Chapter 14 Foreign trade law.ppt

Chapter 14 Foreign trade law 1 Sources of law 2 Foreign trade operator 3 Foreign trade in goods, technology and service 4 Anti-dumping 5 Anti-subsidy 6 Safeguard measures Major sources of foreign trade law By April 2002, former MOFTEC had abolished 381 ministerial rules and 178 internal rules. In collaboration with other ministries to submit to the State Council 53 regulations marked for repeal. SPC has announced that 1226 judicial interpretations inconsistent with WTO rules had been amended as of late 2001. 2.1 Qualification It must be the legal persons or other organizations 5 conditions: (1) having its own name and organizational structure (2) having definite scope of business in foreign trade (3) having business place, financial resources and professional personnel essential to the foreign trade dealings which it intends to engage in (4) having a required record of import and export which were effected on its behalf or having necessary sources of goods for import or export (5) other requirements provided in relevant laws and administrative regulations? Acts outlawed: (1) forging, distorting or trading certificates of country of origin and import or export licenses (2) infringement on the IP protected by law (3) squeezing out competitors with undue competition (4) defrauding the State’s refund of export tax (5) other acts violating the laws and administrative regulations 2.2 FTCs’ monopoly and agency system 2.3 Widening the scope of foreign trading rights 2.3.3 Domestic enterprises Manufacturing enterprises Research institutions  Enterprises within SEZs Control of import and export of goods and technology 3.1 Import and export of goods 3.1.1 Import Restricted goods (1) import shall be restricted in order to safeguard the State security or public interest (2) import shall be restricted in order to establish or accelerate the establishment of a particular domestic industry (3) restriction on import of agricultur