Article 15 The authority responsible for foreign trade under the State
Council may, in accordance with the need to supervise import and export,
implement automatic import and export licensing certain goods subject to free
import and export and make public the list thereof. Where the consignee or the
consigner of the imported or exported goods subject to automatic licensing
submits the automatic licensing application before going through the Customs
declaration procedures, the authority responsible for foreign trade under the
State Council or its authorized authorities shall grant approval. In case of
failure to accomplish automatic licensing procedures, the Customs shall not
grant release. In the case of importing or exporting technologies subject to
free import and export, the contracts thereof shall be registered with the
authority responsible for foreign trade under the State Council or its
authorized authorities.
Article 16 The State may restrict or prohibit the import or export of
relevant goods and technologies for the following reasons that:
(1) the
import or export needs to be restricted or prohibited in order to safeguard the
state security, public interests or public morals,
(2) the import or export
needs to be restricted or prohibited in order to protect the human health or
security, the animals and plants life or health or the environment,
(3) the
import or export needs to be restricted or prohibited in order to implement the
measures relating to the importations and exportations of gold or silver,
(4) the export needs to be restricted or prohibited in the case of domestic
shortage in supply or the effective protection of exhaustible natural resources,
(5) the export needs to be restricted in the case of the limited market
capacity of the importing country or region,
(6) the export needs to be
restricted in the case of the occurrence of serious confusion in the export
operation order,
(7) the import needs to be restricted in order to establish
or accelerate the establishment of a particular domestic industry,
(8) the
restriction on the import of agricultural, animal husbandry or fishery products
in any form is necessary,
(9) the import needs to be restricted in order to
maintain the State's international financial status and the balance of
international payment,
(10) the import or export needs to be restricted or
prohibited as laws and administrative regulations so provide, or
(11) the
import or export needs to be restricted or prohibited as the international
treaties or agreements to which the state is a contracting party or a
participating party so require.
Article 17 The State may, in the case of the import or export of the
goods and technologies relating to fissionable and fissionable materials or the
materials form which they are derived as well as the import or export relating
to arms, ammunition and implements for war, take any measures as necessary to
safeguard the state security. The State may, in the time of war or for the
protection of international peace and security, take any measures as necessary
in respect of import or export of goods and technologies.
Article 18 The authority responsible for foreign trade under the State
Council in conjunction with other relevant authorities under the State Council
shall, in accordance with the provisions of Articles 16 and 17 in this Law,
establish, adjust and publish the list of goods and technologies of which the
import or export is subject to restrictions or prohibitions. The authority
responsible for foreign trade under the State Council independently or in
conjunction with other relevant authorities under the State Council may, with
the approval from the State Council, decide, on a temporary basis, to impose
restrictions or prohibitions on the import or export of goods and technologies
not included in the list provided in the above paragraph within the meaning of
Article 16 and Article 17 in this Law.
Article 19 Goods subject to import or export restriction shall be
subject to quota and/or licensing control; technologies whose import or export
is restricted shall be subject to licensing control. Import or export of any
goods and technologies subject to quota and/or licensing control will be
effected only with the approval of the authorities responsible for foreign trade
under the State Council or the joint approval of the foregoing authorities and
other relevant authorities under the State Council in compliance with the
provisions of the State Council. Certain imported goods may be subject to tariff
rate quota control.
Article 20 Quotas and tariff rate quotas of the imported and exported
goods shall be distributed on the principles of transparency, equity,
impartiality and efficiency by the authority responsible for foreign trade under
the State Council or the relevant authorities under the State Council within
their respective responsibilities. Specific measures for the distribution shall
be laid down by the State Council.
Article 21 The state shall implement the commodity assessment system in
a uniform manner and in accordance with the provisions of relevant laws and
administrative regulations carry out certification, inspection or quarantine in
respect of imported and exported commodities.
Article 22 The state shall implement origin management in respect of
the imported and exported goods. Specific measures therefore shall be laid down
by the State Council.
Article 23 Where the import or export of cultural relics, wildlife
animals, plants and the products thereof are prohibited or restricted by other
laws or administrative regulations, the provisions of relevant laws and
regulations shall be observed.
Chapter 4 International Trade in Services
Article 24 In respect of international trade in services, the People's
Republic of China shall, in accordance with the commitments made in
international treaties or agreements to which the People's Republic of China is
a contracting party or a participating party, grant the other contracting
parties or participating parties market access and national treatment.
Article 25 The authority responsible for foreign trade under the State
Council in conjunction with other relevant authorities under the State Council
shall, pursuant to provisions of this Law and other laws and administrative
regulations, administer the international trade in services.
Article 26 The State may impose restrictions and prohibitions on the
international trade in services for the reasons that:
(1) restrictions or
prohibitions are needed to safeguard the state security, public interests or
public morals,
(2) restrictions or prohibitions are needed to protect the
human health or security, the animals and plants life or health or the
environment,
(3) restrictions are needed to establish or accelerate the
establishment of a particular domestic service industry,
(4) restrictions
are needed to maintain the balance of international payment of the state,
(5) restrictions or prohibitions are needed as laws and administrative
regulations so provide, or
(6) restrictions or prohibitions are needed as
the international treaties or agreements to which the state is a contracting
party or a participating party so require.
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