受权发布 | 中华人民共和国对外贸易法

Core Points - The law aims to promote high-level opening-up and high-quality development of foreign trade, maintain trade order, protect the legitimate rights and interests of trade operators, and safeguard national sovereignty, security, and development interests [1]. Group 1: General Principles - The law applies to foreign trade and related intellectual property protection [2]. - Foreign trade is defined as the import and export of goods, technology, and international service trade [3]. - Foreign trade work should serve national economic and social development and promote the construction of a strong trading nation [4]. - The State Council is responsible for overseeing national foreign trade work [5]. Group 2: Trade Operators - Foreign trade operators are defined as individuals or organizations that engage in foreign trade activities in accordance with the law [9]. - Operators must obtain qualifications for foreign labor cooperation and comply with relevant regulations for foreign contracting projects [10]. Group 3: Import and Export Regulations - The state allows the free import and export of goods and technology, except as otherwise provided by law [16]. - The State Council may implement automatic licensing for certain goods based on monitoring needs [17]. - The state can prohibit or restrict the import and export of goods and technology for reasons such as national security and public interest [14][15]. 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 the law [28]. Group 5: Intellectual Property Protection - The state strengthens intellectual property protection related to foreign trade and can 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 [36]. - The law outlines specific prohibited behaviors, including forgery of origin marks and smuggling [37]. Group 7: Trade Investigation and Relief - The State Council can conduct investigations into foreign trade activities to maintain order and may take appropriate relief measures based on investigation results [41][44]. Group 8: 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 state encourages the development of digital trade and green trade systems [61][62]. Group 9: Legal Responsibilities - Violations of the law can result in fines and restrictions on future trade activities [71][72]. Group 10: Miscellaneous Provisions - The law will take effect on March 1, 2026 [49].