Can Foreign Trade Be Operated By Individuals?
我國《對外貿易法》實施10年間,外貿進出口總額從1994年的2366億美元增加到2003年的8512億美元。這就是剛剛被第十屆全國人大常委會第八次會議審議通過的新《中華人民共和國對外貿易法》(全文見本報今日11版)出臺的大背景。
The new foreign trade law, which has been approved by the Standing Committee of the National People's Congress for the three time, has made major amendments to the revised foreign trade law.
The contents of the amendments are mainly concentrated on the scope of foreign trade operators, the right of foreign trade in goods trade and technology trade, state Trade and import and export licenses, and penalties for illegal activities.
降低外貿經營權門檻
The most striking amendment in the new foreign trade law is that the scope of foreign trade operators has expanded again, and the threshold for enjoying the right to operate foreign trade has been lowered again.
Before the revision of the foreign trade law, China's natural persons can not engage in foreign trade activities.
According to China's WTO accession commitments, all foreign individuals and enterprises should be given the right to trade, no less than the treatment given to enterprises in China.
If foreign individuals can carry out foreign trade activities in China, natural persons in China should also be able to engage in foreign trade activities.
Therefore, the concept of foreign trade operators is reinterpreted by the new foreign trade law. It refers to legal persons, other organizations or individuals engaged in foreign trade business activities in accordance with the provisions of this Law and other relevant laws and administrative regulations.
This means that ordinary people will be able to engage in import and export trade in their personal capacity.
At the same time, it shows that the main body of our foreign trade activities will be more diversified in the future.
Prior to the revision, the foreign trade law stipulates that foreign trade operations involving import and export of goods and technology must have corresponding conditions and be approved by the competent foreign economic and trade department under the State Council.
The new foreign trade law amended this paragraph as: foreign trade operators can engage in import and export of goods and technology import and export trade after registration according to law.
This regulation not only meets the approval of China's abolition of the right to foreign trade within 3 years after its accession to the WTO, but also promises to ease trade and trade rights in goods trade and technology trade, and reduces restrictions and simplifies examination and approval procedures.
加大違法行為處罰力度
The new foreign trade law has increased the penalties for illegal acts by means of criminal penalties, administrative penalties and employment prohibition, and has been linked to the relevant provisions of the criminal law.
The following acts of unauthorized authorization are stipulated in strict legal liability: import and export of goods managed by state trading, import and export of goods restricted to import and export, import and export restricted import and export technologies, and restricted international service trade.
In addition to the penalties for fines and confiscation of illegal gains, some foreign trade offenses also increase their application for qualification within 3 years, or prohibit them from engaging in import and export of goods and technologies or international trade in services within 3 years.
In view of the complexity of the legal relationship between foreign trade and illegal activities, it is connected with the relevant laws and administrative regulations from the legal liability related to the illegal activities stipulated by laws and administrative regulations such as customs administration, tax collection and administration.
The new law of foreign trade stipulates that the act of fraud, smuggling, evasion of law, and the authentication, inspection and Quarantine of the administrative regulations shall be punished according to the provisions of the relevant laws and administrative regulations; and the criminal responsibility shall be investigated in accordance with the law.
At the same time, it is stipulated that during the period of prohibition on foreign trade activities prohibited by the foreign trade department, the customs shall make a prohibition decision in accordance with the law of the foreign trade department under the State Council, and shall not go through the procedures of customs declaration and examination for the import and export goods of the foreign trade operator.
建立新的機制和體系
In order to strengthen the monitoring and service of foreign trade, timely discover and handle new situations and new problems in foreign trade and promote the steady development of foreign trade, the new foreign trade law has also increased some provisions.
Such as:
- establishing an early-warning and emergency response mechanism.
The forty-ninth provision states that the competent foreign trade department under the State Council and other relevant departments under the State Council shall establish an early-warning and emergency response mechanism for the import and export of goods, technology import and export and international trade in services, and deal with unexpected and abnormal situations in foreign trade, so as to safeguard national economic security.
- establishing a public information service system. The fifty-fourth provision states that the State shall establish a public information service system for foreign trade and provide information services to foreign trade operators and other public.
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