中华人民共和国法律法规/对外贸易法

Article 1 This Law is formulated with a view to developing the foreign trade, maintaining the foreign trade order and promoting a healthy development of the socialist market economy.

Article 2 Foreign trade as mentioned in this Law shall cover the import and export of goods, technologies and the international trade in services.

Article 3 The authority responsible for foreign trade and economic relations under the State Council is in charge of the administration of the foreign trade of the entire country pursuant to this Law.

Article 4 The State shall apply the foreign trade system on a uniform basis and maintain a fair and free foreign trade order in accordance with law.

The State encourages the development of its foreign trade, exercises the initiative of localities and safeguards the autonomy of business operation of the foreign trade dealers.

Article 5 The People's Republic of China promotes and develops trade ties with other countries and regions on the principles of equality and mutual benefit.

Article 8 Foreign trade dealers as mentioned in this Law shall cover the legal entities and other organizations engaged in foreign trade dealings in compliance with the provisions of this Law.

3. having place of business, financial resources and professional personnel essential to the foreign trade dealings which it intends to engage in;

5. other requirements provided in relevant laws and administrative regulations.

The detailed rules for the implementation of the preceding paragraph are to be laid down by the State Council.

Article 10 The establishment and operation of enterprises and organizations engaged in international trade in services shall be in compliance with the provisions of this Law and other relevant laws and administrative regulations.

Article 11 Foreign trade dealers shall enjoy full autonomy in their business operation and be responsible for their own profits and losses in accordance with law.

Article 12 In foreign trade activities foreign trade dealers should honor their contracts, ensure the quality of the commodity and perfect the after-sale services.

Article 13 Any organization or individual without foreign trade operation permit may entrust a foreign trade dealer located in China as its agent to conduct its foreign trade business within the business scope of the latter.

The entrusted foreign trade dealer shall provide the principal with actual business information such as market situation, commodity prices and client position.

The agent and the principal shall conclude and sign an agency agreement, in which the rights and obligations of both parties should be specified.

The relevant authorities shall not disclose the business proprietary information provided by the dealers.

Article 15 The State allows free import and export of goods and technologies except where laws or administrative regulations provided otherwise.

Article 16 The State may impose restrictions on the import or export of goods and technologies in any of the following circumstances:

(1) where the import or export shall be restricted in order to safeguard the national security or public interest;

(2) where the export shall be restricted on account of domestic shortage in supply or effective protection of exhaustible domestic resources;

(3) where the export shall be restricted due to the limited market capacity of the importing country or region;

(4) where the import shall be restricted in order to establish or accelerate the establishment of a particular domestic industry;