Under the PRC foreign trade law,
the following trade in goods and services are subject to
either prohibitions or restrictions: -
| Goods |
Article 17 The State
shall ban the import or export of goods or technologies
that are of:
| 1. |
jeopardy to national security
or public interest; |
| 2. |
necessary to ban their import
in view to protect the life or health of the
people; |
| 3. |
danger to ecological
environment; and |
| 4. |
banning import by the
provisions of international treaties or agreements
to which the People's Republic of China is a
signatory or has entered. | |
Article 16 The State
may restrict the import or export of the goods or
technologies that are of:
| 1. |
being necessary of restriction
in import and export because of involving national
security and public interest; |
| 2. |
being necessary of restriction
of export because of a short of supply at home or
being important domestic resources that are of
danger of being exhausted; |
| 3. |
under restriction of import by
import countries or regions due to a limited
market; |
| 4. |
necessary of restriction of
import by the State to protect the smooth or
accelerated development of certain industries at
home; |
| 5. |
agricultural, animal husbandry
and fishery products in any form that are
necessary to be restricted of importing by the
State; |
| 6. |
being necessary of restriction
of import by the State in view to maintain a
certain financial position of the nation in the
world or to ensure a balance of international
payments of the country; and |
| 7. |
subject to restriction of
import and export by international treaties or
agreements to which the People's Republic of China
is a signatory or has
entered. | |
| Services |
Article 25 The State shall ban the
international service trade which would:
| 1. |
jeopardize the national
security or public interests; |
| 2. |
result in a violation to the
international obligations undertaken by the
People's Republic of China; and |
| 3. |
be banned by the provisions of
other laws or administrative
decrees. | |
Article 24 Some restrictions might be imposed
on the international service trade by the State on
following reasons:
| 1. |
For safeguarding national
security or public interests; |
| 2. |
For protecting the ecological
environment; |
| 3. |
For safeguarding the smooth or
accelerated development of given service trade at
home; |
| 4. |
For guaranteeing the country's
balance of international payments; and |
| 5. |
agricultural, animal husbandry
and fishery products in any form that are
necessary to be restricted of importing by the
State; |
| 6. |
For other reasons as
prescribed by other laws or administrative
decrees. | | Article
19 of the PRC Foreign Trade Law also provides that goods whose
import or export is restricted shall be subject to quota or
license management; technologies whose import or export is
restricted shall be subject to license management.
Goods and technologies subject to quota or license
management can be imported or exported only when it has been
approved by the department in charge of foreign economic
cooperation and trade independently or jointly with other
relevant departments under the State Council according to the
provisions promulgated by the State Council.
Encouraged and permitted goods and services
Except for those prohibited or restricted categories, other
goods and services are either encouraged or
permitted.
|