign trade activities, during the prohibition period, the customs shall not go through the formalities for customs declaration, inspection and release of import and export goods made by the foreign trade department of the State Council according to law. The foreign exchange administration department or the designated foreign exchange bank shall not handle the formalities of settlement and sale of foreign exchange.

Article 65 In accordance with the provisions of this Law, any staff member of the administrative department of foreign trade who neglects his duty, engages in malpractices for selfish ends or abuses his power, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

If a staff member of a department that implements foreign trade administration according to this Law takes advantage of his position to ask for other people's property, or illegally accepts other people's property to seek benefits for others, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Article 66 If a party to a foreign trade operation refuses to accept a specific administrative act taken by the foreign trade administrative department in accordance with this Law, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.

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.