受权发布丨中华人民共和国对外贸易法

Core Points - The law aims to promote high-level opening up of foreign trade, ensure high-quality development, maintain trade order, protect the legitimate rights of trade operators, and safeguard national sovereignty, security, and development interests [2][7]. Group 1: General Principles - The law applies to foreign trade and related intellectual property protection [3]. - Foreign trade is defined as the import and export of goods, technology, and international service trade [4]. - The work of foreign trade should serve the national economic and social development and promote the construction of a strong trading nation [5]. - The State Council is responsible for overseeing national foreign trade work according to this law [6]. Group 2: Trade Operators - Foreign trade operators are defined as individuals or organizations that engage in foreign trade activities in accordance with the law [10]. - Operators must obtain qualifications for foreign labor cooperation and comply with relevant regulations for foreign contracting projects [10]. Group 3: Import and Export of Goods and Technology - The state allows the free import and export of goods and technology, except as otherwise provided by law [13]. - The State Council may implement automatic licensing for certain goods based on monitoring import and export conditions [17]. - The state can prohibit or restrict the import and export of certain goods and technologies for reasons including national security [19][20]. Group 4: International Service Trade - The state encourages various modes of international service trade, including cross-border delivery and overseas consumption [27]. - The State Council manages international service trade in accordance with this law and other relevant regulations [28]. Group 5: Intellectual Property Protection - The state strengthens the protection of intellectual property related to foreign trade and may take measures against the import of goods that infringe on intellectual property rights [32][33]. Group 6: Trade Order - In foreign trade activities, operators must not engage in monopolistic or unfair competition practices [24]. - The law outlines specific prohibited actions, including forgery of origin marks and evasion of taxes [25]. Group 7: Trade Investigation - The State Council may conduct investigations into foreign trade activities to maintain order and assess impacts on domestic industries [27][30]. Group 8: Trade Remedies - The state can take appropriate trade remedy measures based on investigation results, including anti-dumping and countervailing measures [44][45]. Group 9: Trade Promotion - The state formulates strategies to promote balanced development in foreign trade and supports the establishment of financial institutions for trade services [56][57]. - The law encourages the development of digital trade and green trade systems [60][61]. Group 10: Legal Responsibilities - Violations of the law can result in fines and restrictions on future trade activities [71][72]. - The law specifies penalties for unauthorized import and export activities [41][43]. Group 11: Miscellaneous Provisions - The law will come into effect on March 1, 2026 [46].