TRADE AND INVESTMENT GUIDES

   
  Trade in Goods and Services
  Under the PRC foreign trade law, the following trade in goods and services are subject to either prohibitions or restrictions: -

  Banned or prohibited Restricted
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.

   
 
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