ChapterⅣ International Service Trade
Article 24 The People’s Republic of China opens, in accordance with its commitments made in the international treaties and agreements of international service trade that it has concluded or acceded to, its market to the other contracting parties or members and grants them with the national treatment.
Article 25 The foreign trade department of the State Council and other relevant departments of the State Council may, according to the present Law or any other relevant law or administrative regulation, administer the trade of international services.
Article 26 The state may restrict or prohibit the trade of relevant international services if:
（1）It is necessary to restrict or prohibit it for the sake of maintaining state security, social public good or public morality;
（2）It is necessary to restrict or prohibit it for the purpose of protecting human health or security, protecting the life or health of any animal or plant, or protecting the environment;
（3）It is necessary to restrict it for the purpose of establishing or accelerating the establishment of a certain domestic service industry;
（4）It is necessary to restrict it for the purpose of ensuring the balance of international payments of the state;
（5）It is necessary to restrict or prohibit it for any other reason as provided for in any law or administrative regulation; or
（6）It is necessary to restrict or prohibit it for any other reason as provided for in any international treaty or agreement that China has concluded or acceded to.
Article 27 For the military related trade of international services and the international service trade of any matter of fission or fusion or any matter that derives such matter, the state may take any necessary measures to safeguard the security of the state.
When in war or for keeping international peace and security, the state may take any necessary measures regarding the international service trade.
Article 28 The foreign trade department of the State Council formulates, adjusts, and publishes, in collaboration with other relevant departments of the State Council, market entry catalogues of the international service trade in accordance with the provisions of Articles 26 and 27 of the present Law and other relevant laws and administrative regulations.
ChapterⅤ Foreign trade related
Intellectual Property Protection
Article 29 The state protects the intellectual property relating to foreign trade in accordance with relevant laws and administrative regulations concerning intellectual property.
Where any of the import goods violates any intellectual property right and, at the same time, endangers the foreign trade order, the foreign trade department of the State Council may take such measures as prohibiting the import of the relevant goods that the infringer has produced or sold for a certain period of time.
Article 30 In case any intellectual property right holder commits any of the acts of hindering the licensee from questioning the validity of the intellectual property right involved in the license agreement, conducting forced package license, or providing exclusive selling back conditions in the license agreement, etc. and, at the same time, endangers the fair competition order of foreign trade, the foreign trade department of the State Council may take necessary measures to eliminate such danger.
Article 31 Where any country or region fails to grant national treatment to the legal persons, other organizations, or individuals of the People’s Republic of China in the protection of intellectual property rights, or fails to provide sufficient and effective intellectual property protection to the goods, technologies or services whose origin is the People’s Republic of China, the foreign trade department of the State Council may, according to the present Law or any other law or administrative regulation, and according to the international treaties or agreements that the People’s Republic of China has concluded or acceded to, take necessary measures against the trade with the said country or region.
ChapterⅥ Foreign Trade Order
Article 32 No one may, in the business activities of foreign trade, implement any act of monopolization against the relevant anti monopolization laws or administrative regulations.
Anyone who carries out any monopolizing act in its foreign trade business activities shall be dealt with in accordance with the relevant anti monopolization laws and administrative regulations. If any of the illegal acts as described in the preceding paragraph endangers the foreign trade order at the same time, the foreign trade department of the State Council may take necessary measures to eliminate the harm.
Article 33 No one may, in the business activities of foreign trade, conduct such unfair competition acts as selling commodities at unjustified low prices, colluding bid invitation and tendering for bid, disseminating false advertisements, or offering commercial bribes, etc.
Anyone who conducts any unfair competition act in its foreign trade business activities shall be dealt with in accordance with the relevant laws and administrative regulations regarding counteracting unfair competition.
If any of the illegal acts as described in the preceding paragraph endangers the foreign trade order at the same time, the foreign trade department of the State Council may take such measures as prohibiting the business operator involved from importing or exporting relevant goods or technologies so as to eliminate the said illegal act.
Article 34 No one may, in foreign trade activities, commit any of the following:
(1) Forging or altering the marks of origin of the import or export goods; forging, altering or trading the certificates of origin, the licenses of import or export, the certificates of import or export quotas of the import or export goods, or any other certification documents of import or export;
(2) Cheating for export refunds;
(3) Smuggling;
(4) Evading inspections and quarantines as provided for by any law or administrative regulation; or
(5) Committing any other violation of law or administrative regulation.
Article 35 All foreign trade business operators shall abide by the provisions of the state regarding foreign exchange administration in their foreign trade business activities.
Article 36 Anyone who violates the present Law and endangers the foreign trade order shall be made public by way of announcements made by the foreign trade department of the State Council.
